Allgemeine Geschäftsbedingungen der Jungfrau Region Tourismus AG
Hier finden Sie die allgemeinen Geschäftsbedigungen (AGB) der Jungfrau Region Tourismus AG.
A. The intermediary JRT
A.1. JRT is an intermediary for tourist-related services
JRT offers providers of tourist-related services in the Bernese Oberland a booking platform on which to sell their services (third-party services). The customer concludes contracts directly with his chosen service providers under the contractual terms set out by the individual service providers (see Section D). JRT is not party to these contracts and is thus not liable for their proper fulfilment. JRT is commissioned by the associated service providers to handle bookings and collect payment for booked services on their behalf (collection mandate).
A.2.Holiday packages assembled by the customer
Using the services available on the booking platform, such as hotels, mountain railway/cableway passes, excursions, equipment, etc., the customer can create a complete, fully customised holiday package. The customer is responsible for selecting, assembling and coordinating the individual items (in terms of timing, location, etc.). JRT is not obliged to check whether the items in the shopping basket have been correctly selected, assembled and coordinated.
If the customer books several different services at the same time, he must conclude a separate contract with the selected service provider for each item in the shopping basket. Each contract is independent of any other booked services.
A.3. Services provided by JRT
In exceptional cases, JRT will offer packages in its own name. These are clearly identified as such and are subject to the provisions in Sections C. and D.
B. General provisions
In accordance with the GTU, JRT does not guarantee the reliability or the unlimited availability of the website, and thus cannot be held liable for any consequences resulting from interruptions in the booking process, or for message transmission failures or system failures.
B.2. Geographic area of validity
The booking platform is designed for use within Europe (Switzerland and the EEA). Access to the platform from countries outside of this region is not guaranteed by JRT.
B.3. Country-specific restrictions
Users residing in a country that is not listed on the booking platform cannot open an account or book services via the platform. If the user provides a false country of residence during the checkout process in order to make a booking, no contract will be concluded.
B.4. Published services
Services published on the platform do not constitute binding offers on the part of JRT or the individual service providers. The service providers are responsible for creating their own service descriptions, etc. JRT and the individual service providers reserve the right to amend published services and prices at any time, and to discontinue services in whole or in part. The information and prices listed in the shopping basket before the final booking is made are decisive for the conclusion of the contract.
General information on locations, weather conditions, shop opening times, restaurants and public facilities, swimming pools, sports facilities, events calendar, events, etc., can be found on the platform websites. These details are for general information purposes only. They do not constitute a guarantee on the part of the service providers or JRT, and do not form part of the contract. Services such as these are offered by external companies (third-party services), for which JRT and the booked service providers cannot vouch.
B.5. User account for bookings via the JRT websites
In order to book services via the booking platform, the customer must open a user account.
The customer is obliged to provide truthful information. The customer must be at least 18 years old unless the age of majority is higher in his country of residence, in which case the customer may only open an account and book services upon reaching this age.
The customer account must not be opened under a false name or pseudonym. The customer must enter his permanent home address, including the correct country of residence.
When opening a user account for jungfrauregion.ch (and all associated sites), all data required for processing shopping basket transactions such as the user name, password, first and last names, addresses, ski pass number, gender, level of ability, travel dates, etc., are saved. Booking confirmations, invoices, messages regarding booked services (e.g. print@home tickets), etc., are sent to the email address provided in the user account. At least one regular newsletter is also sent out as standard. Newsletters can be deactivated in the user account.
The customer is responsible for ensuring that all details provided are accurate and up to date. The customer must request the necessary permission before entering details of third parties. It is in the customer's own interest not to disclose his password. If the customer suspects that his account has been accessed without authorisation, he must contact JRT immediately. Credit card details are not processed in the JRT systems. These details are handled exclusively by a specialist service provider at the checkout.
All bookings, etc., processed via the customer account are charged to the account holder.
JRT fulfils its obligations by sending emails, confirmations, invoices, etc., to the addresses provided in the user account.
A user account can be deleted within the account itself. However, this is not possible if valid (non-expired) purchase authorisations are still listed in the user account. In this case, an error message will appear. Once deleted, a user account can no longer be accessed or reactivated, and all services associated with the user account such as newsletters, ad-hoc messages, etc., will cease. The user account will be saved internally until the statutory retention period expires, and can be accessed by administrators in the meantime. The account will then be permanently deleted.
