Rules and Regulations of Hallwag Kümmerly+Frey AG Switzerland
For the business relationship between Hallwag Kümmerly+Frey AG and the buyer, here after known as client, the following conditions are valid. By using the web site, the client agrees with Hallwag Kümmerly+Frey AG general conditions. Orders are legitimate for Hallwag Kümmerly+Frey AG upon confirmation of it from the client. This set of conditions are valid from January 1, 2003.
Products are sent directly at storage, from our partner Schweizer Buchzentrum in Olten, within 3-4 working days throughout Switzerland (abroad 2-3 weeks). If products happen to be out of inventory or not available, the client will be notified directly by e-mail, with further information concerning the delivery.
Showed prices are expressed in Swiss Francs (CHF). Hallwag Kümmerly+Frey AG holds the rights to modify prices without previous notice.
4. Shipping costs
The client is responsible for costs concerning shipping & handling, insurance fees and declaration costs. Costs are shown on order and reported with the selling invoice.
Upon credit card charge, goods will be sent.
6. Data protection
Hallwag Kümmerly+Frey AG guarantees the withhold of personal information, which will not be transferred to third parties. All personal information will be kept confidential.
All information concerning the client, will be shared only with business partners in order to fulfil orders.
Extended data protection declaration of Hallwag Kümmerly+Frey AG
Credit card personal data is locked with SSL technology. Each transaction is authorized online by the correspondent Credit Card Company. On statements, Credit Card charges are cited as www.swisstravelcenter.ch. (Information: www.saferpay.com)
8. Complaints / Products returns
Complaints and products returns can be asked within 8 working days upon delivery of goods. Products shall be returned in original packaging and shape.
Defective merchandise or faulty shipments will be replaced promptly. Clients are entitled to refunds for Hallwag Kümmerly+Frey AG merchandise.
9. Legal aspects
For any legal disputes, all matters will be competence of the district courts of Berne, CH. For legal issues, please refer to the Swiss Court of Justice.
(1) Hallwag Kümmerly+Frey AG ("HKF") provides cartography, outdoor, mobility, navigation and travel offers and services on the website www.swisstravelcenter.ch ("Website"). Hallwag Kümmerly+Frey is a subsidiary of MAIRDUMONT GmbH & Co. KG.
(3) The structure, design and all content of the Website, such as theme-related contributions or maps are protected by copyright. Business or commercial use is prohibited.
§ 2 Registration
(1) Some Website offers and services, such as the HKF membership (see § 3) and the HKF Premium membership (see § 4), require registration and the creation of a user account. To be able to register, you must be at least 18 years old.
(2) Registration is done via a Single Sign On server ("SSO"). Registration requires the creation of a user account which requires entering your first and last name, a username, your e-mail address and a password; optionally, you can set a profile picture. You can also register via Facebook, Twitter or Google+. The data required for registration will then be transmitted from your respective account at Facebook, Twitter or Google+. After registering, Hallwag Kümmerly+Frey will send you an e-mail with a link to the e-mail address you provided. Clicking on the link completes the registration.
(3) You can sign up for the Hallwag Kümmerly+Frey newsletter upon registration or in your user account. You can revoke your consent to receiving the newsletter at any time in your user account or by e-mailing firstname.lastname@example.org.
(4) The information provided during registration must be truthful and complete. If the information provided during registration should change later, you are obliged to inform Hallwag Kümmerly+Frey immediately.
§ 3 HKF membership
(1) You have the option to become an HKF member. The HKF membership is free of charge and may only be used for private purposes.
(2) As an HKF member, you can create (with a limit of 5 tours), save, print and, by publishing them, share your own tours with other HKF members for the duration of your HKF membership (see § 6).
(3) You can cancel your HKF membership at any time without notice. This can be done in your user account, by e-mail to email@example.com or by mail. On behalf of Hallwag Kümmerly+Frey AG please send them to KOMPASS-Karten GmbH, Karl-Kapferer-Strasse 5, A-6020 Innsbruck.
§ 4 HFK Premium membership
(1) You have the option of becoming an HKF Premium member. The HKF Premium membership is fee-based and may only be used for private purposes. By signing up for the HKF Premium membership, you agree that you will immediately have access to the HKF Premium membership offers and services.
