Zurich Tourism General Terms and Conditions
I. Scope of general terms & conditions
1. Zürich Tourism as provider / operator
These General Terms & Conditions (hereinafter: "GTCs") govern the contractual relationship between the customer and Zürich Tourism (association headquartered at 8006 Zürich, Stampfenbachstrasse 52) concerning services for which Zürich Tourism serves as the direct provider / operator (e.g. city tours, sale of merchandising goods by Zürich Tourism, shopping escort). The customer shall accept these General Terms & Conditions at the time of placing the order. The specifics shall be governed by item III hereinafter.
2. Zürich Tourism as an intermediary for third-party services
In the event that Zürich Tourism arranges third-party services (e.g. hotel bookings, city tours, excursions, event tickets), the contract shall be concluded between with the respective third party and the customer. The third party (operator) will be cited on the website. In the event that the ordering process may also be handled by Zürich Tourism, this shall not alter the fact that in this case the contractual relationship is between the third party and the customer. In any case, the General Terms & Conditions of the respective provider explicitly mentioned with respect to the offers shall apply. The specifics shall be governed by item IV hereinafter.
II. Zürich Tourism website (www.zuerich.com)
1. Content of Zürich Tourism website
Zürich Tourism is the operator of the website www.zuerich.com and offers its own services on this web page. It also provides third parties with the possibility of offering their services on the website.
2. Caveat emptor and exclusion of liability
Zürich Tourism uses all such care as necessary to ensure that the information published on its website is reliable. No warranty is expressly given for the accuracy, reliability or completeness of the information. Zürich Tourism further assumes no responsibility for the website to function without interruption or for the server to be without harmful components. Any liability of Zürich Tourism shall be excluded pertaining to elements of the website being accessed or resulting from their use.
Zürich Tourism shall not be responsible or liable for the content or functioning of linked web pages of third parties. It exercises no influence on the content design of these websites. Consulting these websites shall be at the risk of the customer.
III. Zürich Tourism as operator / provider
1. Zürich Tourism as operator
In the event that Zürich Tourism serves as the operator of city tours or any other offers, the contract shall be concluded between Zürich Tourism and the customer.
2. Conclusion of the contract with Zürich Tourism
The offers on the Zürich Tourism website are non-binding offers (invitation to submit an offer). By making an order (by letter, e-mail, phone, submission of the completed form), the customer submits a binding offer to Zürich Tourism with respect to the conclusion of contract and accepts the GTCs of Zurich Tourism as well as the cancellation policy. Receipt of the order is subsequently confirmed to the customer (by phone, letter, e-mail or a system message). Acknowledgement of receipt shall not be considered acceptance of the offer. The contract shall be concluded only after Zürich Tourism accepts the customer's offer and formally confirms the order to him. In the event that the customer submits a non-binding offer by phone, letter, e-mail or submission of the completed form, the response by Zürich Tourism shall be considered the binding offer with respect to the conclusion of contract. In this case, the contract shall be concluded by means of the customer's explicit acceptance of the offer.
3. Fulfilment of contract and cancellation
Zürich Tourism undertakes to accurately fulfil its contractually agreed services. It is explicitly stated that in the context of the events offered, Zürich Tourism will not wait for participants who fail to arrive on time. This shall not be considered a non-fulfilment of the contract on behalf of Zürich Tourism.
In the event that, subsequent to the conclusion of contract, a service cannot be carried out or is cancelled by Zürich Tourism due to reasons for which Zürich Tourism is solely responsible, payments already made by the customer shall be refunded.
Any open claims arising from the cancelled booking which are held by Zürich Tourism with respect to the customer shall be cancelled.
In the event that the service cannot be carried out or is cancelled by Zürich Tourism due to reasons for which Zürich Tourism is not responsible, and in the event that the customer provides proof that he is not personally responsible, Zürich Tourism reserves the right to execute a partial refund of up to 50%; however, it shall not be under any obligation to do so. With regard to the financial consequences of a customer's cancellation of a service, Zürich Tourism's conditions of cancellation apply. The customer undertakes to accept these at the time of placing the order.
