AGB
General Terms and Conditions
1. Scope, range of services and contracting parties
The
following General Terms and Conditions regulate the conclusion, content
and handling of contracts between the Katholischen Konfessionsteil des
Kantons St.Gallen, represented by the Stiftsbibliothek St.Gallen
(hereinafter referred to as the Stiftsbibliothek), and its customers
(hereinafter referred to as the Customer) in connection with the sale of
services (in particular tickets, publications and guided tours) offered
by the Stiftsbibliothek via www.stiftsbezirk.ch.
The
Stiftsbibliothek provides its services within the scope of its
operational resources and takes economically reasonable, technically
possible and reasonable measures to secure your data and services.
If certain conditions apply exclusively to certain types of services, this will be indicated separately below.
2. Exclusion clause
If the any of the Customer's terms and conditions deviate from or conflict with these Terms and Conditions, they only become part of the contract if the Stiftsbibliothek has confirmed them in writing.
3. Registration and ordering
The Customer undertakes to provide truthful information when placing an order.
By
placing an order, persons under the age of 18 or persons who are not
fully capable of acting confirm that they have the consent of their
legal representative to conclude the relevant transaction.
4. Conclusion of contract
When
purchasing tickets and guided tours, the contractual relationship
exists exclusively between the Stiftsbibliothek and the Customer.
The
Customer commissions the Stiftsbibliothek to manage the contracts.
Products are only sold to end Customers. In the case of sales in its own
name and on its own account to other customers, the Stiftsbibliothek
reserves the right to withdraw from the contract for a period of 30 days
after conclusion of the contract.
In the case of online bookings or
online purchases, the Customer submits an offer to conclude a contract
by clicking on the "Send order" field (or comparable field) and
accepting these General Terms and Conditions of Business when they
complete their order. The offer is accepted with an email notification
sent to the Customer. The booking or order is then binding and
cancellation is only possible in accordance with the conditions set out
in (7).
5. Prices and payment
5.1 Tickets
When purchasing online tickets, the Customer makes payment by credit card or with a payment option offered on the website once the contract has been concluded.
5.2 Guided tours
When
purchasing guided tours online, the Customer makes payment by credit
card or with a payment option offered on the website once the contract
has been concluded. Admission tickets are not included in the guided
tour package.
In the case of telephone bookings (only possible for
guided tours) via the Stiftsbibliothek's tour coordinators, the Customer
submits an offer to conclude a contract by providing their personal
details as well as their credit card number for the booking. The
Stiftsbibliothek accepts the offer by confirming the booking and sending
the booking confirmation by email. The booking is then binding and
cancellation is only possible in accordance with the conditions set out
in (7). The Stiftsbibliothek does not accept any responsibility for the
correctness of data that the Customer supplies by telephone.
Group
guided tours are carried out by a Stiftsbibliothek guide after booking
confirmation and payment of the invoice. The tour coordinators are
responsible for selecting the guide. The stated registration deadlines
and terms for guided tours apply.
6. Shipping and delivery
6.1 Tickets
The
tickets will be sent as an attachment to the booking confirmation email
in the form of PDF print@home tickets. The ticket entitles the holder
to enter the Stiftsbezirk's exhibitions on the day of the date printed
on it.
Each individual ticket can be printed out as often as
required, but is uniquely identified with a barcode. Only one entry is
possible per barcode.
The ticket will be checked at the ticket
inspection or at the museum ticket desk using a scanner. Without a valid
ticket, admission cannot be granted and a new ticket must be purchased
from the museum ticket desk.
No refund will be given for purchased tickets. Lost or stolen print@home tickets cannot be replaced.
When
using discounted tickets, the valid form of identification necessary
for the discount must be presented without being asked. Discounted
tickets are invalid without valid identification documents and will be
confiscated.
6.2 Guided tours
Confirmation of the guided tour is sent by email in PDF format as an attachment to the automatic confirmation. This must be brought to the booked tour.
7. Cancellations
7.1 Tickets
It is not possible to cancel tickets.
7.2 Guided tours
Group
tours may be cancelled by notifying the Stiftsbibliothek of the
cancellation in writing (by email or letter). No fee will be charged if
our tour coordinators, Turn on Javascript!,
receive the cancellation up to four working days before the booked
tour. In this case, the invoice amount attributable to the cancelled
service will be refunded. In the event of cancellation less than four
days before the booked tour, a flat fee of CHF 50.00 will be charged. In
the event of cancellation less than 48 hours before the booked tour,
50% of the tour fees will be charged. In the event of cancellation less
than 24 hours before the booked tour or if you do not attend the booked
tour, 100% of the tour fees will be charged.
The date on which the
Stiftsbibliothek's tour coordinators receive cancellation is decisive
for compliance with the deadline; the Customer must provide proof of
this.
No liability is accepted for cancellation of tours due to force
majeure or suchlike. If the Stiftsbibliothek postpones a tour by up to
45 minutes, this does not entitle the Customer a reduction of the fee.
8. Liability
Any
liability for the Customer's damages, consequential damages and lost
profits of any kind when using the services specified herein (this
includes, in particular, visiting the exhibition venues, booking and
participation in guided tours) as well as liability for third-party
claims for damages are excluded.
This limitation of liability does not apply:
a)
for damages resulting from injury to life, body or health caused by a
negligent breach of duty on the part of the Stiftsbibliothek or any
wilful or negligent breach of duty by a vicarious agent.
b) for other
damages resulting from a grossly negligent breach of duty on the part
of the Stiftsbibliothek or a wilful or grossly negligent breach of duty
by a vicarious agent.
The Customer is liable to the Stiftsbibliothek
for damages that are in any way attributable to the non-performance or
mis-performance of their contractual obligations.
9. Data protection
The Customer's personal data is processed in compliance with the legal data protection regulations applicable to the Contract. The data is collected, processed and used in automated procedures to the extent necessary for the contractual relationship. The Customer shall permit the transmission of this data to third parties commissioned with the execution of the contract, insofar as this is necessary to enable the concluded contracts to be performed.
10. Final provisions
Collateral
agreements and amendments to the contract must be made in writing in
order to be effective. This formal requirement cannot be overridden by
verbal agreements.
Should a provision of this Contact be or become
invalid in whole or in part or lose its validity at a later date, this
shall not affect the validity of the remaining provisions. In place of
the ineffective provision, another appropriately adapted regulation
shall apply that comes economically closest to what the contracting
parties wanted or would have wanted if they had recognised the
ineffectiveness of the regulation.
The Stiftsbibliothek reserves the
right to change and adapt the General Terms and Conditions as necessary,
whereby the change shall only apply to future contracts.
Swiss law
shall exclusively apply. The UN Convention on Contracts for the
International Sale of Goods (CISG) shall not apply. The place of
jurisdiction shall be St.Gallen.
St. Gallen, updated February 2019