General Terms and Conditions (GTC) of Obergoms Tourismus AG (OTAG)
1. services
Obergoms Tourismus AG (OTAG) is a public limited company based in Goms. The purpose of the company is to organize tourism in the Goms vacation region from Oberwald to Niederwald, including the Grimsel, Furka and Nufenen pass regions. In pursuit of this purpose, OTAG operates and maintains the Goms cross-country ski trail, the Ulrichen Nordic center, regional summer and winter hiking trails and offers other services of its own or in cooperation with other partners.
Customers are natural and legal persons who use the services and/or infrastructure of OTAG. By using services, products and/or infrastructure, customers acknowledge the validity of these “General Terms and Conditions” (GTC).
2. Scope of application
These “General Terms and Conditions” (GTC) apply to all services provided by OTAG. Mandatory statutory provisions of Swiss law, in particular the Federal Act on Package Travel, remain reserved. The GTC shall apply in addition to the respective contract, whereby deviating contractual agreements between OTAG and the customer shall take precedence over the GTC.
3. Applicable law and place of jurisdiction
This contract is subject to Swiss law.
The place of jurisdiction for any disputes arising from the contract is 3900 Brig, Switzerland.
The application of the Vienna Sales Convention is expressly excluded. In the event of ambiguities with foreign language versions, the German version shall prevail.
All correspondence should be sent to the following address:
Obergoms Tourismus AG
Furkastrasse 617
CH-3985 Münster
4. Conclusion of contract
The contract between OTAG and the customer comes into effect with the declaration of acceptance by OTAG. The declaration of acceptance shall be made in writing. The verbal declaration of acceptance must be confirmed in writing. The written form is satisfied by sending a letter, e-mail or SMS. The delivery of the ordered goods is also deemed to be a declaration of acceptance.
5. brochures / price lists
The information contained in OTAG's brochures and price lists is binding unless it contains reservations of change. Unless otherwise stated, VAT is included in the price. Payments in euros (EUR) will be converted at the exchange rate on the date of the credit note received by OTAG.
OTAG's offer is made in Swiss francs (CHF). OTAG is entitled to change prices at any time and to demand advance payments from its customers. Statutory taxes and duties are to be calculated separately and may also result in an adjustment of prices at any time.
6. online orders
Online orders for payment by credit card must be placed and paid for at least five working days before the date of dispatch or use of the service, otherwise OTAG cannot guarantee timely delivery or correct provision of the service. When paying by credit card (VISA, MasterCard etc.), the credit card number with expiry date and the card verification number (CVC) must be stated. OTAG accepts no liability for internet malfunctions, damage caused by third parties, business interruption, loss of transmitted data, etc.
7. postal delivery
Customers bear the risk of postal delivery. The costs incurred in the event of return or non-acceptance shall be borne by the customer.
8. withdrawal from the contract
OTAG and the customer may withdraw from the contract without compensation if force majeure or other circumstances for which they are not responsible make it impossible to provide or accept the service. Withdrawal from the contract must be made in writing. Furthermore, OTAG may withdraw without compensation if the required minimum number of participants is not reached for package offers and the withdrawal is communicated no later than seven days before the start of the event.
The following regulation applies if the customer withdraws from a package deal:
Customers owe a processing fee of CHF 50.00 if the withdrawal is received by OTAG in writing at least 14 (fourteen) days before the start of the offer. Customers owe a compensation of 50% of the agreed flat rate if the withdrawal is received by OTAG in writing between 7 (seven) and 13 (thirteen) days before the start of the offer. In all other cases, customers shall owe the agreed package price in full, in particular in the event of late arrival or early departure.
OTAG recommends that customers take out cancellation insurance. No compensation is owed by the customer if they propose a replacement customer who assumes all rights and obligations arising from the contract agreed with the customer and is solvent.