1. General terms and conditions

1.1 Scope of application and validity

These general terms and conditions (GTC) apply to all services, events and products (hereinafter collectively referred to as "services") - whether for a fee or free of charge - provided by Brienz Rothorn Railway AG (hereinafter referred to as "BRB").

As soon as the customer makes use of a BRB service, he acknowledges the validity of the BRB's GTC. A written copy of these GTC can be obtained from the BRB or online.

Unless otherwise specified in the section "2. BRB services" below, the general provisions set out below apply to all BRB services. They form an integral part of the contract. Deviating agreements between the customer and BRB remain reserved.

1.2 Conclusion of contract

The contract with BRB comes into effect with the unconditional acceptance, i.e. with the purchase of one or more of the company's own services. The rights and obligations arising from the contract, including these GTC, come into effect from this point in time.

A contract is only concluded upon confirmation by the BRB (acceptance/ticket issue) of the customer's written, telephone or electronic booking/registration (application/ticket purchase).

If the agreement relates to brokered third-party services, a contract is concluded between the customer and the third-party provider. In this case, the BRB is not a party to the contract.

1.3 Services

The BRB undertakes to provide the services as described. The service descriptions in the valid brochures or electronic media as well as other written offers from BRB shall form the basis of the contract. Special tariffs, special requests and ancillary requests are only part of the contract if they have been confirmed in writing.

All other information material not produced by the BRB or information from third parties is non-binding and does not constitute a performance obligation for the BRB.

1.4 Prices

The prices can be found in the respective offer or the valid BRB price lists. Other agreements between customers and the BRB remain reserved. Price changes will be published in good time and are possible at any time on any date.

All prices quoted include the currently applicable value added tax. Any increase in VAT between conclusion of the contract and provision of the service shall be borne by the customer.

All services are offered exclusively in Swiss francs (CHF). Prices in foreign currencies are only non-binding guidelines. In the case of payment in foreign currency, conversion will be made at the current daily exchange rate. Any fees shall be borne by the customer. Change is always given in Swiss francs.

1.5 Vouchers

Expired vouchers will only be extended once if they can be proven to have been purchased. Vouchers that were issued free of charge (sponsoring, PR purposes, vapor value checks, etc.) will not be extended.

All vouchers issued against payment are value vouchers. Consequently, they can be redeemed for various services provided by the BRB and/or partner companies.

1.6 Terms of payment

Payment is made immediately upon conclusion of the contract. Payment for online orders is made by credit card (Mastercard, Visa, Amex, Diners), Postcard, Twint or on account. Credit cards are billed via Saferpay. The items remain the property of the BRB until full payment has been received. The offers and services of the BRB only have to be provided after payment has been made. Ticket purchases on credit are not permitted. In the case of payment (voucher or souvenir orders) on account, the customer undertakes to pay the invoiced amount by the due date stated on the invoice (expiry date). If the customer fails to meet his payment obligation within the payment period, he shall be in default upon expiry of this period without further reminder. From the date of default, BRB is entitled to discontinue all services to the customer without further notice. The BRB reserves the right to refuse to accept vouchers or tickets in the event of outstanding payments, to charge reminder fees and to take legal action.

BRB reserves the right to demand advance payment for services in whole or in part. Payment conditions may vary depending on the product category. If the customer defaults on payment of the deposit, BRB is entitled to withdraw from the contract. This shall be deemed to be a change or cancellation by the customer and, unless otherwise agreed, the following conditions shall apply in accordance with GTC Clause 1.8 (Cancellation by the customer).

1.7 Delivery

The exact delivery times can be found in the item description. In general, a delivery period of three to five working days applies. The buyer bears the risk of delays and loss when products are sent by post. Any liability is rejected. Tickets and vouchers can be conveniently printed out at home. *The buyer bears the shipping costs.

1.8 Cancellation by the customer

The BRB must be notified in writing as early as possible of any significant changes or cancellations of agreements. If the reservation is canceled in full for reasons for which the BRB is not responsible, the following cancellation fees apply:

1.8.1 Online tickets and vouchers

There is no right of withdrawal for vouchers and tickets that are paid for online. Purchases in the online store are binding. They cannot be reversed, amended or refunded after purchase. Vouchers paid for by invoice can be revoked within 24 hours and must be returned to the issuer within 3 working days (from the date of issue). In the case of online vouchers/tickets, please note that these are sent to the customer by the BRB with a forgery-proof code. As the customer can print out the voucher/ticket himself, several prints are possible, but only one print is relevant in terms of value and can be redeemed. The first voucher/ticket redeemed with the corresponding code is regarded as the original and must be debited by the BRB immediately after redemption. Should further copies with the same code appear, this constitutes misuse which will result in criminal prosecution. There is no entitlement to fulfillment and/or delivery or to compensation from the BRB 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/ticket. In fact, a criminal investigation (forgery of documents) may be initiated immediately against the issuer with the intent to defraud.

