General Terms and Conditions (GTC) of Toggenburg Bergbahnen AG (TBB)

General

The General Terms and Conditions (GTC) apply to all services and products (hereinafter referred to as common services) - whether subject to payment or free of charge - provided by members of the Tarif- und Marketingverbund der Bergbahnen Toggenburg (BBT) or the Toggenburg Bergbahnen AG (TBB). In addition, when using certain services, special provisions of the BBT or TBB applicable to that particular service may apply. If necessary, the customer will be informed accordingly before using the service in question. When using the services of the BBT or TBB, the validity of these GTC is acknowledged. A written copy of these General Terms and Conditions can be obtained from the TBB or the individual members of the marketing association.

Contract

The contract with TBB/BBT is concluded with the unconditional acceptance, i.e. purchase of one or more company-owned services. From this point in time, the rights and obligations arising from the contract, including these General Terms and Conditions, shall come into effect.

Identity card requirement

Customers must provide identification at the request of the cashier/cable lift staff.

Age groups and categories

Age group for day and multi-day ski passes / winter and annual season tickets / snow sports schools: The reference date is the date of birth 

Winter

Infant up to 5 years
Child 6 up to and incl. 15 years
Junior 16 up to and incl.19 years
Adult 20 up to and incl. 64 years
Senior 65+ (Monday-Friday)

Summer

Infant up to 5 years
Child from 6 up to and incl. 15 years
Adult from 16 years

Families

Family discount for 6 - 15 year-olds is granted for the defined ski passes if the ski pass is purchased together with at least one parent.
The family ticket can be purchased by families living in the same household. It includes two adults over 18 years of age and an unlimited number of children up to the age of 18.

Groups / schools

The rate for groups and schools is applied if a group comprises at least 10 persons (adults, young adults and children) and the students are accompanied by an authorised supervisor. When determining the minimum number of people for each price group, children / juniors are also counted as one person. In order to receive the group/school rate, all tickets must be purchased at the same time and paid by one person.

Services

Our services are described in the cable lift/snowsport information brochures or on the respective websites as well as in additional written offers. Special rates, requests or additional agreements are only part of the contract if they have been confirmed in writing in a legally binding manner.

Validity of piste passes

The piste passes are only valid during the day and the publicly advertised operating hours. For evening events and events outside the general opening hours (e.g. night skiing, evening sledging) other regulations apply. Winter and annual season tickets also include night skiing in Alt St. Johann.

Transport

By selling a mountain railway ticket, members of TBB/BBT undertake to transport the rightful ticket holders or their equipment in accordance with these General Terms and Conditions. The use of all prepared and marked ski runs as well as hiking and tobogganing trails is included in the price. Sports equipment is only transported if permitted by the infrastructural and safety facilities and if the conservation regulations for the protection of wild animals and their habitats are not violated.

Prices and terms of payment

Prices

The prices for the cable lift tickets are given in the cable lift /snow sports information brochures and on the internet. Unless otherwise stated in the online information and brochures, the prices for the lift tickets are quoted per person and generally include VAT. All cable lift tickets, with the exception of one-way tickets, points and multiple journey tickets, are personal and non-transferable. In the event of different price information in the individual brochures and online, the provisions published on the internet at www.chaeserrugg.ch shall apply.

Payments

Payment is due upon conclusion of the contract. Cable lift tickets are generally not available on credit or on account. An exception to this rule must be agreed in advance and is only valid if confirmed in writing. For other services and products, the customer undertakes to pay the invoiced amount by the due date indicated on the invoice form. The BBT/TBB is entitled to postpone invoicing for minor amounts. Objections to the invoice must be made in writing stating reasons for the complaint within 10 days. If the customer does not meet their payment obligation within the payment period, they shall be in default upon expiry of this period without any further reminder and shall pay liable for default interest of 5%. If payment is still not made after a second reminder, the BBT/TBB is entitled to suspend all services to the customer without further notice. We reserve the right to demand full or partial advance payment for services. Other agreements between the customer and BBT/TBB are reserved.