B.6. Jungfrau Winnercard
The additional Jungfrau Winnercard services can be selected in the user account. If this is implemented, participation in the Skiline system is thereby agreed (Terms and Conditions and System Description). Additional personal data (particularly information from control systems in the ski lift system) and video recordings that were recorded on special racetracks or in fun parks are stored and processed electronically. JBM uses the Skiline Media AG, Seedammstrasse 3, 8808 Pfäffikon, Switzerland for these services. JBM provides data from the user account to this company, so that an additional account is created on the Skiline Internet portal (skiline.cc). The Jungfrau Winnercard service is a result of the functions configured for the Jungfrau Ski Region by Skiline. This service is personalised, controlled and accessed via jungfrau.ch (by entering the sportpass number, for example). The degree to which information is public (private or public profile, posts, user name, ski movies) is determined in the user profile. With the activation of the Jungfrau Winnercard service, competitions, the awarding of prizes or honours will be connected. No correspondence will be conducted regarding such contests; a personal claim to any service does not exist. Recourse to the courts is excluded. The following groups are excluded from participation in the competition:
• JE3 members, JSR pensioner members
• JE2 employees and JSR pensioners
• JS5 JSR ski instructors
• JS3 JO Skiclub co-leaders
• JS2 Ski instructors with JSR certificate
• JE0 free season pass
The Skiline account is not deleted with the deactivation of Jungfrau WinnerCard or the deletion of the user account on jungfrau.ch. It can be used for a different ski area, for example. Participation in Skiline may be terminated at any time via corresponding input on the internet at www.skiline.cc or via email to email@example.com.
B.7. Contract conclusion
B.7.1. Booking via the JRT websites
By placing products and services in his shopping basket and clicking on "Book now", the customer submits a binding request to the selected service providers to conclude the respective contracts for the individual items in his shopping basket. If the customer places a number of different services in his shopping basket, he must conclude a contract with each individual service provider selected. These contracts are all independent of each other.
The customer will be shown a summary of his selected services before the booking is confirmed. The prices listed in this summary will be guaranteed by the system for 30 minutes. If the customer wishes to complete his booking once the 30 minutes have elapsed, these prices will no longer be valid. The customer will be notified of this and must restart the order process for his own security.
The customer's order is binding for 48 hours. During this period, JRT will check the definite availability of the items ordered on behalf of the service providers and, provided the services are available, charge the respective price using the customer's selected payment method on behalf of the service providers. During this time, JRT will notify the customer of the contract conclusion on behalf of the service providers. JRT will do so by displaying a notification on the website (success page) and sending confirmation of the contract conclusion by email.
If the selected services or individual services are unavailable, or the price cannot be charged using the specified method of payment, the customer will receive a message to this effect within this period. If any one of the booked services is unavailable, the entire transaction will be cancelled. In this case, the customer must re-book the available services.
B.7.2. Booking via the JRT booking centre
Services can also be booked via the JRT booking centre. On request, the booking centre will create a non-binding travel proposal. This is sent to the customer via email, fax or post, at the customer's request. The availability of the proposed services is not guaranteed. The customer is then free to accept the proposal by email, fax or post. By entrusting JRT with the booking, the customer submits a binding order to JRT and the selected service providers. The customer's order is binding for as long as is required for the normal course of events (in particular, in accordance with the selected method of communication), until he has received notification that his booking has been accepted. JRT is free to accept the booking. If JRT rejects the conclusion of a contract, it must notify the customer as soon as possible.
The contract is deemed concluded once the booking has been accepted.
Once the booking has been made, JRT will send the booking confirmation, invoice and payment details to the customer via the customer's preferred method of communication (email, fax or post).
B.8. Contract terms and environmental & framework conditions
The contract terms are derived from the services placed in the shopping basket by the customer, the booking with the booking centre and the booking confirmation together with the associated service descriptions.
General descriptions of locations, infrastructure, (public) events and average weather conditions do not constitute a guarantee and do not form part of the contract (Details in B.4.).
B.9. Booking for multiple participants
If the customer makes a booking on behalf of other participants, only the customer making the booking is deemed to be the contracting party vis-à-vis the service providers and JRT. He is responsible for paying for all booked services, and JRT is entitled to charge/bill all services to the credit/debit card or customer account of the said customer. The customer making the booking is responsible for ensuring that all participants fulfil the necessary obligations.
The price to be paid for an individual selected service may depend on the chosen season, duration of stay or the chosen service attributes (e.g. hotel room category), etc. The final price will appear in the shopping basket. If the customer books several services, the payment obligation applies to the total of all services booked. Prices in Swiss francs are binding. Unless expressly stated otherwise, prices include all fees, surcharges and taxes, including Swiss value-added tax. Prices in euros (EUR) are for information purposes only and are non-binding. All payments must be made in Swiss francs (CHF).