As a voucher/ticket can be passed on or given as a gift, there is no obligation or possibility on the part of the BRB to check the right of ownership of the redeemer. When a voucher/ticket is redeemed, it is only checked whether the corresponding voucher/ticket number has actually been released by the system and whether the corresponding voucher/ticket has actually been paid for.

The vouchers are generally valid for 5 years (see validity period on voucher). Tickets are valid for the current season. After this period has expired, the BRB is no longer obliged to accept them. Lost vouchers/tickets will not be replaced. Vouchers/tickets can also not be returned for cash value. The BRB is not obliged to accept unpaid vouchers/tickets as a means of payment. For operational reasons, the services listed in the voucher/ticket 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 overnight stays and vouchers for groups. If the price of the offer is higher, the holder of the voucher must pay the difference to the current price.

1.8.2 Group reservations

1.8.2.1. Brienz Rothorn Railway

Up to 7 days before arrival: free cancellation

7 to 4 days before arrival: 50% of the total price (based on standard rate) of the reserved seats

Cancellation at a later date: 100% of the total price (based on standard rate) of the reserved seats

1.8.2.2 Restaurant mountain hotel Rothorn Kulm

Up to 7 days before arrival: free cancellation

Later cancellation: If meals such as half board or special banquets are also booked for groups (10 persons or more), the restaurant will charge you for the costs already incurred for purchasing and transportation.

1.8.3 Overnight stays at the mountain hotel Rothorn Kulm

Up to 72 hours before arrival: free cancellation

Later cancellation: 100% of the total room price

Deviating agreements between the customer and the BRB remain reserved. The date of receipt of the written cancellation by the BRB is decisive for the calculation.

If the cancellation relates exclusively to brokered third-party services, the contractual provisions or GTCs of the third-party provider shall apply.

1.9 Withdrawal by the customer

If a customer terminates the service prematurely or leaves prematurely, he/she is not entitled to a refund. Any additional costs incurred as a result shall be borne by the customer.

1.10. Withdrawal by the BRB

BRB is entitled to withdraw from the contract at any time for good cause or to terminate the activity prematurely. Important reasons are weather conditions, natural phenomena, official requirements and prohibitions, safety aspects and cases of force majeure as well as other circumstances beyond the control of the BRB. In this case, the price paid will be refunded, less the services already provided by the BRB.

Further claims for compensation are excluded. We expressly reserve the right to make changes to the program and delays in the timetable for important reasons. BRB shall endeavor to offer a replacement service of the same value as far as possible; in such cases, however, the customer has no legal claim to this.

BRB may also withdraw from the contract under the following conditions:

• If participants give justified cause for this through their actions and/or omissions.
• If the BRB establishes that events have been booked under misleading or false statements of material facts.
• If there is reasonable cause to believe that the event or its participants may jeopardize the smooth running of business operations, the safety or reputation of BRB in general or its guests.
• If third parties involved in the organization by the BRB at the instigation of the organizer prevent the provision of services in whole or in part.

1.11. Liability provisions

The BRB undertakes to the customer to provide the services with due care in accordance with the contract, these GTC and any other contractual provisions. The BRB is only liable for defects or failures of the service that represent a reduction in value.

In the event of failure for which BRB is responsible, BRB may provide an equivalent replacement service within a reasonable period of time. In this case, claims for compensation are excluded. In any case, BRB's liability is limited to the amount of the offer paid for and liability is limited to direct damages. Liability for consequential damage, pure financial loss and loss of profit etc. is rejected. No liability exists in the event of withdrawal by BRB in accordance with the above GTC Section 1.10. (Withdrawal by BRB).

BRB shall only be liable for intentional or grossly negligent contractual or non-contractual damage. The customer is responsible for proving fault. Any further liability (slight or medium negligence; causal liability, liability of auxiliary persons) is excluded. The BRB is not liable for circumstances that are attributable to unforeseeable events, force majeure or the behavior and characteristics of the customer (in particular self-inflicted negligence). If the instructions of the BRB or its auxiliary persons are not followed, any liability on the part of the BRB shall lapse.

The BRB is not liable for theft and loss of property and assets, financial or material damage, etc. for which it is not responsible.

1.12. Complaints

If the customer has cause for complaint during a service, he must report this immediately to the responsible BRB employee. In addition, the customer is obliged to make every reasonable effort to help rectify the fault and minimize any possible damage. Warranty claims by the customer shall in any case expire one year after the date of provision of the service. Warranty claims may not be assigned.