Changes to prices and services

The BBT/TBB expressly reserves the right to change service descriptions and quoted prices both online as well as in brochures and price lists until the contract is concluded.

Currencies

Prices are always quoted in Swiss francs. Euro conversion is carried out in compliance with the current exchange rate in the Axess payment system (this is continuously updated in the payment system). Change is always given in Swiss francs.

Vouchers

Expired vouchers will only be extended if evidence of their purchase can be provided. Vouchers that have been issued free of charge (sponsoring, PR purposes, shareholder tickets, etc.) will not be extended.

Ticketing

Exchange / refunds

It is not possible to exchange cable lift tickets for other tickets or season tickets at a later date. in the event of illness or accidents, purchased ski passes valid for two days or more as well as season and annual tickets will be refunded to the person concerned proportionately if a medical certificate is provided. The day of the accident is regarded as a day used. The following reasons are not accepted as grounds for refunds; bad weather or snow conditions, results of force majeure, ticket loss, early departure, failure or non-operation of facilities. Refunds for subscriptions and ski passes of two days or more must be applied for immediately after the event at the station where they were purchased. No refunds can be made after the end of the winter/summer season during which the ticket was valid. If the ski passes or season tickets are used again after they have been returned, the holder also relinquishes any right to refunds. The refund applies only to the person concerned, not to the whole family.

The amount refunded on annual and season tickets is as follows:

For winter / summer tickets, the amount paid at purchase will be refunded as follows:

1/2 month75%
1 month60%
1 1/2 months45%
2 months30%
2 1/2 months15%
from 3 months0%

For annual tickets the amount paid at purchase will be refunded as follows:

1 month80%
2 months70%
3 months60%
4 months50%
5 months40%
6 months30%
7 months 20%
8 months 10%
9-12 months 0%

Tickets with defects not caused by the customer and that do not work will be replaced free of charge when returned. A replacement fee of CHF 10.00 is payable for season tickets that have been destroyed by outside influences.

Ticket loss

If multi-day passes (from 2 days) and season/annual tickets are lost and not recovered, they will be replaced upon presentation of the blocking confirmation and sales receipt. The lost ticket will be blocked immediately.

Ticket misuse

Cable lift staff are entitled to check tickets at any time. When requested by the cable lift employees, ticket holders must identify themselves by means of a valid identity card or an equivalent document. If ticket misuse such as the use of tickets by third parties or forgery of identity documents is detected, the ticket will be confiscated immediately. A fee of CHF 150 will also be charged. In addition, the fare must be paid in arrears. We reserve the right to take civil or criminal action.

Misconduct of the ticket purchaser

If the ticket purchaser violates the present regulations, disregards instructions of the cable lift staff or the piste and rescue service, blocks ski runs or hiking trails, ignores regulations concerning forest and wildlife protection zones as well as FIS rules, uses a slope threatened by avalanches or behaves recklessly, the BBT/TBB has the right to refuse use of the cable lift facilities and ski slopes and - subject to a deviating regulation in these General Terms and Conditions - confiscate the ticket without compensation and refuse to transport the purchaser. We reserve the right to take legal action. Anyone who endangers safety and order in the ski area due to the influence of alcohol or the consumption of drugs can be temporarily or permanently excluded from use of the cable lift facilities and ski slopes. Anyone who damages or fouls BBT/TBB facilities and equipment is liable for payment of the repair and cleaning costs. If damage is intentional, we reserve the right to take legal action.

Event tickets

Any trade with purchased event tickets for commercial or business purposes is prohibited. Non-observance may result in the loss of the service associated with the tickets purchased and in claims for damages towards the original ticket purchaser and ticket purchasers. Persons who violate these regulations can be excluded from purchasing tickets. If the TBB decides to postpone an event or change a venue, the ticket remains valid for the postponed date or the new venue, irrespective of the reasons for the postponement. Tickets will be returned, refunded or exchanged at the discretion of TBB. By purchasing the ticket, ticket purchasers acknowledge the safety, admission, age and other implementing regulations of the TBB and acknowledge that they may be excluded from the event without compensation if these regulations are not complied with. The applicable regulations are available from the respective organiser.

