General Terms and Conditions for the Use of the Webshop and the Purchase of E-Tickets
1. General information
1.1 Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) shall be applicable in the version that is the latest at the time of conclusion of the contract for all orders to Matterhorn Gotthard Bahn and Gornergrat Bahn based in Brig (hereinafter referred to as “MGBahn/GGB”) through its websites www.matterhorngotthardbahn.ch und www.gornergratbahn.ch (hereinafter referred to as “web-sites”) and for you as customer (hereinafter referred to as “customer”). They shall form an integral and supplemen-tary part for all bookings that are made through the web-site.
It is possible that functionalities / services specifically han-dled below are not offered on all websites of MGBahn/GGB. The relevant regulations shall then naturally be applicable only for the websites with the functionalities / services concerned.
Through the use of the websites, the customer shall acknowledge the validity of these GTC.
1.2 Mechanism for concluding the contract
The presentation of the products or offers on the websites shall not be a legally binding offer, but an invitation to the customer to place an order that shall be binding for him/her (offer for contract conclusion).
A binding order shall be triggered only if the customer has entered all the data that is required for the contract execu-tion, confirmed acknowledgement of the GTC and clicked the “Buy now” button. Until this button is clicked, the cus-tomer can first add services non-bindingly to the shopping cart and change the data entered by him/her at any time using the correction helps provided and explained in the ordering process.
Immediately after receiving the order, MGBahn/GGB shall confirm the receipt of the order by e-mail. A contract shall still not come into existence through the confirmation of receipt. The confirmation of receipt shall only document that the booking has been received by MGBahn/GGB. A contract shall come into existence only when MGBahn/GGB declares acceptance of the contract. This shall take place with an order confirmation or dispatch confirmation or at the latest through delivery of the product.
1.3 Scope of service, service provision, liability
The services, which can be booked through the website, shall be defined in the corresponding offer descriptions. MGBahn/GGB shall reserve the right to modify the services and service descriptions at any time and without prior no-tice. Corresponding modifications shall not concern ser-vices that have already been booked (however, compare below regarding service modifications).
MGBahn/GGB shall be authorised to modify the agreed service or offer a replacement in case of compelling rea-sons. Compelling reasons shall be, for instance, temporary operational interruptions due to construction or mainte-nance work.
If the contract fulfilment is made impossible or affected through force majeure, MGBahn/GGB shall be authorised to withdraw from the contract – under reimbursement of the non-purchased services. The customer shall not be entitled to compensation. Force majeure shall be applicable, for instance, in the event of shut-downs or if the service provi-sion is made impossible by weather influences or danger of avalanches. MGBahn/GGB shall be liable to the customer for proper service provision. The liability shall be ruled out if the non-fulfilment or incorrect fulfilment is to be attributed to fail-ures or behaviour of the customer or of a third party, who is not involved in the service provision, or to force majeure or events that are not foreseeable or avoidable. The liability for minor negligence shall be ruled out.
If MGBahn/GGB has a justified reason to assume that an event, for which material property of MGBahn/GGB is used, endangers the smooth business operations, the safety or the reputation of MGBahn/GGB, MGBahn/GGB shall be au-thorised to dissolve the service agreements any time with-out compensation.
The special regulations for third-party services as well as regulations regarding e-tickets shall remain reserved.
1.4 Data protection
MGBahn/GGB adheres to the data protection or telecom-munications law when handling personal and customer data and also refers exclusively to no. 09 / Data protection of the «General passenger tariff T600» (hereinafter referred to as «T600») of the Swiss public transport enterprises. For methods, using which MGBahn/GGB collects and processes personal data, please refer to our Privacy Statement, which is an integral part of the GTC.
The buyer of an «electronic» ticket or discount card accord-ing to chapter 4 of the T600 must note that public transport enterprises or commissioned external companies in Swit-zerland as well as even in the region of the European Un-ion, which are commissioned with the control of electroni-cally issued tickets or discount cards and with the genera-tion of distribution formulae, shall receive personal and customer data (anonymised data exchange).
