For better understanding by English-speaking persons, the General Terms and Conditions (GTC) of Andermatt-Urserntal Tourismus GmbH have been automatically translated from German into English by an online translation service programme. The content of this document may therefore differ slightly from the German version. However, only the German version of the GTC is legally binding.
For reasons of readability, the masculine form is used in the following text, but the information refers to members of both genders.
The following GTC govern the legal relationship between the customer and Andermatt-Urserntal Tourismus GmbH (hereinafter referred to as AUT GmbH), Gotthardstrasse 2, 6490 Andermatt, for all bookings made on the website www.andermatt.ch and via the AUT GmbH reservation centre. AUT GmbH reserves the right to amend these GTC at any time without prior notice. The version at the time of the booking is authoritative. These GTC form an integral part of the contract.
1. Scope of application
The GTC apply to all services to be provided by AUT GmbH for the benefit of legal entities or natural persons. General terms and conditions of contract which deviate from these GTC are only applicable if they are expressly recognised in writing by AUT GmbH.
In addition to these GTC, the "Special Terms and Conditions" (abbreviated to “BGB” for “Besondere Geschäftsbedingungen”) of AUT GmbH listed in the second part shall apply to individual services.
2. The services of AUT GmbH
AUT GmbH provides the following services to the customer as described in these GTC and any other applicable contractual documents:
2.1 AUT GmbH is an intermediary for tourism services
If AUT GmbH acts as an intermediary, the contract is concluded directly between the customer and the service provider. In this case AUT GmbH acts only as a concluding agent with power of collection within the meaning of Art. 418a et seq. of the Swiss Code of Obligations for the service provider (contractual partner of AUT GmbH) and is therefore not liable for the correct fulfilment of the contract.
2.2 AUT GmbH's own sales services
If AUT GmbH offers services or products in its own name, it is liable as the customer's contractual partner.
3. Conclusion of contract
3.1 Conclusion of the contract via the website
By placing services and goods in his shopping basket and pressing the "Order with costs" button, the customer makes a binding request to the service providers selected by him to conclude the contracts in accordance with the individual items in the shopping basket. The confirmation from AUT GmbH can be made in writing or by e-mail. From this point in time the rights and obligations arising from the contract (incl. GTC) become effective for all contracting parties.
3.2 Conclusion of the contract via the reservation centre
It is possible to book services via the reservation centre of AUT GmbH. Upon request, the reservation centre will prepare a non-binding travel proposal (offer, quotation). The availability of the proposed services is not guaranteed. By instructing AUT GmbH to make a booking, the customer submits a binding booking request to AUT GmbH or the selected service providers. The customer is bound by this request for as long as it takes in the normal course of events (in particular the selected means of communication) for him to receive the acceptance of the booking. The contract is definitively concluded with the sending of the booking confirmation. From this point in time, the rights and obligations arising from the contract (including the GTC) become effective for all contractual partners.
After booking, the customer receives written confirmation (booking confirmation) with all essential details about the booked service. Any discrepancies must be notified to AUT GmbH immediately after receipt. If the customer fails to comply with this obligation, AUT GmbH's liability in respect of any resulting damage is excluded. The confirmation shall be deemed to be proof of the contracts concluded. However, it is not valid in every case as a voucher, ticket or e-ticket for the purchase of the resulting services.
3.4 Content of the contract
The content of the contract results from the services compiled by the customer in the shopping basket, the booking with the reservation centre and the booking confirmation in connection with the associated service descriptions.
3.5 Subsequent bookings
If a person books for further participants, he shall be liable for their contractual obligations, in particular for the payment of the services, as for his own obligations. The number of persons stated in the contract must be respected in any case, otherwise the contract can be cancelled without compensation.
3.6 Services compiled by the customer
a. The customer can put together the services posted on the AUT GmbH website, e.g. hotels, excursions, equipment, to create a complete holiday stay tailored to his needs. The customer himself is responsible for the selection, compilation and coordination of the individual items with each other (in terms of time, location etc.). AUT GmbH has no obligation to check the composition of the shopping basket for the correct selection, composition and coordination of the individual items.
b. Even if the customer books different services at the same time, he concludes a separate contract with the selected service provider for each item in the shopping basket. Each contract exists independently of the other booked services.
4. Means of communication used/transmission of data
AUT GmbH has fulfilled its notification obligation as soon as the corresponding data has been sent by e-mail from the AUT GmbH system. At this moment the risk for the correct e-mail delivery or the display of the corresponding internet pages on the customer's screen is transferred to the customer. If discrepancies occur during the booking process, if no error message appears after the "Book with costs" button has been pressed or if the confirmation e-mails etc. do not reach the customer within a reasonable period of time, the customer must contact AUT GmbH immediately. In the case of e-mails, the time of delivery is deemed to be the time of receipt by AUT GmbH. In the case of postal traffic, it is assumed that letters with priority delivery have been delivered no later than four days after posting at a Swiss post office, even abroad, unless there is proof to the contrary.
