Società Ginnastica, Sezione Federale, Chiasso General Terms and Conditions These General Terms and Conditions of Business (hereinafter referred to as «GTC») apply to all services offered by Società Ginnastica, Sezione Federale, Chiasso (hereinafter referred to as «SFGC»). By using the services of SFGC, the following conditions are fully accepted without reservations or exceptions 1 Ticketing 1.1 The object of these GTC is the use of services which SFGC provides to Ticket Buyers via the following websites such as memorialgander.ch or, in the future, other, additional Sales Channels. The agreement to these GTC is given through the use of the corresponding services. When making use of individual services, the Ticket Buyer may be asked SFGC to confirm his agreement to the GTC by clicking a corresponding confirmation box. 1.2 SFGC complies with their legal obligations regarding contact tracing. 2 Services 2.1 SFGC’s conditions, which can be accessed via the Sales Channels, apply to all services. SFGC can change the range of services offered at any time or stop providing services. 2.2 When purchasing a ticket, a contract for attendance at an Event is made solely between the Ticket Buyer and SFGC. 3 Conclusion of Contract 3.1 The overview provided at the advance Sales Channels of the tickets available is only considered to be an invitation to the Ticket Buyer to submit an offer. Ticket Buyers make their selection via the appropriate Sales Channel. The selection made is displayed in the shopping basket (Web Shop). By confirming the order, the Ticket Buyer is submitting his binding offer to purchase the selected tickets. The Ticket Buyer is obliged to provide all the information necessary for the ordering process completely and correctly. 3.2 To place an order via the Web, the Ticket Buyer must identify himself/herself in the Web, optionally also with his/her username and with his/her password (hereinafter «Access Data»; the respective user account hereinafter referred to as the «WEB Account»). The Access Data provided to the Ticket Buyer is intended to be used personally by the Ticket Buyer and is confidential. All Online Orders placed via the WEB Account will be charged to the Ticket Buyer as the Online Account holder and are binding for him. 3.3 When ordering via the Web, the Ticket Buyer will receive an order confirmation by e-mail after the order process has been completed. 3.4 The contract for the purchase of a ticket to attend the Event between the Ticket Buyer and SFGC is only concluded when the tickets are sent or, made available to the Ticket Buyer The tickets are dispatched, made accessible, handed over or released only after the receipt of the buyer’s payment by the method of payment. 3.5 SFGC is entitled to personalize tickets. For this purpose, the personal details of the authorized ticket holder can be printed on the ticket or linked electronically. Only the person named on the ticket or electronically linked to it will be granted access to the booked Event. If a buyer books tickets for several people, he or she must ensure that the personal details of everyone attending are provided fully and accurately at the entrance of the event. 4 Delivery of the Tickets 4.1 The ticket is delivered by e-mail with a an attached PDF file of the print@home ticket (QR code; hereinafter «print@home Ticket»). 4.2 The Ticket Buyer is obliged to check the Tickets immediately on receipt. In the case of personalized Tickets, it is particularly important that the Ticket Buyer checks whether the printed personal details are correct. The Ticket Buyer must notify SFGC of any damage to the ticket or deviations in the Ticket delivered electronically from the Tickets ordered within 3 working days. If the Ticket Buyer fails to do this, the delivered Tickets are considered to have been approved (Art. 201 OR). 4.3 The benefit and risk pass to the Ticket Buyer at the time of dispatch from the registered offices of SFGC (Art. 74 Para. 2 Fig. 2 OR). The Ticket Buyer is responsible for keeping the Tickets safe until the Event. The replacement of damaged or lost Tickets is excluded, subject to Fig. 4.3.3. 4.4 Electronic delivery of print@home Tickets 4.4.1 The Ticket Buyer prints out the print@home Ticket made accessible after the receipt of payment via the attached file notified with the order confirmation in unchanged size with a suitable printer on white A4-size paper. The Ticket Buyer recognizes that it is within his own sphere of responsibility and risk to have all the necessary technical facilities available that are necessary for the receipt and printing of the print@home Ticket. 4.4.2 The printed print@home Ticket must be stored carefully until the Event is attended and must not show any damage, soiling or other impairments during use, in particular in the area of the machine-readable QR code, which would make it impossible or impede verification upon admission. If the print@home Ticket is damaged, soiled or otherwise adversely affected in this way, the buyer has no claim to admission to the Event and/or to the reimbursement of the payment made by the Ticket Buyer. 