Zermatt Bergbahnen AG

TERMS AND CONDITIONS

RATES AND TRANSPORT CONDITIONS

General

RATES AND TRANSPORT CONDITIONS

General

By purchasing a ski pass or other ticket, the customer recognizes the following conditions of Rates and Transport Conditions and acknowledges the following description of the services provided.

Please note also the applicable Booking Conditions as well as the Data Protection Declaration and Conditions of Use of the www.matterhornparadise.ch website at www.matterhornparadise.ch/agb and read these through carefully. 

  • No rides outside the official times are included in the ski pass / Peak Pass / single journey tickets etc.
  • Official identification including date of birth must be shown in order to purchase discounted tickets (student, child, half-fare, etc.). Tickets at prices other than the normal rates cannot be issued without presentation of this form of identification.
  • Prices and timetables are subject to alteration.
  • All prices are given in Swiss francs and incl.8.1% VAT.
  • The exchange rate of the day applies for payment in euros.
  • Please check the correctness of refunds immediately. Complaints made later cannot be considered.
  • Refunds can only be made at the Zermatt Bergbahnen AG ticket offices during the season.
  • Half-day tickets can be purchased from Zermatt Bergbahnen AG sales points and Gornergrat Bahn from 12.10 pm and are valid from 12.15 pm.
  • A CHF 5 deposit will be due where tickets are issued in the form of key cards. The deposit will be refunded on return of the key card. Deposits will not be refunded if key cards are damaged. The key card can be topped up as required at ZBAG sales points or via the web shop.
  • To book tickets online at current daily rates go to the webshop at https://www.matterhornparadise.ch/en/book.
  • Admission to the Italian ski resort is sold and invoiced under the company names of Cervino Spa and Cime Bianche Spa. Information for customers detailing the exact proportion of payments allocated to the respective Italian and Swiss resorts is provided on notices displayed at Zermatt Bergbahnen AG sales points and on the customer receipt.
  • In Italy it is mandatory for children under 18 to wear a helmet.
  • Local bus travel is included in all tickets. You will find further details at www.e-bus.ch.
  • It is important to note that children under three years should not be taken on the route from Trockener Steg to Matterhorn glacier paradise. In this regard ZBAG excludes any liability, to the extent permitted by law.
  • No liability is accepted for the loss of any items or valuables from rented storage facilities. Storage facilities must be cleared at the end of each season. Any remaining contents will be disposed of thereafter.


Safety on the slopes / Piste Patrol and Rescue Service

  • The International Ski Federation (FIS) rules of conduct and Swiss Council for Accident Prevention (SKUS) guidelines must be respected.
  • Downhill routes (pistes marked yellow): These descents are secured and marked, but not groomed, and there are no piste patrols.
  • In accordance with SKUS guidelines the pistes at our ski resort are intended exclusively for use by skiers and snowboarders. All means of transport that are used in a sitting position, such as snowbobs, are not permitted and will not be transported on any of the facilities in Zermatt. The only exceptions to this are handicapped persons in a seated position. Snowscoot® vehicles are permitted on the Zermatt ski slopes and will be transported on all facilities – with the exception of chairlifts and ski lifts. Snowscoot® vehicles are not allowed in the summer ski area.
  • For safety reasons, it is prohibited to deploy drones in the vicinity of the stations, transport facilities, pistes and the Snow Park. Notwithstanding the above, the privacy of all individuals in ZBAG’s sphere of activity must be respected.Without formal authorization from ZBAG, it is not permitted to fly drones within 100 metres of a gathering of people or any of the areas specified above.
  • All pistes and descents are closed and therefore off-limits outside the lift operating hours and as soon as the final inspection has been completed. For safety reasons, it is prohibited to ski or walk on the slopes after the slopes have closed.
  • Instructions from staff members and especially from Piste Patrol and Rescue Service personnel must be followed without fail. Failure to comply with instructions from staff members may result in the immediate revocation of the ticket without compensation. Immediately upon cancellation or blocking of the ticket,  administrative charge of CHF 400.00 will be due. The ticket will remain blocked until the administration charge has been paidThe ticket will remain blocked until the administrative charge is paid.
  • Free-riders and off-piste skiers are obliged to report any avalanche risks, closed off forest areas and nature reserves, and especially any hazards to third parties.
  • Any improper use of the ski pass / Peak Pass involving reckless or inconsiderate behaviour or the endangerment of others (especially non-compliance with FIS and SKUS rules, disregard of signals, signs or barriers, or skiing/snowboarding on closed pistes, in forest or wildlife reserves or on slopes with an avalanche risk) will result in immediate withdrawal of the ski pass / Peak Pass without recompense. An administration charge of CHF 400.00 is payable immediately upon cancellation or blocking of the card The ticket will remain blocked until the administrative charge is paid.
  • If a ticket holder suffers an accident while using the lifts or while in the ZBAG ski resort, she or he may make use of the ZBAG Mountain Rescue service. The use of the ZBAG Rescue Service is chargeable according to the separate rates set by the Valais Canton Rescue Organisation, KWRO. Charges for the ZBAG Rescue Service, ambulance transport and other third-party costs (e.g. Air Zermatt, doctors' fees, etc.) must be paid direct by the customer. It is therefore advisable to take out supplementary insurance to cover this (see section: Exchange/refund).

