This privacy notice informs you about how we take account of the privacy of all users of our website. We may change this privacy notice at any time by publishing an updated version here, and if possible, we will provide you with a new privacy notice when we make any substantial changes. We will also notify you in other ways from time to time about the processing of your personal data.
The controller(s) of your personal data are Stoked Sports GmbH and Stoked Mountain Experience AG, Bahnhofstrasse 72, 3920 Zermatt, Switzerland respectively the entity of the Stoked group which is the contracting party for the purposes of providing services or products. Your information will be shared among these parties and with Stoked Holding AG, Bahnhofstrasse 15, 3920 Zermatt, Switzerland. References in this privacy notice to “we” or “us” are references to Stoked Sports GmbH and Stoked Mountain Experience AG.
Collection and processing of personal data
As a user you are not required to register to gain access to most areas of our website. When accessing our website, the following data is stored in log files: Your IP address, date and time of your access, browser request and general information about your operating system and browser. This usage data forms the basis for statistical, anonymous analysis, in order to identify trends to further improve our website and our offers accordingly. We also collect data you have provided on our social media accounts (see below under "Social media platforms").
You may need to provide us with limited personal data in order to receive certain services or products from us. In these cases, we process your personal data to communicate with you and to administer our relationship with you, to provide and improve our services and products to you and our clients, to sending newsletters and feedback forms etc. (see below), and to comply with legal obligations, including establishing, exercising or defending legal claims. For example, the following services require registration on our website and/or otherwise the provision of personal data:
Subscription to our newsletter
Subscribers to our newsletter receive information about new services and special offerings. Only basic personal data, such as your name and your email address, are needed for registration. For verification purposes, we will send you a confirmation e-mail immediately after you have finished the registration process. During this process, we may also store your IP address and the date and time of registration. The personal data collected as part of your registration will be used for sending our newsletter to you. For further information regarding our newsletter service provider, please see below ("Newsletters and promotions").
Booking enquiries, boot fitting and other personalized services
You are required to provide us with certain personal data in case you would like to book ski or snowboard lessons, make an appointment for boot fitting or require otherwise personalized services or products from us. Such personal data contains in particular your name, your contact details, and, if needed, your date of birth, your gender or your preferred language. We may also collect sensitive personal data (e.g. health related data) if you provide us with such information (e.g. in the context of any dietary restrictions). We may also collect personal data you provide to us of third parties. It is your sole responsibility to get such third parties' consent, as necessary, for sharing their personal data with us. Please see also our respective forms for the type of personal data you are requested to provide us with (booking enquiry form, boot fitting form etc.). We may forward your data to our ski or snowboard instructors and, if needed, contact your hotel to get in touch with you.
Your satisfaction is very important to us. We invite you to provide us with your feedback via our feedback form offline or on our website. You will be asked to provide limited personal data such as your name and contact details. We may forward your feedback to the person you refer to, contact you following your feedback and mention your feedback on our website in an anonymized form.
You may use a contact form if provided on our website. When using the contact form, you will be asked to provide limited personal data such as your name, email address, phone number and a message you want to deliver to us. We may use such information to get in touch with you or to reply to your message.
We process personal data for the above mentioned purposes (see section "Collection and processing of personal data") on the following basis:
- that it is necessary for us to perform a contract, i.e. we will process and use your personal details to fulfil our contractual obligations so we can provide you with your requested products and services;
- for compliance with laws, i.e. we will process and use your personal details to comply with legal obligations under applicable laws;
- for legitimate interests, including the interests set out above, i.e. we will process and use your personal details to carry out and improve our products and services, sending you marketing communications and feedback questionnaires;
- and/or based on consent, e.g. when you sign up for a newsletter or purchase products, you consent to our use of the personal details you provide to carry out the purposes we communicated to you.