When making bookings via the JRT booking centre, foreign currency payments are possible by express consent.
B.11. Payment terms
B.11.1. Payment terms for online bookings
Services must be paid for when the contract is concluded, based on the individual items in the shopping basket. As soon as JRT has received payment and the services have been confirmed by the service provider, JRT will send the corresponding confirmation to the customer. In the event of non-payment by the customer, the contracts will not be deemed to have been concluded. The customer will be notified immediately. The customer and JRT will bear any charges arising from the payment process themselves.
B.11.2. Payment terms for bookings made via the JRT booking centre (telephone, email, fax, etc.)
The Jungfrau Region Marketing AG will generate an invoice which will serve as a contract and include the following breakdown of costs:
For hotel reservations: A deposit comprising the cost of 3 nights and any cancellation insurance to be paid within 10 days of the booking being made. The remaining balance must be paid 30 days before arrival. In the case of credit card payments, the total amount will be charged at the time of booking.
For holiday apartments and holiday homes: A deposit comprising 40% of the rent and any cancellation insurance to be paid within 10 days of the booking being made. The remaining balance must be paid 30 days before arrival. In the case of credit card payments, the total amount will be charged at the time of booking.
For packages: A deposit comprising 40% of the total price and any cancellation insurance to be paid within 10 days of the booking being made. The remaining balance must be paid 30 days before arrival. In the case of credit card payments, the total amount will be charged at the time of booking.
Other services (events, sports equipment rental, lessons, etc.): The total amount will be due at the time of booking. In the case of credit card payments, the total amount will be charged at the time of booking.
B.11.3. Last-minute bookings
If the booking is made less than 31 days prior to arrival, the full amount will be due for immediate payment upon booking and must be paid at the tourist office of the respective location on arrival, at the latest. Only once payment has been received will the vouchers be handed out and access provided to the booked service.
B.11.4. Revocation of credit card payments, late payments, etc.
If the credit card payment is not honoured or the credit is revoked, this will be deemed to be a cancellation and cancellation costs will be charged in accordance with the terms of the booked services (Section B.15. and D.).
If payments for bookings made via the booking centre are not made on time, the booking centre is entitled to cancel the booking after a short grace period and request the corresponding cancellation costs.
B.12. Delivery of vouchers/e-tickets and rechargeable data carriers for online bookings and email distribution
The order confirmation is proof of the concluded contracts. However, the order confirmation is not the voucher, pass or e-ticket required to use the services. The order confirmation includes a link to the customer's account where – depending on the product – the customer can download the necessary documents (vouchers, passes, e-tickets, etc.) or recharge a data carrier. Further information, such as exact travel dates and personal details for rail tickets or weight details for ski rental, may be required before the passes can be printed.
Vouchers, e-tickets, etc., must be printed off by the customer for their intended use (print@home). This excludes data carriers for ski passes, which are topped up, sent out or handed over, depending on the circumstances (see explanations under Jungfrau – Ski Region). Copying, modifying and/or reproducing purchase authorisations is prohibited and punishable by law.
The customer must protect his vouchers, passes, e-tickets, etc., against theft, misuse, unauthorised duplication, etc. He must be aware that non-personal vouchers, passes, e-tickets, etc., will be awarded to the person who first presents the valid document. Service providers are not obliged to check the identity or eligibility of the document holder. In such cases, no duplicates of the lost documents, etc., will be issued. Neither the affected service providers nor JRT are obliged to make any repayments or offer compensation, etc.
Documents printed out by the customer (vouchers, passes, e-tickets, etc.) must be presented in a dry, unsoiled, undamaged, uncreased and legible condition. They may feature a bar code which can be verified electronically. The documents must not be folded in the bar code area.
B.13. Delivery of vouchers/e-tickets and rechargeable data carriers for bookings made via the JRT booking centre
Vouchers, tickets and other travel documents will be sent to the customer via his preferred method of communication (email, fax or post) upon receipt of payment.
Furthermore, the provisions set out in B.12. also apply to bookings made via the JRT booking centre by analogy.
B.14. No right of cancellation, no right of return
There is no statutory right of cancellation or right of return for tourist-related services, holiday apartments, holiday homes, passes, etc., with an agreed period of validity or agreed dates.
B.15. Cancellations and rebookings
If the customer wishes to cancel or rebook (individual) services, he must notify the JRT help desk. The relevant contact details can be found on the booking confirmation. Cancellations and rebookings cannot be made via the user account.
