General terms and conditions (GTC)

Online shop and marketplace «Alpes Vaudoises» with Alpes Vaudoises, société coopérative as intermediary

Version as of 03.10.2021

1 - Area of application

These General Terms and Conditions (GTC) govern the contractual relationship between you as the customer and the intermediary Alpes Vaudoises, société coopérative (hereinafter referred to as «Alpes Vaudoises») for all bookings made on the digital marketplace alpesvaudoises.ch.

Alpes Vaudoises reserves the right to amend these GTC at any time without prior notice. The version at the time of booking (application for conclusion of contract by the customer) shall be authoritative.

Alpes Vaudoises is exclusively the agent of the products and services offered in the online shop. The customer therefore concludes the contracts directly with the service providers selected by him/herself. Regarding the mediation, Alpes Vaudoises is responsible with the following coordinates:

Alpes Vaudoises, société coopérative, Place du Marché 4, CH-1860 Aigle

E-mail: administration@alpesvaudoises.ch

2 - Alpes Vaudoises as intermediary with collection mandate

The client books services on the online booking platform and other offers published on the website. Alpes Vaudoises acts exclusively as an intermediary for each of these positions. The contracts are thus concluded directly between the client and the service providers selected and booked by him. The service providers have given Alpes Vaudoises a collection mandate so that Alpes Vaudoises is entitled to collect the prices for the booked services. The contracting party of the client and thus the responsible party for the performance of the booked service is the respective obligated or booked service provider.

The published services (individual modules, for example, cable car ticket, accommodation services, activities, experiences, ticketing/tickets, tourist products, material rental, events or other leisure activities and public transport tickets) are selected independently by the customer and compiled into a complete shopping basket tailored to his or her needs. The customer is responsible for coordinating the services correctly in terms of location and time. Neither the system nor Alpes Vaudoises carries out a check. Changes after the final booking may result in cancellation and other costs to be borne by the client. The customer can only refer to the mediated contract and the applicable terms and conditions with the direct provider (for example mountain railway company, hotel, etc.). The customer must inform himself/herself about the applicable terms and conditions of the direct provider. Should the customer's attention be drawn here or elsewhere on the online booking platforms to other contractual provisions, this shall serve only for information purposes. Alpes Vaudoises shall not be obligated in any way thereby. Alpes Vaudoises shall not be liable for the correct performance of the individual service or delivery unless it itself acts as supplier or service provider. Furthermore, Alpes Vaudoises shall not be liable for the compilation of the shopping basket and for the coordination of the individual items with each other (in terms of time, location, etc.).

3 - Alpes Vaudoises as intermediary for cable car tickets, accommodation services and individual services (activities, experiences, ticketing / tickets, tourism products, equipment rental, events, or other leisure activities) from other service providers (except public transport tickets).

3.1 - Conclusion of contract

Alpes Vaudoises acts exclusively as an agent for the published services. The client concludes his contract directly with the service provider selected by him.

The service providers have their own General Terms and Conditions (GTC), which are listed in item 7 in the appendix. If these are not listed in point 7 in the appendix, the customer must ask the service provider for them.

3.2 - Cancellation of booked services

Cancellation of individual services of the service providers by the customer is not possible in the web shop. The cancellation conditions of the respective responsible service provider apply. In the event of a cancellation, the customer or the service provider shall contact Alpes Vaudoises 's customer support at booking@alpesvaudoises.ch.

The service providers have their own General Terms and Conditions (GTC), which are listed in item 7 in the Annex. If these are not listed in point 7 in the appendix, the customer must ask the service provider for them.

4 - Alpes Vaudoises as distribution partner of public transport services (PT services)

4.1 - Conclusion of contracts

Alpes Vaudoises acts as a distribution partner and arranges tickets and reservations for public transport services offered by public transport companies for the customer.

4.2 - Registered companies of public transport services as service providers

The service providers vis-à-vis the customer are the registered companies offering public transport services. In connection with the performance of the service, the General Terms and Conditions concerning public transport services apply. If the customer purchases tickets or reservations from public transport companies from the intermediary distribution partner Alpes Vaudoises, he accepts the General Terms and Conditions concerning public transport services, which are shown in the following link:

https://www.sbb.ch/en/travelcards-and-tickets/buying-options/sales-channels/online/general-terms-and-conditions.html

The public transport companies provide their services in accordance with the above General Terms and Conditions and the applicable laws and international agreements under their own responsibility.

Alpes Vaudoises is therefore in no way liable for the correct performance of the services of the public transport companies.

4.3 - Cancellation of booked public transport services

Cancellation of public transport services is subject to the tariff regulations of national public transport according to https://www.allianceswisspass.ch/de/Themen/TarifeVorschriften or https://www.allianceswisspass.ch/fr/tarifs/TarifsPrescriptions or the respective tariff regulations of the associations.

5 - General provisions

5.1 - General terms and conditions

By accessing and using the online booking platform alpesvaudoises.ch and thus also by using it, the customer accepts these General Terms and Conditions (GTC).

