I. Scope of application of the General Terms and Conditions
1 Säntis-Schwebebahn AG as provider / organiser
These General Terms and Conditions (hereinafter: ‘GTC’) govern the contractual relationship between customers and Säntis-Schwebebahn AG (public limited company, registered in the Commercial Register of the Canton of Appenzell A.Rh. under the number CHE-105.771.789) regarding services for which Säntis-Schwebebahn AG itself acts as provider / organiser (e.g. hotel bookings, seminar bookings, guided tours, adventure trips). These GTC must be accepted by the customer at the time of ordering. The details are regulated in section III below.
2 Säntis-Schwebebahn AG as agent for third-party services
If Säntis-Schwebebahn AG arranges third-party services (e.g. guided tours, group offers), the contract is concluded between the respective third party and the customer. Third parties are listed on the Säntis-Schwebebahn AG website. A mere mediation by Säntis-Schwebebahn AG also exists if the entire order process is carried out by Säntis-Schwebebahn AG. In any case, the general terms and conditions of the respective third parties, who are expressly mentioned as contractual partners in the offers, apply in the case of mediation. Säntis-Schwebebahn AG does not mediate in disputes between customers and third parties. The details are regulated in the following section IV.
II. Websites of Säntis-Schwebebahn AG
1 Content of the websites of Säntis-Schwebebahn AG
Säntis-Schwebebahn AG operates the website www.saentisbahn.ch and the associated sub-pages (hereinafter: ‘Website’). This website offers its own services (see section III below).
2 Data connection
Säntis-Schwebebahn AG is not responsible for establishing and maintaining the data connection between the IT system of the website visitor and the transfer point (i.e. the interface between the data network operated by Säntis-Schwebebahn AG and other networks).
3 Disclaimer of warranty and liability for content
All content on the Säntis-Schwebebahn AG website is for general information purposes only. Säntis-Schwebebahn AG endeavours to ensure that the content is correct, up-to-date and error-free and does not infringe the rights of third parties. Should any damage arise from the use of the websites that does not constitute injury to life, limb or health, Säntis-Schwebebahn AG shall only be liable for intent, malice and gross negligenc
4 Operating hours and availability
The operating hours of the websites are generally from Monday to Sunday from 0:00 to 24:00. The websites are provided free of charge and are subject to availability. Säntis-Schwebebahn AG endeavours to make the websites available to users without disruption. Maintenance work, further development or other disruptions may limit or temporarily interrupt the possibilities of use. Säntis-Schwebebahn AG is therefore not responsible for the uninterrupted availability of the websites and apps. If any disruptions occur, users shall not be entitled to any compensation.
5. Links
Säntis-Schwebebahn AG is neither responsible nor liable for the content or functioning of linked third-party websites or apps. Säntis-Schwebebahn AG has no influence on the content of these websites and apps. Customers consult these websites at their own risk.
6. Prohibition of automated enquiries
Users are prohibited from using automatic systems, mechanisms, scripts, software and/or other procedures that automatically send requests to the servers of Säntis-Schwebebahn AG.
III Säntis-Schwebebahn AG as organiser / provider
1 Säntis-Schwebebahn AG as organiser
If Säntis-Schwebebahn AG itself acts as the organiser of guided tours, as the publisher of its own products or any other offers, the contract between Säntis-Schwebebahn AG and the customer is concluded as described below.
2 Conclusion of the contract with Säntis-Schwebebahn AG
The presentation of goods and services on the website of Säntis-Schwebebahn AG does not constitute a legally binding offer, but a non-binding online catalogue (invitation to submit an offer). A binding offer is only triggered when the customer has entered all the data required for the execution of the contract, confirmed that they have read the GTC and any cancellation conditions and clicked on the ‘reserve’ button. Sending the order is deemed to be an offer by the customer to conclude a contract. Receipt of the order is subsequently confirmed to the customer (by telephone, in writing, by sending an e-mail or by a system message). This confirmation does not constitute acceptance of the offer, but merely documents that the order has been received by Säntis-Schwebebahn AG (confirmation of receipt). The contract is only concluded when Säntis-Schwebebahn AG accepts the customer's offer and expressly confirms the order (order confirmation).
If the customer has only sent a non-binding request for a quotation by telephone, in writing or by e-mail, the reply from Säntis-Schwebebahn AG constitutes a binding offer to conclude a contract. In this case, the contract is concluded with the express acceptance of the offer by the customer.
3 Contract fulfilment and cancellation
Säntis-Schwebebahn AG undertakes to fulfil the contractual services correctly. If the fulfilment of the contract becomes impossible for reasons for which Säntis-Schwebebahn AG is solely responsible, or is cancelled by Säntis-Schwebebahn AG, any payments already made by the customer will be refunded. Any outstanding claims of Säntis-Schwebebahn AG against the customer arising from the cancelled booking will be cancelled. This also applies if the fulfilment of the contract is impossible for reasons for which Säntis-Schwebebahn AG is not responsible, or is cancelled by Säntis-Schwebebahn AG, and the customer proves that they are not at fault. If the customer cancels a service, the respective cancellation conditions of Säntis-Schwebebahn AG and/or the transport companies shall apply. The cancellation conditions are brought to the customer's attention during the ordering process and become part of the contract when the order is placed.
4 Liability of Säntis-Schwebebahn AG
Säntis-Schwebebahn AG is liable for intent and gross negligence in the cases mentioned in this section in which Säntis-Schwebebahn AG acts as organiser. Liability for slight negligence and liability for auxiliary persons is excluded. Säntis-Schwebebahn AG is in no case 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.
