General Business Terms and Conditions
General Business Terms and Conditions for bookings in the webshop www.andermatt-sedrun-disentis.ch by consumers, valid since 24 June 2020.
In the following, you will find the business terms and conditions of Andermatt Sedrun Disentis Marketing AG (hereinafter, “ASDM”) on the basis of which we offer our products and services.
1. Scope of the General Business Terms and Conditions
These General Business Terms and Conditions address the contractual relationship between you as the customer (the “Customer”) and Andermatt Sedrun Disentis Marketing AG (“ASDM”) for all orders placed on the online booking platform www.andermatt-sedrun-disentis.ch. ASDM reserves the right to modify these General Business Terms and Conditions at any time without prior notice. Controlling is the version in effect at the time of the booking (offer by the Customer to conclude a contract).
2. ASDM as agent/broker with collection mandate
The Customer books shopping cart items on www.andermatt-sedrun-disentis.ch. For each of these items, ASDM acts as agent/broker with a collection mandate. The contracting party in each case is the supplier or service provider that has been booked or is under an obligation. ASDM is itself the contracting party only in the cases expressly described below (see “Services of ASDM” in Clause 4, below).
Offers on www.andermatt-sedrun-disentis.ch can be put together as individual components (hotel, cableways ticket, gear, etc.) to form a complete holiday stay that is tailored to the specific needs of the Customer. ASDM is not liable for the composition of the shopping cart or for how the individual items fit together (in terms of time, location, etc.). Unless it is providing the service directly, ASDM is also not liable for the proper performance of the individual service or supply. In this respect, the Customer can rely only on the brokered contract with the direct provider (hotel operator, rental company, etc.) and the business terms and conditions applicable there. The Customer is responsible for appropriately familiarising himself or herself with these documents. In doing so, ASDM will assist the Customer with useful suggestions and cross-references in the appendix to these General Business Terms and Conditions. To the extent that the Customer is made aware of such contractual provisions here or at a different location on www.andermatt sedrun-disentis.ch, this is done solely for informational purposes, and no obligation is imposed on ASDM as a result.
3. General terms and conditions
3.1 Conclusion of contract, advance payment, email correspondence
The offers published by ASDM do not constitute an offer of contract. If the Customer orders the shopping cart on the ASDM platform, this constitutes an offer to conclude a contract with respect to the individual items in the shopping cart. The Customer is bound by his or her offer for 24 hours. During this period, ASDM must send a reply to the email address provided by the Customer. During the time frame, ASDM will verify as promptly as possible the ability to collect the advance payment (credit card coverage) and the definitive availability of the ordered items.
ASDM will notify the Customer by display on the website (success page) if the order process cannot be completed as requested and will cancel the entire transaction (no acceptance). Refusal of the offer always relates to the entire shopping cart, even if only one ordered item caused the refusal.
If payment and services are available, ASDM will, as part of its agency/brokering mandate, concurrently conclude the individual contracts between service providers/suppliers and the Customer. In doing so, ASDM will provide the Customer with an order confirmation by displaying it on the website (success page) and sending it by email (acceptance of all shopping cart items) and definitively debit the advance payment.
The response by ASDM to the Customer’s offer is deemed given once the corresponding data are sent over the internet on the system of ASDM. The time at which the email reaches the Customer or at which the display of the success page is shown on the Customer’s client is irrelevant. Should the Customer fail to receive a response from ASDM, he or she is obligated to contact ASDM, bearing in mind that the current order status can also be viewed in his or her user account.
If the Customer orders a shopping cart but lives in a country that is not listed during the payment process, ASDM is not in a position to accept the order, even if the automatic platform can be moved by the Customer at the above-described responses. The contract is first deemed concluded on the spot – if at all – when the goods are supplied or the service is actually used.
The transmission of email messages over public networks is asymmetrical and susceptible to malfunctioning, takes place without protection, and can be intercepted, read, and modified by third parties. In addition to seeing the content, third parties can also identify the sender and recipient of the email. This also applies to email used to communicate with ASDM. The Customer authorises ASDM to send email to him or her. ASDM is not in any way liable for damages that are incurred as a result of the defective, faulty, or intercepted transmission of email. These terms apply mutatis mutandis to other unprotected forms of communication with a comparable method of functioning and risk situation that are used currently or in the future.
Messages sent to addresses provided by the Customer or that have been successfully used in correspondence with ASDM (namely email addresses) are deemed to have been sent properly. In the case of email, the time of sending is deemed to be dispatch by ASDM. For postal correspondence, it will be assumed until proof of the contrary is furnished that letters with priority delivery, including abroad, were delivered not later than four days after being handed over to a Swiss post office.
3.2 Price, Terms of payment
The price to be paid by the Customer results from the total price in Swiss francs (CHF) that is shown in the shopping cart. Unless expressly mentioned otherwise, it includes all surcharges and taxes. Swiss value-added tax is calculated into all prices. Local taxes (such as spa taxes) are charged on site.
