General Terms & Conditions – Luftseilbahn Kandersteg-Sunnbüel (Gemmi) AG
1. General Information
The General Terms and Conditions (T&Cs) apply to all services and products, chargeable or free of charge, provided by Luftseilbahn Kandersteg-Sunnbüel (Gemmi) AG (“LKS AG”). LKS AG is entitled to use the services of third parties for the optimal provision of its services. This is done with the automatic consent of the customer. For tickets and services provided by third parties, for which LKS AG acts as seller or intermediary, the T&Cs of the respective company and its products – such as combined offers with partner companies, rental of sports equipment (e.g., sledges) etc. – shall apply.
1.1 Contract
By ordering or purchasing a ticket or service or the use thereof, a contract with LKS AG is agreed. These T&Cs shall be deemed accepted without reservation through each order/purchase/claim.
1.2 Identification Requirement
At the request of the ticket office/cable car/inspection personnel, the customer must identify himself or herself with an officially valid identification document (ID, passport, driving licence). Where required, a barcode card, KeyCard, SwissPass, residency permit, or half-fare card/GA must also be presented.
1.3 Data Carriers
The KeyCard and similar data carriers such as the SwissPass provide contactless access to all LKS AG cable cars and lifts. They can be programmed with new validity data at any time and used for several years. The KeyCard is available at all points of sale and a deposit will be charged. On return of the KeyCard, the deposit will be refunded. Visibly damaged KeyCards will not be replaced free of charge, nor will the deposit be returned. Single-use barcode and KeyCards are non-deposit, daily/one-way tickets used for foot passengers, tour members and groups. Children under 6 full years of age (6th birthday = cut-off date) travel free when accompanied by an adult. A KeyCard is mandatory except for entries to Kinderland. The corresponding published tariff applies in these cases.
1.4 Data Protection
Customer data is used only to maximize operational security or in the interest of sales promotion, product design, crime prevention, misuse detection, collection of economic data and statistics, and billing. The customer acknowledges and agrees that in cases of joint provision of services in cooperation with third parties, LKS AG is entitled to make customer data available to the relevant third parties to the extent necessary for the provision of services. The disclosure of customer data is permissible within the scope of the statutory provisions.
1.5 Services
The services provided by LKS AG arise from the service description in the mountain transport brochure or the electronic media and other written offers. Special tariffs, requests or additional agreements are only considered part of the contract when they have been confirmed in writing.
2. Prices and Terms of Payment
2.1 Prices
The prices for tickets are published at the base (lower) station of LKS AG and online. Unless otherwise mentioned, the prices for the mountain railway tickets are per person and include VAT. All multi-day tickets are linear and not individually selectable. This does not apply to point cards, which must be redeemed by the end of the current season. Unused days will expire and not be refunded or carried over to the next season. In the event of conflicting tariff information in individual brochures and electronic media, the online provisions according to www.sunnbuel.ch shall apply. In addition to the ticket price, LKS AG charges a KeyCard deposit of CHF 5.00. It can be used repeatedly, with multiple offers simultaneously, and to some extent with other ventures within the sector. The deposit will be refunded after the KeyCard is returned.
2.2 Payment
Payment is made immediately at the conclusion of the contract. Ticket purchases on credit or against an invoice are generally not provided for. Business customers, groups and tour operators may purchase tickets in advance via the online shop. Exceptions must be agreed in advance and are only valid when confirmed in writing by LKS AG. The customer undertakes to pay the invoiced amount within 30 days for any payment on account. Objections to the invoice amount must be made in writing with supporting evidence within 7 days. If the customer does not meet the payment obligation within the payment deadline, this constitutes a default of payment and the customer will be liable for an additional 5% interest payment without further notice. If payment is still not forthcoming after other reminders, LKS AG reserves all rights, including the right to withdraw all services from the customer without further notice. LKS AG reserves the right to insist on advance payment in whole or in part for services rendered. Agreements to the contrary between the customer and LKS AG remain reserved. Fees for bank transfers or cheques are the responsibility of the customer.
