General Terms and Conditions of Business
I.1 Scope of application
These General Terms and Conditions of Business of the Matterhorn Gotthard Railway Limited Company apply to all reservations with the Matterhorn Gotthard Railway Limited Company made via all webpages.
The Matterhorn Gotthard Railway Limited Company having its registered office in Brig-Glis is the designation used for all direct and indirect interests of BVZ Holding AG, which operates railways on the railway network of Matterhorn Gotthard Railway Limited Company and the Gornergrat Bahn and/or makes the necessary infrastructure available for that purpose.
This concerns in particular but not exclusively the BVZ Asset Management AG having its registered office situated in Zermatt, the Gornergrat Bahn AG having its registered office situated in Zermatt, the Matterhorn Gotthard Verkehrs AG having its registered office situated in Brig, the Matterhorn Terminal AG Täsch having its registered office situated in Täsch, the Zermatt Bergbahnen AG having its registered office situated in Zermatt and the Gornergrat Experience AG having its registered office situated in Zermatt.
I.2 Data protection
No personal data are in principle left behind on visiting our Internet pages. Details of name and/or address however are needed in individual cases. The necessity for this kind of personal information will be separately pointed out in each case.
The Matterhorn Gotthard Railway Limited Company may use customer data which is made available in connection with the offer of products and services by the Matterhorn Gotthard Railway Limited Company, for advertising purposes.
I.3 Liability of the user of the Web site
All particulars published on the Internet (prices, online calculations, reservations etc.) are subject to correction. The Matterhorn Gotthard Railway Limited Company accepts no liability for Internet breakdowns, losses caused by third parties, or imported data of any kind, in particular viruses, worms, Trojan horses etc. Perfect functioning of hardware and software cannot be guarantied. The Internet pages may contain technical inaccuracies or typographic errors. The Matterhorn Gotthard Railway Limited Company accepts no liability of any kind for any direct, indirect, special or other consequential losses arising from use of the Internet pages of the Matterhorn Gotthard Railway Limited Company or on account of the Internet sites linked to them. All liability for loss of profits, operational breakdowns, loss of programs or other data in the information systems of customers, is also excluded. This also applies if the Matterhorn Gotthard Railway Limited Company shall have been expressly advised of the possibility of such damage.
II. Terms of payment
The products and services of the Matterhorn Gotthard Railway Limited Company are offered in Swiss francs (CHF). The Matterhorn Gotthard Railway Limited Company may alter prices at any time and require payments in advance from its customers. Statutory taxes and levies shall be assessed separately and may likewise be subject to a price adjustment at any time.
II.1 Payment with credit card
The credit card number with expiry date and card validation code (CVC) shall be given on payment by means of credit card (VISA, MasterCard etc.). The Matterhorn Gotthard Railway Limited Company accepts no liability for Internet breakdowns, losses caused by third parties, interruptions in operation, loss of data communicated etc.
II.2 Payment on receipt of invoice
The customer undertakes to pay sums charged within the agreed payment period. He shall automatically be in arrears after expiry of the period and shall pay default interest of 5%. The Matterhorn Gotthard Railway Limited Company may require payment in advance, provision of security or details of the credit card number.
If customers obtain vouchers from the Matterhorn Gotthard Railway Limited Company for its products and services, these products and services shall be purchased at the latest by the expiry date stamped on the vouchers.Vouchers may not be exchanged for cash and may be neither exchanged or refunded.
II.4 Absence of confirmation of payment on use of the service
II.5 Duties of the customer
The information requested by the Matterhorn Gotthard Railway Limited Company for booking shall be given fully and correctly, e.g. first name and last name, current address (not post box) and telephone number, credit card details, as well as valid e-mail address.
The customer bears responsibility for all costs, fees, taxes and valuations that arise from using this website.
The customer shall make use of the services personally and he is not authorized to transfer services to third persons. Likewise, there is no claim to a specific seat or space to stand in the offer of services made by the Matterhorn Gotthard Railway. The customer shall accept the seat or place allocated to him.
III. Refund and cancellation
The customer shall have no claim to reimbursement or compensation if he has booked a service but fails to appear at the agreed date or otherwise fails to make use of a product or service.
Similarly, there is no claim to refund or time extension in the event of sickness, accident or breakdown in operation, with the exception of III. 2 following. The tariff conditions set out in section 600.9 shall apply in all other cases.
III.2 Cancellation by the customer
III.2.1 Single passenger
The conditions for the particular product apply for cancellation of services for individual passengers. Goods and services (tickets, reservations, menues, etc.) purchased via the Internet cannot be cancelled or exchanged and no refund can be made.
The complete costs will be refunded if the customer shall be prevented from travelling as a consequence of sickness or accident at the beginning of the journey and he can produce a valid doctor’s certificate.
III.2.2 Group travel
The following cancellation conditions apply for groups from 10 persons upwards:
III.3 Cancellation by the Matterhorn Gotthard Railway Limited Company
The customer shall have the choice between a comparable alternative (if available) or a refund, if the booked service shall of necessity be cancelled by the Matterhorn Gotthard Railway Limited Company by reason of circumstances that shall not be attributable to force majeure. There shall be no right to compensation in the event of force majeure.
It is recommended that the customer himself obtains insurance for luggage, accident and/or cancellation costs.
The pictures and films in the media data bank are freely available to private persons for their own private purposes. Journalists may use the pictures for editorial utilization in their media without charge. Commercial exploitation of pictures (advertising and other commercial applications) is subject to charge and requires the formal approval of the MGBahn as owner of copyright.
All pictures and films offered are legally protected. A use of pictures that distorts the meaning, is discriminating, or adversely affects the interests of the MGBahn is not permitted. Publication of pictures only with acknowledgement of copyright: © Foto MGBahn
Pictures in the on-line picture archive may not be altered without the permission of Goms Tourismus or the photographer concerned and may be used only in the original.
Ownership of pictures in the on-line picture archive remains with the Matterhorn Gotthard railway or with the appropriate photographer.
V. Closing provisions
These General Terms and Conditions of Business come into force on 1st July 2009.
Contractual additions and amendments shall be valid only by mutual agreement and in written form.
V.3 Invalid provisions
Voidness, invalidity or unenforceability or individual provisions of this contract shall not affect the validity of the remaining contractual conditions.
Any provisions in this contract that may be ineffective shall be replaced by conditions corresponding with the aim and purpose of the agreement.
The present contract shall be supplemented according to its aim and purpose, if there shall be omissions.
V.4 Applicable law and place of jurisdiction
This contract is subject to the law of Switzerland unless provided otherwise by overriding statutory provisions. Disputes arising under this contract shall be solely within the general jurisdiction of the Courts of Justice at the location of the registered office of the Matterhorn Gotthard Railway Limited Company in Brig, Switzerland. Application of the Vienna Sales Law is expressly excluded. The present German language version is authoritative in the event of uncertainty with versions in other languages. Furthermore, the General Terms and Conditions of Business of the Matterhorn Gotthard Railway Limited Company apply unless the present General Terms and Conditions of Business shall take priority by reason of their special application. All correspondence shall be sent to the following address:
Matterhorn Gotthard Bahn, Bahnhofplatz 7, CH-3900 Brig