General

General Terms and Conditions

FOUNDATION GLETSCHERGARTEN LUZERN, DENKMALSTRASSE 4, 6006 LUZERN

(hereinafter referred to as GG)

Events & Banquets

Events, banquets, bistro & social programs

SUBJECT MATTER OF THE CONTRACT

These GTC apply to all offers, deliveries and services of GG (excluding the webshop) and are valid from October 1, 2020.

PRICES

All prices are in Swiss francs, including applicable VAT. Prices are subject to change without notice.

OPTION PERIOD

Options are binding for both parties during the agreed option period.

After expiry of the option period, the GG reserves the right to dispose of the reserved dates and services. Unless otherwise agreed, the option period shall be 2 weeks.

OFFERS

The acceptance period for offers is 14 days, unless another period has been agreed. Thereafter, the GG shall no longer be bound by the offer. The GG reserves the right to withdraw from an offer for important reasons.

CONFIRMATION OF RESERVATION

The reservation of rooms and banquets as well as the agreement of other services shall only become binding for both parties upon written confirmation of the order by GG by e-mail or post to the customer. Agreed dates and times are binding.

PERIOD OF USE OF PREMISES

The period of use of the premises for the organizer is specified in the offer and in the order confirmation. Outside of these times, the GG may freely dispose of the premises at any time.

BRINGING IN FOOD AND BEVERAGES

Consumption services are to be obtained exclusively from the GG bistro. Exceptions require a written agreement with the GG.

CANCELLATIONS AND REBOOKINGS

Cancellations of events and all changes to services that have already been confirmed must be made as early as possible and in writing. In the event of cancelations, the following cancellation costs apply:

CANCELLATION COSTS FOR EVENT AND GROUP RESERVATIONS

FROM 1-9 PERSONS (FOR GUIDED TOURS, CATERING SERVICES ETC.)

Up to 7 days before the event:

Services already provided at the time of cancellation (planning and preparatory work, material deliveries, services/commitments to third parties, etc.) will be invoiced in accordance with the expenses incurred.

6 to O days before the event:

100% of the confirmed offer (exclusive rentals, guided tours, catering, etc.)

CANCELLATION COSTS FOR EVENT AND GROUP RESERVATIONS OF 1O PERSONS OR MORE:

Up to 14 days before the event:

Services already provided at the time of cancellation (planning and preparation work, material deliveries, services/commitments to third parties, etc.) will be invoiced in accordance with the expenses incurred.

13 to 7 days before the event:

25% of the confirmed offer (exclusive rentals, guided tours, catering, etc.)

6 to 3 days before the event:

50% of the confirmed offer (exclusive rentals, guided tours, catering, etc.)

2 to O days before the event:

100% of the confirmed offer (exclusive rentals, guided tours, catering, etc.)

FOR EVENT AND GROUP RESERVATIONS OF 30 PERSONS OR MORE AND RESERVATIONS OF THE ENTIRE GLETSCHERGARTEN (EXCLUSIVE RESERVATIONS):

UP TO 45 DAYS BEFORE THE EVENT:

Services already rendered at the time of cancellation (planning and preparatory work, material deliveries, services/commitments to third parties, etc.) will be invoiced in accordance with the expenses incurred.

44 to 30 days before the event:

25% of the confirmed offer (exclusive rentals, guided tours, catering, etc.)

29 to 15 days before the event:

50% of the confirmed offer (exclusive rentals, guided tours, catering, etc.)

14 to 8 days before the event:

75% of the confirmed offer (exclusive rentals, guided tours, catering, etc.)

7 to 0 days before the event:

100% of the confirmed offer (exclusive rentals, guided tours, catering, etc.)

If no service has yet been defined for banquet events, a basic amount of CHF 50.00 per person is assumed. The date of receipt of the written cancellation is decisive for the calculation. If an event is postponed, subsequent cancellation is no longer possible. In the event of a no-show, the contractually agreed prices will be charged.