2.3 Currency
Prices are always quoted in Swiss francs (CHF). The conversion rate for the Euro is always 1:1. Change for transactions is always paid in Swiss francs.
2.4 Changes to Prices and Services
LKS AG expressly reserves the right to change service descriptions and price information online as well as in brochures and price lists up to the fulfilment of the contract.
3. Tickets and Seasonal Passes
3.1 Validity
All tickets and seasonal passes are personal and non-transferable. Exceptions are set out in writing in special “sponsoring agreements”. Seasonal and annual passes also bear a photo for inspection purposes. Only specially designated seasonal passes are valid for evening rides, night-time offers, and events outside regular operating hours. Other subscriptions and discounts are not valid on these special services. Separate tariff regulations for public night-time services will apply.
3.2 Age Groups
Children under 6 years of age travel free of charge. There are reduced rates for children under 16 years. Adult rates apply in winter and summer from the date of the 16th birthday.
3.3 Groups
A group is considered as such if at least 10 tickets are purchased and paid for at the same time. Associations, clubs, companies or officially recognized schools are considered a group. The group leader must purchase and pay for all tickets in the same transaction. Individual delivery of group tickets by LKS AG is not possible. The tickets must all have the same range and period of validity. Detailed information about attractive group discounts is available from the point of sale. Free tickets for groups are already included in the group prices.
3.4 Offers for Local Residents
Customers residing in the municipalities of Kandersteg receive a 50% discount on the gondola ride (based on the standard price). This is no additional discount for holders of half-price/GA cards. Discounts on seasonal and annual passes are available to taxpaying residents of Kandersteg and to owners of second homes in Kandersteg.
3.5 Travellers with Disabilities
The standard tariff applies to ascents and descents by persons with reduced mobility. Anyone accompanying a person with reduced mobility travels free of charge, provided that the person with a disability has a Swiss Railway (SBB) Companion Card.
3.6 Loss or Theft
In the event of loss or theft of a multi-day ticket or seasonal pass, a direct replacement will be provided on presentation of the purchase receipt. A replacement will only be provided after appropriate clarification that the ticket/pass has not already been used. A processing fee of CHF 50 may be charged to issue a replacement.
3.7 Refunds
A reduced service (especially early and late season) may be offered and does not entitle pass holders to refunds.
3.8 Misuse/Duplication
The ticket office, cable car and other authorised personnel are entitled to conduct ticket inspections at any time. The customer must be able to identify himself or herself with an officially valid identification document (ID, passport, driving licence). Any improper use of tickets, particularly the transfer of tickets or alteration of the information contained therein, will result in immediate confiscation without refund or compensation. In addition to the penalty for possession of an unauthorised or invalid ticket, a surcharge of CHF 150.00 will be levied in accordance with Art. 16 of the Federal Transport Law of 4 October 1985. In addition to this, a valid ticket must also be purchased. LKS AG further reserves the right to report the matter to the police and pursue a prosecution. The ticket holder is responsible for preventing misuse by third parties.
4. Facilities and Pistes
4.1 Disruptions to Services/Cessation of Operations
If LKS AG fails to provide its services in connection with the sale of tickets or the use of facilities or fails to provide them in part, permanently, or only temporarily, the customer shall have no claims whatsoever (in particular, no claims for reimbursement or damages against LKS AG). This applies especially to interruptions or cessation of operations or slope/path closures in the following situations:
– Accidents or other hazards.
– “Acts of God” such as wind and extreme weather, avalanche risks and strike action.
– Official orders or restrictions (among other things, in the event of power shortages).
– Voluntary restrictions due to exceptional circumstances (among other things, in response to official appeals to save energy or energy-saving measures).
– Pandemics or epidemics.
