General Terms and Conditions (GTC)
A. General provisions
The General Terms and Conditions (GTC) apply to all services and products (hereinafter collectively referred to as "services" or "third-party services") provided by the
- Lauchernalp Bergbahnen AG
- Lötschental Marketing AG
- Lötschental Tourism Association
(hereinafter jointly referred to as "Lötschental") via the website www.loetschental.ch as well as at physical points of sale, counters, stores etc.. These GTC shall also apply to the www.loetschental.ch website. By using one of these services, the customer accepts these GTCs.
Special provisions apply to certain services. These are regulated in the corresponding contracts (for example, contracts for rental items or goods transport) and take precedence over any provisions of these GTC.
Special provisions apply to certain services. These are regulated in the corresponding contracts (e.g. contracts for rental objects or transport of goods) and take precedence over any provisions of these GTC.
Other contractual conditions, in particular those which the customer declares to be applicable together with the acceptance of the contract, shall only be valid if and insofar as they have been expressly accepted by Lötschental in writing.
A.2. Conclusion of the contract
In the case of written bookings, bookings via the Internet or other electronic means of communication, acceptance of the booking shall be expressly confirmed to the customer in writing. This confirmation, together with any brochures with service descriptions and the fee to be paid, constitutes the contract (except for automatic booking confirmations). The contract only comes into effect with the delivery of the confirmation by Lötschental. If services are ordered verbally at the designated points of sale, the contract is concluded with the unconditional acceptance of the order by Lötschental. The special provisions regarding third-party services shall remain reserved.
A.3. Information on services and prices
Services are defined in the corresponding offer descriptions. All information (in particular regarding the scope of services) is without guarantee. Lötschental reserves the right to change service descriptions in brochures and on the Internet at any time and without prior notice.
A.3.2 Prices and terms of payment
Unless otherwise stated, prices are inclusive of value added tax and in Swiss francs (CHF). When foreign currencies are accepted, the daily exchange rate set by Lötschental shall apply. Change is given in Swiss francs (CHF).
Lötschental reserves the right to change price information in brochures and on the Internet at any time and without prior notice. In particular, Lötschental has the right to increase prices in the event of the introduction or increase of fees, charges and taxes as well as transport costs after the conclusion of the contract.
Lötschental shall specify the terms of payment in the service descriptions. In the absence of such a specification, the payment term as per Lötschental's invoice shall apply. If payment is not made on time, Lötschental is entitled to refuse the service to be provided.
Discounts or vouchers are only accepted under the conditions shown on the voucher. Discounts not claimed at the time of conclusion of the contract cannot be claimed later. Discounts cannot be accumulated.
Special terms of payment in connection with third-party services remain reserved.
A.4. Disruption of the contract performance
Lötschental is entitled to change the agreed service or offer a replacement if there are important reasons for doing so.
If the fulfillment of the contract is made impossible or impaired by Lötschental due to force majeure, Lötschental is entitled to withdraw from the contract. There shall be no claim for compensation.
Lötschental shall be liable to the customer for the proper performance of the service. Liability shall be excluded if the non-performance or improper performance is due to negligence or to the conduct of the customer or a third party not involved in the provision of the service, or to force majeure or events that cannot be foreseen or prevented. Liability for slight negligence is excluded.
If Lötschental has reasonable grounds to believe that an event for which Lötschental's property is used endangers the smooth operation of the business, the safety or the reputation of Lötschental, Lötschental is entitled to cancel the reservation agreements at any time without compensation.
Any liability of Lötschental for theft in the winter sports area or for damage to property by third parties is excluded.
In the case of third party services, only the respective contractual partner/service provider is liable. A joint liability, which would include Lötschental, is - unless explicitly agreed - excluded. In the case of rented storage depots, no liability shall be assumed for lost objects and valuables.
When transporting goods, the customer must pack the goods or the container in such a way that it complies with the currently applicable safety standards (Euro pallet). Fragile goods are to be packed in such a way that damage cannot occur during transport (recommendation: transport case). Lötschental declines all liability if the relevant requirements are not met.
The special liability regulations in connection with the sale and use of lift tickets and facilities as well as the special liability regulations in connection with third-party services remain reserved.
Lötschental accepts no liability for Internet errors, damage caused by third parties, imported data of any kind (viruses, worms, Trojan horses) or for links from and to other websites.
Lötschental accepts no liability for direct, indirect, special or other consequential damage resulting from the use of the website www.loetschental.ch or any website linked to it. Also excluded is any liability for loss of profit, business interruption, loss of programs or other data in third party information systems. This also applies if the possibility of such damages is expressly pointed out.