1.5 Liability for the use of the web shop and the website
All details published on the Internet (availability, prices, online calculations, reservations, etc.) shall be without guarantee. MGBahn/GGB shall not assume liability for mis-performance of the Internet, damage through third parties, imported data of all kinds, particularly viruses, worms, Tro-jan horses, etc., as well as links from and to other websites. Error-free functioning of hardware and software cannot be guaranteed.
GBahn/GGB shall, under no circumstances, be liable for any direct, indirect, special or other conse-quential damage resulting from the use of the MGBahn/GGB websites or a website linked in them. Any liability for lost profit, operational interruption, loss of pro-grammes or other data in information systems of customers shall also be ruled out. This shall also be applicable if MGBahn/GGB was explicitly pointed to the possibility of such damage.
1.6 Liability for third-party offers
A customer can order or book offers from third party pro-viders on the website. For these offers, MGBahn/GGB shall act solely as a mediator with a collection mandate. The contracting party shall be the respectively obligated suppli-er or service provider. An example for this would be the booking of accommodation in the Grand Hotel Zermatter-hof. For the accommodation services, the hotel itself shall be responsible and the General Terms and Conditions of the hotel shall be applicable. Another example would be EUROPÄISCHE REISEVERSICHERUNGS AG, P O BOX, CH-4002 BASEL, as a provider of cancellation insurance, which can be booked through the website in case of train journeys. When booking, the customers shall be pointed to the re-spective service provider. It shall also be pointed out to them that the General Terms and Conditions of the service provider concerned shall be applicable for the services at all events.
The offers can, as individual components (hotel, mountain railway ticket, parking, equipment, etc.), be compiled into a complete holiday stay tailor-made for the individual needs of the customer. MGBahn/GGB shall not be liable for the composition of the shopping cart and for the coordination of the individual items among each other (temporal, local, etc.). Unless MGBahn/GGB itself is the service provider, it shall also not be liable for correct execution of the individu-al service or delivery. In this respect, the customer can refer only to the mediated contract with the direct provider (ho-tel, rental company, event organisers, etc.) and the Terms and Conditions applicable there. When booking, the cus-tomers shall be pointed to the respective service providers.
Finally, it must be noted that when purchasing souvenirs, the customers shall be guided to a website, which is oper-ated by PANDINAVIA AG, Industriestrasse 30, CH-8302 Kloten. The contracting party in case of souvenir purchases shall be Pandinavia AG and its General Terms and Condi-tions shall be applicable for the purchases concerned.
2.1 Definition and preliminary remark
E-tickets shall be issued via the Internet and shall be printed on paper by the customers (hereinafter referred to as “OnlineTicket”). For the Gornergrat railway, the printed OnlineTicket must then be converted into a Skidata ticket at the automatic machine. For the transport of passengers with e-tickets, the tariffs of the Swiss public transport enterprises, particularly the T600, shall be applicable. These are available at the sales outlets occupied by staff as well as (www.voev.ch/T600). For ski passes and peak passes, the tariff and transport regulations of Zermatt Bergbahnen AG shall be applicable. The regula-tions shall be supplemented by the following explanations for regulation of the relationships between the holder of an e-ticket and MGBahn/GGB.
2.2 E-tickets in general
All e-tickets shall be personal and shall not be transferable or exchangeable. They shall be valid exclusively together with a valid official ID issued in the name of the passenger (e.g. passport, ID card, driving license) or/and together with the valid half-fare or general subscription issued to the corresponding person. In case of discounted tickets, the corresponding discount ID (e.g. half-fare subscription) must be produced in any case.
An e-ticket must be purchased for children, dogs and bicy-cles as well. These shall bear the name and date of birth of the person accompanied by the child/dog/bicycle. This person must identify himself/herself with an official piece of identification (according to T600 no. 41.00). Exception: Dogs travel free of charge on the Gornergrat Bahn and do not require an e-ticket.
