Background

AlpinRes Terms of Service (TOS)

When using this page as a user or a hut warden the following terms and conditions need to be observed.

Purpose

The AlpinRes.org website enables its users to review and book alpine accommodations and board (if provided).

Approval of the Terms of Service

This website AlpinRes.org (hereinafter AlpinRes) and its services are provided by Lienert.ch Ltd., a company registered in the canton of Zurich, Switzerland (registered number: CH-020.3.023.579-8, UID CHE-105.626.472 MWST) in accordance with these terms of service (hereinafter TOS) for using.Our registered office is at Wiesliacher 85, 8503 Zurich, Switzerland.

Definitions

user = private person (male/female), company, organization, association, club or department
hut = owner of an alpine accommodation (private person, company, organization, association, club or department)

Extent

These TOS regulate the use of this website among:

  • the user and AlpinRes
  • a hut and AlpinRes
  • the user and the hut

Approval/Disapproval of the TOS

I. With the use of this website, you declare having read and understood the TOS and that you will fully accept and follow them, irrespective of registration or the use of the website through a third party.

By registering on AlpinRes, you declare to be of age. If you register a company or organisation on AlpinRes, you declare to have the right to act on its behalf and to accept the TOS in its stead.

II. By opening a hut account, the hut accepts the TOS to its full extent and declares to have the right to act on behalf of the owner of the alpine accomodations.

III. You furthermore accept that AlpinRes cannot be made liable for any modifications, interruption of availability, suspension or termination of the AlpinRes website. You agree that all future functions, contents and services made to extend the current website are subject to the TOS.

IV. If you do not accept the TOS, do not use, visit or continue to use the AlpinRes website. Any deviation from the TOS are only valid on an individual basis with the explicit consent of AlpinRes in writing.

V. AlpinRes cannot guarantee nor ensure correctness, as AlpinRes neither checks nor corrects the information given by the huts.

VI. AlpinRes only saves the user data necessary for the operation of the website and your user account in accordance with the Swiss Anti-Money Laundering Act (AMLA).

VII. AlpinRes only uses and accepts money transfers via. certified payment services (verified by Visa/Mastercard SecureCode™ ) and only through a secure internet connection (SSL). Bank and credit card information are neither saved, nor does AlpinRes have access to them.

VIII. AlpinRes will never ask you for your access data to check, refresh or update your user account through mail or any other means. Protect your access data!

IX. AlpinRes offers huts, reserving limited access only to the user information necessary for the provision of services. AlpinRes does not give, sell or trade user information to third parties.

X. You specifically allow AlpinRes to contact you for regulative, emergency/ emergency assistance, donations, promotions, surveys, system messages, system updates or identification via. SMS, e-mail or telephone.

XI. Exclusions and limitations of liability (extension of article 24 of these TOS)
AlpinRes disclaims all liability and responisibility for any accidents or damages that occur in direct or indirect connection with the usage of this website.

1. User

1.1 The user is obligated to

  • state his true identity, current address and current telephone number
  • follow the customary laws of the applicable country
  • accept the region's specific regulations regarding huts
  • accept the TOS of the specific region of the Alpsclub
  • acknowledge and follow the individual hut rules
  • follow the arrangements of the cabins' maintenance
  • respect the sanctuaries and protected areas
  • not use copyright protected materials without permission
  • not intrude on the privacy of other users

1.2 Right to lodging

1.2 a) The only people who have the right to lodging are those who reserved their huts either through AlpinRes or directly through the hut. This applies to unmanned huts (winter rooms), bivouacs and sanctuaries as well; provided that reservation is possible. Should it happen that an unmanned hut is occupied by unannounced guests, a solution must be discussed and accepted by all parties involved.

1.2 b) Should it happen as a result of locals, outside influences or stormy weather, that a party seeks an manned hut for shelter where vacancies allow, the party has no entitlement to specific sleeping arrangements. However, the warden will do his best to find a good solution for all parties involved. The warden's orders are to be followed without exception.