Number of participants: Groups 1-29 persons

The number of participants registered up to one working day (24 hours) before the event is binding and serves as the basis for invoicing. If the number of participants is reduced by more than 10% compared to the bindingly registered number of participants, the organizer will be charged 100% of the agreed services for each participant who does not appear. If the number of participants is higher than the number definitely registered, the actual number of participants will be invoiced.

Number of participants: Groups of 30 persons or more

The number of participants registered up to two working days (48 hours) before the event is binding and serves as the basis for invoicing. If the number of participants is reduced by more than 5% compared to the bindingly registered number of participants, the organizer will be charged 100% of the agreed services for each participant who does not appear. If the number of participants is higher than the number definitely registered, the actual number of participants will be invoiced.

WITHDRAWAL BY THE GG

If the GG has reasonable grounds to believe that the event or the arrangement may jeopardize the smooth operation, safety or reputation of the business, or if the down payment terms have not been complied with by the organizer, the GG shall be entitled to cancel the reservation agreement at any time without compensation. The GG may also terminate the reservation agreement without giving a reason and without compensation no later than 6 months before the intended event. In both cases, any advance payment already made will be refunded. The organizer may not assert any claims for damages against the GG in either case.

OPEN ATTRACTIONS

During events, the museum, labyrinth, rock world and sandstone pavilion will be closed after guided tours. Individual areas can be opened for a short period at the request of the event organizer after consultation with the museum supervisor present. The organizer assumes liability for damage to property and personal injury.

EXTENSIONS

Evening events end at the time defined in the business permit no. 52352 at 10.00 pm. If the event is extended beyond this specified time, the organizer will be charged an extension fee.

TAPPING MONEY

The organizer and its guests may not bring their own food and drinks to events. Exceptions require a written agreement from the GG. If own wines, spirits, cakes etc. are brought along, a tap fee or service charge to cover overheads will be invoiced together with the total amount.

MENU/BEVERAGE ADJUSTMENTS

The GG reserves the right to make F&B offers and vintage changes to wines.

ADVERTISING

Advertisements in offline and online media with reference to an event at the GG require the prior written consent of the GG.

DECORATIONS/FLOWERS

The installation of decorations or other objects is subject to approval, including for fire safety reasons. The organizer will be billed for any damage caused during mooring etc.

FIRE REGULATIONS

The organizer undertakes to comply with the fire regulations, in particular to keep escape routes clear and to ensure that all materials brought in comply with the fire regulations. The use of flammable objects is strictly prohibited.

INSURANCE

The GG is generally not liable for claims arising in connection with a booked event. The parties shall only be liable to each other for any damage in cases of intent or gross negligence; liability for slight negligence is excluded in full.

TERMS OF PAYMENT

The GG is entitled to demand an advance payment to secure the booking. If an advance payment is requested, this must be made by the specified expiry date, otherwise the booking will lapse. Following your event, you will receive a total invoice for the services used, which must be paid on site or within 30 days without deduction.

APPLICABLE LAW / PLACE OF JURISDICTION

The reservation agreements, including the General Terms and Conditions and any additional agreements, as well as the contracts concluded on their basis, are governed exclusively by Swiss law. The exclusive place of jurisdiction for all disputes arising from these terms and conditions is Lucerne.

Webshop

Webshop / Admission + event tickets

SCOPE OF APPLICATION, RANGE OF SERVICES AND CONTRACTING PARTIES

The following General Terms and Conditions govern the conclusion, content and performance of contracts between the Gletschergarten Lucerne Foundation, Denkmalstr. 4, 6006 Lucerne (hereinafter referred to as the GG) and its customers (hereinafter referred to as the Customer) in connection with the sale of services (in particular tickets and vouchers) offeredvia the GG'swebsite www.gletschergarten.ch. GG provides its services within the scope of its operational resources and takes commercially reasonable, technically feasible and proportionate measures to secure its data and services; if certain conditions apply exclusively to certain types of service, this is indicated separately below.

EXCLUSION CLAUSE

Any deviating or conflicting terms and conditions of the customer that contradict these terms and conditions shall only become part of the contract if they have been confirmed in writing by GG.

