GTC Top4 2021/22

General information

1. With the purchase of a Top4 Season Sportpass, the Customer accepts the terms and conditions below and acknowledges the following service description. 
2. Sportpasses are personal and non-transferable.
3. Sportpasses entitle the user to unlimited use of the transport companies as well as snowsports runs in the respective ski region: Jungfrau Ski Region including Bernese Oberland Railways, Grindelwald Ski Bus Network, Lauterbrunnen local bus lines, TV Libero zones 750, 820, 821 and 822 and valid for school and professional trips within this scope of validity. Gstaad, represented by Tarifverbund Gstaad GmbH. Ski passes are valid for the public transport from 11 December 2021 until 3 April 2022 in the trains from Matten/St. Stephan until Rossinière in the 2nd Class and in the Post Bus between Saanenmöser until Col du Pillon, Lauenen and Turbach. Adelboden-Lenk ski region incl. Gilbach to Geils bus line. Excluding public transport & local buses. Not valid for school and professional trips within this scope of validity. The ski areas Oeschinensee, Sunnbühl and Jaunpass are no longer part of the Top4 ski pass. Accordingly, the Top4 passes are no longer valid in these regions. Meiringen-Hasliberg mountain railways including the Meiringen ski post car, Brienz-Brünig-Hasliberg Reuti post car, Guttannen-Innertkirchen and Gadmen-Innertkirchen post car, Geissholz-Meiringen-Unterbach post car line. Not valid for school and business trips on all bus, post car lines.
4. Sportpasses are not valid for extra and evening trips. The Sportpass is only valid for regional additional services if this is expressly announced or a special offer is created. 
5. The season Sportpass is valid from 1 December to 30 April. In addition, the season Sportpass is valid in November on days with ski operation at the respective facilities in the corresponding ski region. The daily operating hours are published on the respective transport facilities on site.
6. The Sportpasses include special services for snow sports enthusiasts on pistes and service facilities (chair lifts, ski lifts, etc.) that have been officially designated and announced as open. The operating times for pistes and lifts are determined by the operating companies in accordance with snow and weather conditions, and their decisions are binding on Sportpass holders. If Sportpasses are used outside the stated operating hours for the facilities, then their validity extends only to personal transport on scheduled transport. The use of closed snowsports runs is prohibited; abuse constitutes gross negligence because, on facilities with this status, there is no assurance of marking, safety and rescue, which entails a higher risk of accident and potentially even a danger to life.
7. Sportpasses must be produced without being asked to do so when using transport companies without an electronic reader device. If the ticket has been purchased online, the guest provides documentation by means of a printed confirmation of purchase. Identification must also be carried at all times together with the confirmation of purchase.
8. A photo is required to create the season Sportpasses. The electronically captured personal data are stored in a database. When passed over the electronic reader devices, the holder's photograph appears on an internal computer.

Safety on the slopes

9. The FIS rules and SKUS guidelines must be observed.
10. Obey the piste and rescue services instructions.
11. Outside the train operating times and after final inspection has been completed, the slopes and runs are closed and thus off-limits.
12. A Sportpass may be confiscated for reckless behaviour, in particular disregard of FIS regulations, signals, directives and barriers as well as skiing/snowboarding in forest and wildlife-protection areas or on avalanche endangered slopes. This also applies if the official or operational requirements in connection with Covid-19 (pandemic requirements) are disregarded.
13. If the customer has an accident in one of the ski areas and the rescue service of the mountain railway companies has to be called, then the customer will be charged a maximum amount of CHF 260 plus material costs in the event of a regular rescue on the slope. Third party costs (helicopter transport, doctor, Alpine rescue, etc.) must be paid directly by the customer. Any reimbursement claims against accident insurance are the responsibility of the customer. When purchasing the Top4 subscription, insurance can be taken to cover this risk. 

