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GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES OF ST. MORITZ POLO AG AND PURCHASING TICKETS (hereinafter referred to as "T&Cs") 1. General St. Moritz Polo AG sells tickets for the Cartier Polo World Cup on Snow. The ticket purchaser (hereinafter referred to as "the Ticket Purchaser") can obtain tickets for the Cartier Polo World Cup on Snow by ordering direct from St. Moritz Polo AG in St Moritz by phone, e-mail or on the Internet, with the tickets subsequently being sent by post in each case.
2. Scope These T&Cs, in the version in force at the time the Ticket Purchaser makes his offer, are the only ones that govern the use of the services provided by St. Moritz Polo AG, the use of the website www.polostmoritz.com with a view to purchasing tickets, and the actual purchase of tickets by persons resident or domiciled in Switzerland or abroad.
3. Contract conclusion and delivery for online orders 3.1 General The information on the website www.polostmoritz.com does not constitute an offer within the meaning of the Swiss Code of Obligations, but rather an invitation to the Ticket Purchaser to make an offer. The Ticket Purchaser shall convey his full offer to St. Moritz Polo AG via the website www.polostmoritz.com. Per order, the Ticket Purchaser may submit an offer to purchase a maximum of 25 tickets for himself and friends or acquaintances, subject to availability. Purchased tickets may not be traded or sold on. Online orders for which payment is to be made via credit card must be placed no later than 10 working days before the tournament. Compliance with these deadlines will ensure that tickets are delivered on time.
3.2 Acceptance of online orders; delivery by post The contract for the purchase of a ticket shall come into effect only when the offer is expressly accepted by St. Moritz Polo AG. For this purpose St. Moritz Polo AG shall send the Ticket Purchaser an electronic acknowledgement. Provided payment is made to the account specified by St. Moritz Polo AG within the stated time, the ticket will be sent to the address indicated by the Ticket Purchaser in his order. The Ticket Purchaser bears the risk of postal delivery.
3.3 Erroneous deliveries of online orders Where there is a discrepancy between the tickets ordered by the Ticket Purchaser and the tickets shipped by post or by electronic means, the Ticket Purchaser is obliged to contact St. Moritz Polo AG within three working days. Otherwise, the tickets sent shall be deemed to have been accepted by the Ticket Purchaser.
4. Prices 4.1 General The prices indicated at the sales outlets or on the website www.polostmoritz.com include value-added tax.
4.2 Handling and shipping costs for telephone and online orders St. Moritz Polo AG charges a handling fee for the purchase of tickets by phone, e-mail or Internet with subsequent postal delivery that includes postage and all other expenses incurred in shipping the tickets (reservation and printing of tickets, manual quality control, processing of payments, and shipment of tickets with a chit or receipt).
5. Payment 5.1 Purchases from the office of St. Moritz Polo AG or, once the tournament has started, at the ticket marquee at Lake St Moritz Payment by cash or credit card (Eurocard/MasterCard, Visa).
5.2 Telephone or online orders Payment by the credit card (Eurocard/MasterCard, Visa) specified during the order process. Payment may not be made by remittance of cash or cheques. St. Moritz Polo AG therefore accepts no liability should any cash or cheques submitted be lost. No delivery on account.
6. Exchanges and returns 6.1 General Tickets will not be accepted for return or exchange. Tickets may be returned, however, upon an event cancellation pursuant to clause 6.3.
6.2 Postponement If the event is postponed or the venue changed, tickets remain valid for the new date or venue irrespective of the reasons for the postponement/change in venue. Tickets will not be accepted for return or exchange.
6.3 Cancellation Tickets for cancelled events must be returned to St. Moritz Polo AG by the Ticket Purchaser no later than 30 days after the event date printed on the ticket. St. Moritz Polo AG will refund the ticket price including the handling fee referred to at clause 4.2. Upon receipt of the tickets the respective amount will be credited to the bank/post office account indicated by the Ticket Purchaser. To this end St. Moritz Polo AG requires the following information: bank/post office details (name, location), bank clearing number, account number, and name and address of the account holder.
6.4 Grandstand out of use If the grandstand cannot be used due to force majeure, but the polo matches go ahead, grandstand tickets can be returned to the ticket marquee for a cash refund.