Disruptions in provision of services

If the BBT/TBB is temporarily unable to fulfil its obligations from the transport contract due to circumstances which it is unable to avert, purchasers of a cable lift ticket shall not be entitled to make any claims whatsoever against the BBT/TBB. This applies in particular in the following cases:

  • Discontinuation of operations and closure of the ski runs due to unforeseen circumstances and force majeure, such as wind/weather, avalanche danger or official decrees
  • Operational malfunctions, for example due to technical defects or power failures

Safety Information

For safety reasons, the ski lifts do not transport people carrying children on their backs, in backpacks or on their shoulders. For safety reasons, children under six years of age or a height of 125 cm may only use the chairlifts when accompanied by an adult. Only marked slopes are monitored. Do not leave these slopes. The last slope check by the SOS and piste service is carried out daily on all marked slopes. Remember that costs arising from search and rescue operations required after the last check of the ski slopes has been carried out or if the cable lifts are restarted after official closure will be charged in full to the persons responsible. Please follow the FIS rules.

Accident in snow sport area

If ticket purchasers have an accident while using the cable lift facilities or in the TBB/BBT ski area, they can call the rescue service of Toggenburg Bergbahnen AG. The use of the rescue service is subject to payment. Additional costs for ambulance transport will be charged separately. Other costs incurred by third parties (e.g. Rega Swiss Air Rescue) must be reimbursed directly by the customer. Customers are responsible for making any claims for reimbursement against their insurance company.

Complaints, liabilities

Any complaints made by ticket purchasers concerning the provision of services by BBT/TBB must be addressed immediately to the management of Toggenburg Bergbahnen AG or its staff. Failure to submit any immediate complaints renders any claims of ticket purchasers against BBT/TBB invalid. The BBT/TBB is liable for personal injury and damage to property caused by the company or its personnel in accordance with the following provisions. The relevant provisions of the Swiss Code of Obligations shall also apply. Liability is limited, as far as legally permissible, to grossly negligent and intentional behaviour. The BBT/TBB shall not be liable for damage to property and personal injury in the event of accidents resulting from

  • Non-observance of instructions, i.e. disregarding markings and information boards, leaving the secured and controlled slopes
  • Disregarding instructions and warnings of the cable lift staff or the piste and rescue service
  • Non-observance of avalanche hazard warnings
  • Negligent or intentional behaviour on ski lifts and ski slopes
  • Carrying out any high-risk sports such as freeriding, downhill biking, paragliding, base jumping etc.
  • Insufficient piste grooming

In addition, the liability of BBT/TBB is based mainly on the guidelines for the obligation to maintain safety on snow sports slopes. The BBT/TBB shall not be liable for accidents occurring outside the secured and marked ski slopes, unless they can be accused of grossly negligent or intentional violation of the obligation to maintain safety on the slopes. Furthermore, any liability for accidents on hiking and sledging trails is excluded. For personal injury or damage to property resulting from the non-performance or improper performance of the contract, BBT/TBB shall be liable within the scope of these General Terms and Conditions and the relevant national laws. Any liability for theft in the ski area or for damage to property by third parties is excluded.

Insurance

The BBT/TBB advises visitors to take out supplementary insurance.

Customer data

The BBT/TBB undertakes to observe the applicable data protection legislation when handling and processing all customer data and customer usage data. Customer data is only used to maintain and improve customer relations, quality and service standards, to maximise operational safety and in the interest of sales promotion, product design, crime prevention, key economic data and statistics as well as invoicing. The customer hereby acknowledges and agrees that in the event of joint provision of services in cooperation with third parties, the BBT/TBB is entitled to make customer data available to the third parties concerned to the extent necessary to provide the services. In all other cases it is only permitted to pass on customer data to third parties with the express consent of the customer. An exception only applies if the BBT/TBB is legally obliged to pass on personal data to third parties.

