General Terms and Conditions of Lucerne-Lake Lucerne Experience Ltd.
These general terms and conditions of Lucerne-Lake Lucerne Experience Ltd., 6002 Lucerne (hereinafter Lucerne-Lake Lucerne Experience) govern the customer’s relationships with the service partners it has booked (contracting parties) as well as with Lucerne-Lake Lucerne Experience.
These general terms and conditions are structured as follows:
“Lucerne-Lake Lucerne” digital marketplace (hereinafter marketplace) (clauses A.1. to A.13.)
Purchase of souvenirs and specialities (clause B.)
Lucerne-Lake Lucerne Experience as operator of the digital marketplace and privacy policy (clauses C.1. to C.5.)
A. “Lucerne-Lake Lucerne” digital marketplace
A.1. Function and position of Lucerne-Lake Lucerne Experience
Lucerne-Lake Lucerne Experience is a “digital marketplace” that gives tourism providers in the Lake Lucerne Region the opportunity to offer their services to customers via a central “marketplace”.
Providers of tourism services place their offers on the marketplace themselves and provide their services on their own behalf and on their own responsibility.
Lucerne-Lake Lucerne Experience is not a party to these agreements.
A.2. “Lucerne-Lake Lucerne” digital marketplace
The services published on the “Lucerne-Lake Lucerne” digital marketplace are not binding offers. Both the providers (service partners) and Lucerne-Lake Lucerne Experience reserve the right to amend descriptions, offers, prices, etc. or withdraw them from the market at any time.
The information published at the time of contract conclusion is binding.
A.3. Conclusion of contract
The customer can choose whether to create an account or book the services as a guest. Having an own account has the advantage that booked services can be recorded in an overview, bookings can be viewed directly, and additional services can be booked quickly and easily.
The customer chooses their services on their own responsibility. By placing a selected service in the shopping basket and clicking on the “Pay now” button, the customer submits a binding offer to the relevant service partner. The customer is bound to this offer for three working days. The agreement enters into force upon confirmation by Lucerne-Lake Lucerne Experience on behalf of the service partner (contracting party).
As a rule, the service partners use general terms and conditions, which form part of the contract with the customer. These general terms and conditions can be found at https://shop.luzern.com/en/pages/gtc-partner.
Persons with reduced mobility or special requirements should contact the guest support team of Lucerne-Lake Lucerne Experience before booking (tel. +41 41 210 99 63, [email protected]) to find out whether the service they are interested in meets their needs.
Certain services may be linked to obligations to cooperate or participation conditions. These can be found in the invitation to tender or in the service partner’s general terms and conditions.
If the desired service is not available, Lucerne-Lake Lucerne Experience will inform the customer within three days on behalf of the service partner. In this case, any amount already paid will be refunded to the payment means used at the time of booking (cash payment or credit to another payment means is not possible).
A.4. Booking multiple services
The customer can place multiple services in a shopping basket. It should be noted that the customer concludes a separate contract, independent of the other services, with each of the chosen service partners (contracting parties). The number of contracts concluded by the customer corresponds to the number of service partners selected.
The customer chooses their services on their own responsibility. This also applies to coordinating the place and time of the booked services. The system cannot check whether the selected services are coordinated in terms of place and time.
See section A.8. for changes to or cancellation of services.
A.5. Prices and payment
The published prices include all obligatory levies. Any tourism taxes must be paid on the spot (and in addition to the agreed price) as they are age-specific.
The customer undertakes to pay for all services in the shopping basket, regardless of whether they are for the customer or other participants. The services contained in the shopping basket are paid for during the payment process and are processed by the payment service provider Datatrans AG, Kreuzbühlstrasse 26, 8008 Zurich, Switzerland. The data is further processed by Payyo AG by TrekkSoft AG, Kupfergasse 24, 3800 Matten b. Interlaken.
The services are payable in Swiss francs. The customer can select a different currency in the payment process. In this case, the Swiss franc price is converted into the desired currency using the exchange rate shown and a surcharge of 3% is applied to the final price.
If the (credit card) payment is not honoured or is revoked (cancelled) by the customer, the cancellation conditions of section A.8 apply.
A.6. Performance obligations of the selected service partners (contracting parties)
The obligations of the service partners (contracting parties) are determined by the advertisements and information published on the “Lucerne-Lake Lucerne” marketplace at the time of booking.
