General

These General Terms of Business apply to all services and products (hereafter referred to jointly as “services”), whether available against payment or free of charge, provided by ENGADIN St. Moritz Mountain Pool (hereafter referred to as “ESMP”). ESMP comprises the following mountain transport companies, together with their hotels and gastronomic outlets:

• Skilift Aela Maloja AG
• Corvatsch AG
• Skilift Cristins
• Luftseilbahn Corviglia-Piz Nair AG
• Bergbahnen Engadin St. Moritz AG
• Sessel- und Skilifte Alp Languard AG
• Skiliftgenossenschaft Survih
• Skilift Müsella AG
• Skilifte Zuoz AG
• S-chanf

In addition, when using certain ESMP services, special regulations may apply. In such an event, the customer shall be notified of this before using the service concerned. On using the services provided by ESMP, customers automatically accept these General Terms of Business. A written version of these General Terms of Business (with the exception of Tariff 654, Direct Transportation relating to SBB Half-Fare or GA travelcard holders) can be obtained from any ESMP ticket office or downloaded at www.engadin.stmoritz.ch/mountains.

1.1 Contract

The unconditional acceptance – that is, the purchase – of one or more ESMP services constitutes a contract with ESMP. From this point on, the rights and obligations arising from this contract, including the General Terms of Business, shall take effect.

1.2 Identification requirement

On the request of a mountain transport employee, the customer must present an official, valid identification document.

1.3 Age categories/Group categories

Winter/Summer
Young children up to and including 5 years old
Children 6–12 years old
Young people 13–17 years old
Adults 18 years old and over

No reductions are granted for senior citizens or students.

Families
A family is deemed to comprise at least one parent and at least one child/young person living in the same household.

Groups
For group rates, a group is deemed to comprise at least 15 persons, irrelevant of age, who simultaneously purchase lift passes of the same scope, duration and validity dates. The lift passes must be ordered in writing at least 24 hours in advance. They shall only be handed over to the group leader on presentation of a valid ID and provision of his/her signature and address details.

1.4 Services

The services rendered by ESMP are set out in the current price lists published by the individual mountain transport companies and hotels, as well as in the electronic media and other written offers. Discounted prices, special wishes or tailor-made arrangements shall only form part of the contract if they have been confirmed in writing.

1.5 Validity of lift passes and season passes

Lift passes are only valid during the day and during the official operating times, as well as for scheduled evening trips on the Muottas Muragl funicular.

1.6 Evening events outside the official operating times

For evening events and activities outside the official operating times (e.g. Snow Night, Glüna Plaina, etc.), other terms and conditions apply.

1.7 Transport

With the sale of a lift pass, ESMP undertakes to transport the lawful pass holder in accordance with these General Terms of Business. This also includes the use of all prepared and marked pistes, as well as hiking paths and toboggan trails.
Sports equipment, in particular toboggans, air boards, ski bikes, mountain bikes, hang-gliding/paragliding canopies, etc., shall only be transported if the infrastructural and safety installations so permits and the regulations relating to the protection of wildlife and animal sanctuary zones are not breached in any way. A charge is payable for transporting certain sports equipment (mountain bikes and canopies).

2. Prices, scope of validity and terms of payment

2.1 Prices

Prices for lift passes are published in the price lists of the individual mountain transport companies (giving exact pass types with the appropriate year), as well as on the Internet. Unless otherwise mentioned, prices are per person and generally include VAT. All passes are personal and non-transferrable. In the event of discrepancies in the prices published in individual printed or electronic media, those given in the official Tariff and Transportation Regulations leaflet and on the website page, www.engadin.stmoritz.ch/mountains, shall apply.

In addition to the cost of the lift passes, ESMP charges a fee of CHF 10.00 for the electronic data carrier issued to pass holders, known as the “ENGADINcard”. On payment of this fee, this data carrier becomes the property of the purchaser. Data carriers can be used recurrently and in certain cases can also be used in other snow sports regions.

2.2. Scope of validity

General Abonnement All-Inclusive passes are valid for a given number of consecutive days. With the daily optional tickets, the given number of days must be used up by the end of the specified period; the 5- and 10-day variants are valid until the end of the season. Multi-ride tickets for the practice lifts are valid for the duration of one season. Unused days can neither be refunded nor carried forward to the next season.