Security and Disclosure
We safeguard the confidentiality and security of your personal data. Access to such personal data is restricted and we have implemented appropriate technical and organizational security measures to protect such personal data against loss, misuse, unauthorized access or modification, and unauthorized disclosure. Your personal data will only be processed and stored in Switzerland and will not be provided to any third parties unless otherwise stated in this privacy notice. We will ensure an adequate level of data protection when disclosing personal data to third parties or foreign jurisdictions. We may disclose your personal data to the following recipients and for the following purposes: to our service providers (see in particular the section "Newsletters and promotions" below); to other entities of the Stoked group for the purposes described in this privacy notice; in order to process a request involving services that are not or not exclusively provided by us; if you expressly request this; if this is necessary to comply with a court order or a legal or regulatory requirement; or if disclosure of such personal data is reasonably connected to the sale or other disposal of our company or parts of it.
Cookies and Google Analytics
Cookies are text files placed on your device to help analyze how users use a website. After the browser session, most of the cookies we use are deleted from your device ("session cookies"). Other cookies remain on your device ("permanent cookies") and permit its recognition at your next visit to our website. This allows us to improve your access to, and your experience with, our website. You can prevent the storage of permanent cookies by deactivating them via your browser settings. Please note that deactivating cookies may affect your browsing experience.
Social media platforms
We offer plugins for various social media platforms you may like to participate in. We are not liable or responsible for any type of misuse by third parties of the personal data you disclose via social media platforms. We suggest that you familiarize yourself with the privacy notices of the respective social media platforms.
Facebook plugins ("Like" button
We receive a number of different types of information that you and Instagram API provide to us when you create and use our widgets or website. We use Instagram API to fetch information about photos from a particular username or hashtag. We only use basic data like image links, tags and captions. We do not store Instagram images and videos on our data servers in any way. We only have required URL’s to them. Images in our widgets come directly from Instagram.
Our website uses the provider YouTube, among others, to incorporate videos. YouTube is operated by YouTube LLC with its main office at 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google Inc. with its main office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you view a page of our website with such a plugin, this establishes a connection to the YouTube servers and the plugin is displayed. This transmits to the YouTube server which page(s) of our website you visited. If you are logged in as YouTube member, YouTube associates this information with the respective personal user account. When the plugins are used, e.g., by clicking on the start button of a video, this information is also associated with the user account. You can prevent this association by signing out of your YouTube account and other user accounts of YouTube LLC and Google Inc. before using our website and also by deleting the respective cookies. Additional information on data processing and data privacy by YouTube (Google) can be found at https://www.google.com/policies/privacy/.
Newsletters and promotions
We may use your personal data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. Newsletters will only be sent to you if you have subscribed to our newsletter service (see further above). Our newsletters contain tracking pixels which enable log file recording for statistical analysis of our newsletter campaigns. We may see whether and when an e-mail was opened, and which links in the e-mail were activated. We use MailChimp providing us with email marketing service. MailChimp is represented by The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA. We only store your email address on Mailchimp for the sole use of email marketing services. You may opt out of receiving any, or all, of these communications from us by contacting us via firstname.lastname@example.org or by following the unsubscribe link or instructions in any email we send.
We will delete the personal data collected about you if all processing purposes have been fulfilled unless statutory retention obligations apply. You have the right to request access to the personal data we process about you, to request correction of any incorrect personal data, restriction of access to, and deletion of, personal data. Furthermore, if you believe that your rights granted by applicable data protection laws have been infringed, you may lodge a complaint with the competent data protection authority. For questions or queries please contact us at: email@example.com or write to us: Stoked Mountain Experience AG, Bahnhofstrasse 15, 3920 Zermatt, Switzerland or Stoked Sports GmbH, Bahnhofstrasse 72, 3920 Zermatt, Switzerland.
Last update: 15/04/2021
TERMS & CONDITIONS
Stoked Group Zermatt
Of 3. May 2021 - (replacing all previous terms & conditions, in case of inconsistencies between this English and the German version, the German version prevails.)