Other information and how it appears, for example, on social media, travel and rating platforms or the service partner’s own website is not relevant to bookings made via the “Lucerne-Lake Lucerne” marketplace and does not form part of the contract.
The service partners point out that, due to legal or official requirements or individual assessments of the service partner concerned, hygiene and health measures or special conditions of participation may apply.
Information regarding opening hours of public facilities such as swimming pools, museums, etc.; public transport and ships; weather and temperature; and other events (offered or organised by third parties) is provided for general information purposes. Such information does not form part of the agreement and does not bind either the service partner or Lucerne-Lake Lucerne Experience.
Where such information is relevant to the customer, the customer should obtain the corresponding information directly from the companies and authorities concerned before making the booking.
A.7. Arrival
Travel to the booked services is the customer’s responsibility. The customer is responsible for arriving at the place of the booked service at the agreed time.
Services cannot be reimbursed in the event of late arrival and/or where the customer does not avail themselves of the services (see Section A.8).
A.8. Cancellations and changes to services by the customer
Cancellations and changes to services by the customer are generally subject to a fee. These terms can be found in the terms and conditions of the service partner concerned at https://shop.luzern.com/en/pages/gtc-partner.
Changes and cancellations only affect the individual service booked. If several or all the services require amending or cancelling, then all the affected services must be individually amended or cancelled.
The service partners point out that hygiene and health measures or conditions of participation are not grounds for changing the contract free of charge or for cancelling the contract free of charge.
If cancellation and/or amended conditions of the service partner (contracting party) have not been activated, the following conditions will apply:
The following deadlines and costs in each case relate only to the service in question.
Changes and cancellations
Special and promotional prices, dynamic pricing Services at special and promotional prices or subject to dynamic pricing cannot be changed or cancelled free of charge. In the event of changes to bookings or cancellations, the agreed price remains owed. This provision applies to all services offered as part of dynamic pricing or at special and promotional prices and takes precedence over the following rules.
Gastronomy (meals only) Table reservations are cancelled 20 minutes after the reserved time. Reservations with an agreed menu can be changed or cancelled free of charge up to 24 hours before the agreed time. Subsequent changes are cancellations with a new booking. In the event of cancellation less than 24 hours before the agreed time, 60% of the agreed price is charged.
Hotel accommodation Hotel bookings for stays between 1 April and 31 October can be changed or cancelled free of charge up to 72 hours before arrival. For stays between 1 November and 31 March, the period is 48 hours. Notification of cancellation or changes must reach Lucerne-Lake Lucerne Experience by 6 pm. Later changes or cancellations incur a charge equating to one night.
Holiday apartments, campsites Holiday apartments and campsites cannot be cancelled or changed free of charge. Cancellations and changes incur a processing fee of 10% of the rental price up to 42 days before the start of the stay, 50% of the rental price 41 to 10 days before the start of the stay, 80% of the rental price 9 days to 3 days before the start of the stay, 90% of the rental price 2 or fewer days or in case of no-show.
Transport services (cableways/railways, boats, etc.) Regular tickets may be returned if the customer can prove that they did not use them. A processing fee of CHF 20.00 will be charged per ticket. Special trips, themed trips If tickets are cancelled or changed, the following amounts will be refunded:
Up to 7 days before the trip: 100% minus CHF 20.00 processing fee per booking.
Up to 3 days before the trip: 50% minus CHF 20.00 processing fee per booking.
Fewer than 3 days before the trip or no-show: no refund.
Accident or illness: provided a doctor’s certificate is presented, the whole amount is refunded minus the CHF 20.00 processing fee per booking.
Admissions (museums, etc.) Tickets may be returned if the customer can prove that they did not use them. A processing fee of CHF 10.00 per ticket is charged. Museum and other passes can only be returned before the first day of validity, subject to a processing fee of CHF 10 per pass.
Cultural events (concerts, theatre, etc.) Tickets for cultural events cannot be exchanged or returned.
Souvenirs, regional specialities Purchase contracts for souvenirs and regional specialities cannot be revoked.
The customer has the right to demonstrate that the service partner has incurred no loss or a lesser loss.
