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

The General Terms and Conditions (GTC) apply to all services and products of Toggenburg Bergbahnen AG (TBB).

1.1 Contract

The contract with TBB comes into effect with the unconditional acceptance, i.e. with the purchase of one or more company-owned services. From this point in time, the rights and obligations arising from the contract, including these GTC, become effective.

1.2 Duty of identification

The customer must identify himself at the request of TBB staff.

1.3 Services

The services result from the service description in the mountain railway/snowport info and/or the electronic media as well as further written offers. Special rates, special requests or additional agreements are only part of the contract if they have been confirmed in writing by TBB in a legally binding manner.

 1.4 Exclusion from transport

Persons may be excluded from transport if they:

• are drunk or under the influence of narcotics
• behave in an improper manner
• do not comply with the regulations for use and behaviour or the staff's instructions based on these

If the weather conditions are unsuitable for the practice of the sport, in particular if there is a risk of avalanches or falling, persons may be excluded from transport for the practice of the sport.

Furthermore, persons may be excluded from transport for the practice of a sport if they endanger third parties immediately prior to the intended transport and there is reason to believe that they will continue to endanger third parties. A danger to third parties is deemed to exist if the person in question has in particular:

• has behaved in a reckless manner
•  has driven on an avalanche-prone slope
• has disregarded instruction and prohibition signs which serve to ensure safety or the protection of wildlife rest areas
• has disobeyed the safety instructions of the supervisory and rescue services

The transport of sports and leisure equipment such as snow bikes, snow scooters etc. may be excluded, in particular for technical reasons, safety-related aspects or in order to comply with higher-level regulations.

1.5 Safety

For safety reasons, no persons with children will be transported piggyback, in backpacks or on shoulders on the ski lifts and chair lifts. For safety reasons, children under 6 years of age or smaller than 125 cm may only use the chairlifts when accompanied by an adult.

Only marked slopes are controlled. Leaving the marked and secured pistes is at one's own risk and leads to the exclusion of the liability of TBB according to point 5 ff. The last piste check by the SOS and piste service is carried out daily during the official opening hours on the marked pistes outside the residential areas.

It is forbidden to enter the pistes outside the official opening hours, as piste preparation work must always be expected.

2.1 Validity

All tickets and season tickets are personal and non-transferable. They are only valid during the published regular operating hours and for the booked period.

2.2 Loss or theft

In the event of loss or theft of a season ticket valid for at least 2 days, a replacement ticket will be issued on presentation of the purchase receipt and official identification. A processing fee of CHF 10 will be charged for the issue of the replacement card.

2.3 Misuse or forgery

Misused or forged tickets and season tickets will be confiscated. The passing on or resale of tickets that have already been used is prohibited.  Tickets and season tickets that are in use but not suitable for use may be confiscated. The user shall pay a handling fee of CHF 150. The right to take civil or criminal action is reserved.

2.4 Exchanges and refunds in principle

Tickets and subscriptions cannot be subsequently exchanged for other tickets or subscriptions.

Generally, no refunds can be made for tickets (except for online insured ski and sledging tickets (Best Time Tickets), see section 2.4.1). If operations are suspended in whole or in part due to bad weather, technical faults, power cuts, reasons of safety or force majeure (e.g. avalanche danger) or similar, the customer is not entitled to a refund. Non-use of the (transport) facilities does not entitle the customer to exchange, change, transfer, refund in whole or in part, nor to take back purchased tickets/ski passes.For multi-day tickets purchased at the resort, there is an entitlement to a partial refund in the form of a value voucher in the event of accident/illness/death of the ticket holder, if the ticket is handed in at one of the mountain railway ticket offices immediately after the occurrence of the event with a medical certificate/letter. No cash payments will be made.

If a winter or annual travel pass (season ticket) can no longer be used as a result of accident, illness or death of the holder, a refund may be granted in the form of a value voucher, on condition that the season ticket is returned to one of the mountain railway ticket offices together with a medical certificate immediately after the occurrence of the event. The detailed calculation of the refund is listed in the Tariff Manual.

2.4.1 Special regulations for ski and sledging tickets insured online

In the case of ski and sledging tickets that were insured online at the time of purchase, the insured person is entitled to a partial refund in the following cases:

• in the event of accident/illness/death of the insured ticket holder
• complete shutdown of the facilities or closure of all pistes for an entire day (force majeure, closure ordered by the authorities, etc.).

Without insurance, the Ticket Holder is not entitled to get any refund.

If one of the aforementioned cases occurs, the ticket must be returned to one of the mountain railway ticket offices immediately after the occurrence of the event. In the event of accident/illness/death, a medical certificate must be enclosed in order to claim a refund.

The amount for the unused days (accident counts as a used day) will be refunded to the original payment method used in the online shop.

