General Terms and Conditions
I. Scope of application of the General Terms and Conditions
1. Zug Tourism as provider / organizer
These General Terms and Conditions (hereinafter: "GTC") govern the contractual relationship between the customer and Zug Tourism (association based in 6300 Zug, Bahnhofplatz) regarding services for which Zug Tourism itself acts as provider / organizer (e.g. city tours, adventure tours, etc., sale of merchandising articles, etc.). These General Terms and Conditions must be accepted by the customer at the time of ordering. The details are regulated in Section III below.
2. Zug Tourism as an agent for third-party services
If Zug Tourism acts as an agent for third-party services (e.g. hotel bookings, group offers), the contract shall be concluded between the respective third party and the customer. The fact that the contractual relationship in this case exists between the third party and the customer shall not be affected by any handling of the order process by Zug Tourism. In any case, the General Terms and Conditions of the respective service provider, which is expressly mentioned in the offers, shall apply. The details are regulated in Section IV below.
II. Website of Zug Tourism (www.zug-tourismus.ch)
1. Content of the Zug Tourism website
Zug Tourism operates the website www.zug-tourismus.ch and offers its own services on this site. Zug Tourism also offers third parties the opportunity to offer their services via the website.
2. Disclaimer of Warranty and Liability
All content on the Zug Tourism website is provided for general information purposes only. Zug Tourism takes every care to ensure the reliability of the information published on its website. However, no guarantee is given for the accuracy, reliability or completeness of the information. Furthermore, Zug Tourism cannot accept any responsibility for the uninterrupted functioning of the website or for the absence of harmful components on the server. Any liability of Zug Tourism arising from access to or use of the elements of the website is excluded.
3. Links
Zug Tourism is neither responsible nor liable for the content or functioning of linked third-party websites. It has no influence on the content of these websites. Consultation of these websites is at the customer's own risk.
III. Zug Tourism as provider / organizer
1. Zug Tourism as provider / organizer
If Zug Tourism itself acts as the provider / organizer of offers, the contract shall be concluded between Zug Tourism and the customer.
2. Conclusion of the contract with Zug Tourism
The presentation of services on the Zug Tourism website does not constitute a legally binding offer. A binding offer shall only be triggered once the customer has entered all the data required for the execution of the contract and has read the GTC and any cancellation conditions. By making a booking (in writing, by e-mail, by telephone or by sending the completed input mask). Receipt of the booking request is subsequently confirmed to the customer (by telephone, in writing or by sending an e-mail). This confirmation of receipt does not constitute acceptance of the offer. The contract shall only come into effect when Zug Tourism expressly confirms the booking to the Customer.
If the Customer has merely submitted a non-binding offer request by telephone, in writing, by e-mail or by sending the completed input mask, the reply from Zug Tourism shall constitute a binding offer to conclude a contract. In this case, the contract shall be concluded upon express acceptance of the offer by the Customer.
3. Performance of the contract
Zug Tourismus undertakes to perform its contractual services correctly. However, it is expressly pointed out that it does not wait for late participants at the events it offers; this shall in no way be construed as improper performance of the contract by Zug Tourism.
If the service becomes impossible after conclusion of the contract for reasons for which Zug Tourism is solely responsible, or is canceled by Zug Tourism, any outstanding claims of Zug Tourism against the customer shall be canceled. If the customer cancels a service, the relevant Zug Tourism cancellation conditions shall apply. The cancellation conditions shall be brought to the customer's attention during the ordering process and shall become part of the contract by placing the order.
4. Cancellation
The following costs shall be charged in the event of cancellation by the customer
- Up to 31 days before the event: free of charge
- Up to 3 working days before the event: processing fee CHF 90.00
- From 48 hours before the event: 100%
- Non-appearance of the group (no show): 100%
- Guided tours: 3 working days before the event, the registered number of people will be charged
- Rebooking: free of charge
Public guided tour:
All cancellations, changes or no-shows will be charged with the total amount unless the guided tour is canceled by Zug Tourism due to a minimum number of participants or force majeure. In this case, the customer is entitled to a refund or rebooking.
For confirmed services provided by partner institutions (mountain railway companies, restaurants, etc.), the conditions of the company in question apply. Any cancellation costs will be charged directly and without surcharge.