2. Contract/Booking/Prices/Responsibility

Whenever a hut is booked, a contract is created between the owner of the hut and the booking user. Upon completion of the contract, the hut is obligated to provide the booked services and the user obligated to pay for the booked services. The resale of booked huts is prohibited, as is the relaying of services for hut contingents on third parties. The assignment or sale of entitlement to a hut is forbidden. AlpinRes and/or the hut is allowed, should such an event occur as described above, to cancel the booking, especially if the guest gave any incorrect/falsified information during the assignment/purchase of the hut. This is including, but not limited to: personal data of the user, themself and/or those accompanying the user, the type of booking, and the payment.

The listed prices are based on the national guidelines and price lists of the alpine clubs. The prices may vary as a result of the conditions and provisions of the hut, the seasons, the occupancy rate and the weekdays. Huts have the option to: offer a discount for early booking, remove solidarity contributions for short-term cancellation and match prices (+/-) for special days. AlpinRes does not accept any responsibility for travel, accomodation or catering services.

The system decides between single and group booking. Any user can undertake group booking and will then automatically be designated as the group leader. The group leader is responsible and liable for the debt-collection, the printing and possession of all tickets, as well as cancellations and changes.

3. Cancellations and No-Show Rules

3.1 Definitions

NoShow: the guest/user does not show up at the cabin on the booked date of arrival
pre-date: a date before the date of arrival
last cancellation time: point of time (time zone of the cabin) up to which cancellation without penalty costs is possible
last booking time: point of time (time zone of the cabin) up to which booking for the same day (date of arrival) is possible
NoShow time: point of time (time zone of the cabin) by which guests must have arrived at the cabin
solidarity contribution: The cabin has the option to charge a solidarity contribution for cancellations. This percentual amount serves characteristically as a solidarity tip for the cabin/the cabin team. The cabin reserves the right to charge or dismiss this fee and decide the amount.

3.2 The AlpinRes System uses the following determined times, along with those times determined by the cabins, as cancellation and no-show regulations

Parameter/Who Time of Cancellation Costs Reimbursement / Fees
single booking
1 - 6 persons
predate /
before last cancellation time (dependant on the hut)
none entire sum
(possible solidarity contribution)
multiple booking (2 huts) and / or groups with 7 or more people two days before /
before last cancellation time (dependant on the hut)
none entire sum
(possible solidarity contribution)
multiple booking (3+ huts) three days before /
before last cancellation time (dependant on the hut)
none entire sum
(possible solidarity contribution)
NoShow rule 1 / all day of arrival/
before last booking time (dependant on the hut)
20 % of the booking 80 % (possible solidarity contribution)
NoShow rule 2 / all day of arrival /
after the last booking time (dependant on the hut)
40 % of the booking 60 % (possible solidarity contribution)
NoShow rule 3 / all day of arrival /
after NoShow time (dependant on the hut)
80 % of the booking 20 % (possible solidarity contribution)
NoShow rule 4 / all day of arrival /
gnot at all
100 % of the booking 0 % (possible solidarity contribution)

3.3 Objections/Entitlement & Deadlines

Objections against the used cancellation and no-show regulations and their fees must be submitted with supportive argument and reasons in writing within 10 days of their application to AlpinRes. The cancellation and no-show rules can only be objected by the affected user, his/her legal representative or in case of injury or death, by the relatives of the affected user. AlpinRes does make every effort to be tolerant in special and difficult cases. Clearly describe your situation to us and we will look into your possibilities. Accept however, that per case/day/user/group, only one decision will be made. Reviews of decisions will not be accepted.

4. Payment

4.1 A user has two options to book and pay for a hut:
       a) with a certified online payment service or credit card (MasterCard, VISA, PostFinance, PayPal, Paysafecard).
       b) with AlpinPay. AlpinPay is the PrePay-payment service that AlpinRes uses and it works like most other PrePay systems, in that an earlier deposit in the account is necessary. AlpinPay is not a currency, but rather a virtual account with AlpinRes. AlpinRes is a registered and verified financial intermediary and functions in accordance with the AMLA of Switzerland.

4.2 Instant booking (through the online collection system) is processed through a payment service provider, encrypted and complies with the current requirements of the banking institution. Bank and credit card information are neither saved, nor does AlpinRes have access to them.