5. Performance specification
The services advertised on the website or in brochures are not binding offers on the part of AUT GmbH or the individual service providers. The service providers prepare the service descriptions etc. on their own responsibility. AUT GmbH and the individual service providers reserve the right to change invitations to tender and prices at any time or to discontinue services in whole or in part. The information and prices in the shopping basket before the final booking are decisive for the conclusion of the contract.
6. Prices, ancillary costs and terms of payment
AUT GmbH is entitled to increase the prices in the event of the introduction or increase in fees, charges and taxes as well as transport costs after conclusion of the contract. Price increases for package arrangements are governed by AUT GmbH's "BGB for the sale of packages".
Unless otherwise stated, prices are in Swiss francs and include VAT.
6.2 Visitor's tax and additional costs
Any visitor's tax is not included in the rental prices. AUT GmbH is entitled to provide the name, address and date of birth of the customer as well as the occupancy data to the public authorities on request. If any ancillary costs (e.g. visitor's tax) are not included in the price, they will be listed separately.
6.3 Terms of payment
The services according to the individual basket items are to be paid for upon conclusion of the contract, unless otherwise stated on the booking confirmation or in the booking process. If the credit card payment is not honoured or the credit is revoked, this will be considered a cancellation and the cancellation costs will be charged in accordance with the conditions of the booked services. In the event of late or non-payment, AUT GmbH or the service provider are entitled to refuse the service to be provided on the basis of the contract and to withdraw from the contract. Cancellation costs will be incurred in accordance with the BGB of AUT GmbH.
7. Modification or cancellation of a booking/order
a. AUT GmbH must be notified in writing of cancellations or changes to a booking/order (the relevant contact details can be found on the booking confirmation) and are only valid with its written consent. The customer is entitled to provide a substitute customer on the terms agreed with him if he is unable to attend.
b. The cancellation or rebooking of an individual service does not affect the other contracts concluded. These shall remain in full force and effect.
c. If a booking/order is changed or cancelled by the customer, the customer must pay the cancellation costs and the processing fees in accordance with the BGB. The decisive date for calculating the cancellation date is the date on which AUT GmbH receives the notice of amendment or cancellation (on Saturdays, Sundays or public holidays the next working day applies).
d. Refunds of payments already made will be made by AUT GmbH within 30 days of the cancellation/change of booking less any booking/change of booking fees.
8. Conditions of participation, obligations to cooperate of the customer and other participants
Depending on the service booked, there may be conditions of participation or obligations to cooperate. The customer and any other participants undertake to comply with these conditions and to follow the instructions of guides, ski instructors, snowboard instructors, mountain guides, etc. The customer and other participants acknowledge that they may be excluded from an activity by guides, ski instructors, snowboard instructors, mountain guides, etc. if these conditions are not met or the instructions are not followed. In this case, the price paid will not be refunded. In addition, this may lead to the loss of all rights to compensation and other rights.
9. Disruptions in the execution of the contract
a. The service provider shall be entitled to change the agreed service or to offer a substitute or to provide a substitute service in the event of important reasons, unforeseeable or unavoidable circumstances.
b. If the fulfilment of the contract by the contractual partner is made impossible or impaired due to force majeure, the contractual partner is entitled to withdraw from the contract - with reimbursement of the services not received by the customer. In this case, there shall be no claim for damages. The same applies in the event that services are not carried out because the minimum number of participants is not reached.
c. Should the commencement of the rental/service be delayed for reasons not attributable to the service provider, the client shall not be entitled to a price reduction. In the event of premature departure by the client, there shall be no refund claims.
d. AUT GmbH or its booking offices are entitled to cancel the booked services if the customer gives justifiable cause for this through actions or omissions.
a. Any defects or damage suffered must be reported to the contracting partner and AUT GmbH without delay.
b. In the case of intermediary transactions, the rectification of defects is carried out exclusively by the direct partner. The customer cannot make any claims against AUT GmbH as a result of this.
c. In the event of disruptions, each customer is obliged to cooperate within the framework of the legal provisions in order to avoid or minimise any damage.