 

Exchange, refund

  • As a rule, tickets will not be exchanged, modified or refunded. In particular, there can be no claim for refund in the case of service interruptions due to any form of force majeure.
  • Non-use of the facilities does not entitle the holder to the exchange, modification or transfer of a previously purchased ticket or ski pass, nor to a full or partial refund, nor to its return.
  • Closure or partial closure of the facilities is expressly reserved without cause for claims of any kind, in the same way as described for service interruptions.We recommend to all customers purchasing a multiday ticket to take out additional insurance cover. SkiCare (CHF 5 per day additional charge) offers temporary and subsidiairy insurance for visitors from abroad which covers the cost of rescue, transportation and treatment in the event of a skiing accident. The PassProtect policy (CHF 3 per day) covers the cost of ski pass, ski hire and ski lessons in the event of accident, illness or adverse weather conditions. Cover for season and year passes can also be purchased. You will find further details at www.skicare.ch/en/our-products.html. It is the responsibility of the customer to make any claims for reimbursement from his/her insurance.Without supplementary insurance there can be no claim for refund or extension in the case of bad weather, threat of avalanche, unplanned departure, service interruptions, and the closure of ski runs, ski areas or parts thereof due to weather conditions, excessive snowfall, risk of avalanche, etc.
  • Loss of ticket: On purchase of a ticket (single journeys excepted) a sales receipt with a blocking code is issued. Lost tickets can only be replaced on presentation of this receipt.
  • No ½-, or 1-day ski passes will be sold to day visitors.
  • The published operating hours of the transport facilities are for information only. They may be affected by factors such as the weather, snow or the condition of the slopes.
  • For the Valais Mountain Card and the SnowPass Wallis separate conditions specified by Walliser Bergbahnen are applicable (www.bestofsnow.ch)
  • For the Oberwalliser Skipass separate conditions specified by Oberwalliser Bergbahnen are applicable (www.oberwalliser-skipass.ch)
  • Zermatt Bergbahnen AG will clean or replace soiled items of clothing for visitors at its own expense in cases where the soiling was caused by a ZBAG installation. The damage must be reported in person and without delay to a company employee at the nearest cableway facility. The level of compensation is calculated on the basis of the state of repair of the relevant item of clothing. The expected lifespan of ski clothing is a maximum of four years, after that there is no right to compensation.

 

Inspection, improper use and falsification of tickets

  • All tickets such as ski passes, Peak Passes and individual tickets may only be used by the person authorized to do so and are non-transferable.
  • Ticket/pass inspections may be carried out at any time in the resort. Reduced-price tickets are only valid when accompanied by a concession card, which must be presented for inspection when required. Guests who misuse the reduction will be charged an administration fee of or CHF 400 and the ticket will be immediately revoked. The ticket will remain blocked until the administrative charge is paid. Any improper use or forgery of tickets may lead to prosecution.
  • Misuse is defined as any action by a guest with the intent of illegally profiting themselves or others and/or adversely affecting the assets or other rights of the transport company.
  • Falsification is deemed to have taken place if any ticket or receipt is created, altered, duplicated, added to or otherwise manipulated without proper authority, or if deletions can be detected.
  • Tickets which have been used improperly, falsified or blocked will be revoked. Administration charges apply.
  • If the administration charge is not paid immediately, a financial security must be provided. The guest may be required to leave the ski resort.
  • Any partial attempt at improper use of tickets will have the same consequences.
  • Offenders may be liable to civil proceedings or criminal prosecution.

 

Liability

  • Any complaints concerning the performance of services by ZBAG must be directed without delay to ZBAG or a ZBAG staff member in person. Claims against ZBAG will be invalid if they are not made immediately.
  • Subject to the following provisions, ZBAG will be liable for personal injury and damage to property caused by it or its staff. Subsidiary to these, the relevant provisions of the Swiss Code of Obligations also apply.
  • As far as the law allows, any liability on the part of ZBAG is restricted to grossly negligent and wilful behaviour.
  • As far as the law allows, ZBAG excludes any liability for personal injury or damage to property due to grossly negligent and wilful behaviour of individuals.
    • Non-compliance with instructions, i.e. disregarding markings, barriers and information boards, departure from secured and monitored pistes
    • Failure to heed instructions or warnings given by ZBAG staff or the Piste Patrol and Rescue Service
    • Failure to heed avalanche warnings
    • Negligent or wilful breach of code of conduct on transport facilities and ski slopes
    • Participation in high-risk sports such as free-riding, free-skiing, downhill biking, paragliding, etc.
    • Participation in mountain bike sports on any hiking trail, cycle track, street or unmade road
    • Inadequate piste preparation
  • Any liability for auxiliary staff is similarly excluded to the extent permitted by law in the following circumstances:
    • Accidents occurring away from secured and marked pistes.
    • Accidents occurring on hiking and sledging trails.
    • Theft occurring in the ski resort and for personal injury or damage to property caused by third parties.
  • In other respects, liability on the part of ZBAG is based largely on the guidelines set out in "Verkehrsicherungspflicht für Schneesportabfahrten und für Sommeraktivitäten" ("Obligation to maintain safety for downhill snow sports and summer activities"). The aforementioned limitations of liability remain reserved in any event.
  • Passengers are responsible for the proper transport of their own sports equipment and baggage. As far as the law allows, no liability will be assumed for damage or loss or the endangering of third persons through improper transport.
  • Any person who damages or in any way defaces any ZBAG lift, gondola or other installation, will be liable for the cost of repair/cleaning. Furthermore, any wilful damage will be prosecuted.
  • Passengers must ensure that their behaviour does not constitute a risk to their own safety or that of other passengers, or risk damage to the lift or the environment. They must not in any way impede the operation of the lift. Passengers must comply with the ZBAG Code of Conduct. (https://www.matterhornparadise.ch/en/terms-and-conditions/code-of-conduct)