Exchange/refund

14. After the skipass has been purchased, it is no longer possible to withdraw from the contract; there is no claim to a refund or exchange of the Sportpass.
15. If the participating companies cannot fulfil their obligations under the transport contract as a result of circumstances that they are unable to avoid, temporarily or permanently until the end of the season, the buyer of the Top4 subscription will not be entitled to any claims against them. In particular, there is no entitlement to a refund in the event of technical interruptions to operations and closure of the ski areas or parts of ski areas due to weather conditions, lack of snow, danger of avalanches, early snow melt on the ski slopes, officially ordered closures (subject to the provision in clause 18 on pandemics), etc. Special events can result in certain parts of the ski area being closed off and a spectator sector being established. The Sportpass does not grant access to such events.
16. The specified operating hours of the winter sports lifts are for informational purposes only. Compliance with these times requires appropriate snow and slope conditions. 
17. In the event of an accident and illness, there is no entitlement to ticket refunds. When purchasing the Top4 subscription, insurance can be taken to cover this risk. The possibility of a subsequent conclusion of insurance is excluded after the first use of the pass. If you forget or lose the Top4 season pass, a new copy will be created. A proof of purchase is required for this. Otherwise, the buyer is responsible for proving in another way that he or she was the holder of the card. A processing fee of CHF 5 applies. 
The insurance is taken out by the Top4 holder with the skipass insurer Solid AB, Route de la Fonderie 2, 1705 Freiburg (www.skicare.ch). The provisions of Solid AB apply when taking out an insurance policy. Top4 is a reseller. Subsequent insurance policies are excluded after the skipass has been used for the first time. Withdrawal is not possible. Receivables from Solid AB are to be coordinated by the Top4 pass holder directly with Solid AB and cannot be settled via Top4.
18. In the event of an officially mandated closure due to a pandemic or epidemic, the holder of a Top4 pass at the time of notification will receive a pro rata refund, i.e. the non-usable days will be refunded in relation to the season period. In this case, the season period is considered to be 1 December 2021 – 3 April 2022. In the event of a purchase during or after a lockdown, there can be no claim for a refund for already announced or past closures, but only for future closures. The refund will only be granted if the ski resorts have to close in the entire Top4 area of validity. If systems remain in operation, there is no right to a refund. The refund is generally made in cash. The customer is responsible for claiming the refund; Top4 or its partners are not obliged to actively draw the customers' attention to it. The refund can be claimed by 30 April 2022, after which the claim expires. 
19. If the official regulations for mountain railways and/or winter sports areas change with regard to the Corona protection measures (e.g. introduction, change of certificate obligation 3G or 2G etc.), the corresponding implementation by Top4 or its partners does not entitle to a withdrawal from the contract. There is therefore no entitlement to the return or exchange of Top4 passes and a refund is excluded.

Control/misuse/falsification/customer data

20. Those who are unable to provide a valid Sportpass at the checkpoint must pay for a day pass at the normal rate and will be treated as a traveller without a valid ticket according to fee schedule 600.5. If the guest was in the possession of a valid pass at the decisive moment, a refund for the amount of the day pass can be made within seven days. There is also a processing fee of CHF 5.
21. Behaviour of a guest with the intention of unlawfully enriching himself or another person and/or damaging the transportation companies' assets or other rights is considered abuse.
22. Falsifications are Sportpasses which have been produced by an unauthorised person, amended or otherwise manipulated or show signs of erasure.
23. Misused, counterfeit or blocked Sportpasses shall be confiscated. An ordinary day Sportpass must be purchased. In case of misuse, a surcharge of CHF 200.00 will also be charged. For falsification, this surcharge is CHF 400.00. Passenger tariff 600.5 applies for rail travel.
24. Those unable to pay the aforementioned amounts immediately must provide a guarantee. Otherwise, the guest may be expelled from the ski area. If a guarantee is issued, payment must be made within three days. Otherwise, the case will be forwarded to the office and other fees may be charged.
25. Attempted improper use has the same consequences.
26. Rights to civil and criminal prosecution remain reserved.