(2) As an HKF Premium member, you can create, save and print an unlimited number of your own tours and, by publishing them, share them with other HKF members for the duration of your membership (see § 6). As an HKF Premium member, you can also download the mobile Hallwag Kümmerly+Frey application ("HKF Outdoor") for free on your smartphone and/or your tablet computer from the respective app stores. When download the HKF Outdoor app, each app store's general terms and conditions of use are decisive. Through the HKF Outdoor app, you can access the entire map database of Hallwag Kümmerly+Frey ("Map Data") ‒ including in offline mode (see § 7). As an HKF Premium member, all hiking tours created by Hallwag Kümmerly+Frey are freely available to you. As an HKF Premium member you also have access to exclusive offers of Hallwag Kümmerly+Frey AG and its partners.
(3) The HKF membership establishes a continuing obligation between yourself and Hallwag Kümmerly+Frey. Your registration for the HKF Premium membership constitutes an offer to Hallwag Kümmerly+Frey for the conclusion of a contract. Hallwag Kümmerly+Frey is free to accept the offer. The contract for the HKF Premium membership is deemed concluded as soon as you have received an e-mail from Hallwag Kümmerly+Frey confirming your HKF Premium membership.
(4) You can decide on the term of your HKF Premium membership. The duration is one month, three months or 12 months. The term can be extended at any time. If the term was purchased via the Hallwag Kümmerly+Frey website and the HKF Premium membership is not renewed, it ends automatically. If the HKF Premium membership was acquired via the HKF Outdoor App, this is a subscription, whereby each app store's general terms and conditions of use are decisive. You can become an HKF Premium member again at any time at a later date. Hallwag Kümmerly+Frey will notify you in good time by e-mail about the upcoming end of your HKF Premium membership term so that you have the option of extending your term.
(5) As an HKF Premium member, you have the opportunity to acquire maps in digital form for ownership and permanent use. You can download and use the Map Data in the HKF Outdoor app.
(6) You have the right to terminate your HKF Premium membership for good cause with immediate effect. This can be done in your user account, by e-mail to firstname.lastname@example.org or by mail. On behalf of Hallwag Kümmerly+Frey AG please send them to KOMPASS-Karten GmbH, Karl-Kapferer-Strasse 5, A-6020 Innsbruck. In this case, Hallwag Kümmerly+Frey will refund you the membership fee (i) in full, if you have not yet used any services or (ii) pro rata, if you have already used services. For the refund, Hallwag Kümmerly+Frey will use the same method of payment that you used to pay the membership fee in the original transaction.
§ 5 Revocation
You have the right to revoke your HKF Premium membership within 14 days without stating any reasons. The cancellation period is 14 days from the contract conclusion date. To exercise your right of revocation, you must inform Hallwag Kümmerly+Frey of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by mail or e-mail). You may use the enclosed sample revocation form; however, this is not obligatory. Sending notification stating that you wish to exercise your right of revocation within the cancellation period is sufficient to meet the cancellation deadline.
LAPSE OF THE RIGHT OF REVOCATION
The revocation right expires in the case of a contract for the delivery of content not available on a physical data carrier, if the merchant has begun executing the contract after the consumer
1. expressly agrees that the merchant will commence the execution of the contract before the expiry of the revocation period, and
2. confirms that he is aware that through his agreement, he shall lose his revocation right once the contract execution has begun.
SAMPLE REVOCATION FORM (If you wish to revoke the contract, please fill out this form and send it back to us.)
On behalf of Hallwag Kümmerly+Frey AG please send it to KOMPASS-Karten GmbH, Karl-Kapferer-Strasse 5, A-6020 Innsbruck. e-mail: email@example.com
I/We (*) hereby give notice of revocation from my/our (*) contract of sale of the following goods (*)/ provision of the following service (*)
Ordered on (*)/received on (*)
Name of customer(s)
Address of customer(s)
Customer signature(s) (only required for mailed or faxed messages)
(*) Strike where inapplicable.
CONSEQUENCES OF REVOCATION
If you revoke this contract, Hallwag Kümmerly+Frey must reimburse all payments that Hallwag Kümmerly+Frey received from you without delay and no later than fourteen days from the date on which Hallwag Kümmerly+Frey received the notice of revocation of this contract. Hallwag Kümmerly+Frey will use the same method of payment that you used in the original transaction, unless otherwise expressly agreed upon; you shall not be charged any fees by Hallwag Kümmerly+Frey for this reimbursement.