4.4.3 Every ticket purchased only provides the Ticket Buyer with one access authorization. Any reproduction, copying, changing or imitation of the print@home Ticket and any electronic dissemination of the corresponding PDF file is expressly forbidden. If the print@home Ticket is lost or damaged, however, the Ticket Buyer may print out the print@home Ticket again although he is aware of the possibility of being refused entry to the Event if the circumstances according to Fig. 4.4.4 exist. The damaged print@home Ticket must be destroyed immediately. If the Ticket Buyer has already deleted the PDF file at the time of the loss or damage, he/she can print out the Ticket again from within the contact the SFGC hotline. SFGC will then send the Ticket Buyer the PDF file again. SFGC reserves the right to limit the number of repeat deliveries. The Ticket Buyer is aware that it is not possible to block the print@home Ticket. In this case too, the provision of Fig. 4.4.4 applies. 4.4.4 The SFGC can refuse access to the Event, if several printouts, reproductions, copies or imitations of a print@home Ticket are in circulation and a holder of a print-out, copy or imitation of the print@home Ticket in question has already been granted access to the Event. The SFGC is in particular not obliged to check the identity of the ticket holder with the ticket purchaser or to check the authenticity of the print@home Ticket. If a holder of a print@home Ticket is turned away from the entry check for this reason, there is no claim to reimbursement of the payment made. 5 No Onward Sale Any trade in purchased Tickets for commercial or industrial purposes is prohibited. Failure to comply can lead to the loss of the service associated with the purchased Tickets and to claims for compensation and for return of the profit against the original Ticket Buyer and those who have bought the Tickets. Persons who do not comply with these provisions may be excluded from purchasing and returning Tickets..SFGC accept any liability for Tickets sold via other platforms. Tickets that have not been validly purchased do not entitle the holder to entry to the Event, and neither does SFGC accept any claims for reimbursement or liability in this respect. 6 Prices The sales price displayed in the Web includes the ticket price of the Event, excluding any payment and shipping fees. 7 Payment When ordering online, payment is made either by debiting the credit card specified during the ordering process or by debiting the credit card, PostFinance, TWINT specified in the Online Account. The determining factor for compliance with the deadline is the date of the payment instruction. It is up to SFGC to decide what forms of payment are permitted and whether/if Tickets which are not paid for in time should be released again for sale. 8 Return, Reimbursement, Transfer and Exchange 8.1 General The SFGC is the contracting partner of the Ticket Buyer responsible for organizing attendance of the Event. The decision on the possibility, conditions and processing of a return and refund or exchange of purchased Tickets for Events is therefore made solely by the SFGC, This sole decision-making authority of the SFGC also exists in the event of force majeure (cf. Section 15 below) 8.2 Transfer of personalized Tickets to another person The SFGC alone decides whether and under what conditions personalized Tickets may be transferred to another person. If transfer is allowed, only the first buyer can ever have the Tickets transferred. 8.3 Cancellation of an Event or closure of a Business If the Event is cancelled without substitution (this also includes the cancellation or postponement of part of a series of Events or individual performances), the Tickets will be refunded on the instructions of the SFGC in accordance with Section 9. The cancellation of an Event is independent of the duration of the closure and the specific cause for the closure or the cancellation of the Event. 8.4 Special conditions if an Event is postponed or the venue is changed If SFGC decides to postpone the Event or move a venue, the Ticket is valid for the postponed date or the new venue, regardless of the reasons for the postponement. This also applies if the Event is postponed or rescheduled several times. It is up to the SFGC to decide whether Tickets can be returned, reimbursed, or exchanged. A postponement is deemed to be any change in the date and/or location of the Event, regardless of whether the Event is held on the new date with the same content, the same gymnasts, or teams or with features and criteria that differ from the original Event. 8.5 Reserved tickets Reserved tickets not previously collected will be available at the Palapenz cash desk up to an hour before the start of the competition, after which they will be put on sale again. 