1.13. Insurance

The BRB has industry-standard insurance cover for disruptions or accidents. The customer is liable to the BRB for damage and loss caused by him or his assistants or participants, without the BRB having to prove fault. The BRB therefore recommends that all customers take out supplementary insurance cover.

1.14. Data protection / use

Individual areas of the operations are monitored with video recordings. BRB complies with the applicable data protection legislation.

BRB processes and collects personal customer data only within the framework of the applicable data protection legislation. This data is only used to maintain and improve customer relations, quality and service standards, to maximize operational safety or in the interests of sales promotion, product design, crime prevention, key economic data and statistics and invoicing.

The customer who makes use of a BRB service agrees to the disclosure of all customer data to third parties, insofar as this is necessary for the provision and/or procurement of corresponding services. Otherwise, data will only be passed on with the customer's consent, unless the BRB is legally obliged to pass on personal data to third parties.

1.15. Amendments to the General Terms and Conditions (GTC) and the other contractual provisions

BRB reserves the right to amend these GTC or parts thereof and the other contractual provisions at any time. The customer will be notified of any changes to the GTC in good time, stating the date on which they will come into force. If the customer is significantly disadvantaged by the amendment to the GTC, the customer is entitled to terminate the contract as of the entry into force of the amended GTC. The right of termination shall expire when the amendment comes into force.

Amendments to a contractual agreement must be made in writing and signed by the parties. Notifications by e-mail shall be deemed to have been made in writing.

1.16. Applicable law and place of jurisdiction

The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision that comes as close as possible to the economic effect of the invalid provision. The place of performance and jurisdiction for contracts, including these General Terms and Conditions (GTC), is Brienz.

2. Services of the BRB

2.1 Types of services

The BRB's offering comprises individual services (e.g. rail operations, transportation and catering) and events as a combination of several services (e.g. "rail operations and transportation" with "events, catering and special offers").

The BRB also organizes/arranges events in cooperation with partners (third-party providers) as package deals, each of which includes independent services provided by the BRB and the respective partner. Finally, the BRB arranges services from partners that are not related to BRB services. The respective partner is responsible for the contractual provision of its services. The BRB assumes no liability or guarantee with regard to the independent services of the partners and/or third-party providers and is not a party to the contract with regard to these services. With regard to these third-party services, the contractual agreements including the GTC with the provider concerned apply. These GTC can only be consulted as a supplement if necessary, provided that this does not result in any liability on the part of the BRB.

3. Rail operations and transportation

3.1 Tickets

With the sale of a ticket or season ticket, the BRB undertakes to transport the rightful ticket or season ticket holder and or his/her material in accordance with these GTC.

Tickets and season tickets are only valid during the published operating hours. Unless expressly stated otherwise, season tickets are not valid for evening and special events outside operating hours. All tickets and season tickets are personal and non-transferable (exception: transferable annual tickets) and must be presented to the ticket inspector on request. There is no entitlement to subsequent exchange.

No refunds will be made if a ticket is lost or stolen. Subscriptions will only be replaced if the receipt is presented.

Rail staff are entitled to carry out ticket checks at any time. At the request of the railway staff, the ticket holder must identify himself/herself by means of a valid identity card or an equivalent form of identification.

3.2 Hand luggage and material transportation

Hand baggage within the meaning of Art. 23 PBG and Art. 62 et seq. VPB is the total quantity of goods or objects that a person can transport independently and without the assistance of staff with both hands (suitcases, bags, boxes, baskets, etc.) and by carrying them on the body (rucksacks, etc.). This is subject to the condition that this hand luggage can be transported in the compartments or storage areas provided for this purpose and can be handled within the scheduled stopping time.

The transportation of items that are a nuisance to fellow passengers, pose a safety risk or could cause damage is excluded.

The transportation of materials and goods that are not considered hand luggage is subject to a charge and is carried out in accordance with the relevant BRB tariff regulations.

With the exception of wheelchairs or mobility aids for guests with reduced mobility, the BRB expressly does not transport any type of wheels (single or multi-wheeled means of transportation or sports equipment such as bicycles, mountain bikes, folding bikes, scooters, etc.).

3.3 Misconduct by subscription and ticket holders

If a ticket or season ticket holder violates these provisions, disregards the instructions and orders of the staff or behaves recklessly, the BRB may exclude him/her from using the facilities and withdraw the ticket without compensation.

Anyone who contaminates or damages BRB facilities or equipment must pay the repair and cleaning costs. In the event of willful damage, the right to file criminal charges is reserved.

