General Terms and Conditions for the jungfrau.ch Online Platform

General Terms and Conditions Scope of Application

These General Terms and Conditions (GTC) regulate the contractual relationship between you as customers (a customer) and the Jungfraubahnen Management AG (JBM), for all orders made on the online booking platform. These GTC have been translated into English. In the event of a dispute, the German version is legally binding. JBM reserves the right to amend these GTC at any time without prior notification. The edition at the time of booking is applicable (application by the customer to complete a contract; see details).

JBM as agent with cash-collection mandate

The customer orders shopping basket positions at www.jungfrau.ch; JBM acts as agent with a cash-collection mandate for each of these individual positions. The contractual partner is the respective engaged / booked supplier or service provider. Only in the cases explicitly stated hereafter is this JBM itself (see JBM services hereafter).

Offers on jungfrau.ch can be combined as single elements (hotel, mountain railway ticket, equipment etc.) to form an entity tailor-made to the individual requirements of a customer’s holiday stay. JBM accepts no liability for the compilation of the shopping basket or for the coordination of individual positions with each other (timing, location etc.). JBM also accepts no liability for the correct completion of the individual services or deliveries unless JBM itself is the service provider. In this regard, the customer can only invoke the brokered contract with the direct provider (hotel, rental company etc.) and his respective Terms and Conditions. The customer is himself responsible for obtaining information on these in an appropriate manner. JBM assists the customer in this by providing useful information and cross references in the to these GTC. From JBM you will also receive the contact information on the contract partners providing the services for the shopping basket positions ordered by you. If and when the customer is made aware of such contract conditions either here or elsewhere at , this is purely for information purposes and JBM therefore accepts no liability whatsoever.

General Conditions

General Conditions for Use of jungfrau.ch

By accessing and using the Jungfrau.ch website and by association, also the use of the online platform, the customer accepts the General Conditions of Use for jungfrau.ch (GCU).

In accordance with the GCU, JBM provides neither guarantee of reliability nor unlimited availability of the website and thus can not be made liable for the effects of interruptions in booking processes or the non-transmission of messages. Particular attention has been paid to the user-friendliness of the user interface. The customer is responsible for the correct use of the website and the sales platform in particular. He accepts sole responsibility for the consequences of user errors.

Conclusion of contract, advance payments, e-mail communication

The booking platform is primarily for use in Europe (Switzerland and countries in the European Exonomix Area). Access to the platform outside these regions is not guaranteed by JBM.

The offers published by JBM do not constitute the offer of a contract.

A shopping basket order placed by a customer on the JBM platform constitutes an order to conclude a contract in accordance with the individual shopping basket positions. The customer’s order is binding for 24 hours. During this time limit, JBM is to provide a reply to the e-mail address supplied by the customer. During this period, JBM verifies, if possible immediately, the availability of the advance payment (credit card cover) and the definite availability of the positions ordered.

JBM advises the customer through a notification on the website (success page), if the order process cannot be completed as requested and terminates the entire transaction (non-acceptance). Rejection of the request always applies to the entire shopping basket even if only individual positions ordered are the reason for rejection. If payment and services are available, JBM concludes, step by step and within the scope of its agency mandate, the individual contracts between the service providers / suppliers and the customer. In doing so, JBM notifies the customer by way of an announcement on the website (success page) and an e-mail (acceptance of all shopping basket positions) followed by the definite debit of the advance payment.

JBM’s reply to the customer’s request is considered concluded as soon as the corresponding data has been transferred to the Internet from the JBM system. The time of receipt of the e-mail by the customer and the display of the success page by the customer's client is irrelevant. The customer is obligated if necessary to enquire at JBM of the whereabouts of the reply, although the current status of the order can be called up on his user account.

If a customer from a country for which a payment process is not listed orders a shopping basket from JBM, JBM is not in a position to accept the order even if the customer can bring the automatic platform to react as described above. A contract is not valid - if at all valid - until the items have been delivered or use of services at the location has been effectively concluded.