2.3 ENGADINcard data carrier

The ENGADINcard is a data carrier that enables contact-free access to the lifts and pistes. It is issued at a cost of CHF 10.00. It can be sold back to any issuing ticket office for CHF 10.00 providing that all the following requirements are met:

• The ENGADINcard is undamaged
• The card holder returns the ENGADINcard to an issuing ticket office within 72 hours of the expiry date of the purchased lift pass. In the event that this 72-hour deadline is not complied with, ESMP is not obliged to refund the cost of the card.

2.4 Terms of payment

Payment is due immediately on conclusion of the contract. The purchase of lift passes on credit or account is fundamentally not permitted. Exceptions to this rule must be agreed in advance and are only valid if confirmed by ESMP in writing. For other services and products, the customer undertakes to pay the amount invoiced by the due date stated on the invoice. In the case of small sums being payable, ESMP shall be entitled to postpone issuing the invoice. Objections relating to an invoice must be made in writing, stating the reasons, within 10 days. In the event that the customer fails to pay the invoiced amount within the given period, he/she shall, without any further notice, be in default and is liable to pay 5% default interest. If payment has still not been received after the second reminder, ESMP shall be entitled to suspend all services to the customer without further notice. ESMP reserves the right to request advance payment, either in part or in full, for services rendered. For events with an invoice address outside Switzerland, a credit card number with the expiry date and card verification code (CVC) must be given as a guarantee or full payment made in advance. This also applies to events booked from abroad. An exception here is special agreements concluded between the customer and ESMP.

2.5 Means of payment/Price reductions

Lift passes are sold in return for cash or payment by debit, credit or Postkarte post office card. Payment in EUR, USD and GBP is accepted at the rate of exchange published by the ESMP company concerned. Change is given in Swiss francs only. The acceptance of other means of payment (e.g. REKA cheques) shall be at the discretion of the company concerned.

Holders of special tickets, passes and travelcards, such as the SBB Half-Fare or GA travelcards, are not automatically entitled to general price reductions. The granting of discounts on presentation of certain tickets, passes and travelcards shall be at the discretion of the individual companies.

2.6 Cancellations/Reservations

In the event that the customer cancels an event, the following cancellation fees shall be payable:

• for cancellations of events or reservations, an administration fee of CHF 200.00 is charged
• up to 4 weeks before the event, 20% of the total amount is payable
• up to 2 weeks before the event, 50% of the total amount is payable
• for cancellations received less than 2 weeks before the event, the full amount is payable

2.7 Changes in prices and services

Up to the conclusion of the contract, ESMP expressly reserves the right to amend the prices and descriptions of its services as published on the Internet, in promotional material and on price lists.

2.8 Currency

Prices quoted on the website and in the various printed matter are in Swiss francs.

3. Lift passes

3.1 Refund in the event of accident, illness or death

Generally speaking, day tickets are not refunded. In the case of illness or accident, tickets valid for two days or more, as well as season and year passes, will be reimbursed on a pro rata basis on presentation of a doctor’s certificate issued by a medical practitioner from the region. Personal cards or passes that can no longer be used due to accident or illness must be handed in at an ESMP ticket office as soon as possible (a third party may also do this). Reimbursements are calculated based on the date on which the card or pass is returned, not the date of the accident or illness, however at the earliest the first day on which it is not used. In the case of a death in the immediate family or of a direct relative, the lift pass can be handed in at an ESMP ticket office. Reimbursement shall be made on presentation of proof of death at the same ticket office. The refund entitlement for tickets valid for two days or more shall end on the last day of the current season. Once the season has come to an end, no refund of any kind can be made. In the event that a multi-day ticket, season pass or year pass is used again after being deposited at an ESMP ticket office, the entitlement for refund shall also no longer exist. Customers are required to sign a receipt whenever a refund is issued.

Lift passes that through no fault of the customer are defective and do not function properly shall be replaced free of charge. Passes that have been damaged by external influences can be exchanged on payment of an administration fee of CHF 20.00.

3.2 Forgotten/lost passes

Customers who forget their lift pass must purchase a new one at an ESMP ticket office. The replacement lift pass shall be reimbursed at any ESMP ticket office on production and inspection of the forgotten pass.

