General Terms and Conditions

1. General Terms and Conditions

All goods and services provided by Luftseilbahn Pfingstegg, as well as any associated online orders and other online services, are subject to these General Terms and Conditions (GTC). Any deviating and/or supplementary agreements require the express consent of the management of Luftseilbahn Pfingstegg.

All prices are quoted in CHF (Swiss francs), including statutory VAT of 8.1%.

Translated with DeepL.com (free version)

1.1. Contracting Parties, Conclusion of Contract

The contract of sale is concluded with Luftseilbahn Pfingstegg.

By listing the products in the online shop, Luftseilbahn Pfingstegg issues an invitation to treat. An offer is made when the buyer purchases the goods or clicks the order button. If Luftseilbahn Pfingstegg accepts the offer, either by confirming the ordered goods by email or by delivering the ordered goods, a binding purchase contract is formed.

1.2. Language of the contract, storage of the contract text

The languages available for concluding the contract are German and English.

We store the contract text and send you the order details and our Terms and Conditions by email. You can view the contract text in your customer login area.

1.3. Vouchers

For online vouchers and online tickets, please note that these are transmitted to the customer by the Pfingstegg Cableway with a tamper-proof code. Since the customer can print the voucher themselves, multiple printouts are possible; however, only one printout is valid and redeemable. The first voucher or ticket with the corresponding code redeemed through the n-tree webshop is regarded as the original and must be immediately debited by the Pfingstegg Cableway upon redemption. Should additional copies with the same code appear, this constitutes misuse and may result in criminal prosecution. No claim for fulfillment and/or delivery, or for damages against the Pfingstegg Cableway, exists if someone attempts to redeem multiple vouchers with the same code, even if the first redeemer is not the lawful owner of the voucher or ticket. Instead, criminal proceedings for fraud (document forgery) may immediately be initiated against the issuer acting with fraudulent intent.

As a voucher may be transferred or given as a gift, the Pfingstegg Cableway has neither the obligation nor the ability to verify the ownership rights of the redeemer. Upon redemption, only whether the corresponding n-tree webshop voucher number has been approved by the system and whether the voucher has actually been paid for will be checked.

The n-tree webshop vouchers for dinners (Sky Dinner, Candle Dinner, and Apéro) are valid for 24 months (see the date and validity period on the voucher). Individual tickets for the cableway, toboggan run, and Fly-Line are generally valid for 1 day (see the date and validity period). After expiry of this period, the Pfingstegg Cableway is no longer obliged to accept them. A service voucher may also be redeemed for its specified amount as a value voucher for another service offered by the Pfingstegg Cableway. Lost vouchers will not be replaced. Vouchers cannot be redeemed for cash or returned for any other compensation. If the value of the voucher exceeds the value of the services consumed, the Pfingstegg Cableway is willing to fully credit the remaining voucher balance for future visits or consumptions. In such a case, there is no entitlement to a cash refund of the remaining voucher amount. The Pfingstegg Cableway is not obliged to accept unpaid vouchers as a means of payment.

For operational reasons, the services listed on the voucher can only be provided or guaranteed if an appropriate and timely reservation has been made. This applies particularly to dinner vouchers and group vouchers. The service described in the voucher may vary slightly depending on circumstances, but this must not result in any significant reduction in value for the guest.

Should the Pfingstegg Cableway close down or cease operations for any reason, the n-tree webshop vouchers shall expire without compensation. This also applies if ownership of the business demonstrably changes. In such a case, no claims may be made against the Pfingstegg Cableway as the original issuer of the vouchers.

Claims for damages arising from incorrect images, texts, prices, or delayed delivery are excluded. Price changes remain reserved.

1.4. Package Services

The same provisions apply as for all services under section 1.3. Furthermore, the package is non-transferable and may therefore only be used by one person. Children under the age of 8 may only obtain the package when accompanied by an adult. Since the toboggan run may only be used by children under 8 when accompanied by an adult, an adult must also purchase a package or individual toboggan rides when buying a package for a child under 8, otherwise the toboggan rides must be forfeited. In any case, no reduction or refund is possible.

The package includes one ascent and descent ride, 3 rides on the toboggan run, and 3 rides on the Fly-Line. The risk of loss lies with the purchaser of the package ticket. In the event of early closure of the toboggan run or the Fly-Line due to weather conditions or other uncontrollable factors, no entitlement to a refund shall arise under any circumstances.

