General Terms and Conditions
The General Terms and Conditions (GTC) apply to all services and products of the Engadin St. Moritz Mountain Pool (ESMP). The ESMP includes the transport facilities of the following snow sports and excursion areas:
- Corviglia/Piz Nair
- Muottas Muragl
- La Punt
2. Tickets and subscriptions
All tickets and subscriptions are personal and non-transferable. They are only valid during the published regular operating hours and for the booked period.
2.2 Loss or theft
In case of loss or theft of a ticket with a duration of 2 days or longer, a replacement will be issued once upon presentation of the purchase receipt as well as an official identification. A processing fee of CHF 15 will be charged for issuing the replacement card.
2.3 Misuse and forgery
Misused or forged tickets and season tickets will be confiscated. Tickets and season tickets that are in use but not suitable for use may be withdrawn. The user must pay a handling fee of CHF 150. The right to take civil or criminal action is reserved.
2.4 Exchanges and refunds in general
Tickets and season tickets cannot be subsequently exchanged for other tickets or season tickets. In general, no refunds can be claimed for day and multi-day tickets. In the case of season/annual tickets and day passes, refunds will only be made in the event of illness or accident, but only on presentation of a medical certificate for the period of validity of the pass. In principle, the medical certificate is decisive for the calculation of the refund amount. If the subscription is used again at a later date, any claim for reimbursement will be reduced to the date of the last use. Any claims for reimbursement must be made no later than 30 days after the occurrence of the event or before the expiry of the validity of the ticket or season ticket.
The customer is free to take out appropriate insurance cover with the companies of the ESMP or third parties.
If operations are cancelled due to bad weather, force majeure (e.g. natural hazards, technical problems, etc.), the customer is entitled to a refund.(e.g. natural hazards), technical malfunctions, power interruptions (these e.g. due to breakdowns, force majeure or due to electricity not being available in sufficient quantities), due to officially ordered requirements to save electricity, for reasons of safety or similar, the customer shall not be entitled to a refund.
2.4.1 Exchange and refund in particular
If all transport facilities of the ESMP are closed at the same time (e.g. due to a mandatory official closure of all transport facilities as a result of e.g. a pandemic or a power shortage), a refund or partial refund of the sales price of tickets and season tickets will only be made in the form of a voucher or by extending the validity. A voucher can only be redeemed for a later purchase of a ticket or subscription of the ESMP. A cash payment is excluded. The voucher is valid for 540 days (i.e. 1 ½ years) from the date of issue.
Calculation of the refund (partial refund) is based on the following formula:
Purchase price ÷ validity period (in days) × number of days of the officially ordered closure
There is no retroactive refund for tickets or season tickets if they were purchased after the officially ordered closure. Likewise, no refunds will be made for day tickets and all tickets and season tickets that are not sold in the ticket store for end customers. Tickets and season tickets do not have to be deposited and can continue to be used until the end of the validity period once the closure ordered by the authorities has been lifted.
Refund claims must be made no later than 30 days after the event occurs or before the validity of the ticket or season ticket expires.
The current applicable price conditions as well as the scope of validity of the tickets and season tickets are published on www.engadin.ch/de/berge.
2.6 Data carrier
The customer may be obliged to purchase a reusable electronic data carrier for contactless access to facilities and slopes. In return, the ESMP undertakes to repurchase undamaged data carriers at the same price at any point of sale within 72 hours of the expiry of the validity of the ticket or subscription contained on it.
3Exclusion from transport
3.1 In general
persons may be excluded from transport if they: - are drunk or under the influence of narcotics;
- behave in an improper manner or
- do not comply with the regulations for use
and conduct or the staff's instructions based thereon.
In case of repetition or in serious cases, the ticket or subscription may be withdrawn.
3.2 Transport for the practice of a sport
If the weather conditions are unsuitable for the practice of the sport, in particular if there is a risk of avalanches, persons may be excluded from transport for the practice of the sport.
Furthermore, persons may be excluded from transport for the practice of a sport if they endanger third parties immediately prior to the intended transport and there is reason to believe that they will continue to endanger third parties.
A danger to third parties is deemed to exist in particular if the person concerned:
- has behaved in a reckless manner;
- has skied on an avalanche-prone slope;
- has disregarded instruction and prohibition signs that serve to ensure safety;
- has disobeyed the safety orders of the supervisory and rescue services.
The above list is not intended to be exhaustive. The transport of sports and leisure equipment may be excluded in particular for technical reasons, safety-related aspects or in order to comply with overriding regulations.
4. Photo/video recordings
It is pointed out that photo and video recordings may be made for the purpose of operational safety and access controls.
As far as permissible, the liability of the ESMP and the affiliated companies is limited to gross negligence and intentional conduct.