5. Terms of payment
Private guided tours:
Payment is made in advance by credit card (Visa or Mastercard) when the booking is made. A fee of CHF 20.00 will be charged for issuing an invoice.
Public guided tours:
Pre-payment of the entire booking amount is required at the time of booking via credit card or Twint.
6. Liability of Zug Tourism
Under no circumstances shall Zug Tourism be liable for the customer's own negligence or for the negligence of third parties. Liability for loss of profit or for other direct or indirect consequential damage is excluded. Liability arising from access to elements of the website www.zug-tourismus.ch or their use is also excluded. The customer is solely responsible for the safe storage of valuables at events organized by Zug Tourism.
7. Sale of merchandising articles by Zug Tourism
The sale of merchandising articles by Zug Tourism shall be governed exclusively by the provisions of the Swiss Code of Obligations on sales (OR 184ff).
IV. Procurement of third-party services
1. Third party as organizer and contractual partner of the customer
If Zug Tourism arranges third-party services (e.g. hotel reservations, etc.) by publishing corresponding third-party offers on its website, the contract for the content of the third-party service shall be concluded between the Customer and the relevant organizer. Zug Tourism does not become a party to the contract. The services of third parties are subject to the contractual terms and conditions of the service provider.
2. Formation of the contract with the third party
The offers of third parties on the Zug Tourism website are to be regarded as non-binding offers from the third party. By making a booking, the customer submits a binding offer to the third party to conclude the contract and accepts Zug Tourism's GTC and the third party's cancellation conditions.
The contract with the third party shall only come into effect once the Customer's offer has been accepted and the order has been expressly confirmed.
3. Contract fulfillment and cancellation
The third party shall be exclusively responsible for the fulfillment of the contract as the customer's contractual partner. The contractual terms and conditions of the third party shall apply. Zug Tourism provides no guarantee for the correct fulfillment of the contract by the third party. Any complaints must be addressed to the third party immediately. The cancellation conditions of the third party, which must be accepted by the customer at the time of the inquiry or order, shall apply.
4. Disclaimer
Zug Tourismus shall not be liable under any circumstances for damages incurred by the customer in connection with the service provided by the third party. Any claims for damages must be addressed to the third party.
5. Terms of payment
Unless otherwise agreed by the parties in individual cases, selected debit and credit card payments as well as on-site cash payments in Swiss francs are accepted. Zug Tourism reserves the right to issue an advance invoice for confirmed services. All prices quoted are in Swiss francs including statutory VAT.
V. Intellectual Property / Intellectual Property Rights
The entire content of the websites www.zug-tourismus.ch as well as the content of the newsletters, which can be subscribed to, is protected by copyright. The owner of the protected elements is either Zug Tourism or third parties who have consented to the use of the elements by Zug Tourism. Visitors to the website are granted neither a right of ownership nor a right of use to elements of the website or software, in particular no license to content protected by copyright or trademark law.
The content and all elements on the website may only be downloaded or printed if no copyright notices or other protected designations are removed and provided that the source is acknowledged. Zug Tourism expressly reserves all rights.
The complete or partial reproduction, transmission, modification or use of the website www.zug-tourimus.ch for public or commercial purposes is prohibited without the prior written consent of Zug Tourism.
VI. Data protection
Zug Tourism undertakes to treat personal data (data relating to an identified or identifiable person) in accordance with the provisions of Swiss data protection legislation. In this regard, reference is made to Zug Tourism's privacy policy.
VII. Common Final Provisions
1. Severability clause
Should any provision of these General Terms and Conditions be invalid in whole or in part, it shall be replaced by an equivalent provision that comes closest to the economic value of the invalid provision. This shall not affect the validity of the remaining provisions.
2. Adaptation of these GTC
Zug Tourismus reserves the right to amend these GTC at any time. The currently valid version shall be published on www.zug-tourismus.ch and shall apply to bookings made from the date of activation. The version valid at the time of booking shall apply in each case.
3. Place of jurisdiction and applicable law
The contractual relationship between Zug Tourism and the customer shall be governed exclusively by Swiss law. Subject to a mandatory place of jurisdiction, the courts at the registered office of Zug Tourism shall have jurisdiction over disputes between Zug Tourism and the customer.