REGISTRATION AND ORDER

The customer undertakes to provide truthful information when ordering services.

Persons under the age of 18 or persons who do not have full legal capacity confirm with their order that they have the consent of their legal representative to conclude the corresponding transaction.

CONCLUSION OF CONTRACT

The contractual relationship for the purchase of tickets and vouchers is concluded exclusively between the GG and the customer.

The customer commissions GG to process the contracts. Products are only sold to end customers. When selling in its own name and for its own account to other customers, GG reserves the right to withdraw from the contract for a period of 30 days after conclusion of the contract.

In the case of online bookings or online purchases, the customer submits an offer to conclude the contract by clicking on the "Send order" field (or similar field) and accepting these General Terms and Conditions. The offer is accepted by notifying the customer by e-mail. The booking or order is then binding and can only be canceled in accordance with the conditions set out in point 7.

PRICES AND PAYMENT

When purchasing online tickets or vouchers, payment is made by the customer after conclusion of the contract by credit card or Twint.

DISPATCH AND DELIVERY OF TICKETS

Tickets are sent by e-mail as print@home tickets in PDF format or mobile tickets attached to the booking confirmation. The ticket entitles the holder to enter the GG on one day. It is not issued for a specific day and can therefore be redeemed on any day for one year (from the date of purchase). The ticket loses its validity when you leave the GG. Only printed tickets or mobile tickets entitle the holder to entry. The booking confirmation alone is not valid as a ticket. Each individual ticket can be printed out as often as required, but is uniquely identified by a barcode. Only one entry is possible per barcode.

At the ticket control, the ticket is checked by the person at the GG cash desk using a manual scanner. Admission cannot be granted without a valid ticket and a new ticket must be purchased at the GG cash desk.

A refund of purchased tickets is not possible. Lost or stolen print@home tickets cannot be replaced and in the case of discounted tickets, the valid ID required for the discount must be presented without being asked. Discounted tickets without valid identification documents are invalid and will be confiscated.

CANCELLATIONS

Cancellation of tickets and vouchers purchased online is not possible.

LIABILITY

Any liability for damages, consequential damages and lost profits of any kind incurred by the customer when using the services mentioned here (this includes in particular visits to the exhibition venues and Bistro Salwideli) as well as liability for claims and claims for damages by third parties are excluded.

This limitation of liability does not apply

a) in the case of damages resulting from injury to life, limb or health due to negligent breach of duty by GG or an intentional or negligent breach of duty by a vicarious agent.

b) for other damages resulting from a grossly negligent breach of duty by GG or an intentional or grossly negligent breach of duty by a vicarious agent.

The customer shall be liable to GG for damages that are in any way attributable to the non-performance or improper performance of its contractual obligations.

DATA PROTECTION

Personal customer data shall be processed in compliance with the statutory data protection provisions applicable to the contract. The data is collected, processed and used in automated procedures to the extent necessary for the contractual relationship. The customer permits the transfer of this data to third parties commissioned with the execution of the contract, insofar as this is necessary for the fulfillment of the concluded contracts.

Voucher

Voucher online store (Gurado)

In the case of online vouchers, it should be noted that these are sent to the customer by the GG with a forgery-proof code. As the customer can print out the voucher themselves, several prints are possible, but only one print is relevant in terms of value and can be redeemed. The first voucher redeemed with a Gurado voucher system with the corresponding code is regarded as the original and must be debited from the GG immediately after redemption. Should further vouchers with the same code appear, this is considered misuse and will result in criminal prosecution. There is no entitlement to fulfillment and/or delivery or to compensation from GG if someone attempts to redeem several vouchers with the same code, even if the first redeemer is not the legally valid holder of the voucher. In fact, a criminal investigation (forgery of documents) can be initiated immediately against the issuer with intent to defraud.

As a voucher can be passed on or given as a gift, GG is not obliged or able to check the right of ownership of the redeemer. When the voucher is redeemed, GG will only check whether the corresponding GURADO voucher number has actually been released by the system and whether the corresponding voucher has actually been paid for.

