General Terms and Conditions of the Matterhorn App

1.1 Scope

These terms and conditions govern the usage of the Matterhorn App and the contractual relationship between the customer, Zermatt Tourism and the two transport companies Zermatt Bergbahnen AG (“ZBAG”) and Matterhorn Gotthard Bahn / Gornergrat Bahn (“MGBahn/GGB”), travel on which is sold through the web shop at www.matterhornparadise.ch and through the Matterhorn App. These general terms and conditions of business also apply to contracts between the customer, Zermatt Tourism and the restaurants connected to the Matterhorn App, tables at which can be reserved through the Matterhorn App.

Please note in addition the provisions of the Privacy Policy, which you should also read carefully.

1.2 Contracting parties

The contract for the purchase of a digital mountain railway or train ticket (“E-Ticket”) through the Matterhorn App is concluded between the customer and the appropriate transport company ZBAG or MGBahn/GGB, which is responsible for supply of the actual transport service (transport contract). The contract for use of the Matterhorn App is concluded with Zermatt Tourism as the Matterhorn App operator. Contracts regarding the reservation of a table in a restaurant connected to the Matterhorn App are concluded exclusively between the customer and the restaurant at which the table reservation has been made.

The contract for use of the Matterhorn App is concluded with Zermatt Tourism as the operator of the Matterhorn App.

1.3 Applicable provisions

The purchase of E-Tickets through the Matterhorn App and the carriage of passengers are subject to the Rates and Transport Conditions of ZBAG or of MGBahn/GGB, including the fares and other conditions of carriage stated therein. The relevant fare information can be obtained from the transport companies’ manned ticket sales desks and online at each of the companies’ websites.

Use of the Matterhorn App is subject to conditions stated herein.

1.4 Downloading the Matterhorn App

The customer can download the Matterhorn App through the iOS or Android App stores and use it with or without registering. E-Tickets cannot be purchased without registering. After submitting a registration, the customer will receive an email containing the relevant credentials for accessing the Matterhorn App and a verification link to complete the registration process. Once the verification link has been activated by opening it, the customer can use the Matterhorn App to purchase E-Tickets. It is not necessary to register on the Matterhorn App in order to make a table reservation, however it may simplify the process, such as entry of your name and contact details for the reservation.

1.5 Mobile devices

A compatible mobile telephone (smartphone) is required in order to use the Matterhorn App. The Matterhorn App can be used on iOS (version 8.0 and higher) or Android devices (version 4.3 or higher). The customer is responsible for protecting their device against access by third parties and for ensuring that their device works for the entire duration of their journey following purchase of an E-Ticket through the Matterhorn App.

1.6 Mobile telephone network and charges

The Matterhorn App requires the transmission of data through a mobile telephone network provider in order to work. Therefore, a valid mobile telephone contract with an active, working SIM card connected to a mobile telephone network provider is required to operate the App.

Depending on the customer’s mobile telephone contract, charges may be incurred for data transmitted and received when downloading and using the Matterhorn App. These charges are governed by the contract between the customer and their mobile telephone network provider. The mobile telephone network provider will bill these charges to the customer directly.

1.7 Smartphone location services

Use of the Matterhorn App does not require location services to be enabled on the smartphone. Smartphone location services are necessary in order to use our interactive functions and for notifications. When enabling the location services, please also refer to the applicable terms and conditions of the smartphone provider, such as Apple Inc, Cupertino, California, United States.

1.8 Payments and billing

Zermatt Tourism as operator of the Matterhorn App accepts the following payment methods for use in payment for products and services through the Matterhorn App:

• VISA credit card
• Mastercard credit card
• American Express credit card

The customer must ensure that the selected payment method has sufficient funds to cover their purchases and that the payment method has not been blocked.

The payment method stored in the Matterhorn App will be charged at the time of the E-Ticket purchase being completed.

1.9 Licence

All copyright and trademarks in the Matterhorn App are the property of Zermatt Tourism. On installation of the Matterhorn App, Zermatt Tourism grants the customer a single, non-transferable, non-exclusive licence to use the Matterhorn App in accordance with its terms and conditions. The customer is not entitled to create a copy or sublicense the App or transfer any rights in the Matterhorn App in any form to third parties. Neither the content of the Matterhorn App nor the underlying materials that form part of or are a component of the content may be copied, modified, changed, adapted, extracted or reverse engineered (decompiled into source code), corrected or published. There is no entitlement to use the Matterhorn App.