A.6. Retention of title
Lötschental shall retain title to the delivered goods until the invoice amount of a delivery has been paid in full (final and unconditional crediting of the total purchase price). In the case of customers domiciled in Switzerland, Lötschental shall be entitled to make a corresponding entry in the retention of title register. If the customer is an entrepreneur exercising his commercial or independent professional activity, a legal entity under public law or a special fund under public law, Lötschental shall retain ownership of the purchased goods until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties. The customer shall only have a right of set-off if his counterclaims have been legally established, are undisputed by Lötschental or are ready for decision. Furthermore, the customer shall only have a right of retention if and to the extent that his counterclaim is based on the same contractual relationship. In the event of defects in the delivery, the customer's counter rights shall remain unaffected.
Lötschental reserves the right to assign or pledge its claims or, in the case of third-party services (Section C), the claims of the service providers against the customer, including any installments due, interest on arrears and reminder fees, to third parties.
A.8. data protection
The use of www.loetschental.ch does not imply that the user is granted any licensing rights with regard to the intellectual property rights to the content of www.loetschental.ch.
www.loetschental.ch and all content posted there (in particular software, files, designs, graphics and data) are the property of Lötschental. Lötschental owns the corresponding rights of use and is protected by the relevant laws regarding intellectual property rights, including copyright and trademark protection. Any unauthorized use of www.loetschental.ch, in particular the use of www.loetschental.ch or its contents for professional or commercial purposes of any kind, as well as the reproduction, display, transmission to others, communication, circulation, distribution, modification, licensing, sale or any other exploitation of this website or its contents, texts, text excerpts, static or animated graphics, audio data, software, goods or services, as well as other data or information, is expressly prohibited without the prior written consent of Lötschental. In particular, methods such as framing and inlinelinking of the website and content are prohibited.
B. Sale and use of lift tickets and facilities
B.1. transportation regulations
With the sale of a lift ticket, Lötschental undertakes to transport the rightful ticket holder and his/her equipment. Included is the use of all prepared and marked ski runs as well as hiking, biking and sledging trails. Sports equipment will only be transported if the infrastructural and safety facilities permit this and the protective regulations concerning game protection and wildlife rest zones are not violated. Restrictions on use may be imposed by Lötschental and/or the authorities for paths and pistes. The published transport regulations as well as the instructions of the railroad or supervisory personnel apply.
For safety reasons, no persons with children will be transported in piggyback, backpacks, other carrying devices or on shoulders on the ski lifts as well as chair lifts. Likewise, the use of the ski slopes and sledding trails is not permitted in this manner.
B.2. Restriction of use
If Lötschental is unable to perform its obligations in connection with the sale and use of lift tickets and facilities as a result of circumstances that Lötschental is unable to avert, or is temporarily or partially unable to perform its obligations, the customer shall have no claims against Lötschental. This applies in particular in the following cases:
- Suspension of operations, piste and path closures as a result of chance, force majeure such as wind and weather influences, power failure, avalanche danger, strikes or official directives.
- Overloading of the transport facilities or overcrowding of the slopes and paths as well as possible waiting times resulting therefrom
- interruptions as well as temporary suspension of operation of parts of the transport facilities due to construction or maintenance work as well as to remedy malfunctions.
In the context of public events, access to individual facilities may not be possible or may be tied to the purchase of a ticket for the event. Furthermore, access to slopes and trails may be blocked.
Lötschental may adjust the offer due to demand, official requirements or weather conditions.
All tickets and season tickets are personal and non-transferable. They are only valid during the published operating hours. Lötschental determines for which tickets a name and/or photo must be recorded.
Lötschental determines the conditions of use. The customer is obliged to comply with the published instructions. These are in particular:
- Instructions from employees
- Closures of slopes and paths
- Markings, warning signs and instructions for the use of the ski runs
- FIS rules
- Trail tolerance rule
Furthermore, reckless behavior or drunkenness/drug abuse will not be tolerated. In such cases, Lötschental reserves the right to withdraw the lift ticket from customers.
Lötschental facilities and equipment must not be damaged or contaminated. Any repair or cleaning costs are to be paid by the person causing the damage.
B.4. Costs for rescue operations
If a customer suffers an accident while using the railroad facilities or the prepared and controlled slopes in the Lötschental snow sports area, the rescue service of the mountain railroads can be called upon.
The use of the rescue service will be charged according to the costs incurred by Lötschental (personnel services, material costs, etc.).