GURADO vouchers are valid according to the date and validity period on the voucher. Once this period has expired, GG is no longer obliged to accept them. Vouchers can also not be returned for cash value. If the value of the voucher is more than the service consumed, the GG is prepared to credit the remaining balance of the voucher in full for further visits or consumption. In such a case, there is no entitlement to a residual payment of the outstanding voucher amount. The GG is not obliged to accept unpaid vouchers as a means of payment. For operational reasons, the services listed in the voucher can only be provided or guaranteed by the company if a corresponding and timely reservation has been made. This applies in particular to vouchers in connection with guided tours. The service described in the voucher may vary slightly depending on the circumstances, but must not represent a relevant reduction in value for the guest. If the GG has to close or give up for any reason, the GURADO vouchers expire without compensation. This is also the case if the business demonstrably changes ownership. In such a case, it is not possible to fall back on the GG as the original issuer of the vouchers.

DELIVERY

Where possible, GG shall adhere to agreed or specified delivery times punctually. If these are exceeded by more than six weeks, the customer has the right to set a grace period with the indication that he will refuse to accept the object of purchase (in this case GURADO vouchers) after the deadline has expired. This grace period must be at least one month. If an agreement on a new delivery date is then not reached, the customer may withdraw from the contract or the agreement by written declaration after expiry of the grace period. Compensation for damages due to delay or impossibility of delivery cannot be claimed. This also applies to

claims for damages due to loss of profit or other indirect damage. Further claims of the buyer - in particular for delivery - as well as for any risks and side effects caused by the product are excluded. The risk is transferred to the customer as soon as the goods (in this case GURADO vouchers) have been handed over to the carrier and have left the warehouse or the company. This also applies if GG has assumed the transportation costs. Complaints due to transport damage must be made by the customer to the transport company within the deadlines provided for this purpose. In the case of shipments made by the customer, the customer shall bear all risks, in particular the transportation risk, until the goods arrive at GG.

PAYMENT

If payment is made by credit card, the amount will be charged immediately to the selected credit card. Offsetting is only permitted with undisputed or legally established claims. The customer may only assert a right of retention if it is based on the same contractual relationship.

RIGHT OF WITHDRAWAL

There is no right of withdrawal for vouchers that are paid for online and printed out.

DEFECTS

Complaints regarding the scope of delivery, material defects, incorrect deliveries and quantity deviations must be made in writing immediately, but at the latest within one week of receipt of the vouchers, insofar as these can be determined by reasonable inspection. In the event of justified complaints, GG shall correct the incorrect delivery free of charge and otherwise, subject to exclusion, at its discretion exchange the vouchers, take them back or grant the Buyer a price reduction. If, in the case of the exchange of a GURADO voucher, the replacement delivery is also defective, the purchaser shall be entitled to rescission or reduction.

CUSTOMER DATA

GG is entitled to collect, store and process the customer's personal data required in the context of the business relationship, taking into account the corresponding duty of care in handling sensitive customer data.

DATA PROTECTION

Personal customer data shall be processed in compliance with the statutory data protection provisions applicable to the contract. The data is collected, processed and used in automated procedures to the extent required for the contractual relationship. The customer permits the transfer of this data to third parties commissioned with the execution of the contract, insofar as this is necessary for the fulfillment of the concluded contracts.

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FINAL PROVISIONS (APPLIES TO ALL BUSINESS AREAS OF THE GG)

Amendments to the contract must be made in writing to be effective. This formal requirement cannot be overridden by verbal agreements.

Should a provision of this contract be wholly or partially invalid or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. In place of the invalid provision, another appropriate provision shall apply by way of adaptation which comes closest to what the contracting parties intended or would have intended if they had taken the invalidity of the provision into account.

The GG reserves the right to amend and adapt the General Terms and Conditions if necessary, whereby the amendment shall only apply to future contracts.

Swiss law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The place of jurisdiction is Lucerne.

Lucerne, September 25, 2022