1.10 Termination and exclusion

Zermatt Tourism may terminate the licence agreement with the customer at any time and remove the Matterhorn App from operation. Furthermore, Zermatt Tourism reserves the right in compelling cases (e.g. in the case of misuse) to block the Matterhorn App for individual customers. If a customer who is affected by such action has already purchased an E-Ticket that has not yet been used, they will be given the option of receiving the E-Ticket in the form of a Mobile or Print@Home Ticket to be used in accordance with these terms and conditions. In this case, the E-Ticket will remain valid and Zermatt Tourism will not reimburse the cost of unused E-Tickets.

1.11 Liability

Zermatt Tourism may change the content and information in the Matterhorn App at any time. In particular, the customer is responsible for protecting their mobile telephone against unauthorised access. Zermatt Tourism excludes all liability arising in connection with the content, functionality and use of the Matterhorn App, including liability for malware, to the extent permitted by law. If the functionality of the Matterhorn App or parts thereof and therefore the purchase of an E-Ticket are restricted or not possible for technical reasons, Zermatt Tourism rejects all liability for any resulting losses.

1.12 Privacy provisions

Zermatt Tourism upholds the provisions of European and Swiss data protection in its use of personal data; express reference is made to the Privacy Policy of the Matterhorn App.

When registering, the customer is able to grant consent to marketing from Zermatt Tourism. On this basis, the customer may be supplied on the basis of their registration data (surname, first name, mobile telephone number, email address) with advertising from Zermatt Tourism in the form of newsletters, offers and information. The customer is entitled to opt out (revoke consent) at any time by sending an email to datenschutz@zermatt.swiss.

When such a general opt-out instruction is received, the customer's data will no longer be used for personalised marketing and the customer will no longer be contacted for marketing purposes.

2.1 Registration and creation of a customer account

Before purchasing an E-Ticket for the first time, the customer must register through the Matterhorn App and create a customer account. This requires the customer to enter their surname, first name, date of birth, payment method and email address. After submitting this registration information, the customer will receive a verification link by email. This link must be activated (clicked/tapped) in order to complete the registration process.

The data will be stored in the customer account at Zermatt Tourism and used for the purpose of customer support and for marketing purposes where the customer has granted consent for this. The customer may request that their personal data be deleted in the event that they delete or no longer wish to use the Matterhorn App.

2.2 Offer

The following E-Tickets can be purchased through the Matterhorn App:

• Single and return journeys
• Zermatt - Täsch shuttle tickets
• Ski passes
• Peak Pass

It is not possible purchase tickets for group travel.

2.3 Fares

The E-Ticket will be sold at the best, most favourable daily price available for the selected date of travel in the Matterhorn App. Fares are set by ZBAG and MGBahn/GGB. Any last-minute, seasonal, weekend or special offer prices that are available in the database are taken into account when booking. In some circumstances the price may change during the booking process. In such a case, the customer will be informed of the change before making payment.

2.4 Validity of E-Tickets

The appropriate terms and conditions of the relevant transport company apply. In the absence of provisions in these terms and conditions, the E-Tickets are valid as follows:

• Single tickets: For 2 days following the validity date on the E-Ticket
• Return tickets: For 10 days following the validity date on the E-Ticket
• Ski passes and Peak Pass tickets are valid for the duration set when purchasing the pass/ticket.

It is not possible to use the Matterhorn App to purchase an E-Ticket more than 30 days in advance of the date of outward travel.

We recommend that customers travelling from abroad in particular take out a travel insurance policy that will cover reimbursement of costs such as the E-Ticket in the event that they are unable to travel.

2.5 Purchase and supply of E-Tickets

E-Tickets can be purchased directly through the Matterhorn App. Following completion of the purchase, the Matterhorn App generates an E-Ticket that can be presented and checked for the purpose of ticket control at the relevant transport company’s ticket barriers, either in paper format, using a KeyCard (a reusable RFID card that you have obtained in advance, for example at a Swiss mountain railway station), or on the customer’s mobile telephone. The purchased E-Ticket is personal and non-transferable. The E-Ticket can be supplied in one of four different ways:

2.5.1 Pickup

Customers who do not possess a KeyCard receive an order confirmation when completing their purchase. This order confirmation enables the customer to pick up the ticket at ticket machines in Zermatt or at the Matterhorn glacier paradise, Sunnegga-Rothorn, Snow and Alpincenter SAC (winter only) and Gornergrat sales points, as well as from Zermatt Tourism, on presentation of the order confirmation.

