Services
Adventures1. General: Thank you for your interest in offers presented by Rigi Railways (hereinafter RB). Acceptance of your booking at one of our sales outlets constitutes the conclusion a contract between RB and yourself. We therefore request that you read carefully the following standard terms and conditions which form an integral part of this agreement.
2. Conclusion of contract: Application to conclude a contract may be made in writing, by telephone or in person with RB. Through your application, you acknowledge acceptance of the following terms and conditions as binding between RB and yourself. The agreement attains validity immediately upon receipt by ourselves of the countersigned confirmation of order (in writing or by fax, duly signed). All rights and duties ensuing from the agreement pertaining to the contracting parties shall be effective as of this point in time.
3. Object of the contract: RB is obliged to provide products or services requested by yourself, as offered by RB in accordance with the descriptions detailed in its brochures. Special requests may be considered subject to written agreement with RB. Any additional costs incurred are to be borne by the customer.
4. Prices: Prices of offers are detailed in the current price lists or applicable confirmation of order. All prices are subject to value added tax. Price details listed in offers or confirmations are inclusive of VAT. Prices remain subject to change without notification.
5. Terms of payment, cance llation or order amendment by customers: Terms of payment and the effects ensuing from cancellation or order amendment by customers vary according to product category. The terms detailed in each respective confirmation of order shall apply. Your acceptance of these terms is communicated upon signature of the confirmation of order.
6. Cancellation or order amendment by RB: RB may cancel an activity where justification for such action exists as a result of the actions and/or omissions of participants. In such cases, terms relating to cancellation costs as detailed in the confirmation of order shall apply. Wheresoever an activity is threatened or proves impossible to perform due to force majeure, weather or natural events, official measures or security risks, RB shall be entitled to cancel or prematurely terminate the action. In such cases, all monies paid will be refunded subject to deduction for services already provided by RB. Claims for further compensation are precluded. Insofar as resulting from important grounds, we expressly reserve the right to amend schedules and operate timetables subject to delays. RB shall make all efforts to offer an equivalent service wherever possible: however, in all such cases, customers shall not be entitled to pursue any ensuing legal claims.
7. Termination of activity by customers: Customers prematurely terminating or withdrawing from an activity/event shall not be entitled to any refund of costs. All additional costs arising are to be borne by the customer.
8. Participant conditions: The contracting party is obliged to inform RB of acutely serious health problems of individual participants. Participation in an event under the influence of drugs and/or excessive levels of alcohol is prohibited. The contracting partly is obliged to comply with all conditions of participation and to strictly follow any instructions issued by RB and their ancillary staff, as well as instructions issued by external management and rescue personnel. Insofar as a participant fails to comply with conditions of participation or follow instructions, RB reserve the right to exclude such persons from the event. Where exclusion occurs prior to the activity, terms pertaining to cancellation shall apply. Should exclusion occur after an activity has commenced, the customer shall not be entitled to any reimbursement. Similarly, no right exists to enforce claims for damages for persons or damage to property ensuing from timetable delays as a result of interruptions to operations.
9. Insurance: RB is insured to a standard customary within the trade for disruptions and accidents. All cases of damage pertaining to our passengers are to be settled via the customer's insurer. All claims for recourse to RB insurance are to be settled via the customer's insurer. Direct claims for damages made to Rigi Railways by the customer are precluded. The customer shall be liable for any damages suffered by passengers occurring outside RB facilities or damages lacking sufficient causal connection to such facilities (particularly in the case of contributory action by the injured party).
10. Complaints: The contracting partly must immediately notify railway personnel on site of all complaints or any damage suffered. Receipt of a complaint shall not amount to acceptance of claims on the part of RB. Any claims for damages must be lodged with RB by means of registered letter within one week following conclusion of the activity. All pertinent reports, confirmations and evidentiary materials are to be enclosed with the letter. All claims shall expire in the event of a delay or omission in submitting a claim.
11. Liability for services offered: RB shall be liable within the scope of these standard terms and conditions for faults or failures in carrying out programmes which result in a lower grade of performance than that agreed. In the event of erroneous failures and within a reasonable period of time, RB may provide an alternative service of equivalent standard. In such cases all claims for compensation are precluded. Participants shall be entitled to compensation w here RB are at fault and no equivalent service was provided at the time the fault occurred. Under proviso with respect to rules applying to package tours, in all cases RB shall only be liable to the value of the amount paid for the service and solely for direct loss incurred. With respect to package tours and with the exception of losses caused due to intentional or grossly negligent action, liability of RB for material and economic losses resulting from non-performance or failure to duly fulfil the contract shall be limited to a maximum of twice the price of the service provided. The right to apply lower limits of liability pertaining to international agreements remains. RB reject any liability for damages or detriment of any kind which is not attributable or is merely slightly attributable to any fault in their capacity as organiser. The organiser shall only be liable for actions or omissions of persons in charge of activities (guides, drivers etc.) where such personnel have acted culpably when carrying out their activities. No liability is accepted for participants withdrawing from the group or who do not finish the programme with the overall group. This also applies for participants arriving or departing individually. For activities undertaken in winter sport areas, times of last controls are to be heeded and strictly observed. RB accept no liability outside these times. The full cost of any rescue action is to be borne by the responsible party. On behalf of their customers, RB undertake the procurement of products and services provided by other activity organisers. Under proviso with respect to rules applying to package tours, no liability arising from such procurement activities is assumed for performance of contract, accidents, delays, losses or other irregularities. Similarly, no liability is accepted for losses resulting from force majeure, events of war, strikes, epidemics, natural catastrophes and official orders. Insofar as RB has legitimately transferred performance to a third party, RB shall not be liable for such third parties' actions or omissions. RB shall not be liable wheresoever instructions issued by RB or their auxiliary personnel are not followed.
12. Specific liability provisions: Additionally, liability provisions contained within the Swiss federal law on transportation by public transport of 4 October 1985 (Bundesgesetzes über den Transport im öffentlichen Verkehr) and the Swiss federal law on railways and steamship operations of 28 March 1905 (Bundesgesetzes über die Eisenbahn und Dampfschifffahrts - unternehmungen) also apply.
13. Applicable law: All legal relations between RB and customers are subject to Swiss law. The pertinent legal provisions shall apply. Insofar as these standard terms and conditions provide for other limitations of liability or liability requirements, these shall apply.
14. Legal venue: Legal venue for all disputes arising from this contract is the registered office of Rigi Railways, CH-6410 Goldau, Community of Arth.