1.5. Deviations in Dinner Presentation

The Pfingstegg Cableway always strives to describe the vouchers offered on its website correctly and as accurately as possible. However, the services may vary. The Pfingstegg Cableway endeavors to continuously update the descriptions. The images are used solely to describe the dinners. Therefore, the illustrations are non-binding and may differ from the final product. Information regarding the time and duration of the services is provided for guidance purposes only.

1.6. Failure to Appear – No Show for a Dinner

In the event of a “no-show,” the dinner voucher / dinner reservation shall be deemed redeemed and will lose its value.

1.7. Rescheduling a Dinner

A dinner may be rescheduled free of charge up to one week before the dinner date. Rescheduling up to the day before the dinner is possible subject to a fee of CHF 100.–. A cancellation on the agreed day of the dinner shall be considered a “no-show” (see section 1.6.).

Bad weather does not constitute a valid reason for rescheduling. The dinner takes place in all weather conditions. If the cableway cannot be operated due to weather conditions for safety reasons, the dinner will take place in the gondola located in the valley station area. Upon request, the dinner may also be held in the valley station. If weather conditions improve, cableway operations may resume at any time.

1.8. Delivery of Services and Goods

The Pfingstegg Cableway shall, where possible, comply punctually with agreed or stated delivery times. If delivery is delayed by more than six weeks, the customer has the right to set an additional grace period, stating that they will refuse acceptance of the purchased item after expiry of this period. This grace period must be at least one month. If no agreement on a new delivery date can then be reached, the customer may withdraw from the contract or purchase agreement by written declaration after expiry of the grace period.

Claims for damages arising from delay or impossibility of delivery cannot be asserted. This also applies to claims for damages due to loss of profit or any other indirect damage. Any further claims by the purchaser — in particular claims for delivery — as well as claims relating to any risks or side effects potentially caused by the product, are excluded.

Risk passes to the customer as soon as the goods (in this case, n-tree webshop vouchers and tickets of the Pfingstegg Cableway) have been handed over to the transport company and have left the warehouse or business premises. This also applies if the Pfingstegg Cableway has assumed the transport costs. Complaints regarding transport damage must be submitted by the customer directly to the transport company within the applicable deadlines.

For shipments sent by the customer, the customer bears all risks, in particular the transport risk, until the goods arrive at the Pfingstegg Cableway.

In addition to the stated product prices, shipping costs may also apply.

In principle, you also have the option of collecting your order from Luftseilbahn Grindelwald-Pfingstegg AG, Rybigässli 25, 3818 Grindelwald, Switzerland, during the published business hours.

We do not deliver to parcel lockers or packing stations.

1.9. Online Payment

In our shop, payment can only be made by credit or debit card via Six Saferpay or PostFinance. When paying by credit card, the amount will be charged immediately to the selected credit card.

By submitting your order, you simultaneously transmit your credit card details to us. After verification of your legitimacy as the lawful cardholder, we will immediately request your credit card company to initiate the payment transaction following the order. The payment transaction is automatically carried out by the credit card company and your card will be charged accordingly.

Your credit card details are not stored by us. The scope and purpose of the collection, processing, and use of this personal data are explained in detail under section 2.1.

Claims for damages arising from incorrect images, texts, prices, or delayed delivery are excluded. Price changes remain reserved.

In all cases, advance payment applies.

1.10. Payment – General

The invoice amount must be credited to the account of the Pfingstegg Cableway within 30 days. After expiry of these 30 days, the customer shall automatically be in default and shall additionally owe the Pfingstegg Cableway default interest of 5% (subject to a higher default interest rate and additional charges).

Offsetting is only permitted with claims that are undisputed or have been legally established by a court. The customer may only assert a right of retention insofar as it is based on the same contractual relationship.

Claims for damages arising from incorrect images, texts, prices, or delayed delivery are excluded. Price changes remain reserved.

In all cases, advance payment applies.

1.11. Terms of Use for the Toboggan Run

Use of the toboggan run is at your own risk. A minimum distance of 25 meters must be maintained at all times. Each rider is responsible for judging the appropriate distance and must ride in such a way that neither they nor others are endangered. In the event of a rear-end collision, the rider behind shall be liable.

Stopping on the track is prohibited. It is forbidden to place any part of the body (hands, feet, etc.) outside the sled, as there is a serious risk of burns upon contact with the track surface.

For safety reasons, the toboggan run must be closed immediately in wet conditions. However, this does not give rise to any entitlement to a refund for any ticket issued by the Pfingstegg Cableway.

1.12. Right of Withdrawal

There is no right of withdrawal for vouchers or tickets that are paid for online or at the ticket machine and printed out.