4.3 AlpinPay is available to every user in Euro and Swiss Franc currencies. The user can charge his/her account with a prior payment in order to reserve theirselves the necessary liquidity to book beds and catering in the alpine huts. No balances may be exchanged between Euros and Swiss Francs on AlpinPay. The maximum limit of both AlpinPay currency totals rests at 3,000.00 Swiss Francs. The AlpinPay balance does not have the characteristics of a deposit and therefore does not collect interest. AlpinRes reserves the right to suspend AlpinPay accounts with suspicious transactions so that it may investigate the lawfulness of the activities until the situation has been clarified. As a financial intermediary, AlpinRes is required by law to report suspicious cases to the proper authorities.

4.4 Neither the hut nor AlpinRes can accept responsibility for the extra fees that may apply through the usage of credit cards or payment services. Therefore, the system will charge the source of these extra charges (the user) – the huts and AlpinRes appreciate your understanding in this matter.

Additional fees may apply dependant upon which deposit method is chosen,
in which case, will be added to the total bill. If the payment was executed with AlpinPay, the additional fees will be charged to the deposited amount. The fees and surcharges are clearly listed. The AlpinPay account of the user shows the deposited amount and the listed fees and surcharges. There are no reciepts or bills sent to the user through the usage of AlpinPay. Should the user be responsible for book keeping, they can use the booking confirmation and the transaction authorization of the payment service.

4.5 AlpinRes enforces the Cancellation and No-Show rules consequently and charges the applicable fees to the AlpinPay account of the user. Should the balance not be enough to cover the charges, AlpinRes can send a bill to the user or use an international debt collection agency. Should an AlpinRes account have a negative balance, it is expected of the user to balance the deficit. An AlpinPay account that has a negative balance is no longer capable of booking. All bookings made by a user are saved until the complete payment of the retail price has been received by AlpinRes.

5. Cancellation of a Booking

In case of cancellation, the costs of the hut (booking fees and commission) are the basis for the calculation of the reimbursement. The Cancellation and No-Show rules will be applied and the resulting amount will be credited to the cancelling user.

6. AlpinPay (Refunds / Identification)

An automated refund of the AlpinPay balance is currently not possible. Contact AlpinRes, so that together, the refunding process and details (repayment to your account) can be clarified. It is not possible to give cash refunds, nor is it possible to send repayment to an account that is not identical to the contracting party's AlpinPay account. AlpinRes reserves the right to require identification and/or verification of the contracting party at any time, and multiple times, especially when the full refund of an AlpinPay account is requested or if uncertainties should arise in reference to the identity of the contracting person/party.

7. User Account / Documentation Requirements

AlpinRes is required by Article 7 Paragraph 3 of the AMLA to keep documentation of the business relationship, as well as all of the transactions for at least 10 years. User accounts cannot be deleted, they may only be deactivated. The user's data, booking and transactions are therewith saved until the end of this term.

8. Mountain Guides (m/f)

pending

9. Mountain Climbing School / Outdoor Activities

pending

10. Cabins/Huts

Preamble

AlpinRes makes every effort to keep a long-term and fair business relationship with the huts. Honesty, decency, respect and fairness are the cornerstones of working together. The following items for huts are integral components of the TOS.

11. Contract

Upon the request of a hut-code, a contractual relationship is created between the cabin and AlpinRes. Doing this the hut issues an assignment order which is subject to charging and will last for an undisclosed time.

12. Mandate / Contents & Extent

  • AlpinRes manages the huts' accomodations in their stead (minimum of 40% ).
  • AlpinRes offers catering and further options in the hut's name, as long as booking is provided online.
  • AlpinRes secures the initial encashment of the bookable services.
  • AlpinRes creates (monthly) invoices for the hut.

13. AlpinRes-Button

The hut has the possibility to publish an AlpinRes-Button (booking button, clickable picture or link) on their website that leads to the booking page of the hut at AlpinRes.
The required individual HTML-Code for this action is located in the hut profile for
usage.

14. Hut Prices

The huts define their own prices for board and lodging in the AlpinRes system. The prices for overnight stays can vary dependant upon the type of accomodations, as well as the status of the hut (manned / unmanned), however all taxes and applicable fees must be included. The costs may vary depending on the extent of the board (half-board / only breakfast / without meals), options (vegetarian / gluten-free / lactose-free) may also play a relevant role (+/-).

