Terms of Service
These are the Terms of Service (following named “TOS”) of Swiss-Philippine Consulting & Trading GmbH for using the services of this webpage.
This Document explains the obligations between “snowbike-fun.ch” services and Users/ Members from any country the Website is accessed or used from. You understand that “snowbike-fun.ch” is operated by Swiss-Philippine Consulting & Trading GmbH (hereinafter called “snowbike-fun.ch”, “Company” “us” or “we”), a limited liability company under Swiss law, based in Blankenburg, Switzerland which provides here Snowbike Courses and equipment rentals and sales.
Use and protection of data
We guarantee strict confidentiality of all private data that is communicated to us. The data is never given to third parties, except Snowbike.com (Brenter) and is reserved for the internal use of the company. Exceptions shall be made in the case of abuses. The content may then be used as legal evidence.
Personal photographs: Participants photos made during Courses and Rentals may be used as part of marketing issues and be displayed on partner sites or in our promotions.
The web is vulnerable to the outside world and all members have to take precautions and protect their equipment to circumvent any disruptions. In no event shall we, our employees, agents, suppliers or subcontractors be liable for any occurrence resulting in interruption of services due to system or system based malfunctions.
We provide a database for the users and have no control over accuracy and security of content sent between members or entered in their profiles. Therefore we assume no liability for any such information entered by members. Partners may provide false information, fill out inaccurate data or use the service for unauthorized or illegal purposes even they are prohibited to do so, such behavior excludes all liability of the company. Herewith liability is excluded in all events.
snowbike-fun.ch is not responsible for the contains of web pages which might be inserted with banners from Third Parties placed on the Homepage. Also „snowbike-fun.ch“ rejects any responsibility for any other contents through these banners.
Snowbike-Fun.ch rejects responsibility for truth or identity of owner of these contents (e.g. blogs) which could be used on the Web pages. Only the contents of our own texts are checked. Snowbike-Fun.ch cannot be held responsible for false remarks of a customer (bloggers etc.).
Snowbike-Fun.ch doesn’t take responsibility what so ever for any offers which the partners are offering. Any remarks, complaints etc. have to be taken up directly with the responsible partner.
Any other guarantee, expressed or implied, is strictly exempted.
Each member hereby indemnifies the company from, but not limited to, all liability, obligations and claims arising for damages through injury of any personal rights or intellectual property by other members, defamation, slander and service disruptions. Furthermore, every member excludes the company herewith from all liability, claims and costs arising from a breach of these TOS.
The presentation including all elements, such as the brands, logos and domain names that appear on the Internet site which houses the Service are protected by intellectual property law. They belong to the Company or have been approved for its use. It is prohibited to either partially or entirely alter, reproduce, edit, transmit or distribute any element of the site on any kind of medium without previous written confirmation of the Company.
The Webpage is operated by means of a software. The Software contains confidential information that is protected by the intellectual property law. The Members have no owner’s rights to any part of the software: They shall not carry out any “reverse engineering” to compile or disassemble the software, modify or create programs developed from part or all of the software, distribute or make copies of the software available in any way.
The Use of the “snowbike-fun.ch” brand in the organization of events, receptions, or in any other context is strictly prohibited. Exceptions need the previous written consent of the Company.
Contents and Descriptions of Services
The services on Snowbike-Fun.ch are directly from us. We are responsible for the contents and description. The contents can have small differences.
The customers of Snowbike-Fun.ch are not insured by us. Accident and Liability Insurance has to be taken care of through the participant. Snowbike-Fun.ch rejects any liability for sport accidents which occur before, during or after the lessons. Customers are strongly advised to insure against accidents, liability, emergency response and possibly a holiday cancellation. The customers are also responsible for their material (e.g. binding setting etc.). During the lessons through Snowbike-Fun.ch it is highly recommended to wear a helmet and back protector.
Basic course – 2-4 hours:
Takes place in (almost) all weather conditions. Group lessons from 4-8 persons. If the minimum participants are not reached Snowbike-Fun.ch reserves the right to charge an additional amount of CHF 20-50.00 per person.
Reservation required! Snowbike-Fun.ch guarantees the Reservation only if it is paid latest 3 days before the lesson date and is confirmed by us in writing.
Refund for shortly cancelled lessons, because of injury or illness occurred, only with a medical certificate of a village doctor near Snowbike-Fun.ch. Only the difference will be refunded. A ‘transfer’ to the next season is possible but there will be no cash refund if the lesson is not used up by end of next season. Cash refund is made by the snow sports instructors or their authorized representatives.
A bank refund will be made to the account through which the lesson was paid.
In case of failure of teaching as a result of force majeure, such as storm, avalanches, bad weather, lack of snow, etc., no refund is paid. Snowbike-Fun.ch proposes, in consultation with the customer, a new appointment in the same winter. A transfer to the next season is not possible. Special exceptions are only valid in writing, email or letter, by snowbike-fun.ch.
CHF and Euro in cash or bank transfer. Euro prices are approximate.
Booking & Cancellation of Courses / Events
All lessons must be paid before the lesson starts! Cancellations are calculated from the invoice amount as follows:
30 – 15 days before the lesson: 40%
14 – 8 days before the lesson: 60%
7 – 3 days before the lesson: 80%
2 – 0 days before the lesson: 100%
If the customer shows up late to the confirmed appointment the Course is executed until the end of the confirmed Course time. A refund is not possible. Should a normal lecture time be possible, without interfering with another event, it will be considered. The instructors wait maximum 30 minutes at the confirmed place. The lesson takes place in all weather conditions as long as the safety of the customer is ensured. The the final decision is with the instructor.
Participants have to strictly oblige the FIS code of conduct and have to follow the instructions of the instructor. With his participation of the Services of Snowbike-Fun.ch declares the acknowledgement of the provisions.
The rental amount including any Deposit and Fee has to be paid in advance. The Customer is responsible for all damages on the rental equipment which occurs through careless use, as well as loss or theft of the rental equipment. The nominal fee only covers the damage to the rental equipment, which has arisen, if used correctly. The rental station of Snowbike-Fun.ch offers a binding with BFU-label. The renter confirms having received the rental equipment in perfect condition and acknowledges to have read and understood the rental terms.
The rental station of Snowbike-Fun.ch rejects liability for any accident which occur during use of the rental equipment. The customer is strongly advised to have his own Accident and Liability insurance.
Booking & Cancellation of Rental Equipment
All rental equipment has to be paid before use! A deposit can be charged.
Cancellations are calculated from the invoice amount as follows and include costs for administration and marketing. An already paid deposit will be refunded.
15 – 10 days before the appointment: 50%
9 – 4 days before the appointment: 75%
3 – 0 days before the appointment: 100%
The company reserves the right to change the Terms of Services. The parties are obliged to check the TOS periodically to verify if they still accept them. The use of the services will be terminated for any party which does not accept the new version.
Applicable jurisdiction and tribunal
In the case of litigation, the legal basis is the TOS in force. The TOS are subject to Swiss law to the exclusion of all other legislation.
The Customer accepts that the competent tribunal is at the Company’s location in Switzerland.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
Blankenburg/Zweisimmen, September 5, 2016