The transmission of e-mail messages via the public network is asymmetric and failure prone; the messages are unprotected and can be intercepted and altered by third parties. In addition to the contents, the sender and recipient of the e-mail can be identified by third parties. This also applies to e-mails used for communicating with JBM. JBM is authorized by the customer to send him e-mails. JBM accepts no liability whatsoever for damages caused by faulty, impaired or intercepted and scrutinized transfers of e-mails. These conditions similarly apply to other unprotected forms of communication, which are comparable in functionality and risk potential that are presently being used or may be used in the future.

Messages sent to addresses (namely e-mail addresses) provided by the customer or that have been previously used successfully in correspondence with JBM are considered to have been delivered correctly. In the case of e-mails, the valid time of delivery is the time of despatch by JBM; for postal transactions, it is assumed that correspondence sent by priority post has been delivered, also abroad, by the latest four days after deposit at a Swiss Post Office unless evidence to the contrary is provided.

Prices, conditions of payment

The price to be paid by the customer results from the total price of the shopping basket contents shown in Swiss francs (CHF). This includes, unless expressly otherwise stated, all surcharges, taxes and charges. All prices include Swiss value added tax (VAT). The total price is dependant upon the individual composition of the travel arrangement and thus can vary from the guide price (“from CHF…” and price information in foreign currency). Prices in EURO are in all cases non-binding comparisons (see ). Prices can be subject to constant changes. The customer must ensure that the shopping basket shown to him is still up to date. After submission of the order, the customer will be shown a summary of his request. The prices contained therein will be accepted unchanged by the system for 30 minutes; subsequently the customer must re-start the shopping basket transaction for his own protection.

Contracts in accordance with the individual shopping basket positions will in principle only be completed after an automatic advance payment has been made in accordance with the configuration of the online platform. JBM will not accept a customer’s application until confirmation of cover has been received. The customer and JBM each bear the respective charges applicable to them as a result of the payment process.

Delivery of vouchers / e-Tickets and rechargeable data storage media

The order confirmation is valid as a receipt for contract completion, but however, cannot be used as authorisation for the right to draw upon the services (vouchers, tickets etc.). A link on the order confirmation refers in the customer’s user account to where, depending on the system, he can download the necessary documents, transfer the data or load a data carrier. It is possible that further details, such as exact travel dates and personal details for rail tickets or weight details for ski hire, may be required before the passes that are part of a package can be printed. Authorization to use services is never actually issued. Exception are data carriers for skipasses, which depending on the circumstances may be loaded, sent or handed over (see information at Jungfrau – Ski Region).

Framework conditions

JBM has no influence on building measures, sources of emissions etc. in the vicinity of the described place of stay and can there provide no guarantee. JBM also basically has no influence on the origin of any other tourists present, on the general standard of service and quality of food in the local restaurants, on the organization and carrying out of events announced at the place of destination (unless organized by JBM) or on individual sporting options (unless specifically part of the offer).

Cancellations

Services acquired by ordering via the shopping basket cannot be cancelled or retracted. Exceptions are governed by the conditions of the individual contract agreements. JBM recommends concluding the Mobiliar cancellation insurance as offered in the order completion process. The respective customer information and General Terms and Conditions of insurance company are found in the attachment.

Package tours

JBM acts as organizer for the grouping of several services such as excursions and overnight stays or overnight stays and skipasses, providing all-in prices and complete packages. (Package tour1) The general conditions above apply to packages in their entirety. Delivery of authorization (vouchers, tickets etc.) follows separately for each individual part of the service. Hotel overnight stays integrated into a package can not be cancelled.

JBM will do everything possible to ensure that services included in the package can be provided. If JBM ascertains that a major part of a package cannot be provided (e.g. through meteorological influences), JBM will attempt to offer the customer an alternative. Failing this, the customer can demand reimbursement of his advance payment to the extent of the reduction in provided services.

The departure point for a package tour is located in all cases within Switzerland. The arrangement of all travel from outside Switzerland is the responsibility of the customer and thus not included in the services of JBM as tour operator. Customers from abroad are advised to obtain information on travel formalities for visiting Switzerland before placing an order.