Alpes Vaudoises guarantees neither the stability nor the unrestricted availability of the online booking platform. Any liability claims by Alpes Vaudoises for the consequences of interruptions in the booking process or the non-transmission of messages are therefore excluded. Special attention has been paid to the user-friendliness of the user interface. The customer is responsible for the correct operation of the website. The customer is responsible for the consequences of operating errors.

5.2 - Conclusion of contract, advance payment, e-mail correspondence

The online booking platform is primarily intended for the European area (Switzerland, countries of the EEA, United Kingdom).

The services etc. published on alpesvaudoises.ch are binding offers and do not constitute a contractual offer. Both the service providers and Alpes Vaudoises reserve the right to change the advertised services, descriptions, and prices at any time or to remove them from the market. The service descriptions, prices and other conditions posted at the time of booking are authoritative and become part of the contract.

If the customer places services etc. in the shopping basket on the online booking platform and presses the button "Confirm order", this constitutes an application for the conclusion of contracts in accordance with the individual shopping basket items vis-à-vis the service providers in the shopping basket. Once payment has been made (and the credit card payment has been honoured) and services are available, Alpes Vaudoises concludes the individual contracts between service providers or suppliers and the customer within the scope of its mediation or distribution mandate as an authorised representative. This is done by Alpes Vaudoises sending the customer an order confirmation by display on the website (success page) and by e-mail (acceptance of all shopping basket items) and definitively debiting the advance payment.

Acceptance of the contract by Alpes Vaudoises on behalf of the service providers selected by the client shall be deemed to have taken place as soon as the Alpes Vaudoises system transmits the corresponding data to the Internet. At this point in time, the contract or the contracts with the service providers are concluded. The time of receipt of the e-mail by the client or the display of the success page on the client's client is irrelevant. The client shall be obliged to inquire with Alpes Vaudoises as to the whereabouts of the reply. In addition, the current order status can also be called up in his user account.

If the customer has placed various services in the shopping basket, these are individual services which are not linked to each other. This also means that in the event of changes or cancellations (of all or part of the services), all services must be assessed separately. In this way, any cancellation costs are calculated for each service. - If all services are to be changed or cancelled, the client must expressly request this. In the case of changes or cancellations of individual services, it must be stated exactly which services are affected by the change or cancellation.

If orders are placed by customers from countries which are not listed during the payment process, Alpes Vaudoises is not able to accept them, even if the automatic platform can be persuaded by the customer to react as described above. This means that no contract is concluded at all and neither party is legally bound.

The transmission of e-mail messages via public networks is asymmetric and prone to interference, is unprotected and can be intercepted, read, and changed by third parties. In addition to the content, the sender and recipient of the e-mail are also recognisable to third parties. This also applies to e-mails used in communication with Alpes Vaudoises. Alpes Vaudoises is authorised by the customer to send him e-mails. Alpes Vaudoises shall not be liable in any way for damages arising because of defective, disrupted or spied-out transmission of an e-mail. These provisions shall apply analogously to other unprotected forms of communication comparable in their mode of operation and risk situation which are used at present or in the future.

Messages sent to addresses indicated by the customer or previously successfully used in dealings with Alpes Vaudoises (namely e-mail addresses) shall be deemed to have been duly delivered. In the case of e-mails, the time of delivery shall be deemed to be the time of dispatch at Alpes Vaudoises. In the case of postal traffic, it shall be assumed, unless proven otherwise, that letters with priority delivery, even abroad, have been delivered no later than four days after posting at a Swiss post office.

5.3 - Prices, terms of payment

When checkingout of the shopping basket, the booked services must be paid for. The payment process is handled by the payment service provider Datatrans AG and the data is processed by Payyo AG by Trekksoft AG.

The price to be paid by the customer results from the total price in Swiss francs (CHF) displayed in the shopping basket. Unless expressly stated otherwise, it includes taxes and duties, in particular the respective legally valid Swiss value added tax. Prices are subject to change without notice. After initiating the ordering process, the customer is shown a compilation of his shopping basket. The prices contained therein are accepted by the system as not subject to change for 15 minutes, after which the customer must, for his own safety, initiate the order process again at the shopping basket. The customer must ensure that the shopping basket displayed to him is still up to date.

Contracts according to the individual shopping basket items shall only be concluded after advance payment has been made in accordance with the configuration of the online platform. As long as Alpes Vaudoises does not have a cover note, the customer's order will not be processed. The customer and Alpes Vaudoises shall bear all fees arising from the payment processing themselves.

5.4 - Delivery of vouchers / e-tickets and rechargeable data carriers

The order confirmation serves as proof of concluded contracts but cannot be used as proof of entitlement to the service (voucher, ticket, e-ticket). A link on the order confirmation refers to the customer's user account where - depending on the product or service - the customer can download the necessary documents - for example the voucher - or load a data carrier.

Subscription entitlements, vouchers, eWallets (digital vouchers), tickets and e-Tickets must be printed out by the customer for their intended use ("print@home") and will not be physically delivered. The duplication, alteration, reproduction of the subscription entitlements is prohibited.