Data protection and customer data

27. The companies involved have undertaken to comply with the respective applicable data protection legislation when handling and processing all customer data as well as customer usage data. Customer data is only used to maintain and improve customer relationships, quality and service standards, to maximise operational security, or for sales promotion, product design, crime prevention, key economic data and statistics as well as billing. The customer hereby acknowledges and accepts that in the event of a joint provision of services in cooperation with third parties, the participating companies in the Top4 subscription are entitled to make customer data available to the relevant third party to the extent necessary for the performance of the services. The disclosure of customer data to third parties is furthermore only permitted with the express consent of the customer. An exception applies only if the companies involved are legally obliged to pass on personal data to third parties. Personal data without statutory or business process-related retention periods will be archived for 1,080 days/3 years after the last purchase or after the last used season as of 1 May. If, in individual cases, there is an interest worthy of protection, namely in connection with accidents or criminal acts, they may continue to be stored until conclusion. You can get in touch with our internal Data Protection Officer if you have questions or suggestions on data protection. Either by post at: Jungfrau Ski Region, Datenschutz, Harderstrasse 14, 3800 Interlaken or by e-mail at datenschutz@jungfrau.ch. We have a data protection representative in the EU as a contact point for supervisory authorities and data subjects in accordance with Art. 27 GDPR: By post: Stefan Fischerkeller – Deutsche Datenschutzkanzlei, Dr.-Klein-Str. 29, DE–8069 Tettnang or by e-mail at anfragen@ddsk.de.

Applicable law and place of jurisdiction

28. Several providers form a joint subscription network under the Top4 brand: Jungfrau Ski Region: Firstbahn AG, Gondelbahn Grindelwald-Männlichen AG, Luftseilbahn Wengen-Männlichen AG, Wengernalpbahn AG, die Schilthornbahn AG, Bergbahn Lauterbrunnen-Mürren AG, Berner Oberland-Bahnen AG, Jungfraubahn AG, Postauto Schweiz AG, Grindelwald Sports AG, Skilift Bumps AG, Genossenschaft Skischule Wengen. Tarifverbund Gstaad GmbH: Bergbahnen Destination Gstaad AG, die Wasserngrat 2000 AG, Skilift Rohrbrücke Brüchli AG and Genossenschaft Skilift Heiti. Adelboden-Lenk ski region: Bergbahnen Adelboden AG, Genossenschaft Lenk Bergbahnen, Tschentenbahnen AG, Bergbahnen Engstligenalp AG, Elsigenalp-Bahnen AG, Skilifte Metschalp AG, Sportbahnen Jaunpass AG, Gondelbahn Kandersteg Oeschinensee AG, Luftseilbahn Kandersteg-Sunnbüel AG. Meiringen-Hasliberg Mountain Railways AG. These General Terms and Conditions are drawn up by the Top4 tariff association and apply to all member companies for the Top4 product. All companies are individually responsible for the operation of their installations and pistes. The transport contract is completed directly between the customer and the respective transport installation operator, which is responsible for proper provision of the appropriate services. It also provides for the required technical maintenance of the installation and has the legal obligation to maintain safety (piste and avalanche service). Liability issues, in particular concerning skiing accidents, are accordingly dealt with by the company on whose terrain or installation the incident occurred.
29. The contractual relationship between the Top4 tariff association and its customers, including the question of the conclusion and validity of the contract, is subject exclusively to Swiss Law.
30. For the determination of jurisdiction, the registered office of the respective point of sale applies. For Sportpass purchases via the internet, the office of the Top4 tariff association in Interlaken, Switzerland is the sales point.
31. The application of the Vienna Convention on the International Sale of Goods (CISG) is expressly excluded.

Skipass insurance

The Top4 winter Sportpass will not be refunded in the event of illness or accident. It is therefore recommended to take out insurance when purchasing the skipass. Insurance costs: CHF 63/season. In the event of an accident or illness, the following will be refunded to you on a pro rata basis:

  • Refund of the skipass
  • Refund of ski lessons
  • Refund of ski hire

More information: www.skicare.ch

The insurance cannot be taken out retrospectively after the skipass purchase. 

Refund pandemic/epidemic

In the event of an officially mandated closure due to a pandemic or epidemic, the holder of a Top4 pass at the time of notification will receive a pro rata refund, i.e. the non-usable days will be refunded in relation to the season period. In this case, the season period is considered to be 1 December 2021 – 3 April 2022. In the event of a purchase during or after a lockdown, there can be no claim for a refund for already announced or past closures, but only for future closures. The refund will only be granted if the ski resorts have to close in the entire Top4 area of validity. If systems remain in operation, there is no right to a refund. The refund is generally made in cash. The customer is responsible for claiming the refund; Top4 or its partners are not obliged to actively draw the customers' attention to it. The refund can be claimed by 30 April 2022, after which the claim expires. If the official regulations for mountain railways and/or winter sports areas change with regard to the Corona protection measures (e.g. introduction, change of certificate obligation 3G or 2G etc.), the corresponding implementation by Top4 or its partners does not entitle to a withdrawal from the contract. There is therefore no entitlement to the return or exchange of Top4 passes and no refunds will be made is excluded.