For consumers who have their habitual residence in a member state of the EU, Säntis-Schwebebahn AG is liable without limitation in the cases mentioned in this section, in which Säntis-Schwebebahn AG acts as organiser, for damages caused intentionally or through gross negligence by Säntis-Schwebebahn AG or its vicarious agents, for culpably caused bodily injury and for liability in accordance with applicable mandatory liability provisions. In the event of a slightly negligent breach of essential contractual obligations, Säntis-Schwebebahn AG's liability is limited to the amount of damage typically foreseeable at the time of conclusion of the contract. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. Säntis-Schwebebahn AG is not liable for the breach of non-essential contractual obligations and also not if the damage to the customer was caused by the customer himself or by third parties whose fault Säntis-Schwebebahn AG is not responsible for according to the statutory provisions.
The customer is solely responsible for the safe storage of valuables at events organised by Säntis-Schwebebahn AG.
IV. Procurement of third-party services
1. Third parties as organisers and contractual partners of customers
If Säntis-Schwebebahn AG arranges third-party services (e.g. group offers, etc.) by publishing corresponding third-party offers on its own website or by arranging them via the event team, the contract for the content of the third-party service is concluded between the customer and the corresponding third-party organiser. Säntis-Schwebebahn AG is not a party to the contract. These services are therefore subject to the general terms and conditions of the third parties. In addition to the general terms and conditions of the third parties, their general terms and conditions also apply insofar as the use of the websites themselves and the conclusion of the contract with third parties via the websites are concerned. In this constellation, the customer is therefore subject to both the general terms and conditions of third parties and their general terms and conditions. In the event of contradictions between the two documents, the provisions of the general terms and conditions of the third party shall take precedence with regard to the purchase contract between the customer and the third party.
2 Conclusion of a contract with third parties
The presentation of goods and services of third parties on the websites of Säntis-Schwebebahn AG does not constitute a legally binding offer, but a non-binding online catalogue (invitation to submit an offer). If the customer has only sent a non-binding request for a quotation by telephone, in writing or by e-mail, the reply received constitutes a binding offer to conclude a contract with the third party. In this case, the contract with the third party is concluded upon express acceptance by the customer.
3 Contract fulfilment and cancellation
The third party is solely responsible for the fulfilment of the contract as the customer's contractual partner. The general terms and conditions of the third party are authoritative. Säntis-Schwebebahn AG provides no guarantee for the correct fulfilment of the contract by third parties. Any complaints must be addressed exclusively and immediately to the third party/parties.
The cancellation conditions of the third party, if any, which were accepted by the customer at the time of the enquiry or order, shall apply.
4. Exclusion of liability
Säntis-Schwebebahn AG is not liable for damages incurred by customers in connection with the services of third parties. Any claims for damages must be addressed to the third party/parties. The relevant provisions in the general terms and conditions of the third party apply.
V. Terms of payment and prices
Unless otherwise agreed in writing by the parties in individual cases, selected debit and credit card payments as well as on-site cash payments can be accepted.
If the customer pays by debit or credit card, he/she shall simultaneously transmit the card details to Säntis-Schwebebahn AG when placing the order. After proof of legitimisation as the legitimate holder of the card, Säntis-Schwebebahn AG will request the card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit or debit card company and the card is debited. Säntis-Schwebebahn AG reserves the right to issue an advance invoice for confirmed services.
All prices quoted are in Swiss francs CHF including VAT. For cash payments on site, euros can also be accepted at the current daily exchange rate of the price in CHF. However, customers are not entitled to payment in EUR. Shipping costs may be added to the prices quoted. Customers will be informed separately about the shipping costs during the order process.
VI Intellectual property / intellectual property rights
All intellectual property rights (in particular copyright, trademark, design and patent rights) to the content of this website are reserved. The owner of the protected elements is either Säntis-Schwebebahn AG or third parties who have consented to the use of the elements by Säntis-Schwebebahn AG. Visitors to the website are granted neither a right of ownership nor a right of use to elements of the web pages or software, in particular no licence to content protected by copyright or trademark law.
The content and all elements on the website may only be downloaded or printed provided that no copyright notices or other protected designations are removed and provided that the source is acknowledged. Säntis-Schwebebahn AG expressly reserves all rights.
The complete or partial reproduction, transmission, modification or use of the websites or apps for public or commercial purposes is prohibited without the prior written consent of Säntis-Schwebebahn AG and without full acknowledgement of the source.
VII Data protection
The collection and processing of personal data by Säntis-Schwebebahn AG is explained in the data protection declaration. This forms an integral part of these GTC and customers declare that they have taken note of it and agree to it. The data protection declaration is available under Data protection. Privacy abrufbar.
VIII. Common final provisions
1. Severability clause
Should any provision of these GTC be invalid in whole or in part, it shall be replaced by an equivalent provision which comes closest to the economic value of the invalid provision. This shall not affect the validity of the remaining provisions.
2. Adaptation of the GTC
Säntis-Schwebebahn AG reserves the right to amend these GTC at any time. The currently valid version is published on this website and applies to orders placed from the date of activation. The version valid at the time of the order is authoritative.
3 Place of jurisdiction and applicable law
The contractual relationship between Säntis-Schwebebahn AG and the customer is governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers who have their habitual residence in a member state of the EU, the mandatory consumer protection provisions of that state also apply. Subject to a mandatory place of jurisdiction, the courts at the registered office of Säntis-Schwebebahn AG shall have jurisdiction over disputes between Säntis-Schwebebahn AG and its customers. For consumers who have their habitual residence in a country other than Switzerland, jurisdiction is determined by the applicable legal provisions.
Version no. 1, 31.12.2022