 

Contractual partners / Applicable law / Court of jurisdiction

  • The "Matterhorn Ski Paradise" brand covers several providers, including Zermatt Bergbahnen AG, Gornegrat Bahn and Cervino SpA, who form a fare network. Each of the companies is responsible for the operation of its own lifts and pistes. The transport contract is agreed directly between the customer and the relevant operator. The operator is responsible for the proper performance of the services in question. The operator is also responsible for technical maintenance of the facilities and ensuring that the "Obligation to maintain safety" is met (Piste and Avalanche Patrol). Accordingly, any liability claims, especially those concerning skiing accidents, will be dealt with by the company in whose territory or on whose installation the incident occurred.
  • The contractual relationship between Zermatt Bergbahnen AG and its customers, including the realization and validity of the contract, is subject exclusively to Swiss law, without recourse to any rules on the conflict of laws.
  • The sole place of jurisdiction for any disputes is Visp.
  • Application of the Vienna Convention (CISG) is expressly excluded.

FOR YOUR SAFETY

CODE OF CONDUCT

Help us to increase safety in the Matterhorn Glacier Paradise by observing some basic rules when using our facilities. Thank you.

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Skier runs to the waiting funicular railway | © Gabriel Perren

DATA PROTECTION REGULATIONS

Zermatt Bergbahnen AG (ZBAG), P.O. Box 378, 3920 Zermatt, represented by Markus Hasler, CEO, operates the www.matterhornparadise.ch website and is responsible for the collection, processing and use of your personal data. ZBAG is therefore also responsible for ensuring that all data processing is in accordance with applicable laws. 

The protection of your personal data is very important to us. We take the matter of data protection seriously and care about the security of your data. We comply with all applicable legal provisions, in particular the Swiss Federal Data Protection Act (DSG/DPA) and the Ordinance to the Federal Act on Data Protection (VDSG) as well as the provisions of the Telecommunications Act (FMG). Insofar as applicable, we also comply with the provisions of the European Union’s General Data Protection Regulation (GDPR). 

It is important to us that you know which of your personal data we collect, in what way this is done, how the data are processed and for what purpose this is done. By using our website, you consent to all this data processing within the meaning of Art. 6 para. 1 lit. a GDPR. Please read the following information carefully.

Please note also the applicable Conditions of Use of the www.matterhornparadise.ch website and, when making a booking, the Booking Conditions and Rates and Transport Conditions at www.matterhornparadise.ch/agb and read these through carefully.


1.    What data do we process when you visit our website?
When you visit our website, our servers make a temporary record of each access and store it in a log file. The following data are automatically collected: 

  • IP address of the requesting computer
  • date and time of access
  • name and URL of the file accessed
  • website from which accessed
  • operating system of your computer
  • country from which access made and your browser language settings
  • name of the Internet access provider
     

These data are collected and processed for the purpose of enabling the use of the website (connection establishment), guaranteeing system security and stability, optimization of our Internet offering and for internal statistical purposes. The IP address is used in particular to ascertain your country of residence and to set appropriate defaults (e.g. language). The IP address is also recorded so we can take appropriate action to counter attacks on our network infrastructure. All these considerations legitimate our interest in this data collection and processing within the meaning of Art. 6 para. 1 lit. f GDPR. 

2.    What data do we process when you subscribe to our newsletter?
On our website you have the option to subscribe to our newsletter. To do so you must first register. The registration process requires the following data:

  • Title (required)
  • Forename and surname (required)
  • E-mail address (required)
  • Language (required)


These details are required for data processing. In addition, you can voluntarily provide further data (date of birth, place of residence, postcode, country, phone number). We use these details exclusively to personalize the information and news of offers we send you and to align them with your interests. 

3.    What data do we process when you use our Skiguide Zermatt app, and how do we go about this?

Analysis and evaluation are carried out by the Google Analytics tracking tool. To enable you as a user to take advantage of location-dependent features, anonymized GPS data are gathered and sent to the system. These locations are not stored. If you do not wish to reveal your geocoordinates as a user, you can deactivate the GPS function in the settings on your smartphone.

In order to continuously improve the app, technical information about performance and any errors in the app are collected and sent in anonymized form to a third-party partner.