The total price depends on the specific structure of the overall package and therefore may vary from the indicated prices (“from CHF ...” and numbers in foreign currencies). Numbers in EUR are in all cases non-binding references. Prices may be subject to changes on an ongoing basis. The Customer is responsible for ensuring that the shopping cart displayed to him or her is still current. After initiating the ordering process, the Customer will be shown a summary of his or her offer. The prices included in it will be accepted by the system for 30 minutes as fixed. Thereafter, the Customer must for his or her security re-initiate the ordering process in the shopping cart.
As a rule, contracts pursuant to the individual shopping cart items are concluded only after automated advance payment has been made pursuant to the configuration of the online platform. Until such time as ASDM receives a coverage commitment, it will not accept the Customer’s offer. The Customer and ASDM bear all fees that they each incur through payment processing.
3.3 Delivery of vouchers/e-tickets and loadable data storage devices
The order confirmation is considered to be the receipt for the concluded contracts. However, it cannot be used as a certificate of entitlement to obtain the service (voucher, travel ticket, e-ticket). The order confirmation contains a link to the Customer’s user account, where he or she – depending on the product – can download the necessary documents or load them onto a data storage device. For certificates that are part of a package, additional details may be necessary prior to printing them out, such as the exact date of travel and personal information for railway tickets or weight details for ski rentals.
Certificates of entitlement are not sent physically. Vouchers, travel tickets, and e-tickets are to be printed out for their use by the Customer in accordance with the terms and conditions (print at home). One exception to this are the data storage devices for ski passes, which under certain circumstances are loaded, sent, or delivered (see the General Business Terms and Conditions of the cableways). Certificates of entitlement may not be duplicated, changed, or reproduced.
The Customer is in any event responsible for protecting his or her certificates of entitlement (vouchers) against theft or impermissible duplication. He or she must note that impersonal services are awarded to the individual who presents the valid document first. For ASDM or the service providers brokered by ASDM, it is irrelevant if proof is subsequently furnished that the individual who presented the document is not identical to the orderer/Customer.
The documents printed out by the Customer as certificate of entitlement are to be presented in a dry, unsoiled, undamaged, unwrinkled, readable condition. They may have a bar code that can be verified electronically for control purposes. The documents may not be folded in the area of the bar code.
3.4 Basic conditions
ASDM has no influence over the structural measures, emissions sources, etc. in the vicinity of a described abode and accordingly also cannot assume any liability. As a rule, ASDM also has no influence over the origin of any tourists who are present, over the general service quality and the quality of the food in the local restaurants, over the organisation and performance of announced events at the travel destination (unless ASDM is the organiser), or over individual sport options (unless expressly a part of the offer).
The services acquired with the order of the shopping cart cannot be cancelled or annulled. Exceptions are addressed by the provisions concerning the individual contractual relationships.
4. Services of ASDM
4.1 Packages (package holiday)
ASDM acts as operator for the packages that are put together as a combination of several services, such as excursion and lodging or lodging and ski pass, and are furnished with a total price (package holiday). The foregoing General Business Terms and Conditions apply to the packages in their totality. The certificates of entitlement (vouchers, tickets, etc.) are delivered separately for the individual service components. Hotel lodging included in packages may not be cancelled.
ASDM will make every effort to ensure that the services included in the package can be provided. If ASDM determines that a substantial part of the package cannot be provided (due, for example, to weather conditions), ASDM will attempt to offer the Customer a substitute in accordance with the general business terms and conditions of the corresponding service providers.
In any event, the commencement of travel for a package holiday takes place within Switzerland. The Customer is responsible for arranging for any arrival from abroad, which is not included in the package and thus also not in the service of ASDM as travel operator. It is recommended that foreign Customers obtain information about travel formalities for visiting Switzerland prior to placing the order.
4.2 Half-price pass
ASDM sells cableways tickets on behalf of the cableways company and thus also the half-price pass.
ASDM is the issuer of the “half-price pass”. In doing so, it acts as fully authorised management and marketing company for the service providers participating under the half-price pass brand. ASDM merely guarantees a discount. With respect to the individual discounted services, the respective service provider is the contracting party (Clause 2).
The half-price pass allows the Customer to consume additional touristic added values and services at no charge or for a reduced price, as follows:
50% discount on one-day tickets "ASD" of Andermatt Sedrun Sport AG and of Bergbahnen Disentis AG, valid from 19 December 2020 to 11 April 2021.
The half-price pass can be purchased solely for the respective winter season.
After purchasing the half-price pass, the Customer can order each of the individual added-value services pursuant to Clause 4.2.2, and by presenting his or her half-price pass, he or she is entitled to receive the corresponding discount pursuant to Clause 4.2.2.
The following half-price pass added-value services will be automatically loaded on to the Customer’s existing half-price pass without an additional purchase transaction by the Customer:
currently no entries
The following half-price pass added-value services must be booked by the Customer directly on location with the corresponding service provider by presenting the half-price pass:
currently no entries
The following half-price pass added-value services must be booked by the Customer in the webshop by prior entry of his or her shop log-in and provision of his or her half-price pass number:
Service pursuant to Clause 4.2.2 1
4.3 Annual pass
ASDM sells cableways tickets on behalf of the cableways company and thus also the annual pass. ASDM is the issuer of the “annual pass”. In doing so, it acts as fully authorised management and marketing company for the service providers participating under the annual pass brand. ASDM merely guarantees the terms and conditions. With respect to the individual, in some cases discounted services, the respective service provider is the contracting party (Clause 2).