Mountain rail & cableway tickets

JBM is the issuer of the mountain rail & cableway tickets. It acts as a fully authorized management and marketing company for the following railway and cableway companies cooperating under the brand of Wengernalpbahn AG, Jungfraubahn AG, Bergbahn Lauterbrunnen–Mürren AG, Firstbahn AG, Harderbahn AG. These railways and cableways belong to the Direct Traffic system in accordance with Article 16 and 17 of the Swiss Federal Law of Passenger Transport (Passenger Transport Law, SR 745.1). The issue of tickets and the full transcription of the transport contract are subject to the tariff conditions of the Swiss transport companies participating in Direct Traffic (T600 ff). The tariffs are administered and issued by , the Direct Traffic management office (a business division of public transport).

Shop

1 The term "Package Tour" is determined by the Swiss Federal Law of 18 June 1993 for package tours (SR 944.3). In accordance with Article 1 Para. 1, a package tour is defined as a pre-arranged combination of at least two of the following services, if the combination ist offered at a flat-rate price and lasts more than 24 hours or includes one overnight stay: a. transport; b. accomodation; c. other touristic services that are not ancillary services of transport or accommodation and comprise a substantial part of the total service.

JBM reserves the right to change or amend prices at any time. Prices quoted on the original server at the time of the conclusion of a contract are binding. All prices of shop articles include statutory value added tax (VAT). This will be deducted from the final invoice for deliveries outside Switzerland. These deliveries are subject to VAT and customs duties of the country of destination (recipient address).

Mailing costs: mailing costs are not included in the shop price and will be additionally invoiced. The following flat-rate charges will apply and be detailed separately on the order. Switzerland: CHF 8; neighbouring countries CHF 25; other countries: CHF 35. Mailing costs for up to 2 calendars or 6 posters are a standard price of CHF 15. Packaging costs are included in these rates.

The customer has the right to cancel the order in writing within 7 days, provided that the total cost of the items exceeds CHF 100. The cancellation period begins at the time of the customer placing the order and the deadline is met if written cancellation is handed to the Postal Services or received electronically by JBM within 7 days. The customer shall bear the costs for returning the goods and costs incurred by JBM. The customer must return the goods in the original packaging without delay. Right of cancellation expires upon opening the original packaging (breaking the seal).

The customer must thoroughly check the goods received. If the goods are delivered damaged or incomplete, the customer must provide confirmation from the carrier. Notice of defects must be provided to JBM within 10 days. The damaged goods must be returned to JBM unused, in their unchanged state and in the original packaging. An equivalent replacement will usually be delivered. Should JBM be unable to do this, the customer is entitled to reimbursement of the purchase price.

JBM will endeavour to execute the order within 3 days. The delivery period is ultimately dependent upon the carrier. The following delivery periods are to be expected: Switzerland: 3 working days; neighbouring countries: 5-8 working days; other countries: 10-15 working days. Any compensation claims for delayed delivery are excluded.

Special provisions

Liability

Subject to other statutory regulations, the following shall apply if by way of exception the right or possibility of cancellation, withdrawal or return of goods is claimed,or it is not possible to fulfil the services: payments made by the customer will be reimbursed. Any further claims by the customer, expecially with the regard to compensation claims for consequential damages and loss of profit are excluded.

Compensation for the inadequate fulfilment of a package tour (package) is limited to twice the package price, providing that this is permitted by law.

JBM bears no liability for damages in connection with excursions or events that the customer books himself “on the spot” during the tour. This also applies if the corresponding documentation is described or displayed in a facility which is associated with JBM or which is described on the website.

Complaints

Should the customer have reason to lodge a complaint during the tour, he must immediately notify JBM or the service provider. In addition, the customer must take all reasonable steps to remedy the disruption and to limit any possible damage. A customer’s guarantee claim expires in all cases after one year from the agreed end of the package tour or the time a service was provided. Guarantee claims are not transferrable.