All e-tickets shall be saved centrally in an electronic file and a copy shall be available (e.g. mobile telephone or print at home according to T600, no. 41.06).
The e-mail confirmation sent in accordance with T600 no. 41.00 shall not be considered as a ticket. If you cannot produce a valid e-ticket to the checking staff, you must buy a ticket on the spot. In such a case, a surcharge shall be charged as a rule.
2.2.1 Online tickets and online reservations
All OnlineTickets and online reservations must be printed in the 100% size (not scaled) on a white, previously blank, normal paper in the A4 format and in the portrait format with a resolution of at least 600dpi. The OT number (com-prising 12 digits) on the upper right of the OnlineTicket must be fully legible. It must be possible to produce the OnlineTicket to the checking staff fully and in the A4 for-mat. The advertisement in the lower third of the OnlineTicket may be cut off. OnlineTickets that are not properly legible shall be invalid for the journey. The pas-sengers shall be considered as passengers without a valid ticket according to T600, chapter 220.127.116.11.
2.3 Notes for printing
On your PC, you shall need a programme to open PDF files. You PC shall either have this software installed by default or you can download this software for free. We recommend the original AcrobatReader from ADOBE.
You shall need a printer that can print DIN-A4 paper black/white. You must print your ticket black/white and on a white paper in the portrait format. This is how you can ensure that your ticket can be checked quickly and easily.
2.4 Validity of the e-ticket
In case of e-tickets, the date of travel shall be defined at the time of purchase and order. The purchased tickets are only valid per travel route on 1 calendar day. The term of validity can deviate from tickets purchased from a ticket counter or ticket machine. In case of tickets with validity for multiple days, the return journey must be executed on the day de-fined at the time of the booking.
The ticket medium (mainly mobile telephone and similar devices) must – if demanded – be handed over to the checking staff for the checking of the e-tickets and particu-larly the 3 display levels of the MobileTicket. The checking staff shall be authorised to operate the ticket medium for proper checking. The customers must possess the e-ticket before starting the journey (actual departure of the train). The purchase or ordering process must have been com-pleted before the actual departure of the train and the e-ticket must be available in a printed form or on the applica-tion of the end device. The passenger must otherwise pay the surcharge according to T600.5, no. 30.00 (without tick-et price). E-tickets of the normal tariff shall be issued in the 1st and 2nd class for single as well as to and fro journey.
One-way journey All distances: 1 day
Return journey up to 115 km: 1 day
Return journey of 116 km or more: One day each for the journey to and from the destination within 10 days
3. Payment terms
The offer of MGBahn/GGB shall be made in Swiss Francs (CHF). Price and product range changes shall be explicitly reserved.
3.1 Payment by credit card
In case of a payment by credit card (VISA, MasterCard, etc.), the credit card number must be entered along with the expiry date and the Card Verification Code (CVC). MGBahn/GGB shall not assume liability for misperformance of the Internet, damage through third parties, operational interruption, loss of the transmitted data, etc.
3.2 Other payment methods
Further payment methods include TWINT, Swiss Pass Payment and Postfinance. The provisions of the respective payment service providers shall apply.
Vouchers shall be impersonal and freely transferable. Vouchers shall be accepted only at the conditions specified on the voucher. They can be redeemed multiple times until the balance is fully used. The voucher code or value must be entered in the course of the ordering process. The maximum value for a voucher shall be CHF 3,000.
If customers purchase vouchers from MGBahn/GGB for its offer, this offer must be used at the latest up to the printed expiry date of the vouchers. Vouchers shall not be paid out and can be neither exchanged nor refunded.
3.3 Delivery costs
Any delivery costs shall be charged separately and shall be shown as such in the shop.
4. Refund and cancellation
E-tickets can be refunded according to T600.9. A refund request can be sent to firstname.lastname@example.org or to MGBahn/GGB via the refund form.