4.    What happens when you use our Matterhorn app? 
The interactive Matterhorn app lets you decide whether you want to create a profile with your personal information. When you use this app the following information supplied by you may be processed in particular: customer address details, contact information, payment method, transaction data and history for purchase of tickets, articles or reservations, plus locations and other technical details about your use of the app. We would ask you to consult the data protection statement for the Matterhorn app in this regard; it can be accessed at any time from the Matterhorn app. All data processes and their respective purposes and legal basis are described in detail there. 

5. Salesforce
We would like to point out that our data processing activities include the use of software solutions provided by Salesforce (see www.salesforce.com). Salesforce provides online tools enabling its customers to operate certain areas of their business. These include tools for customer relationship management, customer services, participating in social networking sites, setting up communities, data analysis, staff administration and platforms for creating online applications. In providing these tools, Salesforce processes data transmitted to its services, and/or processes these data on their instructions and in their name. We use Salesforce products for example to collate data collected by Zermatt Bergbahnen AG with other data collected by Zermatt Bergbahnen AG, Bonfire AG, Zermatt Tourism and/or by mobile apps and store them in a common database (Cloud). 

Full details of the Salesforce data protection policy can be found at: https://www.salesforce.com/company/privacy/  
Full details of the Zermatt Tourism data protection policy can be found at:
https://www.zermatt.ch/Media/Datenschutzerklaerung-Zermatt-Tourismus

6.    What happens to your data when you place an order or make a purchase, booking or reservation from us or from a third party?

There are various ways of making bookings or reservations on our website or requesting information or other services. The corresponding services are usually provided by third parties. Where necessary, the relevant data collected will be passed on to those third parties. This refers to the following data: 

  • Title and/or company name
  • Forename and surname
  • Address (street, house number, postcode, place of residence, country)
  • Other contact details (e-mail address, phone number)
  • Credit card or other means of payment


Any required input is marked as such. The details requested are the information that is required to provide the booking services. Input of other information is voluntary and has no influence on the use of our website or the booking services. We also wish to point out that the data you enter will also generally be collected directly by the third-party provider and stored by this provider and/or will be passed on to the provider by us. Insofar as a third party goes on to process the collected data independently, the data protection provisions of the respective provider apply, and you should also consult these. The legal basis for the processing of the personal data lies in the performance of a contract within the meaning of Art. 6 para. 1 lit. b GDPR. 

Children under nine years of age accompanied by an adult who purchases a multi-day pass will receive the FUNVENTURE Wolli Card (“Wolli Card”). 

ZBAG offers the Wolli Card in partnership with Zermatt Tourismus. The Wolli Card allows children to benefit from many attractive offers (details can be found here). ZBAG obtains permission from the parents to issue and use the Wolli Card and collects some personal data, e.g. contact details of the parents and the name, address and date of birth of the child, along with an e-mail address if available. Provision of the e-mail address is voluntary. We wish to point out that the e-mail address, where available, will be passed on to Zermatt Tourism so that this organization can send a family newsletter to the respective address where consent has been given to do so. Zermatt Tourism will ask again for consent to send this newsletter. A photograph of the child will also be required for the Wolli Card, and you will be asked to agree to this during the application process. If you do not provide these details your child will not be able to benefit from the offers the Wolli Card provides. The legal basis for the processing of data lies in the performance of a contract within the meaning of Art. 6 para. 1 lit. b GDPR and our legitimate interest in providing the offers and services associated with the Wolli Card (Art. 6 para. 1 lit. f GDPR).
Information on how Zermatt Tourismus processes your personal data in connection with the Wolli Card can be found here.

Admission checks are made before passengers can use the transport facilities. Locations and numbers of admissions are stored. These data are stored solely for accounting purposes and as required for contractual reasons. The legal basis for the processing of the data lies in the performance of a contract within the meaning of Art. 6 para. 1 lit. a GDPR. Please note that for tickets valid for eight or more days a reference photo is required for checking admission (does not apply to the FUNVENTURE Wolli Card).

On purchase of annual passes and season tickets we collect the following personal data: name, forename, address, postcode, place of residence and photo (all required), e-mail address (optional). In the case of free tickets, which we occasionally issue, we collect the following personal data: name, forename, company/organization/purpose of the complimentary ticket. These details are always printed on the actual ski pass and also included on a receipt (sales receipt or reversal document). We store these data in our internal databases. The legal basis for the processing of the data lies in the performance of a contract within the meaning of Art. 6 para. 1 lit. a GDPR. 
 

7.  What are cookies and what are they used for? 
Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website. Cookies help us to make your visit to our website easier, more convenient and more useful. For example, we use cookies to ensure that the information, offers and advertising displayed are more closely aligned with your personal interests. Most Internet browsers automatically accept cookies. But you can configure your browser so that no cookies are stored on your computer, or a message appears whenever you receive a new cookie. However, the deactivation of cookies may mean that you are not able to use all the functions of our website. 


8.   What are tracking tools and what are they used for? 
We use various tracking tools on our website. Such tracking tools serve to monitor your surfing behaviour. The purpose of the tracking is to facilitate user-oriented design and ongoing optimization of our website. In this connection, pseudonymized usage profiles are created and cookies are also used. 

