General Terms and Conditions

1. General

Schilthornbahn AG operates an e-commerce system from INCERT eTourismus GmbH & Co KG.  All deliveries and services of Schilthornbahn AG, and the therewith associated online orders over the internet and other online services are subject to these General Terms and Conditions (GTC). Deflecting and/or complementing agreements need explicit affirmation of the executive board of Schilthornbahn AG and have to be made in writing; the same shall apply to any waiver of this written-form requirement.

The online-vouchers are transferred from Schilthornbahn AG to the purchasers with an forgery-safe security code. As the purchaser is able to print the voucher himself, several prints are possible, but only one thereof is valid and redeemable. The first voucher with the correct code that is redeemed is considered the original and has to be immediately validated by Schilthornbahn AG. If further vouchers with the same code emerge, it is considered a case of abuse which will result in legal consequences. If a person tries to redeem multiple vouchers with the same code, there will be no entitlement to performance and/or delivery, neither will there be entitlement to compensation on the part of Schilthornbahn AG, even if the person redeeming the first voucher is not its legitimate owner. In fact, if someone gives out a voucher with intention to defraud, he or she will be immediately prosecuted for forgery.

The period of validity of the vouchers corresponds to the statutory limitation periods in accordance with the Swiss Code of Obligations. After expiry of this period, Schilthornbahn AG is no longer obliged to accept it.

Prices and fare increases are subject to change. Corresponding differences may be charged by Schilthornbahn AG.

Lost vouchers will neither be replaced nor will cash refunds be made for vouchers. If the value of the voucher is higher than the cost of the consumed service, Schilthornbahn AG agrees to grant further services for the full remaining value. In this case there is no right for a cash payment of the remaining value of the voucher. Since a voucher can be given away, Schilthornbahn AG is not required to validate if the redeeming person is its legitimate owner. The only things verified at the redemption are if the voucher number is actually enabled in the system and whether the according voucher really has been paid for. Schilthornbahn AG is not obliged to accept vouchers that have not been paid for. For operative reasons, the services connected to the voucher can only be supplied by Schilthornbahn AG if a correct and timely reservation has been made. This is especially true for vouchers for overnight stays and vouchers for groups. According to circumstances, the service of Schilthornbahn AG can slightly differ from the description on the voucher, however, this must not result in a decrease in value for the purchaser. If, for any reason, Schilthornbahn AG closes down, the vouchers expire without a right for compensation. The same shall apply if the owner of Schilthornbahn AG changes. In this case, Schilthornbahn AG is not obliged to indemnify potential losses.

3. Souvenirs

Schilthornbahn AG may change or adjust prices at any time. The price displayed in Shop when the contract is concluded is binding.

The customer has the right to revoke his order in writing within 7 days. The right of withdrawal expires with the opening of the original packaging. The customer must return the goods immediately and in the original packaging. The customer bears the cost of returning.

The customer must immediately check the goods delivered to him. If the goods are incomplete or damaged, the customer should have this confirmed by the deliverer. A possible complaint must be made within 10 days after delivery. The damaged goods must be returned in unused, unchanged condition in the original packaging (not opened). As a rule, a replacement of equal value will be supplied. If Schilthornbahn AG is unable to do so, a claim for reimbursement of the purchase price shall arise.

Schilthornbahn AG endeavors to execute orders within 3 days. Delivery times of 3-5 working days for Switzerland, 5-8 working days for nearby countries and 10-15 working days for other countries must be expected. Claims for damages due to delays in delivery are excluded.

For paymentsyou can choose between credit card or TWINT. Upon payment, the amount will be charged immediately. Any expenses shall be borne by the customer. Offsetting is only permitted with undisputed or legally established claims. The customer may only assert a right of retention if it is based on the same contractual relationship.

The amount displayed in the shopping cart corresponds to the total value of the individual items and thus the price to be paid by the customer. Swiss value added tax is included in all prices. Not included are, depending on the country of the recipient address, the shipping costs and any customs duties and taxes.

5. Right of withdrawal

For vouchers that have been paid and printed online, there is no right of withdrawal. Vouchers that have been bought on account can be revoked within 24 hours and have to be sent back to the exhibiting company within three days (from the date of issue).

Complaints concerning extent of delivery, material defects, misdeliveries and quantity deviation have to be alleged in writing immediately, at the latest one week after receipt of the product. If the complaints are justifiable, Schilthornbahn AG will emend the deficient delivery free of charge and, with reservations of exclusion at buyers option, replace the vouchers, take them back or grant allowance for them. If, in the case of a replacement, the second compensation delivery is deficient as well, the purchaser has the right to conversion or abatement.

Schilthornbahn AG is entitled to collect, save and process personal data of the purchaser, as for the business appropriate. This considering the appropriate duty of care concerning the sensitive handling of customer data.

The data protection agreement of Schilthornbahn AG applies. (Link)

The ineffectiveness of several items of this General Terms and Conditions (GTC) is not tangent to the effectiveness of any other items. An ineffective regulation will be replaced with a new regulation which comes as close as possible to the economic impact of the ineffective regulation. Place of fulfillment and place of jurisdiction for contracts, including this General Terms and Conditions (GTC), is Thun, Switzerland.