The annual pass allows the Customer to consume additional touristic added values and services at no charge or for a reduced price, as follow:
Free use of all lifts of Andermatt Sedrun Sport AG and of Bergbahnen Disentis AG, valid from 6 June 2020 to 25 April 2021.
Free membership in the GotthardCLUB pursuant to Clause 4.3.9.
The annual pass can be purchased solely for the respective summer and winter season.
After purchasing the annual pass, the Customer can order each of the individual added-value services pursuant to Clause 4.3.2, and by presenting his or her annual pass, he or she is entitled to receive the corresponding services pursuant to Clause 4.3.2.
The following annual pass added-value services will be automatically loaded on to the Customer’s existing annual pass without an additional purchase transaction by the Customer:
Service pursuant to Clause 4.3.2 1
Service pursuant to Clause 4.3.2 2
The following annual pass added-value services must be booked by the Customer directly on location with the corresponding service provider by presenting the annual pass:
currently no entries
The following annual pass added-value services must be booked by the Customer in the webshop by prior entry of his or her shop log-in and provision of his or her annual pass number:
currently no entries
If winter operations should be unable to commence on 12 December 2020 as a result of officially ordered measures to combat the coronavirus, the Customer can claim a reimbursement of 100% of the purchase price for the annual basis. Thereafter, the following terms apply:
Until January 15: Reimbursement of 60%
Until February 15: Reimbursement of 30%
Until February 28: Reimbursement of 10%
On or after February 28, no reimbursement
4.3.9 With the purchase of an annual pass, the Customer receives exclusive membership in the “GotthardClub”. As a member of the GotthardClub, the Customer benefits from additional services and from discounted services. ASDM merely guarantees the terms and conditions. With respect to the individual services, the respective service provider is the contracting party (Clause 2).
4.4 Other terms and conditions
If, by way of exception, it is possible to claim the right or ability to cancel, to terminate, or to return goods, as well as in the event of impossibility of service provision, then subject to derogating mandatory statutory arrangements, the following applies: The Customer will be refunded amounts that have already been paid. More extensive claims of the Customer, particularly claims for compensation of damages due to consequential damages and lost profit, are excluded.
Compensation of damages for improper performance of a package holiday is, to the extent permissible by statute, limited to twice the price of the package.
ASDM is not liable for damages in connection with excursions or events that are booked by the Customer himself or herself “on location” while the trip is being carried out. This also applies where the corresponding documents are available in a system that is attributable to ASDM or on the website.
The liability of ASDM for services of providers (contracting parties) of discounted services is excluded. ASDM is liable here only for the granting of the discount itself.
4.4.2 Complaints in connection with packages (package holidays)
If the Customer has cause to make complaints during the trip, he or she must notify ASDM or the service provider about them immediately. In addition, the Customer is obligated to do everything that can be reasonably expected of him or her in order to help eliminate the problem and keep the potential damage low. The Customer’s warranty claims are in any case prescribed after one year from the agreed end of the package holiday or the time of provision of the service. Warranty claims cannot be assigned.
4.4.3 Applicable law and place of jurisdiction
Swiss law is exclusively applicable to the contractual relationships with ASDM and its Customers (orderers, buyers), including the issue of the existence and validity of the contract. The registered office of the pertinent service provider or ASDM, as the case may be, is controlling for the determination of the place of jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
5. Limitation of use
If ASDM or, as the case may be, the operator of the lifts is unable to meet its obligations – either in full, in part, or temporarily – in connection with the sale and use of lift tickets and lifts as a result of circumstances that it is incapable of avoiding, the Customer has no claims against ASDM or, as the case may be, the operator of the lifts. This applies in particular in the following cases:
Discontinuation of operation, closing of pistes and trails as a result of unforeseeable circumstances, force majeure, risk of avalanche, strikes, or official directives, such as road closures;
Overloading of transport facilities or congestion of pistes and trails, as well as the resulting potential waiting times. ASDM or, as the case may be, the operator of the lifts decides in its sole discretion whether a transport facility is overloaded or pistes and trails are congested;
Interruptions and temporary discontinuations of operation of parts of transport facilities as a result of construction or maintenance work.
When events are being held, access to individual lifts may be tied to the purchase of a ticket to the event. In addition, access to pistes and trails may be closed.
6. Notices concerning individual service providers
6.1 Cableways products:
6.1.1 Cableways products of Andermatt Sedrun Sport AG
Applicable are the General Business Terms and Conditions and rates of Andermatt Sedrun Sport AG.
6.1.2 Cableways products of Bergbahnen Disentis AG
Applicable are the General Business Terms and Conditions and rates of Bergbahnen Disentis AG.
6.1.3 Half-price pass Andermatt Sedrun Disentis
Applicable are the General Business Terms and Conditions for the half-price pass pursuant to Clause 4.2.