Procedure and notification
Changes and cancellations must be notified directly to Lucerne-Lake Lucerne Experience by calling +41 41 210 99 63 or emailing [email protected]. (Notifications left on voicemail, via chat, etc. must be confirmed by a follow-up email. Only the email notification is decisive.) The calculation of the change or cancellation period is based on when the notification is received by Lucerne-Lake Lucerne Experience during normal office hours (notifications received on a Saturday, Sunday or public holiday in Canton Lucerne are deemed to have been received on the next working day).
A.9. Changes to services and cancellations by the service partner after conclusion of contract
In their general terms and conditions, the service partners reserve the right to modify the agreed service or revoke the contract (cancellation) under certain circumstances. These terms and conditions can be found in the respective terms and conditions at https://shop.luzern.com/en/pages/gtc-partner.
Where no no right to make changes or to cancel the agreed service has been agreed, the following conditions shall apply:
The service partner reserves the right to make minor amendments to the agreement if required by objective circumstances such as force majeure (e.g. natural disasters), unforeseeable or unavoidable circumstances, or governmental or official measures. The service partner undertakes to inform the customer of this as soon as possible.
The service partner may revoke (cancel) the service if objective circumstances such as force majeure (e.g. natural disasters, weather conditions), unforeseeable or unavoidable circumstances, or government or official measures make it impossible or considerably more difficult to provide the service or there is a specific risk to the customer at the time of the contract performance. The amount paid will be refunded to the payment method used at the time of booking.
Modifying or cancelling a service does not affect any other booked services. These continue to be valid as agreed.
A.10. Documents, travel documents
With the booking confirmation (conclusion of the contract), the customer receives additional documents for using the booked service. Depending on the product booked, these documents are available electronically. Tickets and/or confirmations, etc. must be presented when using the service. The service partner is not obliged to render the service if the relevant documents cannot be produced.
Note regarding e-tickets on public transport: e-tickets are personal and non-transferable. They must be presented to staff together with an official ID and/or the valid travelcard in the name of the person in question.
A.11. Liability of the customer and accompanying travellers
The customer is liable for themselves and the travellers accompanying them within the framework of the legal provisions. The accompanying travellers are liable in accordance with the applicable provisions.
A.12. Liability of service partners
The service partners are liable in accordance with their own general terms and conditions, see https://shop.luzern.com/en/pages/gtc-partner. If no such terms have been agreed, the statutory provisions shall apply, whereby liability shall be limited to the extent permitted by law. In particular, the service partner shall not be liable for direct, indirect and consequential damages. The service partner shall not be liable if the person in question has failed to fulfil their duties, e.g. failure to observe the terms and conditions of participation or instructions issued by the service partner or guide, etc.
Mandatory, non-modifiable provisions in applicable laws and international agreements remain reserved.
A.13. Applicable law and place of jurisdiction
The relationship between the customer and the service partner is governed by Swiss law without regard to the UN Convention on Contracts for the International Sale of Goods (CISG).
The parties agree that the service partner’s registered office shall be the exclusive place of jurisdiction.
The determination of law and jurisdiction is subject to mandatory provisions in applicable laws and international agreements that cannot be changed by contract.
B. Purchase of souvenirs and regional specialities
Souvenirs and regional specialities can also be purchased on the marketplace. The provisions of sections A.1 to A.13 apply by analogy.
Souvenirs and regional specialities can only be sent to addresses in Switzerland (no PO box addresses).
Upon receipt of the goods, the customer must check them for obvious defects and notify any problems immediately via [email protected]. Hidden defects must be reported as soon as they are discovered.
In the event of defective delivery, the customer is entitled to a subsequent delivery free of defects. Further rights are excluded.
C. Lucerne-Lake Lucerne Experience Ltd. as the operator of the “Lucerne-Lake Lucerne” marketplace and data protection
C.1. Advertisements on the marketplace
Advertisements of offers, etc. are published or posted on the marketplace by the service partners. They are responsible for correctly describing the offers. In the performance of the agreement, Lucerne-Lake Lucerne Experience is not obliged to check these in detail or to monitor the service partners.
Lucerne-Lake Lucerne Experience points out that details of public facilities such as swimming pools, museums, etc., events, means of transport, etc. may change at short notice. It is therefore recommended that the customer obtain the latest information. This means that the conditions of use may change at any time in accordance with statutory or official requirements. Information on climate, weather, temperature, water temperatures, etc. is based on long-term data. However, this does not guarantee that they will be applicable at the time of the customer’s stay in the Lake Lucerne Region.