This website uses Google Analytics, for example, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google"). Google Analytics uses cookies which enable analysis of your website usage. The information generated by the cookie about your use of this website (including your IP address) is generally transmitted to and stored by Google on servers in the United States. Google will use this information to analyse your use of the website, to compile reports on website use for the website owner and provide other services related to the use of the website and internet use. Google may also pass this information on to third parties insofar as this is legally prescribed or where third parties process this information on behalf of Google. Under no circumstances will Google associate your IP address with other Google data. You can reset your browser to prevent cookies from being installed; however, some website features or services may not function properly without cookies. 

We also use the functions of Google Double Click, Google Tag Manager, Google Audiences and the Google+ platform (further information about these tools is given here: https://policies.google.com/technologies). Further functions we use are Trade Doubler
http://reports.tradedoubler.com/pan/displayTextKey.action?textKey=CMS_PUBLIC_162_CONTENT&, Facebook Custom Audience  (https://www.facebook.com/ads/manage/customaudiences/tos.php), and Scarab Research
(https://www.scarabresearch.com/privacy/). Please read carefully the information provided at these links because it will indicate which data processing operations are handled by the respective tools.

This website uses technology provided by Criterio GmbH, Gewürzmühlstr. 11, 80538 Munich, Germany. Criterio GmbH makes use of an algorithm to analyse surfing behaviour recorded in an anonymized form and may subsequently display targeted product recommendations in the form of personalized advertising banners on other websites (or “publishers”). Under no circumstances will these data be used to identify you personally as a visitor to our websites. The data collected are used with the sole purpose of improving our provision. No other application or transfer to third parties of this information will take place.
You may object to the collection and storage of data at any time, to have future effect. To object to the collection and storage of your visitor data for the future you can follow this link to acquire an opt-out cookie from Criteo which will prevent visitor data from your browser being collected and stored by Criteo. For more information on Criterio’s privacy policy, go to: http://www.criteo.com/de/privacy

The website also uses Taboola's content discovery technology to recommend online content that may be of interest to you. In order to control these recommendations, Taboola collects information about your device and your behaviour on this website (and other partner sites) through cookies and similar technologies. For more information, you can find Taboola's privacy policy here or click here for the opt-out.

We use HOTJAR software (https://www.hotjar.com) to enhance the user experience on our web pages if you have consented to the use of cookies via the cookies banner. The provider is Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe. HOTJAR enables us to measure and evaluate user behaviour on our web pages (mouse movements, clicks, scrolling height, etc.).  To this end, HOTJAR places cookies on the user’s device to store data from the user (e.g. browser information, operating system, dwell time on the page, etc.) in pseudonymized form.

To prevent HOTJAR from processing this data, you can either withdraw your consent via the cookie banner or click on this link: https://www.hotjar.com/opt-out. Please note that is it necessary to deactivate Hotjar separately on each browser or device you may be using. You can read more about data protection with regard to the processing of data by HOTJAR here: https://www.hotjar.com/legal/policies/privacy/

This Website uses “fusedeck”, a tracking solution provided by Capture Media AG (hereinafter referred to as “Capture Media”). Capture Media is a Swiss company having its registered office in Zurich which, on behalf of its customers, measures website usage in the context of engagements and events. Tracking is anonymous so that it is impossible to attribute any information gained to any identified or identifiable persons.

For more information on data protection and the rights which data subjects have in connection with “fusedeck”, including their right to “opt out” (right to object), please refer to the Privacy Policy and the Information on the Right to Object: https://privacy.fusedeck.net/en/LQsDc2dUQu

The legal basis for our use of such tracking tools consists in a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.  


9.  What happens when you log on to our website via a social network? 
You have the option to log on to our web shop via a profile on a social network (Facebook and Google+). When you do this, your browser establishes a connection to the social network’s servers, and data about your usage of our website is shared with the social network and stored on the respective servers. The social network can disclose data about your usage of our website (e.g. sharing with your friends, followers etc.) and/or use the data for advertising purposes (targeted advertising, market research etc.). Please read carefully the data protection provisions of the relevant social network as the scope of the data processing undertaken is described there in greater detail. If you wish to prevent processing of the relevant data, we recommend that you do not log on via your account with a social network.  


10.   Are collected data transferred to third parties?
Your personal data will only be passed on to third parties by us if you have expressly consented to this, if required by law, or to the extent necessary to enforce our rights, in particular to enforce claims arising from the relationship between you and ZBAG. Beyond that, we pass your data on to third parties where this is necessary in the scope of usage of the website for the provision of the requested services and for analysis of your usage behaviour, as described above. Where required for the above-mentioned purposes, the data may be transferred abroad. Inasmuch as our website contains links to third-party websites, once one of the links has been clicked, ZBAG has no further influence on the collection, processing and use of personal data by third parties and, to the extent permitted by law, accepts neither responsibility nor liability.
As mentioned in point 5, we also use software solutions provided by Salesforce. We use Salesforce products for example to collate data collected by Zermatt Bergbahnen AG with other data collected by Zermatt Bergbahnen AG, Bonfire AG, Zermatt Tourism and/or by mobile apps and store them in a common database (Cloud).  
 