Version November 2021

Scope of the General Terms and Conditions

These General Terms and Conditions (GTC) govern the contractual relationship between you as a customer (Customer) and Jungfraubahnen Management AG (JBM) for all orders made on the online booking platform top4.ski. JBM reserves the right to change these GTC at any time without prior notice. The version at the time of booking is decisive (application for a contract by the customer).

JBM as agent with cash-collection mandate
The customer orders products at top4.ski; JBM acts as agent with a cash-collection mandate for each of these individual positions. The contractual partner is the respective engaged / booked supplier or service provider. Only in the cases explicitly stated hereafter is this JBM itself (see JBM services hereafter).

JBM is likewise not liable for correct performance of the individual service or delivery. In this regard, the customer can therefore only refer to the contract arranged with the direct provider and to the following Top4 GTC.

The customer is himself responsible for obtaining information on these in an appropriate manner. JBM assists the customer in this by providing useful information and cross references in the appendix to these GTC. If and when the customer is made aware of such contract conditions either here or elsewhere at top4.ski, this is purely for information purposes and JBM therefore accepts no liability whatsoever.

General Provisions
General conditions for use of top4.ski
By accessing and using the top4.ski website, and by association also the use of the online platform, the customer accepts the General Conditions of Use for top4.ski (GCU).

In accordance with the GCU, JBM provides neither guarantee of reliability nor unlimited availability of the website and thus cannot be made liable for the effects of interruptions in booking processes or the non-transmission of messages. Particular attention has been paid to the user-friendliness of the user interface. The customer is responsible for the correct use of the website and the sales platform in particular. He accepts sole responsibility for the consequences of user errors.

Conclusion of contract, advance payments, e-mail communication
The booking platform is primarily for use in Europe (Switzerland and countries in the European Economic Area). Access to the platform outside these regions is not guaranteed by JBM. The offers published by JBM do not constitute the offer of a contract.

If the customer orders the shopping cart on the JBM platform, this constitutes a request for closure of the contracts on the basis of the individual items in the shopping cart. The customer’s order is binding for 24 hours. During this time limit, JBM is to provide a reply to the e-mail address supplied by the customer. During this period, JBM verifies, if possible immediately, the availability of the advance payment (credit card coverage) and the definite availability of the positions ordered.

JBM advises the customer through a notification on the website (success page), if the order process cannot be completed as requested and terminates the entire transaction (non-acceptance). Rejection of the request always applies to the entire shopping cart even if only individual positions ordered are the reason for rejection. If payment and services are available, JBM concludes, step by step and within the scope of its agency mandate, the individual contracts between the service providers / suppliers and the customer. In doing so, JBM notifies the customer by way of an announcement on the website (success page) and an e-mail (acceptance of all shopping cart positions) followed by the definite debit of the advance payment.

JBM’s reply to the customer’s request is considered concluded as soon as the corresponding data has been transferred to the Internet from the JBM system. The time of receipt of the e-mail by the customer and the display of the success page by the customer’s client is irrelevant. The customer is obliged if necessary to enquire at JBM of the whereabouts of the reply, although the current status of the order can be called up on his user account.

If a customer from a country for which a payment process is not listed orders a shopping cart from JBM, JBM is not in a position to accept the order even if the customer can bring the automatic platform to react as described above. A contract is valid – if at all valid – when the items have been delivered or use of services at the location has been effectively concluded.

The transmission of e-mail messages via the public network is asymmetric and failure prone; the messages are unprotected and can be intercepted and altered by third parties. In addition to the contents, the sender and recipient of the e-mail can be identified by third parties. This also applies to e-mails used for communicating with JBM. JBM is authorised by the customer to send him e-mails. JBM accepts no liability whatsoever for damages caused by faulty, impaired or intercepted and scrutinized transfers of e-mails. These conditions similarly apply to other unprotected forms of communication, which are comparable in functionality and risk potential that are presently being used or may be used in the future.