Lost lift passes shall not be refunded or replaced. Customers who lose their lift pass must purchase a new one at an ESMP ticket office. In the event that the lost pass is found again, the cost of the replacement will, on production and subsequent inspection, be reimbursed at any ESMP ticket office.

Holders of ski passes bearing a photograph shall be issued with a replacement card and, where applicable, be entitled to a refund, on presentation of the purchase receipt at any ESMP ticket office and after the lost ski pass has been blocked from further use.

In all cases, an administration fee of CHF 15.00 shall be payable. Customers are always required to sign a receipt whenever a refund is issued.

3.3 Travel without a valid lift pass

The staff of the ESMP companies are entitled to perform tickets checks at any time. On the request of a member of staff, the customer must present a valid ski pass together with an official, valid ID card or similar form of identification. All instances of improper use, in particular the use of personal lift passes issued to other persons or of ski passes that have been tampered with will result in the ski pass, including the data carrier, being immediately confiscated without any entitlement to compensation, and shall be deemed to constitute travel without a valid lift pass. Persons who use any of the services provided by ESMP (e.g. transport facilities, pistes, etc.) without a valid ticket shall be prosecuted.

Persons using ESMP services without a valid lift pass, are required to immediately pay the cost of a valid lift pass (e.g. day ticket), as well as a fine of CHF 150.00. If these two amounts are not paid immediately, an additional administration fee of CHF 50.00 shall be payable. In the event that such behaviour is repeated, the person’s ski pass shall be confiscated and his/her personal data deleted from the computer system. Moreover, ESMP reserves the right to prosecute.

Ticket inspections are regularly carried out in the various snow sports areas. On the request of a ticket inspector, the ski pass together with a valid ID card with a photo must be presented.

3.4 Misconduct on the part of lift pass holders

In the case that a lift pass holder behaves in a reckless manner, violates the provisions laid down in these General Terms of Business, or disregards the instructions of the transport employees, closures of ski runs (e.g. due to the danger of avalanche or for other safety reasons) or hiking paths, regulations relating to forest and wildlife protection zones, or the FIS Rules of Conduct, ESMP shall be entitled to ban him/her from using the transport facilities and ski pistes and, unless otherwise stated in these General Terms of Business, to confiscate his/her ski pass without any entitlement to compensation and to refuse to transport him/her. Furthermore, ESMP reserves the right to prosecute.

Persons who endanger safety and order in the winter sports region due to drunkenness or drug abuse may be banned, temporarily or permanently, from using the transport facilities and pistes. Any entitlement to reimbursement of the cost of the ski pass shall be determined in accordance with Para. 3.1.

3.5 Duty of care on the part of pass holders

The owner of the ski pass is obliged to keep it in a safe place and prevent it from being misused. In the event that the ski pass is used unlawfully, the company shall be entitled to confiscate and destroy it without compensation. ESMP also reserves the right to prosecute.

3.6 Damage

Persons who damage or soil the transport facilities or other installations or equipment belonging to ESMP shall be liable for the repair/cleaning costs. In the event of wilful damage, ESMP reserves the right to prosecute.

4. Rented equipment

The rental of sports and other equipment is regulated by means of individual rental contracts and the terms and conditions contained therein. The General Terms of Business are in all cases an integral part of such rental contracts concluded with ESMP. Currently, ESMP rents out various items of sports equipment, as well as equipment deposit facilities.

5. Customer events

ESMP also organises special events for customers and private groups, both during the day and in the evening. The legal relationship is based on the reservation/order confirmation. In the event that the customer does not respond to the offer provided by ESMP within the stated period, the offer shall cease to be valid. Reservations are confirmed in writing.

The customer must confirm the definite number of persons attending the event at the latest 72 hours before the event. If subsequently fewer persons are expected to attend than originally foreseen, the total number of registered persons shall be invoiced; if suddenly more people are expected to attend, the actual number of persons shall be invoiced. In the case that the number of guests exceeds the number originally registered by more than 10 per cent, ESMP is no longer able to guarantee the volume of goods available and the agreed time schedule.

All food and beverages shall be ordered through and provided by ESMP. Customers are not permitted to serve on ESMP’s premises, whether indoors or outdoors, food and/or beverages that they have brought themselves or that have been provided by another supplier.

In the case that ESMP has good reason to believe that an event might endanger the smooth running of its operations, safety or the reputation of the company, it shall be entitled to cancel the reservation at any time and without any entitlement to compensation.

