General Terms and Conditions (GTC) of Foxtrail Schweiz GmbH
Preamble
In cooperation with various partners, Foxtrail Schweiz GmbH offers a number of unaccompanied trails in various regions of Switzerland. These are permanently installed walking or bike trails, called “ Foxtrails” (referred to throughout this document as “Foxtrail” or “trail”).
These Foxtrails consist of an invisible track and various stations. These stations involve a game, a device and/or a description – solving these will reveal the way to the next station. If a solution cannot be found within a few minutes a telephone helpline as well as an online help is available to provide assistance.
These GTC govern the contractual rights and duties between Foxtrail Schweiz GmbH and the participants in a Foxtrail.
1. Contractual parties
1.1 Provider
The company Foxtrail Schweiz GmbH with its registered office in Lucerne (referred to throughout as “Foxtrail Schweiz GmbH” or “provider”). The provider cooperates with selected partners ( referred to throughout as: “partner businesses”) in order to be able to offer the Foxtrail as a complete package.
1.2 Participants
The participants ( referred to throughout as: “participants” or “customers”) are classified as individuals or groups:
§ “Individuals” are smaller groups of between two and 18 persons who follow a trail on foot and public transport or by bike.
§ “Groups” are larger groups of 19 persons or more who follow a trail only on foot and public transport.
In the case of more than seven persons per booking, the participants are split up into teams of two to seven persons (hereinafter referred to as “teams”).
2. Conclusion of contract
2.1 Offering
Foxtrail Schweiz GmbH offers its services online on its website.
2.2 Booking
2.2.1 Individuals
By clicking the “Buy” button, individuals make a binding offer to purchase one or more Foxtrail tickets. The contract with an individual is effective when Foxtrail Schweiz GmbH sends an e-mail with a confirmation of reservation and the start documents.
2.2.2 Groups
Groups request a non-binding offer from Foxtrail Schweiz GmbH for the sale of Foxtrail tickets by telephone or e-mail. The contract applies when Foxtrail Schweiz GmbH sends an e-mail with the order confirmation.
2.2.3 Acknowledgement of the terms of contract
By booking a Foxtrail, all participants unconditionally acknowledge the prices shown online (individuals) or the prices listed in the offer including the event management fee (groups) and these GTC.
2.3 Bezahlung
Individuals pay for the Foxtrail ticket either online by credit card or at a public transport counter in the station (or in some regions also at a public transport ticket machine) of the town for which they have booked a trail. For this, they present the booking confirmation they have printed out. The individual sales points are listed on the booking confirmation. Bought tickets can’t be reimbursed even if the number of participants was to be less than planned on the day of the trail.
For group bookings, Foxtrail Schweiz GmbH will send an invoice for the total amount by post.
If a payment owing has to be claimed through legal action (default summons) despite due reminder, the participant will be charged an additional free of CHF 100 as compensation for the costs incurred by Foxtrail Schweiz GmbH.
3. Amendments to the contract
4. Scope of service
4.1 Own services
The Foxtrails include various services. The trails are continuously improved.; for this reason, there might be slight changes from one booking to the next. Foxtrail Schweiz GmbH retains the right to alter the services presented on the website also at short notice.
The provider’s catalogue of services includes the following services:
§ use of the booked Foxtrails
§ reservation and information services
§ use of the helpline
§ services required by the game, such as
§ use of the specified means of transport (train, bus, mountain railway, boat, taxis, etc.)
§ equipment rental (bob run, carriage, etc.)
§ admission fees (museums, castles, etc.) and
§ snacks and surprises
The catalogue of services listed in the confirmation of reservation and/or order will be exclusively decisive for the specific scope of service by the provider.
A Foxtrail ticket must be purchased prior to use and stamped on the day of the trail. All participants must have a valid (stamped) ticket with them on the Foxtrail. The Foxtrail ticket entitles the holder to use the trail, the specified means of public transport as well as the equipment required for the game and also includes all admission fees to the facilities of partner businesses associated with the trail and listed in the catalogue of services
4.2 Third-party services
Foxtrail Schweiz GmbH also puts clients in touch with restaurants for meals before and after the Foxtrails. Catering services offered by these restaurants are hereinafter referred to as “third-party services”.
The third-party services are rendered and invoiced by these partner restaurants. The respective service providers are exclusively responsible for the availability, the quality and the safety of such third-party services.
5. Warranty
The Foxtrails are outdoors and the stations are publicly accessible.
On account of these circumstances, it is possible, despite regular checks and maintenance of every trail, that individual stations are not (or not fully) operational for a short period of time. In such a case, the participants do not have any warranty claims against Foxtrail Schweiz GmbH.