All third-party costs in connection with rescue operations (e.g. helicopter transport, doctor's visits, ambulance) are to be paid directly by the customer.
B.5. variant skiing | game and forest protection zones
The slopes of the mountain railroads are laid out in open terrain. Small forest parcels are considered protected forest and game protection zones and are skirted. Trees and shrubs should not be damaged and game should not be disturbed or driven out of their refuges. The forest and game protection zones are marked accordingly. The customer is expressly requested to observe the signs posted by the mountain railroads. Driving in closed or marked forest and game protection zones may result in the revocation of the personal ticket or even a report to the relevant authorities.
B.6. Complaints | Liability
Any complaints by the customer concerning the provision of services by Lötschental in accordance with section B must be addressed to the mountain railroad immediately. The mountain railroads shall be liable for personal injury and damage to property in accordance with the provisions of the GTC. Subsidiarily, the relevant provisions of the Swiss Code of Obligations shall apply. To the extent permitted by law, liability is limited to gross negligence and wilful misconduct.
Liability of the mountain railroads for damage to property and personal injury is excluded in particular in the case of accidents resulting from
- Failure to observe instructions and markings and leaving the secured and controlled slopes
- failure to comply with instructions and warnings issued by the cableway staff or the piste and rescue services
- disregarding warnings about avalanche hazards
- negligent or intentional misconduct on installations, slopes and paths
- practicing high-risk sports such as freeriding, downhill and enduro biking, paragliding etc.
In all other respects, the liability of the mountain railroads is essentially based on the guidelines of the traffic safety obligation for snow sports slopes. Furthermore, liability for accidents on bike, hiking and sledding trails is excluded.
Lubricants are used as part of the maintenance of the transport facilities and abrasion can occur on guide rollers as a result of operation. Depending on the weather, this can lead to slight soiling of clothing. To the extent permitted by law, the mountain railroads are only liable in the event of improper use of lubricants. In this case, liability is limited to the value according to the time value table for the life expectancy of winter sports clothing (max. 4 years).
Lötschental is liable for personal injury or damage to property as a result of non-fulfillment or improper fulfillment of the contract within the framework of these GTC and the applicable national laws.
B.7. Use of the lift tickets
If a lift ticket is for one or more specific days, it cannot be transferred to other days. Unused days are not refundable.
Lift tickets, cannot be refunded.
Purchased tickets are generally not exchanged, changed, returned or refunded.
In the case of Verbund subscriptions with other areas, the provisions for the respective card take precedence over the provisions of these GTC.
B.9.2. Loss of the lift ticket
In the event of loss, multi-day tickets will be replaced upon presentation of the purchase receipt (blocking number receipt). Day tickets as well as single rides will not be replaced in case of loss.
B.9.3. Keycard deposit fee
Lift tickets are issued on a keycard or other compatible data carrier. When a keycard is handed in, a deposit of CHF 5.00 will be charged, which will be refunded upon return. Defective data carriers will be replaced free of charge, provided the data carrier has not been wilfully damaged.
B.9.4. Misuse | Identification obligation
Employees of the mountain railroads and authorized control personnel are entitled to check tickets at any time. Upon request, the ticket holder must identify himself/herself by means of a valid identity card or equivalent. Identification for a specific discount (e.g. disability card) must be presented at all times.
If ticket misuse, such as the use of tickets by/for third parties or falsification/passing on of tickets, is detected, this will result in the immediate revocation of the ticket. At the same time, the following handling charges will be levied:
- Single trips/daily tickets: CHF 200.00
- Multiple day tickets up to 4 days: CHF 300.00
- Multiple day tickets from 5 days: CHF 400.00
- Use of the facilities without a ticket: CHF 500.00
If it is not possible to determine whether a violation has occurred due to missing IDs, the circulation costs will be collected until the corresponding ID is available. In addition, the day ticket price must be paid in arrears. In case of repetition, the data carrier will be confiscated, the deposited ticket will be deleted and criminal charges will be filed.
C. Offer by service provider
C.1. Contractual relationship
Service providers of the Lötschental vacation region (hereinafter referred to as "Service Providers") provide, among other things, third-party services relating to hotels, vacation apartments, group accommodation, sports stores, experiences, activities and snow sports schools (hereinafter referred to as "Third-Party Services").
Lötschental operates a reservation system on the internet portal www.loetschental.ch, which makes it easier for customers to book third-party services online. Lötschental brokers the third-party services of the service providers in their name and on their account. Contracts for third-party services are concluded exclusively between the respective service providers and the customers.