Messages sent to addresses (namely e-mail addresses) provided by the customer or that have been previously used successfully in correspondence with JBM are considered to have been delivered correctly. In the case of e-mails, the valid time of delivery is the time of despatch by JBM; for postal transactions, it is assumed that correspondence sent by priority post has been delivered, also abroad, by the latest four days after deposit at a Swiss Post Office unless evidence to the contrary is provided.

Price, terms of payment
The price to be paid by the customer results from the total price of the shopping cart contents shown in Swiss francs (CHF). This includes, unless expressly otherwise stated, all surcharges, taxes and charges. All prices include Swiss value added tax (VAT). The total price is dependent upon the individual composition of the travel arrangement and thus can vary from the guide price (“from CHF…” and price information in foreign currency). Prices in Euros are in all cases non-binding comparisons (see the GTC). Prices may be subject to ongoing changes. The customer must ensure that the shopping cart displayed is still up to date. After submission of the order, the customer will be shown a summary of his request. The prices contained therein will be accepted unchanged by the system for 30 minutes; subsequently the customer must re-start the shopping cart transaction for his own protection.

Contracts in accordance with the individual shopping basket positions will in principle only be completed after an automatic advance payment has been made in accordance with the configuration of the online platform. JBM will not accept a customer’s request until confirmation of coverage has been received. The customer and JBM each bear the respective charges applicable to them as a result of the payment process.

Delivery of vouchers
The order confirmation is valid as a receipt for contract completion, but cannot be used as authorisation for the right to draw upon the services (vouchers). A link on the order confirmation refers in the customer’s user account to where, depending on the system, he can download the necessary documents.

Authorisation to use services is never physically issued. The intended use of vouchers is for the customer to print at home. In addition to the possibility of printing out the voucher and using it on site in the relevant ski domain, the ski pass can also be delivered directly to the ordering address. Copying, modifying, or reproducing the authorisation to use services is prohibited.

The customer shall always bear the responsibility for the protection of authorisation to use services (voucher) from theft or unauthorized duplication. He must be aware that non-personal services will be awarded to the one who first shows the valid document. The subsequent proof that the person showing the document is not identical to the buyer/customer is not relevant for JBM or those providing services on behalf of JBM.

The documents printed out by the customer as authorisation to procure must be presented in a dry, clean, undamaged, uncrumpled and legible state. They may have a barcode which can be verified electronically for inspection purposes. The documents must not be folded in the barcode area.

Framework conditions
JBM has no influence on building measures, sources of emissions etc. in the vicinity of the described place of stay and can accordingly provide no guarantee of such. As a rule JBM also has no influence on the origin of any other tourists present, on the general standard of service and quality of food in the local restaurants, on the organization and carrying out of events announced at the place of destination (unless organized by JBM) or on individual sporting options (unless specifically part of the offer).

Cancellations
Services acquired by ordering via the shopping cart cannot be cancelled or retracted.

Special provisions
Liability
Subject to other statutory regulations, the following shall apply if by way of exception the right or possibility of cancellation, withdrawal or return of goods is claimed, or it is not possible to fulfil the services: payments made by the customer will be reimbursed. Any further claims by the customer, especially with regard to compensation claims for consequential damages and loss of profit are excluded.

Complaints
If the customer has occasion to register complaints during the stay in one of the Top4 ski domains, he must notify such complaints without delay to JBM or to the service provider. In addition, the customer must take all reasonable steps to remedy the disruption and to limit any possible damage. A customer’s guarantee claim expires in all cases after one year from the agreed end of the package tour or the time a service was provided. Guarantee claims are not transferable.

Applicable law and place of jurisdiction
The contractual relationship between the Jungfraubahnen Management AG and its contracting entities, including the question of its realization and the validity of the contract is subject exclusively to Swiss law. The head office of the respective service provider or Jungfraubahnen Management AG is decisive in determining the place of jurisdiction. Application of the “Vienna Sales Convention” (United Nations Convention on Contracts for the International Sale of Goods, CISG) is expressly excluded.

Version: November 2021