Zug, March 2022
GENERAL TERMS AND CONDITIONS
I. Scope of general terms & conditions
1. train Tourism as provider / operator
These General Terms & Conditions (hereinafter: "GTCs") govern the contractual relationship between the customer and Zug Tourism (association headquartered at 6300 Zug, Bahnhofplatz) concerning services for which Zug Tourism serves as the direct provider / operator (e.g. city tours, sale of merchandising goods by Zug Tourism). The customer shall accept these General Terms & Conditions at the time of placing the order. The specifics shall be governed by item III hereinafter.
2. Zug Tourism as an intermediary for third-party services
In the event that Zug Tourism arranges third-party services (e.g. hotel bookings, group experiences), the contract shall be concluded between with the respective third party and the customer. In the event that the ordering process may also be handled by Zug Tourism, this shall not alter the fact that in this case the contractual relationship is between the third party and the customer. In any case, the General Terms & Conditions of the respective provider explicitly mentioned with respect to the offers shall apply. The specifics shall be governed by item IV hereinafter.
II. train tourism website (www.zug-tourismus.ch)
1. Content of Zug Tourism website
Zug Tourism is the operator of the website www.zug-tourismus.ch and offers its own services on this web page. It also provides third parties with the possibility of offering their services on the website.
2. Caveat emptor and exclusion of liability
All content of the Zug Tourism website is for general information purposes only. Zug Tourism uses all such care as necessary to ensure that the information published on its website is reliable. No warranty is expressly given for the accuracy, reliability, or completeness of the information. Zug Tourism further assumes no responsibility for the website to function without interruption or for the server to be without harmful components. Any liability of Zug Tourism shall be excluded pertaining to elements of the website being accessed or resulting from their use.
3. Links
Zug Tourism shall not be responsible or liable for the content or functioning of linked web pages of third parties. It exercises no influence on the content design of these websites. Consulting these websites shall be at the risk of the customer.
III. Zug Tourism as operator / provider
1. Train Tourism as operator / provider
In the event that Zug Tourism serves as the operator offers, the contract shall be concluded between Zug Tourism and the customer.
2. Conclusion of the contract with Zug
The presentation of services on the Zug Tourism website does not constitute a legally binding offer. A binding offer is only made when the customer has entered all the data required to execute the contract and has read the GTC and any cancellation conditions. With his booking (in writing, by e-mail, by telephone or by sending the completed input mask). Receipt of the order is subsequently confirmed to the customer (by phone, letter, e-mail). Acknowledgement of receipt shall not be considered ac-ceptance of the offer. The contract shall be concluded only after Zug Tourism accepts the customer's offer and formally confirms the order to him.
In the event that the customer submits a non-binding offer by phone, letter, e-mail or submission of the completed form, the response by Zug Tourism shall be considered the binding offer with respect to the conclusion of contract. In this case, the contract shall be concluded by means of the customer's explicit acceptance of the offer.
3. Fulfilment of contract
Zug Tourism undertakes to correctly fulfill its contractually agreed services. It is explicitly stated that in the context of the events offered, Zug Tourism will not wait for participants who fail to arrive on time; this shall in no way be construed as a failure on the part of Zug Tourism to fulfill the contract.
In the event that the service cannot be carried out after the conclusion of the contract due to reasons for which Zug Tourism is solely responsible, or if the service is canceled by Zug Tourism, any outstanding claims of Zug Tourism against the customer shall be canceled. If the client cancels a service, the respective cancellation conditions of Zug Tourism apply. The cancellation conditions are brought to the attention of the customer during the order process and become part of the contract through the order.
4. Cancellation
In the event of cancellation by the client, the following costs will be charged.
- Up to 31 days before the event: free of charge
- Up to 3 working days before the event: service fee CHF 90.00
- From 48 hours before the event: 100%
- Non-appearance of the group (no show): 100%
- Guided tours priced per person: 3 working days before the event, the number of persons registered will be charged.
- Rebooking: free of charge
Public guided tour:
All cancellations, changes or no-shows will be charged the full amount unless the tour is canceled by Zug Tourism due to minimum number of participants or force majeure. In this case, the customer is entitled to a refund or rebooking.
For confirmed services of partner institutions (mountain railway companies, restaurants, etc.), the conditions of the company concerned apply. Any cancellation costs will be charged directly and without surcharge.