Applicable law and place of jurisdiction

The contractual relationship between the Jungfraubahnen Management AG and its contracting entities, including the question of its realization and the validity of the contract is subject exclusively to Swiss law. The head office of the respective service provider or Jungfraubahnen Management AG is decisive in determining the place of jurisdiction. Application of the “Vienna Sales Convention” (United Nations Convention on Contracts for the International Sale of Goods, CISG) is expressly excluded.

Information on individual service providers

Jungfrau-Ski Region

Several service providers form a tariff alliance under the Jungfrau – Ski Region brand including in particular the Firstbahn AG, Gondelbahn Grindelwald - Männlichen AG, Wengernalpbahn AG and the Schilthornbahn AG. All companies are individually responsible for the operation of their installations and pistes. The transport contract is completed directly between the customer and the respective transport installation operator, which is responsible for proper provision of the appropriate services. It also provides for the required technical maintenance of the installation and has the legal obligation to maintain safety (piste and avalanche service). Liability issues, in particular concerning skiing accidents, are accordingly dealt with by the company on whose terrain or installation the incident occurred. Jungfrau – Ski Region has issued tariff conditions which form an integral part of the contract for the purchase of each Sportpass. The complete text is held at Sportpass sales points and can be inspected there on request. The most important conditions applicable to Sportpasses, especially those available through www.jungfrau.ch, are provided below:

All Sportpasses are personal and non-transferable. As a basic rule, all Sportpasses are issued as a KeyCard (with deposit fee) or on Swatch Access presented at the time of Sportpass purchase. Use of Sportpasses beyond the validity period (Sportpasses loaded via Internet) may only occur together with a corresponding e-ticket (self-printed ticket). This is to be carried and presented to ticket inspectors on request. Identification must also be carried at all times together with the e-ticket. The Sportpass area of validity is specified by the Sportpass designation printed on the data carried or on the e-Ticket, which corresponds with the Sportpass print-out or the section shown on the jungfrau.ch website. As a basic principle, lost Sportpasses cannot be replaced. A request for replacement of Sportpasses that are valid for three days or more can be made if the loss can be substantiated and a Sportpass sales receipt with the card number is presented. A notice of loss submitted to the police must also be presented for the loss of a seasonal Sportpass. A refund can only be given from the day of deposition if the skipass is deposited by 10.00 h and a doctor’s certificate supplied. No refunds can be given on ½-day or 1-day passes or on replacement passes issued for lost passes. Bad weather, interruption of operations, avalanche danger, closure of snowsport downhill runs or unforeseen departure do not constitute grounds for reimbursement or extension of Sportpasses. Improper use of a Sportpass is found to exist if it bears the name of another person, bears a photograph not corresponding to the presenter of the pass, does not correspond to the group of persons for which it is being presented, has been reported lost and/or has been electronically blocked by the transport company. Also considered as improper use is if the person presenting the Sportpass attempts to avoid its inspection or provides false details on his identity. Falsifications are Sportpasses which have been produced by an unauthorized person, amended or otherwise manipulated or show signs of erasure. Falsification is also recognized if a receipt referring to a Sportpass purchased electronically (incl. via Internet) or a Swatch with Sportpass data has been manipulated as above. Every improper use or falsification will result in the immediate confiscation of the misused or falsified Sportpass without any right to compensation. In addition to the purchase of a one-day Sportpass at the normal tariff, any person found to have misused a Sportpass or used a falsified Sportpass will also be liable to immediate payment of a surcharge of CHF 100 (misuse) or CHF 200 (falsification) in accordance with transport laws. On presentation of the payment receipt for the aforementioned charges, a valid Sportpass for the current day can be purchased at the nearest Sportpass sales point. Later or delayed payment of the charges owed may result in further charges. All rights are reserved to initiate legal proceedings against all parties involved. The holder is required to ensure the safekeeping of the Sportpass and prevent its misuse. The directives of the piste and rescue services, as well as FIS regulations must be observed. A Sportpass may be confiscated for reckless behaviour, in particular disregard of FIS regulations, signals, directives and barriers as well as skiing/snowboarding in forest and wildlife-protection areas or on avalanche endangered slopes. The piste and rescue services only monitor and inspect marked and open pistes. The times of the last piste inspections must be noted. The runs are closed after the last piste inspections have taken place, to allow the pistes to be mechanically prepared.