In the event that a customer event cannot take place due to force majeure (e.g. storm, danger of avalanche, etc.), the relevant ESMP company shall endeavour to find an acceptable alternative. In the event of cancellation, the provisions listed under Para. 2.5. shall apply.

6. Interruption in or shutdown of services

No refund or compensation shall be due in the event that ESMP is unable to perform, in whole or in part, its obligations as laid down in the Transportation Regulations due to circumstances beyond its control. This particularly applies in the case of the following:

• shutdown of operations and/or closure of pistes due to hazards or force majeure, such as adverse wind and weather conditions, danger of avalanches, labour disputes or regulatory actions
• congestion in the transport facilities
• interruption in operations, e.g. due to technical defects or power failure

7. Accidents in the snow sports region

In the event that a ticket holder suffers an injury in the winter sports region or when using ESMP transport facilities, he/she shall be entitled to make use of the rescue service provided by ESMP. This service is subject to costs in accordance with a separate set of tariffs. Ambulance transports, as well as costs incurred by third parties (e.g. Swiss Air-Rescue REGA), must paid by the customer direct. The patient is responsible for claiming reimbursement of costs incurred from his/her insurance company.

8. Complaints/Liability

Any complaints on the part of the ticket holder regarding the performance of services by ESMP should be immediately reported to a member of staff or ESMP. If the ticket holder fails to do this, any claims vis-à-vis ESMP shall be invalid.

ESMP shall be liable for damages to persons and property caused by ESMP or its staff, according to the following provisions. The appropriate provisions as laid down in the Swiss Code of Obligations shall determine liability in the second degree.

Liability on the part of ESMP for damages to persons and property is explicitly excluded in the case of accidents resulting from the following:

• disregard of signs and notices, i.e. ignoring markings and sign boards, leaving the marked and officially monitored pistes
• disregard of instructions and warnings by the transport staff or the piste and rescue services
• disregard of warnings concerning avalanche risks
• wilful misconduct or gross negligence on the transport facilities and/or pistes
• in pursuance of high-risk sports, such as freeriding, downhill biking, paragliding, hang gliding, etc.
• in pursuance of the sport of mountain biking on all hiking and bike paths, as well as tracks and roads
• inadequate preparation of pistes

Furthermore, the liability on the part of ESMP shall fundamentally be based on the guidelines governing the legal duty to ensure safety relating to snow sport runs. ESMP shall not be liable for accidents occurring outside the secured and marked winter sports pistes. This also includes accidents occurring on walking/hiking paths and toboggan trails.

For damages to persons and property resulting from ESMP’s non-compliance or improper compliance with the contract, ESMP shall be liable within the framework of these General Terms of Business and the appropriate Swiss laws.

ESMP does not accept liability for theft or damage to property occurring within the winter sports region.

9. Insurance

ESMP recommends that guests arrange complimentary insurance cover, e.g. in the case of cancellation or travel accident/illness, reimbursement of return journey expenses, etc.

10. Customer data

Individual ESMP companies monitor the top and bottom stations of their transport facilities using video monitoring systems. ESMP undertakes to comply with the applicable data protection legislation relating to managing and processing customer data and customer usage data. Customer data shall be used solely to maintain and improve customer relations and quality and service standards, to maximise operational safety, and for the purpose of sales promotion, product design, crime prevention, key economic figures and statistics, and invoicing of products or services.

The customer hereby acknowledges and assents to the fact that, in cases where it jointly provides services in collaboration with a third party, ESMP shall be entitled to make customer data available to that third party insofar as this is necessary to provide said services.
Furthermore, the passing on of customer data to a third party shall only be permitted with the express consent of the customer. The only exception to this is when ESMP is obliged to do so by law.

11. Further provisions

Insofar as these General Terms of Business do not state anything to the contrary, the following laws and regulations shall apply mutatis mutandis:
• Transport concession of the individual transport facility
• Swiss Law on Public Transport
• Swiss Ordinance on Public Transport
• Swiss Code of Obligations
• FIS rules of conduct
• SKUS guidelines

12. Final provisions

Notifications by e-mail shall be deemed to have been made in writing.
All contracts concluded with ESMP are governed exclusively by Swiss law.
The sole legal venue for any disputes arising from such contracts is St. Moritz.

St. Moritz, September 2011