In the case of arrangements, experiences and events, Lötschental itself may act as the provider. The provider is its contractual partner and is listed by name in the travel documents.
C.2. Information about third-party services
Lötschental provides the published information for the object, rooms, apartments and other third-party services. The service provider updates this information and bears sole responsibility for the accuracy of the information at the time of booking.
The third party services result from the service description on the Internet and the confirmation. Special requests or ancillary agreements are only part of the contract if they have been unconditionally confirmed by the service provider or Lötschental on behalf of the service provider.
C.3. terms of payment
For hotels and apartments: The terms of payment of the landlord/hotelier apply.
For arrangements, additional services, experiences, activities and events: Booked third-party services are to be paid directly at the time of booking by credit card/online payment. Payment on account is only possible if this is explicitly offered.
If payment is not made on time or credit card payments are not honored, Lötschental shall set a short grace period for the customer on behalf of the service provider. If this grace period expires unsuccessfully, the contract shall be deemed cancelled and the cancellation conditions according to these GTC shall apply.
The prices for the third-party services can be found in the invitation to tender on the Internet or in the confirmation. The prices in Swiss francs (CHF) are authoritative. Prices in other currencies are for information only and are not binding. Invoices are issued in Swiss francs and are to be paid in Swiss francs. Credit card charges are also made in Swiss francs. In the description of the individual accommodations, any additional costs to be paid on site are listed.
In the case of vacation apartments and vacation homes, the service provider may demand a deposit upon handover of the keys, the amount of which can be found in the service description.
C.4. Cancellation conditions
The cancellation conditions of the landlord/owner apply, which can be seen in the reservation system before the booking is made.
C.5. Changes in services and prices
The service providers expressly reserve the right to change service descriptions and prices prior to the conclusion of the contract. The service provider or Lötschental shall inform the client of any changes upon conclusion of the contract.
After conclusion of the contract, the Provider of Service reserves the right to change the services in the event of unforeseeable or unavoidable events or force majeure. The Provider of Service shall endeavor to offer equivalent substitute services. If this is not possible or if, in the event of a material contractual change, the Client rejects the substitute service for good cause within five days of receipt of the notification, the amount already paid shall be refunded to the exclusion of any further claims.
After conclusion of the contract, the Service Provider reserves the right to dissolve the contract without compensation within three working days of its conclusion in the event of erroneously communicated contractual conditions (in particular concerning the price or the availability of the service). He shall endeavor to offer a new contract for an equivalent third-party service. If this is not possible or if the customer rejects the new offer within five days of receipt of the notification, the amount already paid shall be refunded to the exclusion of any further claims.
Price increases as a result of increases in charges and taxes (in particular value added tax or visitor's tax) or the introduction of new comparable charges and taxes remain reserved. Likewise, price increases due to the increase of transport costs or the introduction of levies on certain services are reserved. In this case, the customer will be informed up to 30 days before the start of the contract. In the event of an increase of more than 10% of the price (excluding any additional costs such as visitor's tax), the customer may withdraw from the contract free of charge within five days of receipt of the notification. In this case, the amount already paid will be refunded to the exclusion of any further claims.
C.6. Handover of the object of the contract and arrival
Information on arrival and handover are listed in the booking confirmation and/or are agreed between the service provider and the client.
C.7. Obligations and duties of the customer for vacation apartments, vacation homes, hotels and group accommodation.
The booked object may be occupied by no more than the number of persons listed on the confirmation. The conditions of use of the respective contractual object (in particular the regulations regarding pets, smoking or noise), which are stated in the service description, as well as the house rules are to be observed.
If the Client violates the aforementioned conditions or if the Client (or any co-users) excessively and/or repeatedly disturbs uninvolved persons, the Service Provider may grant the Client a short grace period to remedy the situation that is in breach of the contract and, if the grace period expires without success, terminate the contract without notice. The price paid shall not be refunded. Claims for damages on the part of the service provider remain reserved. Unless otherwise agreed, the object of the contract shall be returned in a swept clean condition.
The Client shall be liable to the Service Provider for careful use of the contractual object. In particular, the Client shall also be liable for damage caused by other users. If damage occurs, the Provider of Service may retain a reasonable amount of the deposit to remedy the damage. The liability of the Client shall not be limited to the amount of the deposit. The Service Provider shall provide the Client with a statement of account after the damage has been repaired.
