Legal notice
Stoked AG
Hofmattstrasse 7
3920 Zermatt
Email
Tel: +41(0)27 967 70 20
Fax: +41(0)27 967 70 22
VAT: 555280
Directors: Christian Meier, Jürg Meier, Michael Meier
Hofmattstrasse 7
3920 Zermatt
Tel: +41(0)27 967 70 20
Fax: +41(0)27 967 70 22
VAT: 555280
Directors: Christian Meier, Jürg Meier, Michael Meier
General Terms and Conditions
1. Object of these General Terms and Conditions
1.1 These General Terms and Conditions govern the legal relationship between you and Stoked AG, department: Stoked Ski- & Snowboardschool (hereafter referred to as „Stoked“), for the services Offered by us under our own name.
2. Application for enrolment / validity of the Agreement between you and Stoked.
2.1 The Agreement between you and Stoked becomes valid upon the unqualified acceptance of your application for enrolment. From this point in time all rights and obligations under the Agreement (including these General Terms and Conditions) become effective, both for you and for Stoked.
2.2 If the person who has made the reservation applies to enrol further people for snowsportinstruction, he or she shall be liable for those persons’ contractual obligations (particularly with regard to payment), in the same way as for his or her own obligations.
The agreed contractual terms and these General Terms and Conditions shall apply for all persons receiving snowsportinstruction at Stoked.
3. Services
3.1 Our services are listed in the range of activities shown in the brochure. Any special wishes you may have, or supplementary arrangements, will only be covered by this Agreement if they have been confirmed in writing by the office that handled the reservation.
4. Prices and terms of payment
4.1 Prices
Prices for snowsportinstruction are listed in the brochure (exact description with year). Unless stated otherwise in the price list, prices for snowsportinstruction are understood per person.
Price modifications: see Point 6.
4.2 Payment
Payment is due immediately after conclusion of the Agreement. In the case of a telephone reservation, payment is due immediately before the start of the first lesson.
5. Amendment of reservation
5.1 General
If you wish to amend your reservation or cancel the lessons, you must notify the office that handled the reservation. Such notification must be made in person, by telephone, by fax or by email. In the case of changes or transfers outside the time limits stipulated, the cancellation conditions (Point 5.2) will apply.
5.2 Cancellation costs
In the case of changes, transfers or cancellations after 5pm the day before the start of lessons, we will charge you 100% of the price of the snowsportinstruction.
5.2.1. The date of such cancellation or change is considered to be the receipt of your notification by the office handling the reservation.
5.3 Replacement participant
If you have to cancel your snowsportinstruction you can choose another participant to take your place.
If a replacement participant undertakes to observe the Agreement, you and your replacement are jointly liable for payment of the entire snowsportinstruction (Point 5.2).
6. Modifications to the descriptions in the brochure / price changes
6.1 Modifications before the Agreement becomes valid Stoked expressly reserves the right to modify descriptions of services and prices given in the brochure and in price lists before you make your reservation. Our office will inform you if this should be the case.
7. Cancellation of lessons
7.1 Cancellations for reasons caused by you
Stoked is entitled to refuse your participation in lessons if there is just cause on account of default or adverse actions on your part. In such a case Stoked will reimburse you the course price that you have already paid; any further claims are excluded.
7.2 Minimum number of participants
There is a minimum number of participants for all ski classes Offered by Stoked, which is stated in the brochure. Should there be fewer participants than the number stated, Stoked may cancel the lessons at short notice or offer you an alternative (subject to an extra charge).
7.3 Force majeure
It may be necessary to suspend snowsportinstruction for reasons of safety, depending on weather conditions. In this case participants are not entitled to any reimbursement.
7.4 Compensation for inconvenience
If the lessons are cancelled because there are too few participants (Point 7.2) or for other reasons (Point 7.3) and you are not able to join another course, Stoked will reimburse you the price for the course that you have already paid. Further claims are excluded.
8. Change of programme
8.1 Stoked is legally entitled to change the programme or individual services, on condition that there are no far-reaching changes to the services Offered.
9. If you begin lessons but are unable to complete the course Should you leave the course prematurely you cannot be reimbursed for the price of the snowsportinstruction. If there are compelling reasons (e.g. if you are ill or have an accident) and can produce a certificate from a doctor in the region of Zermatt, Stoked will let you have a credit note for the outstanding lessons.