Hotels

For hotels , which can be added individually to the shopping basket, the customer completes a contract (Retail Hotel) for which JBM acts as an agent. Each hotel has its own conditions of contract, which if necessary can be consulted via the Internet or requested directly from the hotel. However, JBM requires all hotels to adhere to the following standard cancellation conditions for the customer. These are valid subject to other (subsequent) mutual agreements made directly with the hotel. The following conditions are applicable in particular where the hotel cancellation is arranged via the JBM Help Desk. The general conditions for cancellation are as follows: If a cancellation is made 10 days before arrival, an administration charge of CHF 80 will be retained and the remainder of the advance payment for the hotel reimbursed. No reimbursement will be made for cancellations made within 10 days of arrival or for a no-show.

The prices for Retail Hotels are determined by the establishment itself without the involvement of JBM. Local taxes and charges are included in each case. The hotel is obligated to accept the JBM voucher as confirmation of the full receipt of the advance payment. Extras such as mininbar, room service, parking fees etc. will be invoiced separately. The customer is advised to enquire about extras and their prices when checking in.

Retail Hotels are managed through the databank of Switzerland Travel Centre AG (STC). This is purely a technical process, which has no influence on the contractual relationship with the customer. The customer is in no way obligated to STC on booking a hotel via jungfrau.ch. Customer details are only transferred to STC to the extent that is absolutely necessary for a hotel booking.

Equipment

The client must pay the rental charge or a deposit in advance, or produce a sufficient warranty. The renter confirms having received rental equipment that is in perfect condition. If the equipment rented is returned after 10 a.m., a whole day’s rent will be due. The minimum rental period is one day. The rental company will cover normal wear and tear of the equipment. The renter is liable for damage ensuing from careless use of the rental equipment. The rental charge includes loss and theft insurance. In the case of loss or theft a police report is required. The rental skis are equipped with tested security bindings. The renter accepts that even with individually adjusted bindings, not every risk of accident can be excluded. The bindings are carefully adjusted according to the renter’s specific needs.

Explanation of categories

Kid – according to age (to age 6)
Junior - according to age (age 7 – 12)
Economy – older material, limited choice, more suitable for beginners
Premium – season’s latest material, wide selection, for average to very good skiers/snowboarders

Ski and snowboard schools

In offering supervision and instruction by ski and snowboarding schools, JBM works exclusively with members of the Swiss Snowsports Association (Swiss Ski and Snowboard Schools). Publication of offers from the schools in Grindelwald is in preparation. Expansion to schools in Mürren and Wengen is planned.

Event tickets

The issue of event tickets is currently limited to packages for which JBM is responsible as organizer.

Cancellation costs insurance - Intermediary information

Cancellation costs insurance protects you from the financial consequences of an involuntary abandonment of the booked arrangement for a holiday.

Intermediary information
Information to customers of Swiss Mobiliar in accordance with the requirements of the supervisory authorities Good service, competent and knowledgeable advice – this is what Swiss Mobiliar guarantees on the basis of its contractual arrangements with Jungfraubahnen, 3800 Interlaken. We work together with in the distribution of MobiTour travel insurance and are responsible for the training of the sales personnel involved. Swiss Mobiliar Insurance Company Ltd., Bundesgasse 35, 3001 Berne as the insurer/risk bearer assumes responsibility for any errors, negligence or false information on the part of the sales agent in connection with the conclusion of a MobiTour travel insurance policy. In connection with the viewing and processing of data – also in the case of claims – the insurer mentioned undertakes to apply all the necessary measures to ensure adherence to the relevant legal data protection regulations. Data are treated with strict confidentiality. Personal data are, as a rule, stored in electronic and/or paper form.
Customer Information

What you should know about your MobiTour travel insurance:
You have opted for a product of Swiss Mobiliar, the oldest private insurance company in Switzerland. We would like to thank you for your trust and provide you with comprehen- sive information on the main points of the insurance before you take out a MobiTour travel insurance policy. The following information is intended to give you the neces- sary overview and provide answers to frequently asked questions. It contains simplified explanations and does not replace the General Terms and Conditions, included in this document.