If the booked third-party services cannot be provided due to unforeseeable or unavoidable events or force majeure (in particular natural events or official measures), the contract may be terminated by the Service Provider without compensation. Amounts paid shall be refunded in full. Further claims are excluded. Withdrawal on the part of the Client is only possible if the Service Provider is unable to provide a substitute service.
Any liability is excluded to the extent permitted by law. Information about factors independent of the object of the contract, such as availability and opening hours of public facilities such as swimming pools and restaurants, as well as climatic conditions and availability of independent service providers are without guarantee.
Lötschental is responsible for the correct booking, whereby no liability is assumed for the service providers, their assistants, the sales intermediaries used, lost vacation time and/or frustration damage. Lötschental excludes any liability to the extent permitted by law.
C.9. Complaint, complaint period and request for remedy
If the trip does not correspond to the contractual agreement or if the customer suffers damage, the customer is obliged to complain to the service provider immediately, i.e. on the same day if possible, about this defect or damage and to demand free remedy.
The service provider or Lötschental (if the provider cannot be reached) on behalf of the service provider will endeavor to remedy the situation within a reasonable period of time. If no remedy is provided within a reasonable period of time or if it is not sufficient, the customer can have the service provider resp. Lötschental confirm in writing that the customer has complained about the defect or reported the damage. Lötschental or the service provider's assistants are not entitled to recognize claims etc. on behalf of the service provider.
Deficiencies, reimbursements or claims for damages etc. against the service provider must be reported to the service provider in writing within one month of the contractual end of the trip. After the one-month period has expired, the customer loses all claims against the service provider and Lötschental, insofar as this is legally permissible.
C.10. Ombudsman for the Swiss travel industry
The ombudsman for the Swiss travel industry must be contacted prior to a legal dispute. In the event of discrepancies between customers and Swiss travel companies, he endeavors to find a fair and balanced solution for both parties. Contact: Ombudsman for the Swiss travel industry, P.O. Box, 8038 Zurich.
D.1.1. Seminars | Conferences | banquets
Unless otherwise stated in the written confirmation (by post or e-mail), for conferences, banquets and events, a service is non-binding until a deposit of 50% has been paid. The deposit is due upon confirmation. Unless otherwise agreed, the remaining payment is due immediately after the service has been rendered. The catering business has the right to billing or interim billing of its services at any time.
Unless an advance payment or payment by credit card is mandatory when booking, the amount is due on site immediately after the service has been rendered.
D.2. Unclaimed Benefits
There will be no reimbursement for non-use or partial use of booked/ordered services.
D.3. not available
If, for unforeseeable reasons, a booked service is not available, a service that is as similar as possible will be offered.
D.4. Food and drinks brought in
In principle, the preparation and consumption of food and drinks you have brought with you is not permitted on the premises (including terraces) in Lötschental. The areas designated as picnic areas are an exception. In the event of an infringement, CHF 50.00 per person per case will be charged.
D.5. cancellation costs
The date of receipt of the cancellation or rebooking is decisive for the calculation of the cancellation costs. The cancellation costs are:
- Up to 20 days before the start of the service: free of charge.
- 19 to 1 day before the start of the service: 50% of the price according to the confirmation.
- On the day of the service and no-show without cancellation: 100% of the price according to the confirmation.
D.6. booking withdrawal
Lötschental reserves the right, in exceptional cases, to declare a confirmation to be invalid and to withdraw from it without incurring any costs for either party:
Unusability of the buildings or parts thereof due to force majeure
Closing or changing opening times for economic, legal, epidemiological or weather reasons
Failure to reach any advertised minimum number of participants or minimum occupancy
Default of a requested advance payment or security deposit.
D.7. Cleaning | Liability
The removal of extraordinary contamination or the repair of damage to Lötschental's property will be charged to the customer.
E. Final Provisions
E.1. Severability Clause
The total or partial invalidity or ineffectiveness of individual provisions of these GTC or the provisions of the contract on which they are based shall not affect the validity of the remaining provisions or parts of such provisions.
Invalid or ineffective provisions are to be replaced by provisions that correspond as closely as possible to their legal or economic meaning. The same procedure applies if there is a gap in these GTC.
E.2. Applicable Law and Jurisdiction
Swiss law applies exclusively to all legal relationships between the customer and Lötschental and between the customer and the service provider. The exclusive place of jurisdiction for disputes arising from or in connection with legal relationships between the customer and Lötschental is Leuk, Switzerland.
E. 3. Validity
These general terms and conditions apply from May 1, 2023.
In the event of discrepancies or differences in the interpretation of the various language versions of this disclaimer, the German version applies exclusively.