General terms and conditions

1. In general

These General Terms and Conditions ("GTC") of ArboPark Promotion AG, Stegackerstrasse 6, 8409 Winterthur (hereinafter "ArboPark") govern the legal relationship between ArboPark and its customers. These GTC apply exclusively. Any deviating provisions require the written consent of ArboPark. This is a translation, but the German version applies in all cases!

By purchasing tickets and services (online or on site), the customer acknowledges the validity of these GTC and at the same time accepts the user regulations (https://www.arbopark.ch/en/terms_of_use).

2. Terms of use

Customers must comply with the applicable ArboPark user regulations and the instructions of the staff. The rules of use are displayed at the entrance and can be viewed on the website. Gross and/or repeated violations of the staff's instructions or of the rules of use may result in a ban from the premises. In this case, there is no entitlement to a refund of the admission price.

3. Ticket purchase

3.1 General information
A single ticket entitles the customer to stay and use all facilities and activities for two or four hours ("duration of use"), depending on the ticket category selected. Each additional hour or part thereof will be charged additionally. The duration of stay is limited to a maximum of eight hours.

A day pass entitles the customer to stay and use all facilities and activities for eight hours on the day of payment for admission.

Entrance tickets are not personal, but can be transferred.

Ticket information carriers (wristband) may not be altered, copied or manipulated. The validity of the tickets is checked electronically by ArboPark (using a chip reader)

3.2 Online ticket purchase
ArboPark enables the purchase of vouchers or tickets via an electronic booking platform. The contractual relationship comes into effect when the electronic confirmation with a QR code is sent to the customer

ArboPark accepts the presentation of the QR code on an electronic device or a printout in paper form as proof of ticket purchase. The customer is responsible for ensuring that the proof of purchase is undamaged and legible. ArboPark accepts no liability for lost, damaged or illegible proof of purchase. ArboPark reserves the right to refuse the customer entry to the facility if the proof of purchase is illegible.

The purchase of an entrance ticket via the electronic booking platform entitles the customer to enter at the time (date and time) defined during the online purchase. The period of use defined according to the selected ticket category begins at this time.

The customer has the option of postponing the time defined at the time of purchase up to one hour before the start of the period of use at the latest. Postponements must be made by telephone on 071 552 80 00. The admission price paid will not be refunded.

If no postponement is made or if the postponement is not made in good time, the period of use shall begin to run even if the customer does not show up or shows up late. The customer is not entitled to make up the unused time or to use it at another time

3.3 Ticket purchase on site
When purchasing an admission ticket on site, the period of use begins immediately after the time of purchase. It is not possible to purchase tickets on site at a later date when the period of use begins.

4. Vouchers

Gift vouchers are valid for a maximum of five years from the date of purchase. They can be redeemed in the entire ArboPark (admission, attractions, gastronomy). If the vouchers are not redeemed before the expiry date, the credit expires. Cash payment is not possible. In the event of loss or theft, the voucher will not be replaced.

5. Pricing

The current prices are displayed at the cash desk and on the homepage. The prices are in Swiss francs, including VAT. ArboPark reserves the right to adjust prices at any time.

6. Payment and means of payment

Payment is only possible by EC/credit card. The following means of payment are accepted:

• Postfinance
• VISA
• Mastercard
• TWINT

If payment by EC/credit card is not possible due to a technical fault, ArboPark reserves the right to refuse card payment in individual cases or to accept payment in cash.

7. Limited offer

ArboPark does not guarantee that all attractions can be used at all times and without restriction. It also reserves the right to limit the duration of use of individual attractions in the event of large numbers of visitors. In this case, the customer is not entitled to a refund of the admission price.

Furthermore, ArboPark expressly reserves the right to temporarily or permanently suspend the operation of the facility and the provision of services at any time. The customer shall not be entitled to a refund or reduction of the amount already paid, nor to an extension of subscriptions, as a result of the suspension of operations.

8. Limitations of liability

8.1 Use of the facilities
Use of the facilities is at your own risk and responsibility. Parents are liable for their children.

ArboPark accepts no liability for damage to property, personal injury or financial loss in connection with the operation of ArboPark, irrespective of the legal grounds. In particular, ArboPark is not liable for

• Damage caused during the use of the ArboPark facilities and equipment, namely the karting, drift park, interactive golf, Clip' n Climp or Valoclimbs;
• indirect damage and consequential damage, such as loss of profit or frustration damage;
• Damage caused by third parties (theft, damage to property, injuries inflicted by third parties when using the facility, etc.);
• Checkroom and generally the loss of items, money or other valuables.

The customer is responsible for taking out adequate insurance cover for themselves and against third parties. The customer or the legal representative shall indemnify ArboPark in the event of liability claims by other users, visitors and third parties for claims for which they are responsible in connection with entering and using the ArboPark facilities.

Mandatory statutory liability, for example for gross negligence or intent, remains reserved.

8.2 Use of the electronic booking platform
ArboPark accepts no liability for the accuracy of the information available on its website, in particular for its correctness, completeness and reliability. ArboPark is not liable for damage caused by transmission errors, technical defects, operational failures or unlawful interference with IT systems, irrespective of the location and nature of the interference. Furthermore, ArboPark is not liable for damage caused by malfunctions, interruptions (including system-related maintenance work) or overloading of IT systems. ArboPark is not liable for direct damage or indirect damage (consequential damage) that arises in connection with accessing the services or queries on the website or the electronic booking platform. The exclusion of liability also applies to damage caused by links to other websites.

9. Privacy policy

ArboPark takes all possible precautions to treat your data confidentially and securely.

ArboPark may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. The data required to fulfill the service may also be passed on to contracted service partners (logistics partners) or other third parties.

The data protection provisions of the website at
https://www.arbopark.ch/en/privacy_policy/.

10. Changes and amendments

ArboPark reserves the right to amend and supplement these GTC and the Terms of Use at any time. The version published online at the time the contract is concluded shall apply.

11. Applicable law and place of jurisdiction

The contractual relationship between ArboPark and the customer is governed exclusively by substantive Swiss law, to the exclusion of conflict-of-law rules. The place of jurisdiction is Winterthur, unless the law provides for mandatory places of jurisdiction.