1. Who are we?
The carriers of your MobiTour travel insurance are: Swiss Mobiliar Insurance Company Ltd. (Schweizerische Mobiliar Versicherungsgesellschaft AG), hereinafter referred to as “Swiss Mobiliar”, a Swiss Mobiliar Group company. It is structured as a cooperative association and is headquartered at Bundesgasse 35, 3001 Berne. Mobi24 Call-Service-Center Ltd. (hereinafter referred to as “Mobi24”), a Swiss Mobiliar Group company. It is located at Bundesgasse 35, 3001 Berne.

2. What scope of cover does MobiTour travel insurance provide?
Cancellation costs If you are not able to take a trip or have to abandon it be- cause of a serious illness, major pregnancy complications, serious injury or death, the cancellation insurance will as- sume contractually owed costs up to the arranged sum insured.

3. What are your most important obligations?
If an insured event occurs, you must report this to us im- mediately. We depend on your cooperation in order to pro- vide you with the best-possible support in such a case. We need, for example, clear information on the course of events in connection with a claim, as well as the circum- stances, causes and the amount of loss or damage. We also need associated police reports and/or other evidence, receipts and documentation. Your other obligations are set out in the General Terms and Conditions and the Federal Law on Insurance Contracts.

4. What benefits apply in the case of a claim?
The benefits to be provided by Swiss Mobiliar in the case of a claim are defined in the General Terms and Conditions and the applicable laws.

5. What premiums are owed?
The amount of the premiums depends on the insurance cov- er selected. The premium includes the legal surcharge for Federal stamp duty (5%).

6. What applies with regard to data protection?
Swiss Mobiliar adheres to Swiss data protection law in con- nection with the processing of personal data. Data resulting from the insurance relationship or from the settling of a claim are processed by Swiss Mobiliar and used in particular to determine premiums, assess risks and handle claims, as well as for marketing purposes and to cultivate and docu- ment current and future client relationship. Such data may be stored physically or electronically. Data no longer required is deleted insofar as this is legally permitted. If required for contractual processing or claims settlement, Swiss Mobiliar may pass on data to third parties in Switzer- land or abroad that participate in the insurance, in particular co-insurers and reinsurers, and/or to such companies of the Swiss Mobiliar Group that are involved in the conducting of the insurance relationship. Swiss Mobiliar may pass on information to co-insurers or subsequent insurers, and obtain relevant information on claims experience to date from previous insurers or other third parties, in particular for the purpose of risk assessment and the determination of premiums. This may also involve sensitive personal data and personal profiles. The above also applies if the insurance contract is not concluded.

Cancellation costs insurance - General terms

MobiTour travel insurance
Edition JBM 01.2011
A General information

In accordance with supervisory regulations, information provided by the customer to the agent is considered part of this certificate.
The insurance cover is provided in accordance with the cancellation insurance module which you selected.
The insurance carrier for MobiTour travel insurance is Swiss Mobiliar Insurance Company Ltd. with its registered office in Berne.

B Cancellation costs
B1 Insured risks
The insured person or their travelling companions who booked at the same time

1.1 becomes seriously ill, suffers severe pregnancy com- plications, is seriously injured in an accident or dies;
1.2 is prevented from travelling or forced to return home because a person who is closely related or the person deputising for them at work becomes seriously ill, suffers severe pregnancy complications, is seriously in- jured in an accident or dies, or due to serious damage to the building in which they live or the contents there- of; and if, as a result of the above, the presence of the insured person or their travelling companion is required at home or at work;
1.3 is prevented from continuing with the journey as a result of the cancellation of public transport, whereby delays or diversions shall not apply;
1.4 is prevented from taking the trip by a strike or civil un- rest of any kind (acts of violence against persons or property during riotous assemblies, riots, commotions, etc.) outside Switzerland or the Principality of Liechten- stein or by a quarantine, epidemic or natural occurrenc- es if the insured person’s life is endangered or if an official Swiss government office (Federal Department of Foreign Affairs (FDFA) or Federal Office of Public Health (FOPH)) has issued a warning against travelling to the country/region concerned;
1.5 is unable to travel as a result of the termination of their contract of employment by their employer after the trip had already been booked.