These general terms and conditions (GTC) apply to all transactions and contracts between one of the following companies of the Stoked Group Zermatt (Stoked): Stoked Mountain Experience AG or Stoked Sports GmbH on the one hand and the client on the other hand.
All prices are indicated in Swiss Francs and include the value-added tax (VAT). Stoked reserves the right to adapt or change prices and specifications at any time.
1.3. Means of payment
Stoked accepts the following means of payment: cash: Swiss Francs and Euro; credit cards: Mastercard, Visa and American Express; Maestro, V-Pay, VISA Electron and Twint.
2. Stoked Snowsports School
2.1. Scope of business
Stoked Mountain Experience AG operates a snowsports school (Stoked Snowsports School), which provides mainly ski and snowboard lessons to adults and children of all ages by means of private and group lessons as well as guiding.
The client can book a lesson or a guiding session directly with the Stoked Snowsports School or at one of the further numerous booking points (a hotel, the rental agency of the apartment or the chalet, a partner (such as Check Yeti, Zermatt Tourism, Ski Bro) or a tour operator).
2.3. Conclusion of the contract
A booking for a lesson or a guiding becomes binding for the client, as soon as the Booking Office of the Stoked Snowsports School has confirmed the reservation to the client. If no other agreement has been made, Stoked requires a prepayment as a guarantee for the booking. The booking is only considered confirmed once the advance payment has been received.
2.4. Ski lift ticket
The price for the ski lift ticket is not included in the price of the lesson.
2.5.1 Kids group lessons
The minimum number of participants for a group lesson is three children. Group lessons start on Monday and last until Friday. Group lessons can be booked for five half days or for five full days. If needed, the Booking Office may confirm whether the start of a group course is possible on another day of the week or whether the group course can be ended earlier. The Booking Office is in charge of allocating the kids to a group as well as the assignment of the responsible instructor. The Stoked Snowsports School reserves the right to cancel group lessons if the minimum number of participants is not reached, to merge different groups or to adapt the number of lessons. The Stoked Snowsports School always aims to find the best solution for the client.
2.5.2. Private lessons
Private lessons can be booked on an hourly basis, for half days or for full days. It is the Booking Office which allocates the responsible instructor. It takes the client's preferences into account as far as possible. The Stoked Snowsports School reserves the right to change the instructor if required for operational reason.
The Stoked Snowsports School reserves the right to cancel or discontinue lessons if nature/weather conditions or other circumstances (such as force majeure, official measures, suspension of cable cars and/or lifts) so require. In such cases, the client is entitled to a refund for lessons that could not be held (see article 2.8 below). If the customer wishes so, and if it is operationally possible, the lessons can be held at a later point in time.
The instructor defines together with the client the steps and the desired success which depends on the client's previous knowledge and skills. The Stoked Snowsports School cannot guarantee any particular learning success.
A confirmed booking must be cancelled by the client at least 48 hours before the beginning of the first booked lesson with the Booking Office either by telephone or by e-mail to firstname.lastname@example.org. If the client cancels a booking less than 48 hours before the beginning of the first booked lesson, if he or she does not start a lesson, is more than 30 minutes late to begin the lesson, or if a lesson that has been started has to be discontinued for reasons that lie with the client, the client must pay such lesson in full.
2.8.1. Full refund
The Stoked Snowsports School refunds the customer in full for paid lessons which were not held in the following cases:
a) In the event of a proper cancellation (see article 2.7);
b) in case of a cancellation due to an accident or to illness, upon presentation of a medical certificate from a local doctor.
2.8.2 Partial refund
In the event of cancellation by the Stoked Snowsports School (see article 2.5.3), it refunds the customer for paid lessons which were not held after a deduction of a 20% administration fee (up to a maximum of CHF 500.00).
2.8.3. No refund
In the following cases there will be no refund for paid lessons:
a) in the event of an irregular cancellation (see article 2.7.);
b) for the reasons listed, which are within the responsibility of the client (see article 2.7.).