C.2. “Lucerne-Lake Lucerne” digital marketplace
Lucerne-Lake Lucerne Experience as operator of the marketplace does not guarantee the continuous availability of the marketplace or online shop.
Links appearing on the marketplace are for information purposes only. The customer uses such links on their own responsibility. Lucerne-Lake Lucerne Experience has not checked the linked pages in detail.
The customer uses the marketplace and online shop on their own responsibility. They must ensure that the hardware used (computers, smartphones, etc.) is protected against malware (viruses, worms, etc.).
C.3. Liability provisions relating to use of the “Lucerne-Lake Lucerne” marketplace
Lucerne-Lake Lucerne Experience Ltd. does not guarantee the uninterrupted availability of the digital marketplace or its online shop. Lucerne-Lake Lucerne Experience accepts no liability whatsoever for consequences arising from use of the digital marketplace or its online shop. In particular, liability for auxiliary persons is excluded. Likewise, liability for direct, indirect and third-party damages is excluded.
This liability provision applies to contractual, quasi-contractual and non-contractual claims.
C.4. Data protection
Lucerne-Lake Lucerne Experience Ltd. is subject to Swiss data protection (Federal Act on Data Protection, Ordinance to the Federal Act on Data Protection) and, where applicable, the General Data Protection Regulation of the European Union and other provisions that may be applicable.
The privacy policy of Lucerne-Lake Lucerne Experience Ltd. may be found at https://shop.luzern.com/en/pages/privacy-policy. The following is an excerpt from the privacy policy:
C.4.1. Creating an account, booking services
If booking https://shop.luzern.com services via the website, the customer can decide whether to create a user account or book the services as a visitor. In either case, the following information is collected: title, first name, surname, email address, street and house number, postcode, post town, country, date of birth (optional), password (if a user account is created), my orders (services booked including data relating to the provision of services, their prices and information required to provide the services). In the case of bookings for multiple participants, the following information is collected from participants: first name, surname, address, booked services (including data relating to the provision of services, their prices and information required to provide the services).
If cancellation insurance cover is obtained, the data remains with Lucerne-Lake Lucerne Experience. The following information is collected and shared with the insurance company only in the event of a claim: surname, first name/company, occupation/company, address, telephone number; details of the trip, claim, immediate steps taken, participants, other insurance cover and costs.
This personal information is collected and processed by our external processor and used, stored and archived for the contract initiation, contract conclusion, invoicing and fulfilment of contractual obligations. The use of data is governed and restricted by a data processing agreement between Lucerne-Lake Lucerne Experience and Alturos Destinations AG, Churerstrasse 54, 8808 Pfäffikon SZ and Alturos Destinations GmbH, Lakeside B03, 9020 Klagenfurt, Austria. This processing is based on the taking of steps prior to entering into a contract and the performance of a contract within the meaning of Art. 6 (1) (b) GDPR.
Information about you and other participants will be forwarded to your selected service partner if necessary for the fulfilment of the contract. This data processing is necessary for the fulfilment of contractual obligations and is based on Art. 6 (1) (b) GDPR.
C.4.2. Payment for booked services
The booked services must be paid for when the shopping basket is checked out. The payment process is handled by the payment service provider Datatrans AG, Kreuzbühlstrasse 26, 8008 Zurich, and the data further processed by Payyo AG by TrekkSoft AG, Kupfergasse 24, 3800 Matten b. Interlaken.
Lucerne-Lake Lucerne Experience has concluded corresponding agreements with both companies.
Data processing is based on Art. 6 (1) (b) GDPR and serves the performance of the contract.
C.5. Applicable law and place of jurisdiction
The relationship between the users of the “Lucerne-Lake Lucerne” marketplace, customers and the travellers accompanying them, and Lucerne-Lake Lucerne Experience Ltd. is governed exclusively by Swiss law. Lucerne is agreed as the exclusive place of jurisdiction.
These provisions on the choice of law and place of jurisdiction are subject to mandatory provisions in applicable laws and international agreements that cannot be changed by contract.
Lucerne-Lake Lucerne Experience Ltd., Bahnhofstrasse 3, CH-6002 Lucerne, Switzerland, telephone +41 41 210 99 63, [email protected]
Lucerne, 1 July 2021