2.5.2 Loading to KeyCard

Customers who are in possession of a KeyCard can load the E-Ticket directly to their KeyCard. In such a case, there is no need to change KeyCard and the customer can proceed directly to the railway ticket barrier.

2.5.3 Loading to Swisspass

The E-Ticket can also be loaded to a Swisspass. Customers who have registered a valid half-fare or general subscription on the Swisspass can also benefit from a reduction. The Swisspass validation occurs through the Swisspass API. This process is also governed by the Swisspass terms and conditions.

2.5.4 Mobile/Print@Home

Customers can also obtain tickets for single journeys in the form of a barcode. In this case the E-Ticket can be printed or displayed on the mobile telephone for validation by the barcode reader at the railway ticket barrier.

2.6 Payment Method

To purchase e-tickets via the Matterhorn App, the customer requires a valid payment method (see Section 1, Item 8). The customer can choose to enter their payment information for a one-time payment or save it for future transactions. Payment data is stored exclusively by the payment service provider and not on the Matterhorn App or on the backend systems of Zermatt Tourism, ZBAG, or MGBahn/GGB.

2.7 No Exchange or Refund

All e-tickets are personal and non-transferable.

The terms and conditions of the respective transport company apply to exchanges, refunds, as well as modifications or changes to the e-ticket.

2.8 Inspection / Misuse / Forgery

E-tickets may be inspected at any time in the area. In the case of misuse or forgery, the regulations of the respective transport companies apply. Additionally, Zermatt Tourism reserves the right to block the use of the Matterhorn App in such cases.

3.1 General

The Matterhorn App offers customers the option of making a table reservation in a restaurant connected to the table reservation system without needing to first register in the Matterhorn App. If the customer has already registered in the Matterhorn App, this simplifies the table reservation process since any data already entered can be automatically inserted into the fields required when making the reservation.

3.2 Functionality

When a customer has reserved a table at a restaurant using the Matterhorn App, the Matterhorn App displays the status of this table reservation. Confirmation of the table reservation is up to the restaurant at which a table has been reserved. Individual customers are only able to make a single table reservation for a given time in order to avoid double reservations.

3.3 Cancellations and changes

It is not possible to cancel or change a table reservation directly in the Matterhorn App. If a customer wishes to cancel or change an existing table reservation, they must contact the restaurant directly. Only the restaurant at which the table was reserved is able to cancel or change the reservation. If a restaurant cancels or changes a table reservation on the basis of a request by the customer, this will be updated accordingly in the Matterhorn App (there may be a slight delay for technical reasons).

3.4 Role of Zermatt Tourism

The only role of Zermatt Tourism in making table reservations in the Matterhorn App is in providing the customer with the option of reserving a table at a restaurant that is connected to the table reservation system. Zermatt Tourism has no influence on availability or the table allocated by the restaurant. The primary point of contact for table reservations is always the restaurant at which the table has been reserved, which is also the party with which the customer has a contract.

4.1 Changes to the Matterhorn App and these terms and conditions

Zermatt Tourism may make changes to or delete the Matterhorn App and its contents at any time. Zermatt Tourism also reserves the right to amend these terms and conditions at any time. Changes to these terms and conditions will be communicated to the customer in advance by appropriate means (e.g. through the Matterhorn App or on www.zermatt.swiss) and take effect when the customer accepts them in the scope of an update to the Matterhorn App or other form. If the customer does not accept such changes, they will no longer be able to use the Matterhorn App.

4.2 Applicable law and place of jurisdiction

Subject to other legal provisions, the relationship between Zermatt Tourism and the customer is governed exclusively by Swiss law. The exclusive place of jurisdiction, place of performance and place of debt collection, the latter only for persons domiciled abroad, is Visp, unless mandatory provisions stipulate otherwise.

4.3 Questions and support

Customers seeking general information, support for technical faults, refunds or support for the usage of the Matterhorn App can contact the following address:

Zermatt Tourism
Bahnhofplatz 5
3920 Zermatt
Switzerland

e-mail: feedback@zermatt.swiss
phone: +41 (0)27 966 81 00