If a child (under 16 years of age) falls ill, the child's ticket and the ticket of an accompanying person will be refunded, provided that both tickets were insured.

2.4.2 Special regulation for closure ordered by the authorities

Tickets
No refund will be made for uninsured tickets that cannot be used due to the mandatory closure of all TBB transport facilities by the authorities. Tickets insured with TBB will be refunded to the previously used means of payment in the event of an officially ordered closure of all facilities and pistes.

Season and annual tickets
If an annual pass cannot be used for more than 2 weeks due to a mandatory official closure of all TBB transport facilities, the purchase price paid for the annual pass will be partially refunded in the form of a voucher. This voucher can be redeemed for a later purchase of a ticket, a new Annual Pass or other TBB services. Cash payment is excluded. Refund claims must be made no later than 30 days after the expiry of the validity of the ticket.

No refunds will be made on season tickets.

2.5 Data carrier

The customer may be required to purchase a reusable electronic data carrier for contactless access to the facilities and slopes.

2.6 Event tickets

Any trade in purchased event tickets, namely for commercial or industrial purposes, is prohibited. Violations may result in the loss of the benefit associated with the purchased tickets and in claims for damages as well as claims for winnings against the original ticket purchaser and the ticket purchasers. Persons who violate these provisions may be excluded from purchasing tickets.

If TBB decides to postpone an event or change a venue, the ticket is valid for the postponed date or the new venue, regardless of the reasons for the postponement. It is at the discretion of TBB to decide whether tickets can be returned, refunded or exchanged. The customer has no legal claim in this regard.

By purchasing the ticket, the ticket purchaser acknowledges the safety, access, age and other implementation regulations of TBB and acknowledges that he/she may be excluded from the event without compensation in the event of non-compliance with these regulations. The applicable regulations are available from the respective organiser.

3.1 Prices

All prices are in Swiss francs (CHF) and include VAT. The current applicable price regulations and the scope of validity of tickets and season tickets are published in the Tariff Manual and on www.chaeserrugg.ch/de/informieren/infos-kontakt/agb. In the event of different tariff information in the individual brochures and electronic media, the provisions in the Tariff Manual apply.

3.2 Payments

Payment is to be made immediately upon conclusion of the contract. Ticket purchases on credit or invoice are not permitted. Exceptions to this rule must be agreed in advance and are only valid if confirmed in writing by TBB. For other services and products, the customer undertakes to pay the invoiced amount within the payment deadline. TBB is entitled to reschedule invoicing in the case of insignificant invoice amounts. Objections to the invoice must be made in writing and substantiated within 10 days. If the customer fails to meet his payment obligation within the payment period, he shall be in default upon expiry of this period without further reminder and shall pay default interest of 5 %. If payment is not made even after a second reminder, TBB is entitled to discontinue all services to the customer without further notice. TBB reserves the right to demand advance payment for services in whole or in part. Agreements to the contrary between the customer and TBB remain reserved.

3.3 Changes in prices and services

TBB expressly reserves the right to change service descriptions and prices on the Internet as well as in brochures and price lists until the contract is concluded.

3.4 Currencies

Prices are always quoted in Swiss francs. Euro conversion shall be carried out according to the current conversion rate in the customer's own cash system. Refunds shall always be made in Swiss francs.

3.5 Vouchers

TBB vouchers can be redeemed in TBB establishments and in the TBB online shop. TBB service vouchers can also be redeemed for other offers/services in the same way as value vouchers.

Expired vouchers will only be extended if they can be proven to have been purchased. Vouchers issued free of charge (sponsoring, PR purposes, shareholder tickets, etc.) will not be extended. Vouchers will not be paid out in cash.

If a ticket purchaser suffers an accident in the TBB snow sports area, the TBB rescue service can be called upon. The use of the ambulance service will be charged. Additional costs for ambulance transport will be invoiced separately. Other third-party costs (e.g. Rega) are to be paid directly by the customer. It is the client's responsibility to assert any claims for reimbursement against their insurance company.

Any complaints by Ticket Purchasers concerning the provision of services by TBB must be addressed to TBB without delay. Failure to notify TBB immediately will result in the Ticket Purchaser losing any claims against TBB. TBB is liable for personal injury and property damage caused by it or its staff in accordance with the following provisions: The relevant provisions of the Swiss Code of Obligations shall apply on a subsidiary basis. To the extent permitted by law, liability is limited to gross negligence and wilful misconduct.