Pricing is only relevant after adjustment. All services are to be executed to their fullest extent, this also applies to those before the actual price adjusted booking. A subsequent request to change the price is not allowed for either the hut nor the guest.

15. Calendar Week / Overnight Stay Adaptation / Early Booker Rebate / Solidarity Contribution

The hut has the possibility to mildly adjust the prices accordingly for applicable
economic reasons:

  • Season Prices = Every calendar week may be adjusted. Basis = 100% (+/- possible)
  • Sleeping Charges = The overnight stays from every Day can be adjusted. Basis = 100% (+/- possible)
  • Early Booker Rebate = A percentual rebate may be given for bookings in advance between 90 to 30 days before the arrival date.
  • Solidarity Contribution = In case of cancellation within 30 days before the contractual arrival date, a percentage may be charged.

16. Booking / Information

The hut team or representative of the hut may access the booking information (site occupancy rate / accomodations) through the AlpinRes website or through AlpinTel (voice output module via telephone). The access parameters (telephone number / user name / password) for AlpinTel can be found in the hut profile. One may also opt to have the booking information sent to them via e-mail. In every case, from the hut's side, one is obligated to collect the necessary information through the AlpinRes system in it's entirety in a timely fashion. AlpinRes does not offer information services for the huts. In cases of emergency however, we will gladly try to help.

17. Billing / Commission

On the invoice created by AlpinRes the detailed bookings (sites, accommodations, options, no show, daily turnovers) are itemized and the total amount (gross) is listed. The user fees (see article 18) and the system's commission are deducted from the total amount and the resulting paid amount (net) will be checked. The bill may be speculated against within five (5) calendar days upon receipt. After the expiration of this time period, the bill is considered definite and approved. The approved bills are then sent to the payment department. The positive end balance will then be applied to the bank account of the hut in the next pay period.

The system's commission is 2.0% (effective May 2012).

18. User Fees

AlpinRes does not charge fees for minimum turnover, minimum duration, connection/activation, or set up. There are no costs for payment services, and the information system AlpinTel is free of charge.

When in the Login-Area for the huts and all the hut's details have been given (the system shows areas that still need to be completed for the hut to be bookable) user fees will apply according to the following criteria:

  • A minimum of 40% of the hut's total available accomodations (referred to as total) must be managed by AlpinRes.
  • When AlpinRes manages 40% to 79% of the hut's total, AlpinRes will charge monthly user fees.
  • When AlpinRes manages over 80% of the hut's total, the usage of AlpinRes is free of charge for the hut (no user fees will apply).
  • The calculation of available accomodations is based on the maximum number of the hut's total year-round.
  • Seasonal reductions of the available accomodations (winter room / hut is closed) have no influence on the hut's total.

The user fee is calculated using the following formula:

hut's total + (plus) administrative difference to hut's total = (equals) monthly costs

Hut's total + administrative difference to hut's total = Nutzungsgebühr / Mt.
Example 1:
Hut's total to the system transmitted hut places (equals) monthly costs
100 80 CHF / EUR 0.00
100% 80% Gratis ab 80%
Example 2:
Hut's total to the system transmitted hut places (equals) monthly costs
100 70 CHF / EUR 130.00
100% 70% 100 + (100 - 70)
Example 3:
Hut's total to the system transmitted hut places (equals) monthly costs
68 51 CHF / EUR 85.00
100% 75% 68 + (68 - 51)

19. Yields from the No-Show Rule

Upon cancellation AlpinRes raises fees based on the No-Show Rules 1-4. These fees are considered No-Show yields. Yields from No-Show Rule 1 are to the benefit of AlpinRes. Yields from the No-Show Rules 2 and 3 are split (50%/50%) between AlpinRes and the applicable hut. Yields from No-Show Rule 4 are entirely accredited to the applicable hut. The No-Show yields are listed on the hut's monthly invoice.

20. Termination

The contractual relationship between the hut and AlpinRes can be terminated by either party in writing within a timespan of 30 days prior to the end of either June or December. Upon termination of a hut account, all hut information will be completely deleted. All saved information will be erased. Should there be a positive balance on the hut account, it will be sent during the next possible pay period (once per month) to the saved user account. Should a negative balance exist, the user will be billed for the amount.