9 Processing of return and reimbursement 9.1 If the SFGC agrees to a return and reimbursement of the Tickets and handling of this according to this Section, the Tickets will be returned and reimbursed, and the process handled in accordance with the following provisions. 9.2 The Ticket Buyer must return the Ticket for an Event to the place where it was purchased no later than 30 days after the Event date printed on the Ticket. SFGC will reimburse the ticket price only if there is adequate insurance cover in place via the SFGC for the reimbursement of all Tickets for the cancelled performance. Service, payment method and shipping fees paid by the Ticket Buyer, as well as any other handling fees and insurance fees for ticket sales, are non-refundable. After 30 days from the date of the Event printed on the ticket, or if SFGC do not have adequate insurance cover via the organizer for the reimbursement of all Tickets for the cancelled performance, Ticket Buyers must contact the SFGC directly. The SFGC then determines the return and reimbursement process. 9.3 If the SFGC agrees to a return and refund of the Tickets and the Event has been postponed or cancelled due to force majeure (cf. Section 15 below), the Ticket Buyer may be charged an expense allowance of CHF 5 or 10% of the gross ticket price for the sale and refund of the Tickets. 9.4 The Tickets must be sent by the current ticket holder to the address provided by SFGC. If payment is made by credit card, TWINT, or PostFinance, SFGC will credit the relevant amount to the card or account used for the ticket purchase or to the bank or postal account specified by the ticket holder within four weeks of receipt of the Tickets. If payment is made in advance, the amount will be credited to the bank or postal account specified by the ticket holder. For this, SFGC requires the following information: bank/post office details (name, town), bank sort code, IBAN, account number and account holder (name, first name). 10 Obligations of the Ticket Buyer when attending the Event or visiting the Business 10.1 With the purchase of the Ticket, the Ticket Buyer accepts the safety, access, age and other implementation regulations of the respective SFGC, as well as any requirements for admission provided by the authorities (e.g., vaccination certificate, negative test result, etc.). The Ticket Buyer is responsible for compliance with these regulations and acknowledges that he/she may be excluded from the Event without compensation in the event of non-compliance with these regulations. In this case, the Ticket Buyer has no right to return the Tickets. The applicable regulations are available from the respective Event Organizer or Operator. 10.2 Where Tickets have been personalized, only the person named on the Ticket will be admitted to the Event. The security personnel are entitled to check this on the spot. The ticket holder must be able to produce proof of identity. If the name on the ticket is not the same as the name on the proof of identity document, or if the name on the ticket is illegible, admission may be refused without replacement and without any right to financial reimbursement. 11 Responsibilities of the Ticket Buyer and the User The Ticket Buyer and the User have the following responsibilities: 11.1 The Ticket Buyer and the User are responsible for the Internet connection required to use SFGC’s services. 11.2 The Ticket Buyer and the User are responsible for adhering to state-of-the-art security standards. 11.3 Login details and passwords must be kept secret. The Ticket Buyer and the User are responsible for any use of the login details and passwords and for all actions taken in connection with the use of the online account and the User Account. If an unauthorized third party nevertheless gains access, or could have gained access, to the login details, including passwords, for the online account and the User Account, the Ticket Buyer and the User must inform SFGC without delay. The SFGC disclaims any liability with regard to the use and storage of login credentials and passwords by the Buyer and / or the User or by third parties. 11.4 The Ticket Buyer and the User may only use SFGC’s services to the extent permitted by law. 11.5 The Ticket Buyer and the User must refrain from doing anything that hinders, or has the potential to hinder, the operation of the web shops, or websites. 12 SFGC’s rights If the Ticket Buyer and/or the User breach(es) these GTC, then SFGC has the right to block the services in question and/or access to the online account and/or User Account temporarily or permanently. 13 Guarantee 13.1 SFGC provides its services within the scope of its operating resources and the foreseeable requirements carefully and expertly, unless SFGC is prevented in doing so by circumstances for which it is not to blame. 