11.  Are data sent abroad? 
ZBAG is also entitled to transfer your personal data to third parties (i.e. contracted providers) abroad if this is required for data processing as described in this privacy statement. These third parties are committed to data protection to the same extent as we are. In countries where the level of data protection is not up to Swiss or European standards, we place the third party under contractual obligation to ensure that the protection of your personal data meets Swiss or European standards.

For the sake of completeness, we wish to point out that the US authorities engage in monitoring activities in their own territory, which generally permit storage of any personal data transferred from Switzerland to the USA. The monitoring is conducted without differentiation, limitation or exception on the basis of the aim pursued and without an objective criterion that would make it possible to restrict the US authorities’ access to the data and its later use to quite specific, strictly limited purposes, which would then justify the intervention involving access to and use of the data in question. We would also like to draw your attention to the fact that there are no judicial remedies available in the USA which would enable you to gain access to your personal data and effect any corrections or ensure their deletion, nor is there any effective legal protection against the general access privileges of the US authorities. 

It is important to us to inform you about these facts and legal circumstances so that you are in a position to make an informed decision regarding consent to the use of your data.

We also wish to point out to users whose place of residence is in an EU member state that, in the view of the European Union, the USA does not have an adequate level of data protection – amongst other reasons due to the issues discussed in this section. 

Insofar as we have explained in this privacy statement that certain data recipients (e.g. Google) are domiciled in the USA, we will take steps to ensure that your data enjoys an adequate level of protection in the hands of US partners, either by contractual arrangements or by securing certification of these companies under the EU-US Privacy Shield.


12.  Data security and confidentiality
We use appropriate technical and organizational security measures to protect the personal data we store against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. 

It is important to us that you always treat your payment details (especially credit card details) confidentially. We recommend that you close your browser window when ending a communication with us, particularly when the computer in question is also used by other people.

We also take in-house data protection very seriously. Our employees and the contracted service providers are under obligation to maintain confidentiality and comply with data protection regulations.


13.  Storage of data 
We store personal data only as long as this is required: 

  • for use by the above-described tracking and analysis services as part of our legitimate interest 
  • to provide the services you have requested or to which you have consented, in the above-described scope 
  • to fulfil our legal obligations.
     

We store data required for the conclusion or fulfilment of a contract for a longer period since this is prescribed by statutory retention periods, for example in accounting regulations and tax law. According to these provisions, business communications, signed contracts and accounting records have to be kept for up to ten years. Data no longer required to provide you with the requested services will be blocked as a matter of principle. That means the data can only be used for accounting and tax purposes.

14.    Your rights
You have the right to request information at no cost about the personal data that we store. In addition, you have the right to correct any errors and request deletion of your personal data, insofar as there is no duty of retention or our processing of your data is allowed by law. According to Articles 18 and 21 GDPR, you also have the right to request limitation of the data processing or register an objection. You also have the right to demand that the data you have transferred to us be returned (right of data portability). On request, we will also pass on your query to a third party of your choice. You have the right to receive your data in a standard file format.

If the processing of data is undertaken with your consent, you have the right to revoke this consent at any time. 
You can contact us for this purpose by e-mail to the following address: marketing@zbag.ch. You can also tell us what is to be done with your data after your death, by giving us appropriate instructions. At our own discretion, we may ask for proof of identity before processing your request. When you contact us, we make every effort to answer and take appropriate steps as quickly as possible.

If your place of residence is in an EU country, you have the right to lodge a complaint with a data protection supervisory authority at any time.

CONDITIONS OF USE

Please read the following conditions carefully before continuing. Persons who log on to the matterhornparadise.ch website of Zermatt Bergbahnen AG signify their agreement to the following conditions.

Please also note the applicable Data Protection Regulations, Conditions of Use of the matterhornparadise.ch website as well as the Rates and Transport Conditions and read these documents through carefully.

1. Copyright and trademark rights
The entire content of the matterhornparadise.ch website is copyright protected. All rights are owned by Zermatt Bergbahnen AG or third parties. The elements contained on the matterhornparadise.ch website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of matterhornparadise.ch. Reproduction, transfer, amendment, linking or use of the matterhornparadise.ch website for public or commercial purposes is prohibited without the prior written consent of Zermatt Bergbahnen AG.

The various names and logos appearing on the matterhornparadise.ch site are generally registered and protected trademarks. No part of matterhornparadise.ch is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the matterhornparadise.ch website or parts thereof, confers no rights whatsoever in respect of the software or elements of the matterhornparadise.ch website. Zermatt Bergbahnen AG reserves all rights in respect of all elements of the matterhornparadise.ch website with the exception of rights belonging to third parties.

2. No warranty
Although Zermatt Bergbahnen AG has taken all possible care to safeguard the reliability of the information contained on the matterhornparadise.ch website at the time of its publication, neither Zermatt Bergbahnen AG nor its contracting partners can give any explicit or implicit assurance or warranty (including to third parties) in respect of the accuracy, reliability or completeness of the information on matterhornparadise.ch. Opinions and other information contained on the matterhornparadise.ch website may be changed at any time without prior notice.
Zermatt Bergbahnen AG accepts no responsibility and gives no guarantee to the effect that the functions on matterhornparadise.ch website will not be interrupted or that the matterhornparadise.ch website or the relevant server is or are free from viruses or other harmful contents.