21. Access / Password

The access information to the administrative area of the hut is extremely sensitive and should be kept secret. The hut ward or hut manager is responsible for the security of his/her password and is solely responsible for damages, losses or misuse. The hut ward or hut manager may allow limited access to hut helpers for the administrative purposes of the hut. The administration of these persons and their authorization is an obligation of the hut ward or hut manager.

22. Reviews

Introduction:
AlpinRes users can submit their reviews for the services, which in turn benefits other users as well. The intention of these reviews is for the mountain accommodations (managers/attendants), mountain guides, climbing schools and sport service providers to quickly determine their weak points and improve on them. First hand compliments can be very motivating and positive reviews can help with attracting new customers/guests. Therefore, these reviews constitute free feedback that would otherwise have to be received by an external advisor.

23. Value/Points

Each review includes points awarded, which in term provide an average grade. Icons used represent the following grades and statements:

Disappointed Unsatisfactory Satisfactory / Minimalism Good / Fulfills all expectations / The offer and services are in line with one another Very good Excellent
0 points 2 points 4 points 6 points 8 points 10 points

24. Submitted material

By submitting content (reviews, articles, comments, questions, answers, messages, photos, videos, recommendations, ideas, data, information, texts, music, films, sound material, graphics, codes or other material) to the website, by e-mail, forms, interactive fields or by other means (referred to as "Submitted material"), you hereby grant AlpinRes and its business partners, without any fees, non-exclusive, permanent, transferable, indefeasible and unlimited sublicensable rights for: (a) using, reproducing, altering, customizing, sharing, publishing, public advertising and presenting the submitted material, as well as the creation of adapted material from said material, anywhere in the world, on any currently known or yet undeveloped media for any purpose; and (b) using your name, under which the material was submitted. You agree that AlpinRes can use your submitted material at their own discretion together with your name. In addition, you continue to grant AlpinRes the right to take legal action against persons or companies that infringe your rights and the rights of AlpinRes regarding the submitted material by violating this agreement. You agree and observe that your submitted material is not confidential and protected.

25. Options

The users may edit or delete their reviews. Huts, mountain guides, mountaineering schools and outdoor service providers may comment, refute or dispute the reviews. AlpinRes will check any submitted material, refutes and disputes. Furthermore, AlpinRes may intervene, take action against improper use as well as may publish, comment, edit, reject and delete any material, and is in any case the deciding and definite authority.

26. Improper use

AlpinRes will monitor, store, block, delete and take action against submitted material if:

  • The content is false, unlawful, offensive, ambiguous, racist, fanatical, slanderous, defamatory, obscene, pornographic, discriminatory, or it defends the discrimination of another person, includes threats, violates privacy and personal rights, or is inciting, fraudulent or in any way unacceptable;
  • It represents or facilitates the instructions for the execution of unlawful actions or criminal acts, promotes or encourages these, represents the basis for civil liability, violates the rights of third parties, or in any way violates the applicable regional, national or international rights, or constitutes grounds for relevant liability;
  • It may violate copyright or patent, trademark, proprietary, trade secret or any other intellectual rights of any party;
  • It includes unsolicited promotional material, bulk e-mails, spam, junk mail, chain letters, political campaign support material, advertisements, competitions, lottery or solicitation;
  • It represents business and commercial activities, such as competitions, lotteries, barter trade, promotional material and pyramid sales, without prior written consent;
  • It includes private information by third parties, including surnames (family names), addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
  • It includes pages with limited access or password protected pages, or hidden pages or images (elements, for which there is no link to the accessible page or from such a page);
  • It includes viruses, corrupt files, or other harmful, unsafe or corrupting files;
  • It is not connected with the topic of the interactive fields, the content is focused on.

