GTC

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.

General Terms and Conditions Top4
General

  1. By buying a Top4 season sports pass the customer accepts the following conditions of use and takes note of the following service description.
  2. Sports passes are personal and non-transferable.
  3. Sports passes entitle an unrestricted usage of the transport companies as well as the snow sports slopes in the respective ski region: Jungfrau Ski Region including Berner Oberland-Bahnen, Grindelwald ski bus network, Lauterbrunnen local bus services, Libero Tariff Assoc. zones 750, 820, 821 and 822 and valid for school trips and commuting for work within this area of validity. Gstaad, represented by Tarifverbund Gstaad GmbH (offer excludes Glacier 3000, excludes Télé Château d’Oex Sa); Public Transport: Ski passes are valid for the public transport from 14 December 2019 until 5 April 2020 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. Excluded from the public transport are single and round trip tickets and day tickets sledding winter prospect 2019/20. Adelboden-Lenk Ski Region including the Gilbach bus service to Geils. Excludes public transport and local buses. Not valid for school trips or commuting for work within this area of validity. Bergbahnen Meiringen- Hasliberg including the Meiringen ski bus, Brienz-Brünig-Hasliberg Reuti postbus, Guttannen-Innertkirchen and Gadmen-Innertkirchen postbus, Meiringen-Innert- kirchen-Bahn (MIB) Innertkirchen-Meiringen, Geissholz-Meiringen-Unterbach postbus route. Not valid for school trips or commuting for work on all bus, postbus and MIB services.
  4. Sport passes are not valid for special and evening travel. The sports pass is only valid for additional regional offers if this is explicitly stated or if a special offer is created for this.
  5. The season sports pass is valid from 1 December to 30 April. The season sports pass is also valid in November on days with ski operations for the respective lifts in the corresponding ski region. The daily operating hours are published on site at the respective transport facility.
  6. Sports passes include special services for snow sportspersons on slopes expressly declared as open and correspondingly marked slopes and recreational-use lifts (chairlifts, ski lifts, etc.). Depending on the snow conditions and weather, the opening times of the slopes and lifts are determined definitively for sports pass holders by the operating companies. If sports passes are used outside the operating hours of the lifts, their validity is limited to the transport of passengers on timetabled means of transport. The use of closed snow sports slopes is prohibited; non- observance is grossly negligent since there is no guarantee of route marking, safety and rescue as well as an increased risk of accident or even death on such slopes.
  7. Sports passes must be presented unprompted when using the services of transport companies without electronic card readers. In the case of an online purchase, visitors must legitimate themselves by a presenting a printed confirmation of purchase. An identity card must always be carried in addition to the confirmation of purchase.
  8. A personal photograph is required for the issue of season sports passes. All electronically recorded personal data is stored in a database. When passing through reader devices, the photo of the pass holder will appear on an internal computer.

Safety on the slopes

  1. The FIS rules of conduct and SKUS guidelines must be observed.
  2. The instructions of the ski patrol and rescue services must be observed.
  3. Slopes and pistes are closed and barred from entry outside lift and cableway operating times and after the final slope check.
  4. In the event of reckless behaviour (especially the disregard of the FIS and SKUS rules, non-observance of signals, instructions and barriers, when going through forest and wildlife protection zones as well as slopes at risk of avalanches) the sports pass may be withdrawn.
  5. If a customer has an accident in one of the ski regions and this requires the rescue services of the ski lift companies to be called out, the customer will be charged a maximum of CHF 260.– plus material costs for a standard rescue on the ski slope. The costs for third parties (helicopter transfers, doctor, Alpine rescue, etc.) are to be paid directly by the customer. It is the responsibility of the customer to lodge any reimbursement claims against an accident insurance policy. An 1insurance policy to cover this risk can be taken out when a Top4 sports pass is purchased.

Exchanges / Refunds

  1. An exchange or a refund of the sports pass is generally not possible.
  2. If the participating companies are temporarily unable to fulfil their obligations under the transport contract as a result of circumstances which they cannot prevent, the purchaser of the Top4 pass is not entitled to assert any claims against such companies (the service rendered). In particular, there is no entitlement to any reimbursement in the event of technical interruptions to operations or if ski areas or parts of ski areas are closed due to weather conditions, lack of snow, danger of avalanches, an early snowmelt on ski slopes, etc. Special events may entail the closure of certain parts of the ski arena and the construction of a spectator sector. The sports pass does not grant access to such events.
  3. The communicated operating times of the winter sports lifts are for information purposes only. Their compliance with these times requires appropriate snow and slope conditions.
  4. Accident or illness constitute no grounds for a refund of tickets. 1An insurance policy to cover this risk can be taken out when a Top4 sports pass is purchased. The option of taking out such insurance becomes precluded after the pass has been used for the first time. A new copy of the Top4 season pass will be created if the latter has been lost of forgotten. A proof of purchase will be required for this. Failing this, the buyer is obliged to prove in another way that he/she was the holder of the pass.