In the case of a refund prior to the travel date, a reduced deductible of CHF 10.00 shall be charged; on or after the travel date this deductible shall amount to CHF 20.00. Proof of non-use shall be produced by the customer (T600.9 / 1.3.1)
In the case of a change or incorrect entry of e-tickets, they shall be refunded without charging a deductible.
4.1.1 Cancellation by the customer
For the cancellation of services for individual passengers, the conditions of the respective product shall be applicable. The services purchased via the website (tickets, reservations, menu, etc.) can be neither cancelled, exchanged nor refunded.
If the customer is prevented from departure due to an illness or an accident and if he/she can produce a valid medical certificate, the full costs shall be refunded to him/her.
4.1.2 Cancellation of services booked through MGBahn/ GGB
For the cancellation of third-party services (hotel, event, holiday home, etc.), the terms of cancellation of these third-party providers shall be applicable. The conclusion of a cancellation insurance is recommended. The travel insurance integrated in the purchase process shall only apply to the purchase of train services.
4.1.3 Cancellation by MGBahn/GGB
If the booked service is cancelled by Matterhorn Gotthard Bahn due to an event, which is not to be attributed to force majeure, the customer can choose between a comparable alternative (if available) or a refund. In case of force majeure, there shall be no obligation for compensation.
The customer shall not be entitled to a refund, a comparable alternative or compensation if the cancellation takes place because the group of persons, who have booked the package tour, does not attain the required minimum number of participants and the cancellation was informed to the customer in writing within the period specified on the website.
5. Photo point / Personalised video
We offer the customer the option of creating a free personalised video of his/her trip. For this, the customer must take a photo at the photo point at the end station of the Gornergratbahn. This photo shall then be inserted into the video of the trip. This service, including photo point, is pro-vided by the third-party provider ALTUROS Destinations GmbH, Lakeside B03, 9020 Klagenfurt, Austria, on our be-half.
For using the service, the customer must register at the photo point with his/her SwissPass or Skidata ticket and take the photo. The customer must then login to our web-site to order and download the video. Please refer to our data privacy statement to know as to how GGB collects and processes your personal data here.
Neither we nor ALTUROS guarantee the reliability and un-restricted availability of the described service (4 composi-tions are equipped with cameras) and can thus not be held liable for the consequences of interruptions in the service process. It is also not guaranteed that the services are free from irregularities or errors, nor that these can be correct-ed. The liability for damage, be it foreseeable or not, which results from the use of the service or from the partial or complete impossibility of its use, is totally ruled out to the extent permitted by law.
Optimum user-friendliness shall be ensured. However, the customer is responsible for the correct handling in any case. The customer himself/herself shall be liable for the consequences of incorrect operation (e.g. at the photo point). Neither we nor ALTUROS shall then be liable for incorrect information provided by the customer when reg-istering for the service on the website or for misuse of the SwissPass or the Skidata ticket.
The customer must use the service lawfully. The service may not be misused to disseminate crimi-nally relevant contents as well as to violate other rights of third parties. Therefore, the customers shall be responsible for the photos taken at the photo point. Data usages, which aim to use con-tents industrially, commercially or otherwise, shall be prohibited to the customer. Customers shall release us as well as ALTUROS from any third-party claims, which are raised as a result of the custom-er’s fault due to unlawful use of the services.
6. Final regulations
6.1 Entry into force
The GTC shall enter into force in July 2020.
6.2 Modification of the tariffs and the GTC.
MGBahn/GGB can modify these GTC any time without prior notice. The version at the time of the booking shall be deci-sive.
6.3 Applicable law and legal domicile
This contract shall be subject to the Swiss law, unless it is opposed to by mandatory legal regulations. Disputes from the contract shall be solely subject to the ordinary jurisdic-tion at the registered office of Matterhorn Gotthard Bahn and Gornergrat Bahn in Brig, Switzerland. The applicability of the UN Convention on Contracts for the International Sale of Goods shall be explicitly ruled out. In case of ambiguities with foreign language versions, this German version shall be deemed decisive.
Matterhorn Gotthard Bahn, Bahnhofplatz 7, CH-3900 Brig