4.2 Reckless Behaviour/Misconduct by the Ticket Holder
In the event of reckless behaviour, violation of standing regulations or disregarding the instructions of cable car, ticket office or inspection personnel, in particular the non-observance of FIS rules, ignoring signals, instructions and barriers, or skiing on closed slopes or in wildlife/forest protection zones, etc., LKS AG may confiscate the ticket from the ticket holder. Outside official operating hours, the slopes/pistes are closed and use of these slopes is prohibited. Anyone who, as a result of alcohol or drug abuse, endangers the safety and smooth running of the winter sports area may be excluded temporarily or permanently from using the mountain transport facilities and winter sports slopes. In such cases, no refunds will be given. Anyone who damages or contaminates LKS AG facilities and equipment must pay the repair and/or cleaning costs. In the event of intentional damage/contamination, LKS AG reserves the right to pursue a criminal prosecution.
4.3 Avalanche Barriers
Crossing avalanche barriers is prohibited and will result in immediate ticket withdrawal and criminal charges.
4.4 Slope Markings
Pistes are indicated with markings on both sides.
4.5 FIS Rules
The ten FIS rules of conduct will apply at all times (www.fis-ski.com).
5. Accidents in Winter Sports Area
If a ticket holder has an accident in the winter sports area, the LKS AG rescue service can be called. According to the services provided, all rescue costs will be invoiced directly by LKS AG. Additionally, third-party costs such as ambulance transport, taxi, air ambulance, etc. may also be incurred. It is the patient’s responsibility to pursue any claim for reimbursement from their insurance company.
6. Rental Objects
The renter is liable for any damage to hired items. In the event of theft, an official police report must be submitted.
7. Complaints
Any complaints by purchasers of tickets concerning the provision of services by LKS AG must be raised with LKS AG without delay. Failure to notify LKS AG immediately of any complaint will result in the loss of any claims the ticket purchaser may have against LKS AG.
8. Internet/Online Information
No liability is accepted for any information published online. LKS AG assumes no liability for internet breakdowns, damage caused by third parties, or imported data of any kind, particularly the effects of viruses, worms, Trojan horses, etc. While every effort is taken to ensure the accuracy of online information, this may still contain technical inaccuracies or typographical errors. In no event shall LKS AG be liable for any direct, indirect, special or other consequential damages arising from the use of the LKS AG website or any hyperlinked website. Also excluded is any liability for loss of profit, disruption to business, loss of programs, or other data in information systems.
9. Liability
Liability on the part of LKS AG for personal injury and damage to property is limited to those cases which are mandatory under Swiss law. Liability is not accepted for accidents outside secured and marked winter sports slopes or for accidents on hiking and sledging trails.
Liability on the part of LKS AG is not accepted for accidents resulting from:
- Ignoring markings and signage.
- Leaving the secured and inspected pistes.
- Disobeying instructions and warnings by cable car personnel or piste and rescue services.
- Disregarding other warnings.
- Negligent or deliberately reckless behaviour on facilities or ski slopes.
- The condition of the piste.
10. Insurance
LKS AG strongly advises all ticket purchasers to purchase additional insurance cover, such as liability insurance, cancellation cost insurance, travel accident and travel health insurance, extra return travel costs insurance, etc.
11. Changes to General Terms and Conditions (T&Cs) and Other Contractual Provisions
LKS AG reserves the right to amend these T&Cs at any time. Should the customer be significantly disadvantaged by any amendment to the T&Cs, they are entitled to terminate their contract with LKS AG effective from the date of the amended T&Cs. The right of termination expires when the amendment comes into force.
12. Final Provisions
Notifications by e-mail shall be deemed to have been made in writing. Swiss law is exclusively applicable to all contracts concluded with LKS AG under these T&Cs. The exclusive place of jurisdiction for any disputes arising from such contracts is CH-3718 Kandersteg.
Luftseilbahn Kandersteg-Sunnbüel (Gemmi) AG
Kandersteg, 10 April 2022