An administration fee of CHF 20.– will become payable.

Checks / Misuse / Forgery / Customer data

  1. Anyone who does not show a valid sports pass during a check must purchase a day ticket at the normal tariff and will be treated as a passenger without a valid ticket as per tariff 600.5. If the visitor was in possession of a valid pass at the relevant time, a refund for the amount of the day ticket can be requested within seven days upon presentation of the pass. An administration fee of CHF 20.– will also become payable.
  2. Any actions by a visitor that are intended to enrich the visitor or another person unlawfully, and/or damage the transport companies’ property or other rights are considered to be abuse.
  3. A forgery occurs when a sports pass or a receipt has been created, modified, duplicated, added to or otherwise manipulated without authorisation or contains erasures.
  4. Misused, forged and blocked sports passes will be confiscated. A standard one-day sports pass will need to be purchased. In the event of misuse, an additional surcharge of CHF 100.– will become payable. Where a forgery has taken place, this surcharge will be CHF 200.–. The passenger tariff 600.5 will apply to train journeys.
  5. Anyone who does not pay the aforementioned amounts immediately must furnish a security. Failing this, the visitor can be expelled from the ski region. If a security is provided, payment must be made within three days. If this does not happen, the case will be forwarded to the office and further fees may be charged.
  6. An unfinished attempt of misuse will carry the same consequences.
  7. We reserve the right to prosecute under civil and criminal law.

Data protection and customer data

  1. The participating companies undertake to comply with all applicable data protection legislation when handling and processing all customer data and customer usage data. Customer data will only be used to maintain and improve customer relations, quality and service standards, to maximise operational safety, or in support of sales promotion, product design, crime prevention, collecting commercial key data and statistics as well as for invoicing. The customer hereby acknowledges and agrees that, in the cases of a joint provision of services in partnership with third parties, the companies participating in the Top4 pass are entitled to make customer data accessible to the third party concerned where this is necessary for the purposes of providing such services. Beyond this, the disclosure of customer data to third parties is only permitted with the express consent of the customer. The only exception to this is if the participating companies are obliged by law to disclose personal data to third parties. Personal data without statutory or business process-related retention periods will be archived on 1 May, 1080 days/3 years after the last purchase, or last season of use. Where, in particular cases, an interest worthy of protection exists, namely in connection with accidents or criminal acts, such data may remain stored until such time of its conclusion. If you have any questions or suggestions regarding data protection, kindly contact our company data protection officer. Either by post, at: Jungfrau Ski Region, Data Protection, Harderstrasse 14, 3800 Interlaken or by email to [email protected]. We have a data protection representative in the EU as a contact point for supervisory authorities and affected individuals in accordance with Art. 27 of the DSGVO: By post: Stefan Fischerkeller – German Data Protection Office, Dr.-Klein-Str. 29, DE-8069 Tettnang, or by email to [email protected].

Applicable law and court of jurisdiction

  1. Several providers form a joint pass 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, die Skilift Rohrbrücke Brüchli AG and the 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. Bergbahnen Meiringen-Hasliberg AG. These GTCs have been written by the Top4 tariff association and apply to all member companies for the Top4 product. All companies are independently responsible for the operation of lifts and slopes. The transportation contract is concluded directly between the customer and the respective operator of the lift. The latter is responsible for the proper provision of the respective services. The operator is also responsible for undertaking the necessary technical maintenance on lifts and ensuring public safety on the slopes (piste and avalanche service). Any issues of liability, especially also in connection with skiing accidents, will be dealt with by the respective company in whose territory or on whose lift the incident occurred.
  2. Swiss law exclusively is applicable to the contractual relationships between the Top4 tariff association and its customers, including disputes relating to the conclusion and the validity of the contract.
  3. The head office of the respective sales outlet shall be definitive for determining the place of jurisdiction. For purchases made via the internet, the head office of the Top4 tariff association in Interlaken, Switzerland is regarded as the point of sale.
  4. The application of the «Vienna Convention» (CISG) is expressly excluded.

1The insurance taken out by the Top4 owner is with the ski pass insurer Solid AB, Route de la Fonderie 2, 1705 Freiburg (www.skicare.ch). When taking out an insurance policy, the provisions of Solid AB shall apply. Top4 is a reseller. Post-purchase insurance contract conclusions or policyholder withdrawals are not possible via Top4. Claims against Solid AB must be lodged directly with Solid AB by the Top4 Pass owner and cannot be dealt with by Top4.


Version: October 2020