5. terms of payment
Private tours:
Payment is made in advance via credit card (Visa or Mastercard) at the time of booking. A fee of CHF 20.00 will be charged for issuing an invoice.
Public guided tours:
Payment in advance of the total booking amount is required at the time of booking via credit card or Twint.
6. Liability of Zug Tourism
Zug Tourism is not liable in any case for the customer's own fault or for the fault of third parties. Liability for lost profit or other direct or indirect consequential damages shall be excluded. Liability arising from the access to the website www.zug-tourismus.ch or its use shall also be excluded. The customer is solely responsible for the secure storage of valuables at events carried out by Zug Tourism.
7. Sale of merchandising goods by Zug Tourism
The sale of merchandising goods by Zug Tourism is exclusively based on the provisions of the Swiss Code of Obligations for sales agreements (OR 184ff).
IV. Arrangement of third-party services
1. A third party serves as operator and contractual partner of the customer
In the event that Zug Tourism arranges third-party services (e.g. hotel reservations, etc.) by publishing such third-party offers on its website, the contract concerning the content of the third-party service shall be concluded be-tween the customer and the corresponding operator. Zug Tourism shall not serve as a contracting party. Third-party services are subject to the contractual conditions of the service provider.
2. Conclusion of the contract with third parties
Third-party offers on the website of Zug Tourism shall be considered non-binding offers by the third-party. By making an order, the customer submits a binding offer to the third party with respect to the conclusion of contract and accepts the GTCs of Zug Tourism as well as the cancellation policy of the third party.
The contract with the third party shall be concluded only after the customer's offer has been accepted and the order has been confirmed to him
3. Fulfilment of contract and cancellation
The third party as contractual partner of the customer is solely responsible for fulfillment of the contract. The contractual terms of the third party shall apply. Zug Tourism shall not provide any warranty for the accurate fulfillment of contractual obligations by the third party. Possible complaints shall be addressed solely and without delay to the third party. The third-party conditions of cancellation shall apply. The customer undertakes to accept these at the time of placing the order.
4. Exclusion of liability
Zug Tourism shall not assume liability for any damages suffered by the cus-omer pertaining to third-party services. Possible claims for damages shall be addressed to the third party.
5. Terms of payment
If not agreed otherwise by the parties in individual cases, selected debit and credit card payments as well as cash payments on site in Swiss francs shall be accepted. Zug Tourism shall reserve the right to issue an advance invoice for confirmed services. All prices are quoted in Swiss francs including legal value added tax.
V. Intellectual property / intellectual property rights
The entire content of the website www.zug-tourismus.ch as well as the content of the newsletter which can be subscribed is copyright reserved. The owners of the protected elements shall be either Zug Tourism or the third parties which have approved the use of elements by Zug Tourism. Website visitors shall be granted neither the ownership of, nor user rights to, the elements of the website or software, and in particular no license to copyright protected content or content protected by trademark law.
Contents and elements of the website may be downloaded or printed out only provided that no copyright notices or other protected labels are removed, and copyright is acknowledged accordingly. Zug Tourism shall explicitly reserve all rights. Fully or partially reproducing, transferring, modifying, or using the website www.zug-tourismus.ch for public or commercial purposes is not permitted without prior written approval by Zug Tourism.
VI. Data protection
Zug Tourism undertakes to treat personal data (data concerning an identified or identifiable person) in accordance with the provisions of the Swiss data protection law. Reference is made to the data protection statement of Zug Tourism.
VII. Common and final provisions
1. Salvatory clause
Should any point of these general terms and conditions be fully or partially invalid, it is to be replaced with a corresponding point which is valid and possesses the equivalent economic value of the invalid point. The remainder of the points shall remain unaffected and valid.
2. Adjustments to the GTCs
Zug Tourism reserves the right to change these GTCs at any time. The valid version will be published on www.zug-tourismus.ch and shall be valid for orders placed after the date of publication. The version which is valid at the time of placing the order shall apply.
3. Applicable law and jurisdiction
The contract between the customer and Zug Tourism is exclusively subject to Swiss law. The sole jurisdiction for possible disputes between Zug Tourism and the customer shall be the governing courts at the place of business of Zug Tourism.
Zug, March 2022