13.2 The Ticket Buyer and the User are aware that SFGC uses the Internet/communication networks to provide its services. In particular, because of technical faults, operating faults, or faults or interruptions in communication networks and through the breakdown of IT infrastructures, the parts of the infrastructure used to provide the service, there may be temporary disruptions or interruptions in the provision of services by SFGC. As a result, SFGC accepts no liability for the uninterrupted availability of its services, their functionality or for them being error-free. 14 Liability 14.1 SFGC’s liability 14.1.1 In the event that it breaches its own contractual obligations under these GTC, SFGC has unlimited liability vis-à-vis the Ticket Buyer and/or the User for direct and substantiated damage caused by SFGC as a result of the latter’s unlawful intent or gross negligence. 14.1.2 Liability for minor negligence and for indirect damages or consequential damages is expressly excluded. The term «consequential damage» includes, in particular, lost profit, reputational damage and data loss due to temporary restrictions or interruptions affecting the availability of SFGC’s services, as well as due to outages affecting distribution channels, transmission errors, to Tickets, reservations and registrations for waiting lists, that were not delivered on time, for incorrect price or service information and for errors in booking confirmations. Any liability on the part of SFGC for content on websites is also excluded. To the extent permitted by law, any liability of SFGC for vicarious agents is excluded. 14.1.3 The above exclusions and limitations of SFGC’s liability do not apply in the event of the culpable death, physical injury or harm to health caused directly by SFGC or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act. 14.2 Liability of the Ticket Buyer 14.2.1 The Ticket Buyer is liable to SFGC without limitation for damages caused by unlawful intent or negligence. The Ticket Buyer indemnifies SFGC in full against all claims by third parties that may arise from a breach of duty by the Ticket Buyer or the breach of these GTC. 14.2.2 The Ticket Buyer is obliged to reimburse SFGC for any expenditure caused in connection with the unauthorized use or the misuse of the Ticket Buyer’s password. The Ticket Buyer of print@home Tickets must also compensate the SFGC for any damages incurred in connection with the unauthorized use of additional or modified printouts, reproductions, copies or imitations. 14.3 User’s liability 14.3.1 The User is liable to SFGC without limitation for damages caused by unlawful intent or negligence. The User will indemnify SFGC in full against all third-party claims that arise from the use of SFGC’s services or could arise from breaches of these GTC on the part of the User. 15 Force majeure If the Event, due to a health crisis (e.g. epidemic or pandemic, without regard to the number of waves of spread that have already occurred) or similar force majeure (i.e. an external, unforeseeable Event that cannot be averted, or cannot be averted in time, even by exercising reasonably expected care and by technically and economically reasonable means, such as natural disasters, terrorist attacks, failure of telecommunications connections, strike, official or non-official measures, etc.), is cancelled or postponed by the SFGC, the contract between the Ticket Buyer and the SFGC remains valid. In this case, the SFGC will decide on the further procedure in accordance with Section 8 above. 16 Final Provisions 16.1 The place of fulfilment for the services provided by SFGC including the delivery of Tickets is the registered office of SFGC. 16.2 The Ticket Buyer waives the right to offset claims against SFGC. 16.3 SFGC reserves the right to amend these GTC at any time. Any changes will be made accessible on SFGC’s website and will come into force at the time of posting. 16.4 If one or more provisions of these GTC are or become ineffective or unenforceable, either in full or in part, this will not affect the effectiveness or enforceability of the remaining provisions of these GTC, the purchase of the ticket or the use of the contact tracing and/or other services. In such case, the parties will replace the invalid or unfeasible provision by a provision that is valid and feasible and that comes as close as possible to the commercial purpose of the provision to be replaced. The same applies correspondingly in the event that there is an omission in these GTC. 16.5 Swiss law applies exclusively to these GTC and any disputes arising under, or in connection with, the relationship between SFGC and the Ticket Buyer, or between SFGC and the User, excluding the rules of conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). 16.6 In the event of disputes, substantive Swiss law applies. The exclusive place of jurisdiction for any disputes between SFGC and the Ticket Buyer, or between SFGC and the User, is the registered office of SFGC. Chiasso, October 31, 2022 |