B2 Insured benefits
The insured benefits are limited to the cost of the travel arrangements and to the agreed sum insured. The following benefits will be provided for each insured event:

2.1 Prior to commencement of the journey
The actually incurred, contractually owed cancellation costs.
2.2 If commencement of the journey is delayed
a Reimbursement of the costs incurred for unused ac- commodation or the actually incurred, contractually owed cancellation costs;
b any additional travel costs incurred.
2.3 If the journey is interrupted
Reimbursement of the costs incurred for unused accommodation or the actually incurred, contractually owed cancellation costs.
2.4 If the journey is prematurely terminated
Reimbursement of the costs incurred for unused accommodation.
2.5 The customary charges made by the tour operator or office for cancellations and tickets for events booked as part of the travel arrangements will be refunded.

B3 Restrictions

3.1 If an insured person suffers from a chronic illness which did not make the undertaking of the journey appear doubtful when the insurance was taken out, we will pay the insured expenses incurred if the journey has to be cancelled due to serious and acute aggravation of the illness. This shall also apply if the insured person in a situation of this kind dies unex- pectedly as a result of a chronic illness.
3.2 If the insured persons becomes psychologically ill, insured benefits are only paid if a psychiatrist’s cer- tificate is submitted in which a serious psychological disease is diagnosed/confirmed.
3.3 If pregnancy complications arise, insurance cover is provided only if the pregnancy set in after the jour- ney had been booked and/or if the journey requires inoculation that could be dangerous for the unborn child or the mother.

B4 Not covered by the insurance

4.1 Losses incurred if the set minimum check-in times are not complied with and the trip therefore cannot be undertaken or continued.
4.2 Claims if the travel provider fails to carry out the trip concerned.
4.3 Airport taxes and similar fees if these must be reimbursed by a third party.
4.4 Costs in connection with basic training, secondary or additional training courses or retraining aimed at attaining, refreshing or expanding professional knowledge and skills.

C Common provisions
C1 Insured persons
The insurance covers all persons who have booked a journey, on the online booking platform jungfrau.ch, and who concluded a cancellation costs insurance.

C2 Geographical scope
Cancellation costs insurance (section B) is valid for journeys worldwide.

C3 Claims against third parties
If we have provided benefits under this policy for which claims can also be made against third parties, the insured persons must assign these claims to us up to the amount of the benefits provided.

C4 General restrictions

4.1 In the event of requisition by military or other authorities, warlike events, violations of neutrality, revolution or rebellion and the measures taken against them, and also in the event of earthquakes, volcanic eruptions or changes in the atomic nuclear structure, we shall be liable only if the insured person can prove that the loss or damage is completely unrelated to these events.Should the insured person be taken by surprise by one of these events outside Switzerland or the Princi- pality of Liechtenstein, we shall only provide benefits for the 14 days after the initial occurrence of the event in question.
4.2 In the event of civil unrest (acts of violence against persons or property during riotous assemblies, riots, commotions, etc.) and the measures taken against them, we shall be liable only if the insured person can explain satisfactorily that all appropriate precautions were taken to prevent the damage.
4.3 If the insured event affects not the insured person but their travelling companion who booked at the same time, the relevant benefits shall apply only if the in- sured person would have to commence or continue the journey alone.