§ 6 Posting content, rights of use for Hallwag Kümmerly+Frey
(1) Posting your own content on the Website through texts, photos and/or GPX files and their public distribution ("Posting Content") is only possible after previous registration (see § 2).
(2) By Posting Content you grant Hallwag Kümmerly+Frey and the companies associated with Hallwag Kümmerly+Frey free of charge and irrevocably a non-exclusive, objectively, temporally and spatially unrestricted right to use the content for any purpose and exploitation in all types of use known today and, as far as possible, unknown types of digital usage. In particular, the right to store, distribute, duplicate, publicly reproduce and make available, archive, and add to databases and search engines is covered by the right of use and exploitation. You can revoke the right of use in unknown digital types of usage. The right of revocation expires three months after Hallwag Kümmerly+Frey has notified you of the intended use of the new usage type.
(3) Hallwag Kümmerly+Frey is entitled to edit, in particular to change, shorten or supplement the Posted Content, in order to guarantee the quality of the Website and its presentation.
(4) You waive your right to copyright designation according to Section 13 S. 2 UrhG (Copyright Law). Hallwag Kümmerly+Frey will, without being obliged to do so, endeavor to ensure proper copyright designation.
(5) The rights of use granted by you to Hallwag Kümmerly+Frey expire if you remove from the Website all or part of the content you have posted. This does not apply to Posted Content that has already been used elsewhere before its removal or to which Hallwag Kümmerly+Frey has no direct access.
(6) You guarantee that you are the owner of all rights to the Posted Content, that you are not breaching any third-party rights, and that you shall not violate legal regulations and common decency. In the event of a culpable breach, you indemnify Hallwag Kümmerly+Frey from all claims of third parties. Hallwag Kümmerly+Frey is entitled to permanently exclude you from Posting Content if this is violated. This decision will be made by Hallwag Kümmerly+Frey at its discretion.
§ 7 Rights of use, HKF membership and HKF Premium membership
Map Data is the property of Hallwag Kümmerly+Frey, or the licensors of Hallwag Kümmerly+Frey. For the duration of the HKF membership or the HKF Premium membership, you are granted a temporary, non-exclusive and non-transferable right to use the Map Data for personal use. You may not modify, edit, exploit, duplicate, transfer to third parties, make available to the public or otherwise distribute the Map Data.
§ 8 Liability of Hallwag Kümmerly+Frey
(1) No guarantee is given for the constant accessibility and availability of the SSO.
(2) Hallwag Kümmerly+Frey is responsible for the content of the Website according to the provisions of general law. The content published on the Website has been compiled with the utmost care and Hallwag Kümmerly+Frey endeavors to perform ongoing reviews. Nevertheless, no guarantee can be given for the constant accessibility, availability, correctness, completeness, timeliness, usability and appropriateness of the content, offers and services.
(3) It is not possible nor reasonable for Hallwag Kümmerly+Frey to review and continuously monitor all content posted by users. Please notify us immediately if you notice any content that appears to be of concern to you. As soon as Hallwag Kümmerly+Frey becomes aware of a possible violation of legal provisions, infringement of third-party rights or common decency, the content posted will be partially or completely deleted.
(4) Hallwag Kümmerly+Frey is liable for intent and gross negligence, regardless of the legal grounds. Liability is only given for slight negligence in the case of a breach of a material contractual obligation (cardinal obligation). A material contractual obligation is a duty whereby its fulfillment is fundamental to enabling a proper implementation of the contract and on which the customer relies and may normally rely upon. In this case, Hallwag Kümmerly+Frey's liability is limited to the contractually typical, foreseeable damage. The above limitations of liability do not apply to damages from injury to life, limb, health or pursuant to product liability law. The above applies accordingly for legal representatives and vicarious agents.
§ 9 Use, liability
(1) When registering and using the Website, you undertake to observe the legal provisions, rights of third parties and common decency. Hallwag Kümmerly+Frey is entitled to exclude you from use and delete your data if you violate this. This decision will be made by Hallwag Kümmerly+Frey at its discretion.
(2) In the event of a culpable violation of the provisions in para. 1, you indemnify Hallwag Kümmerly+Frey from all claims of third parties.