The cancellation and rebooking conditions for individual services are set out in C.1.3. - C.1.5. and in Section D. for the respective published services. JRT wishes to make the customer aware of the fact that the cancellation and rebooking conditions may vary considerably between the various services. It is also possible that the cancellation fees for certain services may amount to 100% from the time of booking.
The cancellation or rebooking of an individual service will not affect any other concluded contracts. These will remain in full effect.
JRT recommends taking out the cancellation insurance offered during the order process. This will cover cancellation costs in cases of hardship. The insurance benefits are described in detail in the insurance policy. The cancellation insurance premium will be payable in any case. Relevant customer information and the insurance company's General Terms and Conditions can be found under the following link.
B.16. Participation conditions, cooperation obligations of the customer and other participants
Depending on the service booked, participation conditions and/or cooperation obligations may apply. The customer and any other participants undertake to comply with these conditions and follow the instructions of guides, ski instructors, snowboard instructors, mountain guides, etc. The customer and the other participants accept that the guides, ski instructors, mountain guides, etc., may exclude the customer and other participants from an activity if these conditions are not fulfilled or if instructions are not followed. In such cases, the price paid will not be refunded. This may also lead to the loss of all rights to compensation and other rights.
B.17. Communication methods and data transmission
JRT is considered to have fulfilled its duty of notification once the relevant information has been sent by email from the JRT system or made available in the customer's account. From this moment, the risk associated with correct email delivery or displaying the relevant Internet pages on the customer's screen is transferred to the customer. If discrepancies arise during the booking process, no error messages are displayed upon pressing the "Book now" button, or the customer does not receive the confirmation emails, etc., within a reasonable period of time, the customer must contact the JRT help desk immediately.
In the case of email correspondence, the time of delivery is considered to be the time the email is sent by JRT; correspondence sent by priority post will be considered to have been delivered within Switzerland or abroad within four days of the correspondence being handed over at a Swiss post office, unless there is evidence to the contrary.
JRT wishes to make the customer aware of the fact that the transmission of emails via public networks is not protected and that emails may be intercepted, read and altered by third parties. In addition to the content, third parties will also be able to identify the sender and recipient(s) of the email. This also applies to emails used for communication with JRT. JRT is not liable for any damages resulting from the incomplete, defective or intercepted transmission of emails. These conditions also apply to other unprotected methods of communication with a comparable function and level of risk (e.g. text messages), which are used at present or will be used in the future.
The customer must ensure he has appropriate protection against viruses and other malware.
B.18. Data protection
The General Terms and Conditions can be found under the following link.
C. Services of JRT and liability provisions of JRT
C.1. JRT packages
Packages offered by JRT are clearly identified as such on the platform. Packages comprise a pre-assembled combination of several services such as excursions and accommodation, or accommodation and ski passes, for an all-inclusive price. In such cases, JRT is the contracting party. These packages can only be purchased in their entirety and are subject to the aforementioned conditions. The purchase authorisations (vouchers, passes, tickets, etc.) are delivered separately for each individual service component.
C.1.1. Place of departure
The place of departure for a package holiday must be in Switzerland. Any travel (from abroad) to the place of departure specified in the booked travel itinerary is the responsibility of the customer and is not included in the package. Customers from abroad are advised to obtain information on the immigration formalities for visiting Switzerland before making a booking.
C.1.2. Changes to the itinerary and services prior to the start of a package
JRT reserves the right to offer appropriate replacement services or to alter the itinerary accordingly if certain services cannot be provided in the agreed way or the agreed itinerary must be altered due to unforeseeable or unavoidable events, force majeure (e.g. natural disasters, epidemics, unrest), actions of any kind taken by the authorities, or strikes. JRT will notify the customer immediately and inform him of any repercussions on the price.
C.1.3. Cancellation or rebooking of packages by the customer
By booking a package, the customer enters into a contract with JRT. Packages booked via the JRT booking platform can only be cancelled or rebooked via the JRT help desk. If a package is cancelled or rebooked up to 30 days prior to arrival, a cancellation fee of 40% of the booked package price will be due. After this date, the customer will be charged the full amount. If the accommodation can be reassigned for the same period of time and at the same price following a cancellation or rebooking, JRT will refund the customer the full amount, minus an admin fee of CHF 50.
Prices include local charges and taxes. Extras such as the mini bar, room service, parking charges, etc., and services not mentioned in the package description will be invoiced separately by the service provider. The customer is advised to inquire about any available extras and the associated costs.