In any case, the customer is responsible for protecting his entitlements (vouchers) from loss, theft, or unauthorised duplication. He/she must note that impersonal benefits are awarded to the first person to present the valid document. Subsequent proof that the person presenting the document is not identical with the orderer/customer is irrelevant for Alpes Vaudoises or the service providers arranged by Alpes Vaudoises.

The documents printed out by the customer as a subscription entitlement must be dry, not dirty, not damaged, not creased and must be presented in a clearly legible condition. They may have a bar code that can be electronically checked for verification. The documents must not be folded in the area of the bar code.

5.5 - General conditions, epidemiological situation, and regulations

Alpes Vaudoises has no influence on the structural measures, emission sources, etc. in the vicinity of a described place of stay and accordingly cannot assume any guarantees. Alpes Vaudoises also has no influence on the origin of any guests present, on the general service quality and the quality of the services, on the organisation and implementation of the announced events at the destination and on individual further possibilities. For the participation in individual events or the use of various services, certain - e.g., physical - requirements are necessary on the part of the client. The client must inquire with the service provider in this regard; any corresponding liability on the part of Alpes Vaudoises is expressly excluded in these cases.

Due to the epidemiological situation and its development, the authorities may issue special entry and (protection) regulations. The client is responsible for ensuring that he/she complies with these regulations and that he/she has any valid certificates, etc. that may be required. Service providers may be required by such regulations to adopt and enforce protection policies for their operations. Under certain circumstances, a service provider may provide such a protection concept on its own initiative in order to protect its clients. Alpes Vaudoises expressly draws the attention of clients to the fact that such measures are nowadays generally part of the normal risk of life. And restrictions of any kind do not constitute a bad performance of the contract, nor do they give the right to a cancellation free of charge.

5.6 - Cancellation bookings

The provisions on cancellation bookings are regulated in points 3.2 and 4.3.

6. - Special regulations

6.1 - Liability of Alpes Vaudoises

Alpes Vaudoises acts purely as an agent for the services published on the alpesvaudoises.ch website. Alpes Vaudoises is therefore not liable for the correct performance of booked services, for service failures, reduced performance, personal injury, material damage and other damage of any kind. This exclusion of liability applies to contractual, non-contractual and quasi-contractual claims.

Service descriptions are made by the service providers themselves. They are directly liable to the client for the correct fulfilment of the contract and the correct description of the published services.

Alpes Vaudoises is liable within the scope of the applicable legal provisions exclusively for the correct procurement of the services selected by the client, whereby liability for slight negligence is excluded. In addition, liability for indirect damage is excluded. This limitation of liability or exclusion of liability covers all contractual, non-contractual and quasi-contractual claims.

Regarding the accessibility and function of the alpesvaudoises.ch website, reference is made to point 5.1 paragraph 2.

Alpes Vaudoises shall not be liable for damages in connection with excursions or events which the customer books himself/herself "on site" during the performance of the service. This shall also apply if the corresponding documents are available in a facility attributable to Alpes Vaudoises or are described on the website.

6.2 - Liability of the service providers

The liability of the service providers shall be governed by their General Terms and Conditions or applicable legal provisions.

6.3 - Applicable law and place of jurisdiction

The contractual relationship between Alpes Vaudoises and its customers shall be governed exclusively by Swiss law. The exclusive place of jurisdiction shall be the registered office, i.e., Aigle of Alpes Vaudoises. This choice of law and the determination of the place of jurisdiction shall be subject to mandatory applicable laws or international agreements which may provide for a deviating regulation.

The contracts with the service providers are subject to Swiss law; the place of jurisdiction is the respective registered office of the service provider. Any provisions to the contrary in the applicable General Terms and Conditions of the service provider concerned shall remain reserved, or subject to mandatory applicable laws or international agreements which may provide for a deviating regulation.

6.4 - Severability clause

Should one or more provisions of these General Terms and Conditions be or become invalid or inadmissible in whole or in part, this shall not entail the invalidity of the entire contract. The invalid or inadmissible provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or inadmissible provision.

7 - Appendix: List of service providers

7.1 - General

The contract is concluded between the client and the respective service provider. Should the client have any questions regarding the fulfilment of the contract, he/she must contact the relevant service provider directly. The following points contain a list of the service providers and - if available - a link to their valid contractual conditions. If these are not available here, the customer must ask the obligated service provider for them and accept them.

Article: 2.2 - Holiday apartment bookings and other private accommodation bookings

Pays-d’Enhaut Région – Économie et Tourisme

Article: 2. - Holiday flat

Interhome https://www.interhome.ch/en/customer-service/conditions/

7.4 - Individual services (e.g., activities, experiences, ticketing / tickets, tourism products, equipment rental, events, or other leisure activities)

Association touristique Portes des Alpes (Villars-Gryon-Les Diablerets, Bex)

Article: 2.4 - Activity / experience / ticketing / tourism product bookings

Association touristique Aigle-Leysin-Col des Mosses

Article: 2:4 - Activity / experience / ticketing / tourism product bookings