4. Liability of Zürich Tourism
Zürich Tourism assumes liability solely in the case of wilful damage and gross negligence concerning events mentioned under this item for which it serves as the operator. Liability for slight negligence and for ancillary employees shall be excluded. Zürich Tourism shall not assume liability in the event that the customer himself or third parties are at fault. Liability for lost profit or other direct or indirect consequential damages shall be excluded. Liability arising from the access to the website www.zuerich.com or its use shall also be excluded. The customer is solely responsible for the secure storage of valuables at events carried out by Zürich Tourism.
5. Sale of merchandising goods by Zürich Tourism
The sale of merchandising goods by Zürich Tourism is exclusively based on the provisions of the Swiss Code of Obligations for sales agreements (OR 184ff).
IV. Arrangement of third-party services
1. A third party serves as operator and contractual partner of the customer
In the event that Zürich Tourism arranges third-party services (e.g. hotel reservations, etc.) by publishing such third-party offers on its website, the contract concerning the content of the third-party service shall be concluded between the customer and the corresponding operator. Zürich Tourism shall not serve as a contracting party. Third-party services are subject to the contractual conditions of the service provider.
2. Conclusion of the contract with third parties
Third-party offers on the website of Zürich Tourism shall be considered non-binding offers by the third-party. By making an order (by submission of the completed form), the customer submits a binding offer to the third party with respect to the conclusion of contract and accepts the GTCs of Zurich Tourism as well as the cancellation policy of the third party. Receipt of the order is subsequently confirmed to the customer (by e-mail or a system message). Acknowledgement of receipt shall not be considered as the acceptance of the offer. The contract with the third party shall be concluded only after the customer's offer has been accepted and the order has been confirmed to him. In the event that the customer submits a non-binding offer through submission of the completed form, the response received shall be considered the binding offer with respect to the conclusion of contract with the third party. In this case, the contract with the third party shall be concluded by means of the customer's explicit acceptance of the offer.
3. Fulfilment of contract and cancellation
The third party as contractual partner of the customer is solely responsible for fulfilment of the contract. The contractual terms of the third party shall apply. Zürich Tourism shall not provide any warranty for the accurate fulfilment of contractual obligations by the third party. Possible complaints shall be addressed solely and without delay to the third party. The third-party conditions of cancellation shall apply. The customer undertakes to accept these at the time of placing the order.
4. Exclusion of liability
Zürich Tourism shall not assume liability for any damages suffered by the customer pertaining to third-party services. Possible claims for damages shall be addressed to the third party.
5. Terms of payment
If not agreed otherwise by the parties in individual cases, selected debit and credit card payments as well as cash payments on site in Swiss francs and Euros shall be accepted. Zürich Tourism shall reserve the right to issue an advance invoice for confirmed services. All prices are quoted in Swiss francs including legal value added tax.
V. Intellectual property / intellectual property rights
The entire content of the website www.zuerich.com as well as the content of the newsletter which can be subscribed is copyright reserved. The owners of the protected elements shall be either Zürich Tourism or the third parties which have approved the use of elements by Zürich Tourism. Website visitors shall be granted neither the ownership of, or user rights to, the elements of the website or software, and in particular no license to copyright protected content or content protected by trademark law. Contents and elements of the website may be downloaded or printed out only provided that no copyright notices or other protected labels are removed and copyright is acknowledged accordingly. Zürich Tourism shall explicitly reserve all rights. Fully or partially reproducing, transferring, modifying or using the website www.zuerich.com for public or commercial purposes is not permitted without prior written approval by Zürich Tourism.
VI. Data protection
Zürich Tourism undertakes to treat personal data (data concerning an identified or identifiable person) in accordance with the provisions of the Swiss data protection law. Reference is made to the data protection statement of Zürich Tourism.
VII Common and final provisions
1. Salvatory clause
Should any point of these general terms and conditions be fully or partially invalid, it is to be replaced with a corresponding point which is valid and possesses the equivalent economic value of the invalid point. The remainder of the points shall remain unaffected and valid.
2. Adjustments to the GTCs
Zürich Tourism reserves the right to change these GTCs at any time. The valid version will be published on www.zuerich.com and shall be valid for orders placed after the date of publication. The version which is valid at the time of placing the order shall apply.
3. Applicable law and jurisdiction
The contract between the customer and Zürich Tourism is exclusively subject to Swiss law. The sole jurisdiction for possible disputes between Zürich Tourism and the customer shall be the governing courts at the place of business of Zürich Tourism.
Version No. 1, 16.06.2014