1. Scope and contracting parties
1.1. The following General Terms and Conditions (‘GTC’) govern the conclusion, content and handling of agreements between the Swiss Museum Pass Foundation, Heinrichstrasse 177, 8005 Zürich, Switzerland (‘SMPF’) and its customers in relation to the sale of services (in particular, purchase agreements for museum passes).
1.2. If the purchase agreement is entered into on the website operated by the SMPF museumspass.ch (‘SMPF Website’), the customer can directly consult and/or store the GTC on the website. If the purchase agreement is concluded elsewhere (in particular, purchase of museum passes at railway stations, museums, tourism offices, Swiss post offices etc., ‘SMPF Partner’), the GTC are kept by the SMPF Partner in question and can be consulted directly at the site.
1.3. Differing contractual terms, including those declared applicable by the customer when the agreement is accepted, will only be valid if and insofar that they have been explicitly accepted in writing by the SMPF.
1.4. The GTC are only valid in the version in force when they are accepted. SMPF reserves the right to amend these GTC at any time.
2. Customer service
If the customer has any questions, wishes or complaints he/she can contact the SMPF at any time (postal address: Swiss Museum Pass, Heinrichstrasse 177, CH – 8005 Zürich, telephone: +41 44 271 4141; via email: firstname.lastname@example.org).
3. Conclusion of agreement
3.1. Conclusion of agreement on the SMPF Website
A museum pass can be ordered on the SMPF Website by using the input mask provided. The input mask is merely an invitation to the customer to make an offer to enter into a purchase agreement.
A binding offer by the customer arises when the customer has inputted all the information required for the implementation of the agreement into the input mask, confirms that he/she has taken note of these GTC and clicks on the button ‘Order’. Before placing an order the customer is always afforded the opportunity of typing in and changing the details of the order.
Once the customer has placed the order he/she will receive an automatic order confirmation, reproducing the content of the order placed by the customer. This automatic order confirmation does not constitute acceptance of the offer, but merely records the fact that the order has been received by the SMPF.
SSMP reserves the right to decide whether to accept the order. The SMPF is not obliged to enter into an agreement based on an order. In particular, an order may be cancelled or rejected if there has been a violation of these GTC or if the SMPF believes that such a violation has taken place. This may be the case, for example, if a customer failed to pay after placing a previous order. The customer will always be informed via email about cancellations and rejections.
The agreement will only come into force when the SMPF expressly declares its acceptance thereof. Acceptance is effected by the SMPF by sending an order or dispatch confirmation to the customer using the email address provided.
3.2. Conclusion of agreement elsewhere other than on the SMPF Website
If the museum pass is purchased elsewhere other than on the website and on site of the SSMP partners, the agreement between the SMPF and the customer will be deemed to have been immediately concluded (‘contract concluded in the parties’ presence’).
4.1 All prices for museum passes (on the SMPF Website and at physical points of sale) include statutory value-added tax at the rate in force at any given time.
4.2. Price fluctuations are possible. The definitive price is the price indicated by the SMPF when the order is placed or the purchase takes place.
5. Dispatch and delivery for online purchases
5.1. The SSMP will inform the customer about any delivery charges and any other charges in the order form before the order is placed.
5.2. Unless otherwise agreed, delivery will take place using the delivery address provided by the customer. The SMPF will inform the customer about the delivery times either during the order process or in the order and dispatch confirmation. Unless otherwise indicated, the delivery time for standard deliveries is between two and five working days following receipt of the order or dispatch confirmation.
5.3. After receiving the order or dispatch confirmation the customer is obliged to accept delivery. At this point cancellations will no longer be accepted.
5.4. If the customer does not receive a delivery item despite receiving the order or dispatch confirmation, the customer must promptly contact the SMPF (see. para. 2 above).
6. Payment methods
The only payment method available to customers for orders is payment against invoice or in cash (for passes sold at physical points of sale).
The SMPF reserves the right to assign or pledge any claims asserted against the customer for outstanding payments in relation to the delivery including any instalment payments, default interest and dunning charges to third parties.
8.1. Any liability for damage, consequential damage and loss of revenue of any kind incurred by the customer when using SMPF services (esp. visits to museums and other venues) and for any third-party claims and claims for compensation is excluded.
8.2. The liability of the SMPF for slight negligence is excluded. Liability for auxiliaries is herewith fully waived.
The collection and processing of the personal data of customers by the SMPF is explained in the privacy notice. The privacy notice constitutes an integral part of these GTC. By agreeing to these GTC the customer also declares that he/she has read and understood the privacy notice.
10. Applicable law and place of jurisdiction
Agreements are exclusively governed by Swiss law. Application of the UN Sales Convention is excluded. The place of jurisdiction is Zurich.
Last amended: 2019-03-11