§ 10 Data protection
§ 11 Links
(1) The Website contains links to websites of third parties on whose contents Hallwag Kümmerly+Frey has no influence. Hallwag Kümmerly+Frey does not make this content its own in any way and assumes no liability for it. The provider of the respective websites is exclusively responsible for the content of the linked websites. Hallwag Kümmerly+Frey has checked the links to the best of its knowledge and conscience. Illegal content of the linked pages was not detected at the time of linking. Hallwag Kümmerly+Frey has no influence on the future design and content of the linked pages. It is not possible nor reasonable for Hallwag Kümmerly+Frey to continuously monitor the linked pages. Please inform us immediately if the links on our Website direct you to websites whose content appears questionable to you. As soon as Hallwag Kümmerly+Frey is aware of unlawful content on linked websites, such links shall be immediately removed.
(2) Hallwag Kümmerly+Frey – revocable at any time – agrees to you publishing links to the Website. However, this should not give the impression of a business relationship. It must be clear to the viewer that the content belongs to Hallwag Kümmerly+Frey.
§ 12 Final provisions
(4) The place of jurisdiction is ‒ to the extent permissible by law ‒ Berne in Switzerland.
§ 13 Contact details
2. Liability and correctness of contents
The contents of this website may contain information on dangerous activities. Hallwag Kümmerly+Frei AG expressly rejects any liability directly or indirectly connected with the data or any details published on the website, as well as any missing information. You use this website solely at your own risk. Hallwag Kümmerly+Frey AG is, without exception, not responsible for damage to persons, animals or equipment resulting from use of this website. Furthermore, we expressly point out that the contents and data of the pages at swisstravelcenter.ch may be incorrect or incomplete. You shall assume complete responsibility for your use of the data and contents. It can also not be excluded that the local conditions (trails, glaciers, streams, etc.) of the places described have changed, and that these have not been added to the website. The current local conditions always take priority when assessing a situation. However, certain stretches may be subject to a general traffic ban, or there may be a private reason why access is not permitted. Hallwag Kümmerly+Frey AG accepts no liability for any infringements of these or similar laws. In the event of a traffic ban, we recommend that cyclists push their bikes.
3. Compensation protection
You agree not to approach Hallwag Kümmerly+Frey AG, the owners of Hallwag Kümmerly+Frey AG, employees, freelance agents, license givers and suppliers with possible demands for compensation and claims of any type at any time, or for any reason.
4. Consequential damages
Hallwag Kümmerly+Frey AG shall accept no claim of any sort for damages resulting from the direct or indirect use of the website or the information contained therein. Hallwag Kümmerly+Frey AG shall endeavour to maintain the availability of the website at a high level and to keep it free from any viruses, worms, trojan horses or any other code with harmful characteristics. Hallwag Kümmerly+Frey AG assumes no liability for any consequential damages resulting from the non-availability of the website or from the infection of their website by the swisstravelcenter.ch website.
5. GPS is an additional tool
Under no circumstances should you rely solely on the information and data documented on these pages. A GPS device in no way replaces the equipment you have used beforehand, but rather serves as a sensible addition to your present equipment. A GPS device is an excellent navigation tool, but it does not replace careful orientation or know-how. The global positioning system (GPS) is run by the US government, and can be affected without advance notice, or shut down completely.
6. All rights reserved
Regardless of the purpose, the contents and data or extracts thereof – apart from within the scope mentioned herein – may not be reproduced, changed, copied, transferred, circulated, uploaded onto another computer or stored on any storage medium without the express prior written agreement of Hallwag Kümmerly+Frey AG. Hallwag Kümmerly+Frei AG hereby grants you the right to make and save a single copy of the data received or a part of the content of the received data for your own direct use and purpose. When saving the data, you alone shall be directly responsible for the security of said data. It is expressly forbidden to make more than one copy or to send the data by e-mail or to make it available to third-parties in any other manner. Hallwag Kümmerly+Frey AG would like to remind you that information about the purchaser is stored in all data material and can be identified at any time. To prevent misuse, the maximum purchase limit is 21 trips per day and 186 trips per year (which should be sufficient for every use). You undertake not to copy the design elements, the "look and feel" or the layout of the website. These elements are legally protected. It is also forbidden to download data from the pages at www.swisstravelcenter.ch using automated scripts.
Hallwag Kümmerly+Frey AG shall endeavour to maintain all data and execute all transactions as safely as possible. Nevertheless, third-parties may still gain unlawful access to confidential data. If you notice any such irregularities, please report them to us immediately. No liability shall be accepted by Hallwag Kümmerly+Frey AG.