27.Website / Availability / Maintenance

AlpinRes makes every effort to maintain high availability of their website. 100% accessability cannot be guaranteed. AlpinRes does not guarantee that their services will work properly on endpoints. AlpinRes cannot be held responsible for any connection or transmission problems that may occur that are related to booking or the internet connection to the huts. AlpinRes may then not be filed suit against and is to be held harmless in such a case. AlpinRes is not responsible in any way for damages, losses of revenue, increases in work load or further complications that may occur as a result of possible system failures/unavailability. The hut confirms that, in case of a system failure, they have a tested and proven scenario at hand that is capable of otherwise securing their booking information and debt. AlpinRes reserves the right to modify, set or change, either temporarily or permanently, the functions or other aspects of the AlpinRes website. AlpinRes has the right to temporarily disable access to the website while it is under maintenance. If possible, the maintenance schedule is restricted to uncritical time frames and notification is given when possible.

28. Blocking / Deletion

AlpinRes reserves the right to block or delete the responsible/relevant user/hut account at any time and without warning should any of the TOS not be followed.

29. Limitation of Liability

In no case is AlpinRes (their societies, partners, manager, directors, contractors,
commercial partners or other partners and co-workers) to be held responsible or liable for any of your personal injuries or specific, incidental or indirect losses, compensatory damages or any other form of damages/losses incurred through loss of usage, data or income, interruption of business or other commercial damages or losses that happen as a result, without regard to whether or not you were informed of the possibility of these damages and without regard to any theoretical liability as a result of or in connection to the usage of any of AlpinRes' services or the AlpinRes website, including their contents, their possibilities and functions.

You agree to indemnify and hold AlpinRes and it's societies, partners, managers, directors, contractors, commercial partners or other partners and co-workers harmless for all claims, demands and other damages, including applicable attorny expenses that could arise through either third parties or actions of your own, such as your purchased services, your usage of the AlpinRes website, through contents that you made public, through your violation of the TOS or any rights of others regardless of whether you are a registered user or not.

Certain jurisdictions don't allow liability limitations for implied guarantees, limitations of certain damages, or exclusions of certain damages; AlpinRes' liability in these jurisdictions is limited to the extent permitted by law, and reimbursement should be limited – to the extent permissible by law – to a sum of not more than the original fees paid to AlpinRes for their services.

30. Changes to the TOS

AlpinRes reserves the right to change the TOS at it's sole and absolute discretion. The current version of the TOS replaces all previous versions. Service contracts that were created before changes in the TOS underlie the TOS that were valid at their time of arrangement. AlpinRes will attempt to inform you about changes to the TOS, but cannot be held responsible, should notification not reach you. Therefore, it is your responisibility to occasionally review the TOS for any changes that may have been made.
The current version of the TOS is accessible through the „TOS“ link of the AlpinRes website. Your continued use of the AlpinRes website after changes to the TOS have been made represents your consent to compliance with, and acceptance of your contractual duties in the modified TOS.

31. Disclaimer / Severability of the TOS

Should AlpinRes not enforce a right or regulation of the TOS, it does not mean that this right or regulation is disclaimed. Should a competent court rule a regulation in these TOS as void, invalid or unenforceable, the parties agree that the court shall translate the aforementioned regulation compliant with the agendas of the affected parties and that all other regulations of the TOS will remain valid and effective to their fullest extent.

32. Definite Version

These TOS have been translated into different languages. In case of inconsistencies, the German version is definite. AlpinRes has the right to adjust the TOS.

33. Applicable Law and Jurisdiction

The TOS and the legal relationship of you and AlpinRes are subject to Swiss law with exclusion of conflict of law and unless other binding laws apply. You and AlpinRes agree to abide the laws of the canton Zurich, Switzerland for any dispute among you and AlpinRes or its partners. AlpinRes, AlpinPay and AlpinTel are registered trademarks in the Swiss trademarks registry. Place of jurisdiction: Zurich, Switzerland. Version: January 2012.

34. Imprint

Mailing address: AlpinRes.org, Postfach 666, CH-8053 Zurich
Registered office: AlpinRes.org, c/o Lienert.ch AG, Wiesliacher 85, CH-8053 Zurich
Management and responsible for contents: Robert Lienert
Phone: +41 (0)44 381 80 86 / mail: alpinres@alpinres.org
UID CHE-105.626.472 MWST
Commercial register number # : CH-020.3.023.579-8

As a member of SRO PolyReg, the company Lienert.ch AG is entitled to performed a function of a financial intermediary, in accordance with the Article 2 paragraph 3 of the Swiss Prevention of Money Laundering Act.

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