The exclusion of warranty also applies for the non-availability of guidance, instructions or other information.
6. Conditions of participation
6.1 Requirements for participants
Participants should be able to complete a walk on footpaths and orientate themselves in the countryside. This requires an average sense of direction. No local or regional knowledge is required.
A minimum age of eight years is recommended. For school classes, there is a recommendation for participation from the 5th grade.
Children may only participate if accompanied by parents or a supervisor who must be at least 16 years of age. Each team must include at least one person over 16 years of age.
6.2 Equipment needed by the participants
The following equipment is needed to be able to use a Foxtrail:
§ at least one mobile phone capable of receiving and making calls per team; all call and usage charges are borne by the participants.
§ leisure clothing and good shoes suitable for completing the trail under the prevailing weather conditions.
Only those Foxtrails specifically marked on the website as barrier-free are suitable for participants with prams/pushchairs and/or wheelchairs.
7. Liability and insurance
Participants complete the Foxtrails at their own risk. It is up to each individual participant to take out insurance. This also applies particularly to the barrier-free Foxtrails.
To the extent permitted by law Foxtrail Schweiz GmbH does not accept any liability for direct or indirect personal injuries or damage to property incurred as a result of using a Foxtrail and the individual stations on a trail.
This exclusion of liability also applies in the event of unlawful intent and gross negligence on the part of a Foxtrail employee. The only exceptions to this are in the event of unlawful intent and gross negligence on the part of the provider itself.
Foxtrail Schweiz GmbH will not be held liable for third-party services by partner businesses.
8. Data protection
For the purpose of booking a Foxtrail, data is collected, stored and processed in accordance with the provisions of the law.
When visiting Foxtrail Schweiz GmbH’s website, the following data is logged: the IP address used by the mobile phone, tablet computer, PC or similar device, the time and date, the type of browser and the operating system used by the device and the pages visited. This does not, however, permit any links to be made to personal data and none are intended. Where statutory retention periods have to be observed, the storage period for specific data can be up to ten years.
Personal data such as the data communicated when placing an order or by e-mail (e.g. name and contact details) are only used for correspondence with the customer and processed only for the purpose for which the data was provided. Personal data will only be passed on to third parties where necessary to fulfil the business purpose. Personal data may also be passed on where there is a legal obligation to do so or the customer has explicitly consented.
Any services provided by third parties that are used for processing and handling purposes will be subject to the provisions of data protection legislation. The customer consents to the data of all participants being passed on to helpline staff and the partner businesses involved for the purposes of handing queries and dealing with emergencies.
The addresses of the participants in the “World Vision” Familytrail, the “Zurich Main Station” trail and the “Laggs-Trail” may be passed on to the respective cooperating partner, i.e. World Vision, SBB and WWF. The data will not be disclosed to any other third parties.
9. Newsletter and Website
By placing a booking, the customer consents to the provider e-mailing him/her an electronic newsletter (“opt-in”). This newsletter can be cancelled at any time and free of charge by clicking on the weblink contained in every e-mail sent out (“unsubscribe link”).
In the newsletter, Foxtrail Schweiz GmbH refers exclusively to its own offers and additionally provides information and suggestions on how to spend leisure time.
All contents on our website have been compiled with care and to the best of our knowledge. We assume no liability for pages being updated, complete and correct.
10. Copyright
The copyrights and all other rights to the Foxtrails, start documents, plans, images, texts and other materials from Foxtrail Schweiz GmbH remain the property of the provider in every case.
Any kind of copying, duplication, passing on or publication of the Foxtrail idea, the start documents and/or other products by Foxtrail Schweiz GmbH, whether in electronic or non-electronic form, is forbidden and will be prosecuted under civil and/or criminal law.
11. Other general provisions
11.1 Severability clause and completeness
Should any provision of the agreement between Foxtrail Schweiz GmbH and its customers be or become invalid, this will not affect the validity of the remaining provisions. The contractual parties will replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. This provision will apply mutatis mutandis to any loopholes in the agreement.
The confirmation of reservation/order and these GTC together with the answers to the “Frequently Asked Questions” (FAQ) on Foxtrail Schweiz GmbH’s website constitute the entire legal agreement between the provider and the customer. There are no collateral agreements.
11.2 Amendments to the GTC
Foxtrail Schweiz GmbH retains the right to amend these GTC as necessary at any time and without prior notice. The version available on the website as of the time of conclusion of the contract shall apply.
11.3 Place of jurisdiction and applicable law
The contractual relationship between the provider and customers is subject to Swiss law. The exclusive place of jurisdiction for any disputes arising therefrom is the registered office of Foxtrail Schweiz GmbH in Lucerne.
Date: 2022