11. Use and return of the rented property
a. The rented property must be used and treated with the utmost care by the client. It may only be used by the number of persons (including children) specified in the contract.
b. The customer is not permitted to allow third parties to use objects rented from AUT GmbH.
c. The customer is liable for any damage unless he can prove that it occurred through no fault of his own (or that of other users). Damage must be reported immediately to the contracting partner and AUT GmbH.
d. The rented property shall be returned to the contracting party in due form on the last day of the rental by the time specified in the contract.
a. AUT GmbH is liable to the customer within the scope of its intermediary activities for the proper booking and reservation of the rental property and for the proper performance of services. AUT GmbH is not liable if non-fulfilment or incorrect fulfilment is due to the following causes:
b. AUT GmbH is liable for its own package tours and services within the framework of the statutory provisions (in the case of package tours in accordance with the Federal Package Travel Act). Where international agreements, national laws based on international agreements or national laws that limit or exclude liability apply, AUT GmbH is only liable within the scope of these international agreements and laws.
c. The liability of AUT GmbH for slight negligence is excluded.
d. Liability for any product damage is governed by the Product Liability Act. Any further liability for damage incurred by the customer through the use of the rental objects provided or arranged by AUT GmbH is expressly excluded.
e. In the case of intermediary transactions AUT GmbH declines all liability for claims by the customer relating to the rental property or the service. Any claims arising from non-fulfilment or poor fulfilment of the contract, damage and defects (including those occurring later) are to be addressed exclusively to the service provider (e.g. landlord of the holiday flat or house or hotel).
f. For damage other than personal injury, i.e. damage to property and pure financial loss, liability is limited to twice the booked price per person (unless the damage was caused by gross negligence or intentionally). Further limitations or exclusions of liability in applicable international agreements, national laws based on international agreements or national laws and these General Terms and Conditions remain reserved.
g. AUT also accepts no liability:
13. Further exclusions and limitations of liability
a. In the case of services other than own services or package tours, liability for auxiliary persons is excluded (Art. 101 CO).
b. AUT GmbH is not liable for the availability or operation of means of transport and public facilities such as swimming pools, tennis courts, shopping facilities, catering establishments, accessibility of hiking and cycling trails or ski slopes, which are mentioned for information purposes on the platform or in brochures, catalogues by AUT GmbH.
c. AUT GmbH is not liable for damages in connection with excursions, events, etc. that the customer books himself during the stay or trip "on site" (third-party services). This also applies if the corresponding documents are available in a facility that is attributable to AUT GmbH or are described on the website.
d. AUT GmbH is not liable for "wasted holiday time", "frustration damage" etc.
14. Operation of the AUT GmbH websites and links
a. AUT GmbH makes every effort to keep the information and details on its websites up to date. Nevertheless, it accepts no liability for the completeness or accuracy of the information and details. In particular, AUT GmbH does not guarantee uninterrupted operation or uninterrupted accessibility of the web pages. AUT GmbH accepts no liability whatsoever for the consequences of an interruption in operation, failure of the web pages, disturbed or interrupted communication, failure to transmit messages or interruption of the booking process. This applies in particular, but not exclusively, to indirect and consequential damage, loss of profit or loss of use of any kind.
b. The use of external websites or parts thereof is the sole responsibility of the user/customer. AUT GmbH is not liable for the content of such websites or that they are free of malware (such as viruses etc.).
c. The websites operated by AUT GmbH contain general information on localities, weather conditions, opening hours of shops, restaurants and public facilities, swimming pools, sports facilities, calendar of events, events etc.. This information is for general guidance. They are not explicit or implicit assurances on the part of the service providers or AUT GmbH and do not become part of the contract. Such services may be offered by third-party companies (third-party services), for which neither AUT GmbH nor the booked service providers are responsible.
15. Non-contractual and quasi-contractual liability
The non-contractual and quasi-contractual liability is governed by the applicable legal provisions, whereby further liability exclusions or liability limitations of these GTC take precedence.
16. Data protection
17. Severability clause
a. If individual provisions of the contract, these GTC, the BGB or the GTCU are invalid or ineffective, they shall be replaced by a valid or effective provision that comes as close as possible to the original intention of the parties.
b. The invalidity or ineffectiveness of individual provisions shall not affect the validity or effectiveness of the contract.
18. Applicable law and place of jurisdiction
The relationships between AUT GmbH and its customers (principals, purchasers) shall be governed exclusively by Swiss law, to the exclusion of any rejection or conflict of law rules. This choice of law clause also covers the question of the formulation and validity of the contract. The application of the "Vienna Sales Convention" (United Nations Convention on Contracts for the International Sale of Goods, CISG) is expressly excluded. Mandatorily applicable provisions that cannot be modified by contract remain reserved. Andermatt is agreed as the exclusive place of jurisdiction.
© 2021 Andermatt-Urserntal Tourismus GmbH in Andermatt, Switzerland.