6. Rescue service
If the customer has an accident on the territory of the ESMP and therefore the rescue service has to be called, the customer will be charged for the costs incurred (personnel, material and third-party costs). Third party costs (e.g. Rega, doctor) are to be paid directly by the customer. Any claims for reimbursement must be made by the customer to his insurance company.
7. Liability due to disregard of instructions
Off-piste skiers and freeriders who ski down avalanche-prone slopes and trigger avalanches in disregard of warning signals are in breach of a secondary contractual obligation and are liable to the mountain railway company for any damage caused as a result.
With the purchase of a ticket and/or with the opening of a customer profile or with the subscription to a newsletter of one of the companies of the ESMP, the customer actively agrees that the companies of the ESMP can store the personal, sales and usage data and use them for statistical and advertising purposes. Upon request, the customer has the right to view the data stored on his profile, to correct it and - if it is not mandatory by law or according to the above provisions - to have it deleted.
9. Final provisions
Regarding the specific provisions for the product "ENGADINcard 365"/"PIZcard 365", reference is made to the General Terms and Conditions "ENGADINcard 365 and PIZcard 365". These are an integral part of these General Terms and Conditions. The contract between the customer and the ESMP is exclusively subject to Swiss law. The place of jurisdiction is exclusively St. Moritz.
St. Moritz, 01 September 2022
Engadin St. Moritz Mountain Pool Engadin
General Terms and Conditions for the "ENGADINcard 365" and "PIZcard 365"
These General Terms and Conditions are a supplement to the General Terms and Conditions (GTC) of the Engadin St. Moritz Mountain Pool (ESMP). Moritz Mountain Pool (ESMP).
2. Purchase of the "ENGADINcard 365" or "PIZcard 365"
point of sale or online The "ENGADINcard 365"/"PIZcard 365" can be purchased at a serviced point of sale or online. The contractual partner must sign the GTC for the "ENGADINcard 365"/"PIZcard 365" when concluding the purchase. The contract is concluded online by accepting the GTC.
3. Contract duration and termination
The contract comes into force upon signing or online purchase and is valid for an indefinite period. The respective validity period is 365 days. Unless expressly agreed otherwise, the validity period shall commence on the day of the conclusion of the contract. The contract can be terminated at any time with a notice period of one month before the expiration of the validity period of the "ENGADINcard 365"/"PIZcard 365". The cancellation must be made in writing to the Engadin St. Moritz Mountain Pool.
Example cancellation period:
Validity "ENGADINcard 365"/"PIZcard 365"
July 12, 2022 to July 11, 2023
Last cancellation date: June 11, 2023 (postmark)
If the "ENGADINcard 365"/"PIZcard 365" is not cancelled, it will be automatically extended for a further validity period of 365 days. For this further validity period, a reduced price is granted (extension discount). If, however, the contract is terminated and a new contract is concluded at a later date, the entitlement to the reduced price (extension discount) is forfeited.
Any further termination or suspension options of the "ENGADINcard 365"/"PIZcard 365" are excluded, except for those in section 5 below. A refund will only be made in accordance with the General Terms and Conditions of the ESMP.
The ESMP reserves the right to terminate the contract at any time in justified cases.
The contracting partner commits himself with conclusion of the contract to the punctual payment of all demands. The contract partner will be charged the invoice amount for the next validity period 1 month before the expiry of the validity period via the deposited payment method or otherwise invoiced. For a further validity period, the invoice amount must be paid before the start of the next validity period, otherwise the contracting partner will be in default without a reminder.
The contracting partner will be in default without a reminder if he or she does not pay on time. If the contract partner is requested to pay with a reminder due to a delay in payment, CHF 15.00 will be charged. In case of collection, additional collection fees may be charged. In any case the ESMP reserves the right to charge the effective interest on arrears according to Art. 104 OR from the due date. The ESMP reserves the right to assign its claims to third parties. If the contract partner is in arrears with payment to the ESMP, the ESMP can block the "ENGADINcard 365"/"PIZcard 365" at any time.
If the "ENGADINcard 365"/"PIZcard 365" is purchased in the webshop, the special payment conditions of the respective collection partner apply.
5. Tariff changes
Prices and services can be adjusted at any time. The ESMP informs the contracting party in a suitable way in advance about changes of the tariffs. If the changes are disadvantageous for the contracting partner, he or she can terminate the contract until the change comes into force on this date. If he or she fails to do so, he or she accepts the changes. Price changes become effective and binding for the contract partner with the next invoice. The price of the "ENGADINcard 365"/"PIZcard 365" can change due to a change to a higher age level. The tariff of the respective age level on the first day of validity of the respective validity period applies.
St. Moritz, 01 June 2022
Engadin St. Moritz Mountain Pool