8. Handling of confidential data
The present document indicates how and for what purpose Hallwag Kümmerly+Frey AG collects and processes client-specific data. As a client-oriented provider, we make every effort to ensure that the data saved on our systems is protected from misuse.
Processing of client data
When you visit our website, we save different types of information. When registering, you need to provide personal data and service-specific settings so that you can use our services. You can check or change this information in your user account at any time. Other non-personal data is saved as a result of technical processes (e.g. tracks taken).
Use and disclosure of data
We will NOT disclose any address data, e-mail addresses or any other data which could identify you to third-parties. Neither for general information nor for marketing or advertising purposes will this be done.
Your e-mail address
It is very important to us that you do not receive any unwanted e-mails. For this reason, we will not pass your e-mail address on to third-parties or publish it.
Via the status report, it is possible for third parties to contact you over this e-mail address. In doing so, the writer does not see your e-mail address and has to draft every e-mail individually by hand (thus there is no opportunity for automatically-generated mass e-mails). In this way, it is also impossible for internet search robots to find your e-mail address on our web page.
Hallwag Kümmerly+Frei AG itself will only use your e-mail address for important business transactions, such as:
- Answering your queries
- Order confirmations
- Information on the expiration of your subscription
- Information on important innovations at swisstravelcenter.ch (max. 1x per quarter)
- Problems with your username/password
9. Use of your username/password
You shall take full responsibility for all instructions, orders, etc., regardless of to whom, which are executed by entering your username/password. You agree that you as an individual shall be responsible for all business transactions or processes which have been performed by using your username/password, regardless of whether these business transactions or processes were performed with your knowledge or consent. You agree that your username/password shall be carefully protected from third-parties and you shall act accordingly. You are forbidden to knowingly transmit or disclose your username/password to third-parties. If you ever suspect that someone has gained access to your username/password, you undertake to immediately change your password. Provision of your e-mail address is an integral part of this section, as is its management. If you lose your password, Hallwag Kümmerly+Frey AG shall send it to you through the e-mail address that you have provided. If this e-mail address is incorrect, there is a risk that third-parties may gain access to your password.
10. Links to other (third-party) websites
12. Ideas, comments, error reports, and your trip suggestions
Hallwag Kümmerly+Frey AG is keen to continually optimise its offer. For this reason, ideas, comments, error reports, trip suggestions, etc. are very welcome. You accept that Hallwag Kümmerly+Frey AG alone expressly reserves the right to publish changes or news. Furthermore, Hallwag Kümmerly+Frey AG is at all times permitted to revise and adapt appropriate suggestions at its own discretion. The right to publish appropriate trip details along with all integral parts of the submissions passes automatically to Hallwag Kümmerly+Frey AG when these are forwarded to Hallwag Kümmerly+Frey AG. If you transfer material for publication to Hallwag Kümmerly+Frey AG, you guarantee Hallwag Kümmerly+Frey AG that this material is free of any property right or copyright. For violations of this clause, you are directly liable to potential plaintiffs.
13. Changes to the website offer
The www.swisstravelcenter.ch website is similar to a shop with changing products and services. We endeavour to keep the offer as economically viable and as sustainable as possible so our clients can gain the most benefit from it. Hallwag Kümmerly+Frei AG has the right to freely determine the content that it publishes on its website. The purchase of services or other products shall not give you the right to have these products placed at your disposal in the future.
14. Correctness of your details
You guarantee that all the information you have entered (e.g. your address, credit card details, etc.) is correct and that you are at least 18 years of age or have your parents' permission to use this website. Only one user account is permitted per user. It is forbidden to set up and maintain a user account for a third party.
Only credit cards which are valid and accepted by Hallwag Kümmerly+Frei AG may be used for any transactions that you make. Any refunds shall also take place only on these cards. By sending your order, you authorise Hallwag Kümmerly+Frei AG to calculate the corresponding amounts. It is also possible to effect a payment by wire transfer. We have bank accounts in Switzerland and in Germany. Services on the website are activated only after receipt of the full amount requested by Hallwag Kümmerly+Frei AG. You shall always bear any bank charges.
17. Severability clause and place of jurisdiction
The place of jurisdiction for any disputes arising between the parties is Bern, Switzerland. This legal relationship is subject to Swiss law.