6.5 Car park out of use If the car park on the lake is inaccessible due to force majeure and therefore out of use, car park tickets can be returned to the ticket marquee for a cash refund.
7. Loss or damage 7.1 General The Ticket Purchaser is responsible for keeping the tickets in a safe place prior to the event and bears all the risks associated with loss or damage thereto. Damaged or lost tickets will not be replaced.
8. Obligations of the Ticket Purchaser when attending the event In purchasing the ticket, the Ticket Purchaser accepts all rules made by the respective promoter, in particular safety, security, admission, age and other organisational rules and the general terms and conditions. He also notes that he can be excluded from the event without compensation should he fail to comply with these rules.
9. Disclaimer of liability 9.1 Liability concerning the use of the Internet St. Moritz Polo AG endeavours to ensure that the information provided on the website www.polostmoritz.com is complete, correct and up-to-date. St. Moritz Polo AG does not warrant or represent that the information on the website www.polostmoritz.com is correct, complete, up-to-date and reliable and accepts no liability for any resulting damage or loss, unless attributable to wilful misconduct or gross negligence on the part of St. Moritz Polo AG. The Ticket Purchaser acknowledges that St. Moritz Polo AG makes no representations or warranties about the content of linked websites and accepts no liability for such content. Owing to the technical vagaries of the Internet St. Moritz Polo AG does not guarantee the constant, troublefree availability of its services over the Internet. St. Moritz Polo AG cannot rule out unlawful and unauthorised computer access or abuse of data disclosed by the Ticket Purchaser and assumes no liability for any resulting damage or loss. St. Moritz Polo AG also accepts no liability for damage to the Ticket Purchaser's computer system as a consequence of using the website www.polostmoritz.com and, in particular, shall not be liable for damage as may be caused to the Ticket Purchaser's computer system by malware, such as viruses, worms and Trojan horses. The Ticket Purchaser employs his hardware (including printers), operating software and telecommunications equipment to use the services provided by St. Moritz Polo AG at his own expense and risk. The Ticket Purchaser accepts that St. Moritz Polo AG is under no obligation to support any particular software or operating platforms or systems or to continue to offer such support in future.
10. Liability of the ticket holder The statutory liability provisions shall apply.
11. Data protection For the smooth running of its ticket selling operations St. Moritz Polo AG requires basic information such as the name, address, telephone number and e-mail address of the Ticket Purchaser and, where payment is made by credit card, the Ticket Purchaser's credit card details (the "customer data"). St. Moritz Polo AG processes customer data in accordance with Swiss data protection legislation. St. Moritz Polo AG processes, uses and stores customer data, if and to the extent that this is necessary and expedient for it to offer its services and, in particular, to run its ticket-selling operations, to safeguard the technical and operational reliability, availability and upkeep of the website, and to issue invoices and collect payments. St. Moritz Polo AG also stores the order and shipment date for internal order control purposes. St. Moritz Polo AG may appoint third parties, such as an external operator of the St. Moritz Polo AG website or a collection agency, for the processing of customer data, taking care to ensure that the data is processed by the third parties only to the extent that St. Moritz Polo AG itself would be allowed to do so. Customer data may be disclosed for the intended purpose outside of Switzerland if and to the extent that (i) the country concerned has data protection legislation equivalent to that of Switzerland and (ii) St. Moritz Polo AG makes the Ticket Purchaser aware of this beforehand. The Ticket Purchaser acknowledges and expressly agrees that St. Moritz Polo AG, within the scope of the aforementioned business operations, is entitled to use the customer data relating to him or have it processed by third parties within or outside Switzerland.
12. Amendment of the T&Cs St. Moritz Polo AG reserves the right to unilaterally adapt and amend the T&Cs at any time.
13. Use of the St. Moritz Polo AG website The entire content of the St. Moritz Polo AG website is protected by copyright and, unless otherwise stated, is the sole property of St. Moritz Polo AG. The St. Moritz Polo AG website may contain references to intellectual property rights and use rights owing to third parties, which are to be observed. The St. Moritz Polo AG website may not be reproduced (in whole or in part), redistributed, transmitted (electronically or by other means), modified, linked or used for public or commercial purposes without the prior written consent of St. Moritz Polo AG.
Court of jurisdiction: St. Moritz
St. Moritz Polo AG Via Tinus 11 7500 St. Moritz
St. Moritz, August 2008
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