The Stoked Snowsports School denies any liability for any accidents during lessons provided by the instructors of the Stoked Snowsports School. It is the responsibility of the client to engage appropriate insurance.
3. Stoked Boot Fitting & Biomechanics
3.1. Scope of business
With the Stoked Boot Fitting & Biomechanics team, the Stoked Sports GmbH has experts in Zermatt with many years of experience in the fields of biomechanics, foot and gait analysis, the manufacture of insoles for all types of shoes, correct shoe selection and a broad knowledge of the functioning of the foot.
In order to provide the client with a personal, individual and impeccable service and in particular to be able to respond to the client's specific needs, the client is asked to make an appointment for a consultation either in person at the Stoked Boot Fitting & Biomechanics in the Stoked Sports Shop, by telephone or by e-mail to email@example.com. Credit card details (number, expiry date and security code) are required to guarantee the appointment.
3.3. Cancellation / rescheduling of the appointment
Cancellations or reschedules must be made at least 48 hours prior to the appointment. For cancellations on a shorter notice, Stoked Boot Fitting & Biomechanics charges a fee of CHF 100.00. In case of an accident or of illness, the CHF 100.00 are not due, upon presentation of a medical certificate from a local doctor.
3.4. Liability for illnesses
At the introductory conversation during the first appointment at Stoked Boot Fitting & Biomechanics, the client must inform Stoked Boot Fitting & Biomechanics of any illnesses, foot or other health problems that may be relevant for the fitting. Stoked Boot Fitting & Biomechanics denies any liability for any potential health problem in relation to insoles, ski boots or any type of footwear, if the client has not informed Stoked Boot Fitting & Biomechanics of any illnesses, foot or other health problems that could be relevant.
Stoked Boot Fitting & Biomechanics guarantees that the fitted ski boots fit and function. If, after initial use of the boots, the client feels that the boots do not fit properly, additional adjustments will be made free of charge. The client is not entitled to additional adjustments if the boots have not been used properly. There will be no refund of the purchase price.
Warranty service is available within 12 months of the date of the purchase of the shoes, if all of the following applies:
a) the client has bought the shoes and had them fitted at Stoked Boot Fitting & Biomechanics;
b) the client produces the original sales receipt; and
c) the shoes were not used in an improper way.
4. Final Provisions
Claims for indemnity based on deviating illustrations or errors in the labelling of prices or texts are excluded.
Stoked reserves the right to change these general terms and conditions at any time. The currently valid GTCs shall apply to the customer at all times.
4.3. Data protection
4.4. Applicable law/court of jurisdiction
Zermatt is the place of execution for the agreed services. Swiss law is applicable to the legal relationship between Stoked and the client. The court of jurisdiction is Zermatt.
Accountability for content
All of the content within this website is intended as a guide to the services and products offered by us. The content of our website has been created with reasonable care. However, we do not assume any responsibility or liability for the content's accuracy, completeness or topicality. The content may be changed at any time and without prior notice.
Accountability for links and our social media platforms
Our website contains links to third party websites and to various social media platforms, e.g. Facebook, Twitter, YouTube and Instagram, which you may like to participate in. These platforms primarily serve to facilitate the access to content and to share content with other internet users. When linking to the social media platforms of third party service providers, we have no control over the display and use of the content provided there. We accept no liability or responsibility for such content and its accuracy, completeness or topicality. Linking to a third party website does not imply our recommendation or endorsement of, or support for, the third party or the products and services of the third party.
Unless indicated otherwise, the copyright and all other rights to the content, text, images, photos, films or other elements and files on our website are exclusively owned by us, our licensors or the expressly mentioned right holder, as the case may be. You undertake not to use any content, in particular by copying, publishing or otherwise reproducing it, without the prior written consent of the right holders. You agree that we are entitled to reproduce, modify, translate, publish or otherwise use any content provided by you to us (e.g. via our feedback or contact forms) for our own purposes as we deem appropriate.