10. Complaints
10.1 Complaints and time limit for lodging complaints
Should the snowsportinstruction not correspond with the terms of the Agreement or if you suffer damages, you must immediately, e.g. if possible the same day, notify Stoked and demand that the shortcoming or damages be remedied without charge.
10.2 How to lodge a claim vis-à-vis Stoked
If you wish to lodge a claim against Stoked for shortcomings, reimbursements or damages you must send your complaint in writing to Stoked within one month of the end of the contractually agreed course. Your complaint should be accompanied by a confirmation of participation in the course and any other supporting evidence available.
10.3 Forfeit of claims
If you fail to formally complain about shortcomings or damages according to Point 10.1, you will lose and forfeit your right to receive or independently seek a remedy and to receive compensation. The same applies if you fail to send your complaint in writing to Stoked within one month of the contractually agreed course.
11. Liability
11.1 General
Under the following conditions Stoked will reimburse the value of agreed services that were not performed or were badly performed, any extra expenses incurred by you or any damages suffered by you.
11.2 Limitation of liability, exclusion of liability
11.2.1 Exclusion of liability
Stoked shall not be held liable if the non-performance or bad performance of the Agreement is due to the following causes:
a) default on your part;
b) unforeseeable or unavoidable default of a third party who was not involved in performing the services governed by the Agreement;
c) force majeur or an occurrence which Stoked, in spite of due care, could not foresee or prevent.
In the above mentioned cases, Stoked is exempt from any liability to pay compensation.
11.2.2 Damage to persons
In the case of damage to persons as a result of non-performance or bad performance of the services governed by the Agreement, Stoked shall be liable under these General Terms and Conditions, as well as according to the relevant national legislation.
11.3 Liability not governed by the Agreement
Liability not governed by the Agreement will be according to the relevant legislation.
Geschäftsführer 12. Insurance
Stoked recommends you to take out complementary insurance cover, e.g. for cancellation costs, or holiday accident and sickness insurance, additional costs of transport home, etc.
13. Applicable law and place of jurisdiction
13.1 The legal relationship between you and Stoked is governed by Swiss law.
13.2 Any invalidity of individual clauses of the Agreement shall not affect the validity of the rest of the Agreement.
13.3 For complaints lodged against Stoked Zermatt is agreed to be the place of jurisdiction.
1.1 These General Terms and Conditions govern the legal relationship between you and Stoked AG, department: Stoked Ski- & Snowboardschool (hereafter referred to as „Stoked“), for the services Offered by us under our own name.
2. Application for enrolment / validity of the Agreement between you and Stoked.
2.1 The Agreement between you and Stoked becomes valid upon the unqualified acceptance of your application for enrolment. From this point in time all rights and obligations under the Agreement (including these General Terms and Conditions) become effective, both for you and for Stoked.
2.2 If the person who has made the reservation applies to enrol further people for snowsportinstruction, he or she shall be liable for those persons’ contractual obligations (particularly with regard to payment), in the same way as for his or her own obligations.
The agreed contractual terms and these General Terms and Conditions shall apply for all persons receiving snowsportinstruction at Stoked.
3. Services
3.1 Our services are listed in the range of activities shown in the brochure. Any special wishes you may have, or supplementary arrangements, will only be covered by this Agreement if they have been confirmed in writing by the office that handled the reservation.
4. Prices and terms of payment
4.1 Prices
Prices for snowsportinstruction are listed in the brochure (exact description with year). Unless stated otherwise in the price list, prices for snowsportinstruction are understood per person.
Price modifications: see Point 6.
4.2 Payment
Payment is due immediately after conclusion of the Agreement. In the case of a telephone reservation, payment is due immediately before the start of the first lesson.
5. Amendment of reservation
5.1 General
If you wish to amend your reservation or cancel the lessons, you must notify the office that handled the reservation. Such notification must be made in person, by telephone, by fax or by email. In the case of changes or transfers outside the time limits stipulated, the cancellation conditions (Point 5.2) will apply.
5.2 Cancellation costs
In the case of changes, transfers or cancellations after 5pm the day before the start of lessons, we will charge you 100% of the price of the snowsportinstruction.
5.2.1. The date of such cancellation or change is considered to be the receipt of your notification by the office handling the reservation.
5.3 Replacement participant
If you have to cancel your snowsportinstruction you can choose another participant to take your place.
If a replacement participant undertakes to observe the Agreement, you and your replacement are jointly liable for payment of the entire snowsportinstruction (Point 5.2).