3. Limitation of liability
Inasmuch as a contractual relationship between Zermatt Bergbahnen AG and the user of the matterhornparadise.ch website or another ZBAG service, any liability on the part of Zermatt Bergbahnen AG is restricted to for grossly negligent and wilful behaviour. ZBAG excludes any liability for damage caused by auxiliary staff. All liability of Zermatt Bergbahnen AG (including liability for negligence) for direct, indirect or secondary damage suffered as a result of access to the elements of the matterhornparadise.ch website or to use of that site or as a consequence of impossibility of access to or use thereof or links to other websites, is hereby declined.

4. Links to other websites
The matterhornparadise.ch website contains links to websites operated by third parties which might be of interest to you. When activating these links you might leave the matterhornparadise.ch website or summaries of third-party websites may be displayed within the context of the matterhornparadise.ch website. Zermatt Bergbahnen AG has not carried out any checks whatsoever on the websites of third parties accessible via links on the matterhornparadise.ch website and is in no way responsible for their content or effective operation. This applies regardless of whether when activating the link you leave the matterhornparadise.ch website or the display appears within the context of the matterhornparadise.ch website, as well as if in the latter case the information provider of an external website is not immediately obvious. Establishing the link or consulting websites operated by third parties is at the sole risk and peril of the user.

5. Final provisions
This page was last amended on 27 June 2018. If you have any questions or remarks about our legal indications, please contact us at marketing@zbag.ch.
Your use of our website is subject exclusively to Swiss substantive law without recourse to any rules on the conflict of laws. The sole place of jurisdiction for disputes in this connection is Visp.

BOOKING CONDITIONS

1. Scope

These booking conditions cover the contractual relationship between the CUSTOMER, Zermatt Bergbahnen AG (ZBAG) and other suppliers (SPs) of tourist services which can be purchased through the web shop at www.matterhornparadise.ch.

Please also note the applicable Data Protection Regulations, Conditions of Use of the matterhornparadise.ch website as well as the Rates and Transport Conditions and read these documents through carefully. 

2. Services

ZBAG will provide the CUSTOMER with the following services:

  • Sale of lift tickets
  • Sale/arrangement of ski insurance (SkiCare/PassProtect)
  • Sale/arrangement of combined offers
  • Sale/arrangement of other leisure activities

2.1. Lift tickets

2.1.1 The sale of lift tickets is covered in particular by ZBAG's Rates and Transport Conditions.

2.1.2 Guidelines relating to the exchanging or refunding of lift tickets purchased online can be found in the Rates and Transport Conditions of Zermatt Bergbahnen AG. CUSTOMERS are advised to take out private accident and cancellation insurance.

2.2 Order types

Four different types of order can be placed with the Zermatt Bergbahnen web shop.

2.2.1 Pick-up:
The ticket can be collected on the spot at the ticket machine or from the sales offices in Matterhorn Glacier Paradise, Sunnegga-Rothorn, the SAC Snow and Alpine Centre (winter only) as well as at Gornergrat and Zermatt Tourism on presentation of the order confirmation.

2.2.2 Recharge:
The ticket is uploaded onto an existing KeyCard. No exchange is necessary.

2.2.3 Delivery:
The “Delivery” order type incurs forwarding charges plus the KeyCard deposit of CHF 5:

  • Delivery within Switzerland: CHF 3
  • Delivery in Europe: CHF 5

The average delivery time within Switzerland is 2–3 working days. Within Europe it is 3–5 working days and outside Europe 5–10 working days. Orders are processed and dispatched on weekdays from Monday to Friday. Any taxes, customs duties and inland delivery costs for deliveries abroad will be billed to the CUSTOMER.

2.2.4 Mobile/Print@Home:
Tickets for individual trips may be booked in the form of barcode tickets. These tickets may be printed off or presented on a mobile device to be read at the turnstile. No exchange is necessary.

2.3 Insurance and guarantees

2.3.1 SkiCare and PassProtect:
The CUSTOMER has the option to purchase SkiCare and PassProtect ski insurance offered by Solid Insurances. All information relating to insurance and the respective insurance providers is available at www.skicare.ch. 

2.3.2 Money-back guarantee:
The money-back guarantee ensures that the CUSTOMER will receive a refund for the cost of the services booked online in the event that she or he is unable to travel. The money-back guarantee costs CHF 10 per booking and covers the following:

  • CUSTOMERS with a profile at www.matterhornparadise.ch, may cancel a booking up to 48 hours before it becomes valid or prior to the departure date, or e-mail a cancellation request to ZBAG at info@matterhornparadise.ch. 
  • If the CUSTOMER does not have a profile, ZBAG can cancel the booking 48 hours before it becomes valid or prior to the departure date upon request via e-mail to info@matterhornparadise.ch. 
  • Forwarding charges will only be refunded if delivery of the products/services has not yet taken place.

For season passes, the money-back guarantee is valid as long as the pass remains unused, regardless of the start date of the validity. 

In no case can the money-back guarantee be refunded. 

2.4 Combined offers/experiences

2.4.1 A combined offer is defined as a prearranged combination of a ZBAG service (travel ticket or ski pass) and at least one service provided by an external partner (e.g. meal in a mountain restaurant). The combined offer is always offered for an all-inclusive price.