1.12. Defects

Defects must be reported immediately, at the latest within one week after receipt (obvious defects) or within one week after discovery (hidden defects). In the event of justified complaints, the Pfingstegg Cableway shall correct the incorrect delivery free of charge and, subject to the exclusions stated above, may at its discretion exchange the vouchers, take them back, or grant the purchaser a price reduction.

If, in the case of an exchange of an n-tree webshop voucher, the replacement delivery is also defective, the purchaser shall have the right to rescind the contract or request a reduction in price.

Complaints regarding non-performance of services due to technical malfunctions or weather-related closures must be asserted immediately at the ticket counters of the Pfingstegg Cableway. In the event of justified complaints, the Pfingstegg Cableway shall refund or replace the tickets or vouchers.

Customer Service: During the summer season (see opening hours), you can contact us with questions, complaints, and claims between 9:00 a.m. and 5:00 p.m. by telephone at +41 33 853 26 26 or by email at info@pfingstegg.ch.

1.13. Customer Data

The Pfingstegg Cableway is entitled to collect, store, and process the customer’s personal data required within the scope of the business relationship, subject to our privacy policy (see the privacy policy in the second part of this document).

1.14. Liability

The Pfingstegg Cableway shall be liable for intentional acts and gross negligence by its employees, representatives, and agents within the limits prescribed by law (Swiss Code of Obligations and Product Liability Act). Liability for ordinary negligence is excluded.

In the case of damages arising from a contract, compensation for damages (up to a maximum amount equal to the purchase contract value) shall only be owed in the event of a material breach of contract. If the purchaser withdraws from the contract, only reliance damages (expenses necessarily incurred) shall be compensated.

1.15. Copyright and Trademark Rights of the Website

The entire content of the website pfingstegg.ch is protected by copyright. All rights belong to the Pfingstegg Cableway or to third parties. The elements on the website pfingstegg.ch are freely accessible only for browsing purposes. Reproduction of the material or parts thereof in any written or electronic form is permitted only with explicit reference to pfingstegg.ch. Reproducing, transmitting, modifying, linking to, or using the website pfingstegg.ch for public or commercial purposes is prohibited without the prior written consent of the Pfingstegg Cableway.

The various names and logos on the website pfingstegg.ch are generally registered and protected trademarks. No part of the website pfingstegg.ch is designed in such a way as to grant any license or right to use any image, registered trademark, or logo. Downloading or copying the website pfingstegg.ch or parts thereof does not transfer any rights relating to software or elements of the website pfingstegg.ch. The Pfingstegg Cableway reserves all rights to all elements on the website pfingstegg.ch, with the exception of rights belonging to third parties.

1.16. Links to Other Websites

The website pfingstegg.ch contains links to third-party websites that may be of interest to you. By clicking on such links, you may leave the website pfingstegg.ch, or excerpts from third-party websites may be displayed within the environment of the website pfingstegg.ch. The Pfingstegg Cableway has not carried out any checks on third-party websites linked to the website pfingstegg.ch and is in no way responsible or liable for the content or functioning of such third-party websites.

This applies regardless of whether, by following a link, you leave the website pfingstegg.ch or whether the content is displayed within the environment of the website pfingstegg.ch, and also in cases where, in the latter situation, the provider of the external website is not immediately apparent.

Establishing such connections or consulting third-party websites is done solely at the user’s own risk and responsibility.

1.17. No Warranty

Although the Pfingstegg Cableway has exercised all due care to ensure the reliability of the information contained on the website pfingstegg.ch at the time of publication, neither the Pfingstegg Cableway nor its contractual partners can provide any explicit or implied assurance or warranty (including towards third parties) regarding the accuracy, reliability, or completeness of the information on pfingstegg.ch. Opinions and other information on the website pfingstegg.ch may be changed at any time without prior notice.

The Pfingstegg Cableway assumes no responsibility and gives no guarantee that the functions on the website pfingstegg.ch will be uninterrupted, or that the website pfingstegg.ch or the respective server is free from viruses or other harmful components.

1.18. Applicable Law and Place of Jurisdiction

Should individual provisions of these General Terms and Conditions (GTC) be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a new provision whose economic effect comes as close as possible to that of the invalid provision.

Swiss law shall apply. The place of performance and jurisdiction for contracts, including these General Terms and Conditions (GTC), shall be Thun, Switzerland.

We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

The competent authority is the Schlichtungsbehörde Oberland, Verwaltungsgebäude Selve, Scheibenstrasse 11 B, 3600 Thun, Switzerland.

https://www.justice.be.ch/justice/de/index/justiz/organisation/obergericht/ueber_uns/schlichtungsbehoerden/berner-oberland.html.