6. Modifications to the descriptions in the brochure / price changes
6.1 Modifications before the Agreement becomes valid Stoked expressly reserves the right to modify descriptions of services and prices given in the brochure and in price lists before you make your reservation. Our office will inform you if this should be the case.
7. Cancellation of lessons
7.1 Cancellations for reasons caused by you
Stoked is entitled to refuse your participation in lessons if there is just cause on account of default or adverse actions on your part. In such a case Stoked will reimburse you the course price that you have already paid; any further claims are excluded.
7.2 Minimum number of participants
There is a minimum number of participants for all ski classes Offered by Stoked, which is stated in the brochure. Should there be fewer participants than the number stated, Stoked may cancel the lessons at short notice or offer you an alternative (subject to an extra charge).
7.3 Force majeure
It may be necessary to suspend snowsportinstruction for reasons of safety, depending on weather conditions. In this case participants are not entitled to any reimbursement.
7.4 Compensation for inconvenience
If the lessons are cancelled because there are too few participants (Point 7.2) or for other reasons (Point 7.3) and you are not able to join another course, Stoked will reimburse you the price for the course that you have already paid. Further claims are excluded.
8. Change of programme
8.1 Stoked is legally entitled to change the programme or individual services, on condition that there are no far-reaching changes to the services Offered.
9. If you begin lessons but are unable to complete the course Should you leave the course prematurely you cannot be reimbursed for the price of the snowsportinstruction. If there are compelling reasons (e.g. if you are ill or have an accident) and can produce a certificate from a doctor in the region of Zermatt, Stoked will let you have a credit note for the outstanding lessons.
10. Complaints
10.1 Complaints and time limit for lodging complaints
Should the snowsportinstruction not correspond with the terms of the Agreement or if you suffer damages, you must immediately, e.g. if possible the same day, notify Stoked and demand that the shortcoming or damages be remedied without charge.
10.2 How to lodge a claim vis-à-vis Stoked
If you wish to lodge a claim against Stoked for shortcomings, reimbursements or damages you must send your complaint in writing to Stoked within one month of the end of the contractually agreed course. Your complaint should be accompanied by a confirmation of participation in the course and any other supporting evidence available.
10.3 Forfeit of claims
If you fail to formally complain about shortcomings or damages according to Point 10.1, you will lose and forfeit your right to receive or independently seek a remedy and to receive compensation. The same applies if you fail to send your complaint in writing to Stoked within one month of the contractually agreed course.
11. Liability
11.1 General
Under the following conditions Stoked will reimburse the value of agreed services that were not performed or were badly performed, any extra expenses incurred by you or any damages suffered by you.
11.2 Limitation of liability, exclusion of liability
11.2.1 Exclusion of liability
Stoked shall not be held liable if the non-performance or bad performance of the Agreement is due to the following causes:
a) default on your part;
b) unforeseeable or unavoidable default of a third party who was not involved in performing the services governed by the Agreement;
c) force majeur or an occurrence which Stoked, in spite of due care, could not foresee or prevent.
In the above mentioned cases, Stoked is exempt from any liability to pay compensation.
11.2.2 Damage to persons
In the case of damage to persons as a result of non-performance or bad performance of the services governed by the Agreement, Stoked shall be liable under these General Terms and Conditions, as well as according to the relevant national legislation.
11.3 Liability not governed by the Agreement
Liability not governed by the Agreement will be according to the relevant legislation.
Geschäftsführer 12. Insurance
Stoked recommends you to take out complementary insurance cover, e.g. for cancellation costs, or holiday accident and sickness insurance, additional costs of transport home, etc.
13. Applicable law and place of jurisdiction
13.1 The legal relationship between you and Stoked is governed by Swiss law.
13.2 Any invalidity of individual clauses of the Agreement shall not affect the validity of the rest of the Agreement.
13.3 For complaints lodged against Stoked Zermatt is agreed to be the place of jurisdiction.
Privacy And Security
Stoked is committed to respecting your privacy. We use the information we collect about you to process orders and to provide a more personalized experience. We will not sell or disclose any information that identifies you to a third party at all.
In addition, when you place an order with Stoked your personal information and credit card information are safe. From time to time we may send you an email updating you of our current happenings. If you do not wish to receive these emails, let us know and we’ll remove you from our list.
In addition, when you place an order with Stoked your personal information and credit card information are safe. From time to time we may send you an email updating you of our current happenings. If you do not wish to receive these emails, let us know and we’ll remove you from our list.