2.4.2 Cancellations/refunds for combined offers:
On principle, combined offers, once booked and paid for, cannot be cancelled.
If the combined offer cannot be provided on the chosen day owing to adverse weather conditions, another date can be arranged in consultation with ZBAG. If no alternative date can be found during the CUSTOMER’S stay, the CUSTOMER will in every case receive a refund for the service booked.

2.5 Free-time activities

2.5.1 For the sale of leisure activities (including mountain carting, kickbiking, etc.) the Rates and Transport Conditions of Zermatt Bergbahnen AG shall apply.

2.5.2 For some leisure activities and combined offers offered by ZBAG, a minimum number of participants is stipulated. If this number is not reached, ZBAG may cancel the activity up to 12 hours prior to the specified start time. In this event, ZBAG will refund the CUSTOMER the price paid. Any additional claims are excluded. 

2.6 FUNVENTURE Wolli Card

Children under nine years of age accompanied by an adult who purchases a multi-day pass will receive the FUNVENTURE Wolli Card. This is valid from the day of issue to 31 October and entitles the holder to free travel on all the Zermatt lifts (including the Gornergrat railway) and a range of other discounts and offers in the Zermatt-Matterhorn resort. The FUNVENTURE Wolli Card is for the use of the named holder only and is non-transferable.

3. Conclusion of the contract

3.1 ZBAG will confirm commissions, bookings and orders made by the CUSTOMER with a booking confirmation. The booking confirmation, these booking conditions and the fee payable by the CUSTOMER to ZBAG for the services (payment) are an integral part of the contract.

3.2 The contract is concluded either between ZBAG and the CUSTOMER or, if ZBAG is acting as an agent, directly between the CUSTOMER and the SP. If a contract is concluded directly between the CUSTOMER and the SP, the contractual conditions of the SP apply, and in such a case ZBAG acts only as the underwriting agent with power to collect in accordance with Art. 418a ff. CO.

3.3 The contract only comes about with the issuance of the booking confirmation by ZBAG. 

4. Description of services

4.1 The products, services and packages offered/arranged by ZBAG are rented/sold in the configuration and under the terms specified in the online shop.

5. Prices

5.1 Bookings will be made at the cheapest current daily price available for the dates of the stay as selected in the web shop. Special last minute, seasonal, weekend or promotional prices will be taken into consideration during the booking process. Under certain circumstances, price fluctuations may occur during the booking procedure. In such cases, the CUSTOMER will be notified prior to the payment process.

5.2 All prices are shown inclusive of VAT.

6. Booking and payment

6.1 The resale at a higher/lower price to third parties of services booked with ZBAG is prohibited. In such cases ZBAG is entitled to cancel the booking, especially if the CUSTOMER has given false information about the nature of the booking or payment to the third party during the transfer/sale.

6.2 The services are defined in the web shop description of the offering and in the booking confirmation. 

6.3 As soon as the booking is validated the CUSTOMER and, in the case of an arranged transaction, the SP, will receive written confirmation from ZBAG. The booking confirmation will detail the services included in the price. The booking becomes valid upon receipt of the booking confirmation.

6.4 The price as confirmed by the reservation system is to be paid by credit card to ZBAG in full by the CUSTOMER.

7.    Liability

7.1 For its own services, ZBAG accepts liability only for disruptions to services due to intentional acts or gross negligence; any further liability is excluded, to the extent permitted by law. Any liability on the part of ZBAG is excluded as far as the law allows. 

7.2 ZBAG excludes any liability for non-performance or incorrect performance, particularly if resulting from any of the following causes:

  • Non-compliance and/or conduct of the CUSTOMER
  • Non-compliance and/or conduct of third parties not involved in the performance of the service
  • Force majeure or unforeseeable or unavoidable events

7.3 When ZBAG acts only as a commissioning agent and/or concludes a contract on behalf of and for the account of an SP, ZBAG is liable solely for the proper booking and reservation of the services commissioned. ZBAG excludes any liability, to the extent permitted by law, for the service provided by the SP. Any claims arising from the non-performance or inadequate performance of the SP’s services are to be directed exclusively to the relevant SP. 

7.4 Liability for any product defects is defined according to the Swiss Product Liability Act (Produktehaftpflichtgesetz). 

7.5 Any deficiencies in the services arranged by ZBAG must be made known without delay. The same applies if the CUSTOMER suffers any loss/damage. Limitations of liability in accordance with the aforementioned provisions remain reserved in any event. 

7.6 ZBAG further excludes, to the extent permitted by law, any liability for:

  • Loss of personal effects, valuables, cash, jewellery, photographic and video equipment, etc.
  • Loss, theft, damage or misuse of cheques, credit cards or similar
  • Itinerary changes as a result of railway, bus, ship or air transport companies failing to adhere to timetables
  • Events and excursions in the Zermatt-Matterhorn region not booked by the CUSTOMER with ZBAG

8. Court of jurisdiction

All legal relationships between ZBAG and the CUSTOMER are subject exclusively to Swiss substantive law to the exclusion of any rules on the conflict of laws. The sole place of jurisdiction for any disputes is Visp.