Liability on the part of TBB for damage to property and personal injury is excluded in particular in the event of accidents as a result of:

• Failure to follow instructions, i.e. disregarding markings and signs, leaving the secured and controlled pistes.
•  disregard of instructions and warnings of the railway personnel or the piste and rescue services
• disregarding warnings about avalanche hazards
•  negligent or intentional behaviour on installations and ski slopes
•  practising risky sports such as freeriding, downhill biking, paragliding, base jumping, etc.
•  inadequate preparation of the slopes

In all other respects, the liability of TBB is essentially based on the guidelines for the obligation to ensure safety on snow sports slopes in the current or valid version. TBB is only liable for intentional or grossly negligent contractual or non-contractual damage. The burden of proof of fault lies with the customer. There is no liability for accidents outside the secured and marked ski slopes. Furthermore, any liability for accidents on hiking and sledging trails, in icy or rocky terrain as well as in the station and catering areas is excluded. TBB is liable for personal injury or damage to property resulting from non-fulfilment or improper fulfilment of the contract within the scope of these GTC. Any liability for theft in the ski area or for damage to property by third parties is excluded.

TBB undertakes to comply with the applicable data protection legislation in the handling and processing of all customer data and customer usage data. By purchasing a ticket and/or opening a customer profile or subscribing to a TBB newsletter, the customer actively consents to TBB storing the personal, sales and usage data and using it for statistical and advertising purposes. Upon request, the customer has the right to view the data stored on his or her profile, to have it corrected and - insofar as this is not required by law or in accordance with the above provisions - to have it deleted.

Further information on this can be found here.

6.1 Photo and video recordings

Please note that photographs and video recordings may be made for the purposes of operational security and access control.

6.2 Use of W-LAN

A public wireless internet network (W-LAN) is available in various catering establishments. The network provided may not be used for illegal, criminal and/or immoral content and actions and the safe use of the network is the responsibility of the user. TBB accepts no liability for the consequences.

7. 1 Reservation

The contract is not valid until it has been confirmed in writing by the "orderer". If the offer is not confirmed in writing within 10 days, TBB reserves the right to dispose of the reserved dates.

7.2 Number of persons

The client must inform TBB of the definitive number of persons at the latest 48 hours before the event. Persons cancelled after this time will be invoiced at 100 %. If the definitive number of persons deviates by more than 20 % from the originally confirmed number of persons, TBB reserves the right to invoice the difference.

A higher number of persons may result in TBB's capacities being insufficient. Therefore, until the higher number of persons is confirmed, TBB is only bound to the last number of persons confirmed by TBB.

7.3 Cancellation conditions for events

Any complete cancellation of the event must be communicated by the customer as soon as possible. If the entire event is cancelled at short notice, the customer shall be charged the following amounts of the agreed service:

30 - 15 days before the event: 50 % of the agreed services

14 - 3 days before the event: 75 % of the agreed services

less than 3 days before the event: 100 % of the agreed services.

7.3.1 Special regulation pandemic

If an event cannot be held due to a compulsory closure of the catering facilities ordered by the authorities, the customer shall not incur any cancellation costs. If the customer decides to cancel an event due to a pandemic, the cancellation conditions listed in Clause 7.3 shall apply.

7.4 Changes to the contract

Changes to the contract on the part of the client will only be accepted after consultation and in written form.

7.5 Deposits

TBB reserves the right to charge up to 50% of the booked services after conclusion of the contract.

7.6 Furnishings and seating

The rooms are furnished according to the client's wishes as specified in the contract. TBB may be notified in writing of changes to the furnishings up to 48 hours before the start of the event. The customer will be charged a flat rate of CHF 100 for any changes requested later.

7.7 Damage to furniture

No adhesive strips or other adhesive materials may be used in any of the buildings, especially on the walls. The customer shall be liable for wear and tear damage resulting from improper use of the premises.

7.8 Extension of the event

If the agreed closing time of the event is exceeded, the client is requested to contact the responsible TBB staff in good time. An extension is only possible in consultation with and with the express consent of TBB. An extension is associated with corresponding additional costs.

7.9 Fireworks

Fireworks are strictly prohibited on the Chäserrugg in consideration of the wildlife. Other types of rising fire etc. are also not permitted on the Chäserrugg.

7.10 Additional extra rides

Staff for extra rides are called out on the basis of the contract. For this reason, TBB can only guarantee that the agreed trips will be carried out. Additional journeys can only be made after prior consultation with the staff and after approval by TBB. The corresponding additional costs shall be borne by the customer.

7.11 Cancellation by TBB

TBB is entitled to withdraw from the contract extraordinarily for objectively justified reasons by means of a unilateral (written) declaration. Objectively justified reasons include, for example:

• force majeure or other circumstances beyond the control of TBB which make it impossible to fulfil the contract
• events booked under misleading or false information of facts essential to the contract, e.g. in the person of the guest or the purpose of use or stay
• TBB has reasonable grounds to believe that the use of the agreed services may impair the smooth operation of the business, the safety of other guests or the reputation of TBB or that the purpose of the event is unlawful.

The contract between the customer and TBB is governed exclusively by Swiss law. The place of jurisdiction is Wildhaus-Alt St. Johann, unless mandatory statutory provisions stipulate a different place of jurisdiction.