Zero service, pay in full: Will your money be refunded if the cable car stops?

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For many winter sports enthusiasts in the Films Laax Falera ski region of Graubuster, Thursday brought disappointment rather than snow fun. The cable cars opened late, guests had to wait in line for hours, and most of the facilities remained closed. Strong winds that limited operations were responsible for this. Customers have still not been refunded.

The media office of the mountain railways explains to Blick: “Refunds will be made if the majority of all facilities are closed and it becomes possible to operate only facilities in the sub-sector of the region.” In their general terms and conditions (GTC), railways exclude any claims if they can only provide their services to a limited extent.

Terms and conditions must not be abusive

But what if the systems are not operational for a day or more? Looking at the general terms and conditions of the Zermatt VS, Gstaad BE or Flims Laax Falera mountain railways, it appears that the providers also make provisions for these situations. Refund requests are excluded. In short: Regardless, all risk regarding the purchase price remains with the customer.

General terms and conditions are formulated in advance unilaterally by one party. However, companies are not allowed to write under any conditions they wish. Section 8 of the Fair Trading Act protects customers from abusive terms and conditions. This situation arises when the provisions provide for a significant and unjustified disproportion between the ordinary rights and obligations of consumers.

Zero performance, cash?

According to the Consumer Protection Foundation, a contract is based on performance and price. If the customer does not receive the agreed price, he is generally entitled to a refund of the costs. Bergbahnen Engadin St. Moritz provides in its terms and conditions such a refund in the form of a voucher in case all systems are shut down, for example due to an official order. Once guests no longer have the opportunity to ski, it is no longer possible to maintain the purchase price.

This is why mountain railways are often more affordable than their terms and conditions suggest. This only makes sense because of the image. Anyone who offers nothing to the guest and takes full advantage of it is creating a lot of negative publicity for themselves. Even though the railroads know that almost no guests are likely to take legal action due to the purchase price of the ski pass.

Many mountain railways have become stricter in case of accident or illness: if a guest cannot use the day or multi-day ticket for these reasons, Gstaad, St. There is no right to a refund in St. Moritz or Zermatt. All three railways recommend that you have insurance for this. If you present a doctor’s certificate in the Arosa Lenzerheide GR ski area, you will receive a pro-rata refund.

Source :Blick