3.4 Exclusion from transportation

The BRB may refuse the transportation of equipment on its facilities if it interferes with operations or other guests or is obviously unsuitable for the use of the facilities.

Furthermore, persons who intentionally or through gross negligence violate the instructions of staff, the orders of authorized persons or statutory regulations are excluded from transport (see GTC Section 3.3. Misconduct by season ticket and ticket holders).

Persons may also be excluded from transportation in accordance with Art. 59 f. VPB may be excluded from transportation.

Persons may also be excluded from transportation in unfavourable weather conditions for safety reasons. Persons may also be excluded from transportation if they have endangered third parties prior to the intended transportation or if there is reason to believe that they will continue to endanger third parties. In the event of a repeat offense or in serious cases, the ticket may be revoked.

3.5 Liability and supplementary provisions

In addition, the provisions of the Swiss Railways Act of 20 December 1957 (SR 742.101), the Federal Passenger Transportation Act (PBG; SR 745.1) and the Passenger Transportation Ordinance (VPB; SR 745.11) shall apply in full, with the exception of the liability provisions.

Notwithstanding the above, liability pursuant to GTC Section 1.11. (Liability provisions) is excluded insofar as this is permitted by the relevant mandatory liability provisions

4. Activities

The BRB does not operate any summer hiking trails. Responsibility for the creation and maintenance of these paths lies with the local authority responsible for footpaths and hiking trails in accordance with legislation. The BRB is under no obligation to ensure the safety of traffic. Activities on summer hiking trails are carried out at any time of day at your own risk. The BRB accepts no liability whatsoever.

The BRB would like to point out that the paths leading away from the stations sometimes place higher demands on users. Paths can be narrow, steep and exposed according to their signage, require surefootedness and a head for heights and make hiking boots and weather protection necessary. There is also a risk of falling rocks, slipping and falling as well as danger in the event of bad weather. The BRB recommends its guests to inform themselves about the conditions and dangers, to stay on marked trails and to adapt their choice of route to the conditions and their own abilities.

5. Maintenance of the public facilities

5.1 Track systems

Unless otherwise indicated, it is prohibited to cross the tracks. Any liability of the BRB is rejected to the extent permitted by law.

6. Events, gastronomy and special offers

6.1 Independent services of the BRB

For services in the form of events (combination of several services), which are organized in whole or in part by the BRB, the following provisions also apply.

6.2 Tickets

Tickets that do not meet the legibility requirements are invalid. After leaving the event, they can only be used for re-entry if this is noted on the ticket or if the control staff expressly confirms or orders this.

In the case of combined tickets, the above provisions of GTC Section 3 (rail operations and transportation) apply in a subsidiary manner to the purely rail-specific aspects.

6.3 Ticket limitation and trading

BRB may limit the number of tickets issued to an individual customer. Unless agreed in writing, the customer is not permitted to use the publications and other details of the service or the BRB brands and labels to resell tickets purchased. He may not use tickets for advertising or sales promotion on his own behalf (e.g. public raffles, inclusion in packages).

Commercial trading with the tickets is prohibited. They will lose their validity as a result.

6.4 Exclusion of services

Unless otherwise agreed, the transportation of dangerous objects such as fireworks, weapons, sharp or pointed objects of any kind is prohibited.

If the ticket holder violates the instructions of the security services, the safety regulations, the site instructions and personnel guidance, the waste disposal concept, his/her ticket will lose its validity and he/she may be excluded from the current service and from further services of the BRB or its partners.

6.5 Postponement of the service and withdrawal by BRB

The GTC Section 1.10. (Withdrawal by BRB) shall apply with the following additions.

The service may be postponed or canceled entirely upon unilateral declaration by BRB. In the event of a postponement, the ticket already purchased shall be valid for the postponement date. If the customer is unable to participate on the postponed date or if the same service does not take place in the same year, the customer will receive a voucher to the value of the postponed or canceled service.

In the event of cancellation, BRB will also announce the modalities for reimbursement of the purchase price. The customer must claim the refund within three months of notification. Thereafter, the right to a refund expires.

6.6 Misuse

Each voucher and each ticket can only be redeemed once. Copying, altering or imitating tickets/vouchers is prohibited. It is the responsibility of the purchaser to ensure that no further tickets/vouchers with the same barcode are printed, copied and put into circulation. Misuse will be prosecuted and reported. When the voucher is redeemed, the validity and payment status of the code is checked in the system.

6.7 Liability

The BRB shall only be liable for the careful organization of the event insofar as it is guilty of gross negligence. Liability for the quality of the content of the performance and for impairment or damage caused by other participants at the event is expressly excluded.

The BRB is only liable for the actions or omissions of the activity leader (guides, leaders, etc.) if they are culpable in the performance of their duties.