Services in group business and in connection with the hospitality of the Toggenburg Bergbahnen AG

Reservation

The contract is only valid if it has been confirmed in writing by the "customer". If the offer is not confirmed within 10 days, TBB reserves the right to rebook the reserved dates.

Number of persons

The customer is requested to provide information on the final number of persons at the latest 48 hours before the event. Persons who cancel later will be fully charged. If the final number of persons differs from the confirmed number of persons by more than 20 percent, TBB reserves the right to charge the difference. A higher number of persons may mean that the capacities of the TBB are insufficient. For this reason the TBB is only obliged to accommodate the last number of persons confirmed by the TBB until the higher number of persons is confirmed.

Cancellation conditions

The organiser must be informed of any full cancellation of the event by the customer as soon as possible. If the whole event is cancelled at short notice, the following percentages of the agreed services will be invoiced to the customer:

60-45 days before the event15% of the agreed service
44-30 days before the event30% of the agreed service
29-15 days before the event50% of the agreed service
3-14 days before the event75% of the agreed service
0- 2 days before the event100% of the agreed service

Contract amendments

Amendments to the contract by the customer will only be accepted if agreed and made in writing (post, fax or email).

Down payments

50% of payment for booked services are due when the contract is signed, this applies to all events for 20 or more persons.

Facilities / seating

The rooms will be provided with facilities as requested by the customer in accordance with the terms of the contract. Changes to the facilities can be made in writing to up to 48 hours before the start of the event. The customer will be charged a flat rate of CHF 100 for changes requested at a later date.

Damage to furniture

In particular customers are advised that it is not permitted to attach adhesive strips or any other adhesive materials to the walls. The customer is liable for any damage resulting from improper use of the premises.

Extension of the event

If the agreed closing time of the event is exceeded, customers are requested to contact the respective TBB employee in good time. An extension is only possible in consultation with and with the express consent of Toggenburg Bergbahnen AG. An extension will result in corresponding additional costs.

Fireworks

On the Chäserrugg an absolute ban on fireworks applies to protect local wildlife.

Additional trips for extra journeys

The TBB deploys its personnel according to the extra journeys ordered and can therefore only these can be guaranteed. Additional journeys can only be made after consultation and approval by the TBB. The corresponding additional costs shall be borne by the customer.

Accounting

Toggenburg Bergbahnen AG will invoice the expenses incurred after the event. Customers are requested to settle outstanding accounts within 10 days of the date of invoice. If not otherwise agreed, the contract address is considered a valid delivery address. TBB reserves the right to make the validity of a reservation dependent on a deposit or advance payment for the event.

Withdrawal by TBB

TBB shall be entitled to withdraw from the contract in exceptional circumstances by unilateral (written) declaration for a factually justified reason. Factually justified reasons include, for example:

  • Force majeure or other circumstances for which TBB is not responsible and which make fulfilment of the contract impossible, such as a storm.
  • Events that are booked under misleading or false declaration of facts essential to the contract, e.g. with regard to the person of the customer or the purpose of use or stay.
  • If TBB has justified reason to believe that the use of the agreed services may impair the smooth running of business, the safety of other guests or the reputation of TBB or that the purpose of the event is unlawful.

Data protection

All personal data of the customer are confidential and are not forwarded to third parties. Data such as name, address, email address, article, price, quantity, credit card company, credit card number and expiry date as well as all other data provided by the client are collected, treated and used for processing the order and providing customer service in compliance with the provisions of the Data Protection Act.

Applicable law / jurisdiction

The contract between the customer and BBT/TBB is subject to Swiss law. The place of jurisdiction is Wildhaus-Alt St. Johann, unless mandatory legal provisions stipulate a different place of jurisdiction.

Unterwasser, 1. Januar 2020