C5 General exclusions
The insurance shall not cover events

5.1 which occur during participation in races, rallies or similar competitions, or when driving on race tracks, training grounds, circuits or during off-road competi- tions of any kind. On the other hand, damage occurring during travel not involving racing and not against the clock, such as training and events exclusively for safety education purposes, are covered by the insur- ance;
5.2 which occur during participation in competitions or training sessions in connection with professional sport and generally in connection with sports involv- ing constant bodily contact and the aim of hurting the opponent (e.g. boxing, wrestling, kickboxing etc.);
5.3 which occur whilst intentionally committing crimes and misdemeanours, or during the attempt to commit such offences, and while taking part in fights;

5.4 which occur in conjunction with extreme drunken- ness (blood alcohol level of 2.0 milligrams or above) or the misuse of medication, drugs or other chemi- cals;
5.5 which have already occurred at the time of conclud- ing the contract or booking the travel arrangement, or which was foreseeable for the insured person;
5.6 in connection with audacious actions or activities by which the insured person knowingly exposes himself or herself to a specific danger, e.g. diving to a depth of over 40 metres, canyoning, bungee jumping, paragliding, as well as climbing, mountaineering and mountain tours above an altitude of 5000 metres, and participation in expeditions;
Additional exclusions are listed under section B.

C6 Definitions

6.1 Journey: For the purposes of this contract, “journey” shall mean any travel undertaken by the insured persons – irrespective of the purpose – outside of their place of resi- dence and the surrounding areas, including stays of up to 12 months for language learning purposes.
6.2 Travelling companions who booked at the same time: Two or more persons have booked a journey together or have already commenced such a journey.
6.3 Person closely related to the insured person: Spouse, cohabiting partners, parents, parents-in-law, parents of cohabiting partner, grandparents, children and siblings.
6.4 Natural occurrences: Flood, inundation, storm (winds of at least 75 km/h), hail, avalanche, snow pressure, rockfall, landslide.
6.5 Professional sport: Professional sport is the practicing of sport for the pur- pose of material gain. Material gain is understood to mean all forms of compensation in excess of the covering of expenses.

D Rights and obligations under the contract
Commencement and duration of the contract
The cancellation costs insurance cover begins on the date of the definitive booking and ends on the last day of the booked journey.

E Obligations in the event of a claim
E1 General

1.1 In the event of a claim, you are obliged to notify the sup- pliers and us immediately, Swiss Mobiliar, Spielhölzli 1, CH-3800 Interlaken (phone +41 (0)33 828 62 84, fax +41 (0)33 828 62 83) or to Swiss Mobiliar Insurance Company Ltd., Bundesgasse 35, 3001 Berne.
1.2 The insured person or claimant is obliged to provide all information and documentation necessary for the assessment of a claim without being requested to do so, such as medical certificates incl. diagnosis, official death certificates, police reports, original invoices etc. In the event of illness or accident, the physicians pro- viding treatment must be released from their profes- sional confidentiality obligation.
1.3 If notification or conduct obligations are violated with fault, we may reduce or refuse benefits.

This restriction does not apply if, in the light of the circumstances, it is judged that the injury was not caused by negligence or the loss would have been sustained even if the obligation had been fulfilled.

E2 Cancellation costs

2.1 Evidence of serious illness, substantial pregnancy complications and serious injuries must be provided in the form of a medical certificate.
2.2 Evidence of psychological illness must be provided in the form of a psychiatrist’s certificate.

F Legal provisions
F1 Place of jurisdiction for legal disputes
You, the insured persons or the claimants may, in the event of any legal dispute over claims under this insurance contract, file suit at your respective places of residence in Switzerland or at the domicile of Swiss Mobiliar Insurance Company Ltd. in Berne against Swiss Mobiliar Insurance Company Ltd.

F2 Applicable law
Swiss Law is applicable in the case of disputes arising from this contract.

F3 Supplementary legal provisions The provisions of the Swiss Federal Law on Insurance Contracts (VVG) and the Liechtenstein Law on Insurance Con- tracts (VersVG) shall also apply. In the event of any conflict between the provisions of the aforementioned legislation and the General Terms and Conditions of Insurance set out here, the applicable statutory provisions shall prevail.

1 Decisive for the term “Package Tour” is the Federal Law on Package Tours dating from 18 June 1993 (SR 944.3). According to Article 1 Para. 1, a Package Tour comprises a prearranged combination of at least two of the following services when this combination is offered at a flat-rate price and lasts longer than 24 hours or includes one overnight stay: a. transportation; b. accommodation; c. other touristic services, which are not supplementary to transportation or accommodation and comprise a significant part of the total service.