General terms and conditions for online orders
- Applicability and scope
- The following general terms and conditions for online orders (hereinafter referred to as "GTC") apply to all orders between Swiss Group International SGI AG (hereinafter referred to as "Swiss Group International SGI AG", "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for services (hereinafter referred to as "services") purchased via our online shop https://shop.swissgroupinternational.com/ (hereinafter referred to as "online shop"). Our services are provided exclusively based on the applicable GTC and our data protection declaration. These GTC and our data protection declaration also apply to all future business relationships, even if they are not expressly agreed again.
- You can access the current terms and conditions at any time at http://shop.swissgroupinternational.com/agb.
- The online shop is operated by:
Swiss Group International SGI AG, Chamerstrasse 85, 6300 Zug, Switzerland
UID No. Switzerland: CHE-378.408.185
E-mail: info@swissgroupinternational.com - Individual agreements concluded with the customer take precedence over these General Terms and Conditions. Any conflicting general terms and conditions of the customer will not be recognized.
- Swiss Group International SGI AG reserves the right to change these terms and conditions at any time. All changes will take effect upon publication of the new terms and conditions on the website. When purchasing a service, the relevant date for the applicability of the valid terms and conditions is the date on which the binding order is placed with us.
- The contract language is exclusively German. If there is a conflict between the present German text and the English text, the German text shall prevail.
- By placing a binding order for our services, you declare that you are legally competent and at least 18 years old.
- The customer must note that in addition to these General Terms and Conditions, the conditions of carriage of the respective operating airline specified in the ticket also apply. The conditions of carriage are an integral part of every contract. Insofar as the conditions of carriage of the respective operating airline contain deviations from the General Terms and Conditions of SGI, the conditions of carriage of the respective operating airline take precedence over the General Terms and Conditions of Swiss Group International SGI AG. The customer is therefore advised to read the conditions of carriage of the respective operating airline carefully. The conditions of carriage of the operating airlines can be found on the respective airline websites. Restrictions and/or deviations can particularly affect baggage and transport regulations, passenger rights, operational irregularities and liability regulations.
- Conclusion of purchase Agreement
- The presentation of the services in the online shop does not constitute a legally binding offer, but merely a non-binding invitation to the customer to order the service in the online shop. Swiss Group International SGI AG expressly reserves the right to change the services themselves as well as the content, such as images, range, prices and descriptions of our services, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding for Swiss Group International SGI AG.
- The customer can place a binding order for the services he has selected via our online shop. The customer can place the services he has selected in the "shopping cart". This does not yet count as a binding order. An order is only considered to be binding when the customer clicks on the "order with payment" button on the order page at the end of the order process. Before submitting the order, the customer can change and view the details at any time, identify any input errors and, if necessary, correct them before the final, binding submission of the order.
- The receipt of the order is confirmed to the customer by email. This email contains the details of your order and our general terms and conditions that you accepted during the ordering process, as well as a link to the airline's conditions of carriage. This email is only to inform you that we have received your order. This does not constitute a sales contract. By submitting the order, you confirm that you have read the general terms and conditions and agree to them without reservation. We recommend that you print out the general terms and conditions and the airline's conditions of carriage for the purpose of online ordering and your documentation or save them on your computer. The invoice for your order will be sent to you in a separate email.
- After you have placed a binding order, Swiss Group International SGI AG is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by email and without assuming liability towards you or third parties. If the order is rejected, we will refund any payment you have already made. You remain bound to your order for 14 days.
- When Swiss Group International SGI AG accepts the order, a binding sales contract is created with the customer. This acceptance is expressly communicated by E-Mail.
- Availability and performance reservation for non-deliverable products
- All information about the availability of a flight is provisional and approximate. It does not constitute a binding or guaranteed contractual content. If Swiss Group International SGI AG determines when processing your order that the services you have ordered are not available, we will inform you of this. In this case, no contract will be concluded.
- We also reserve the right to limit the services that can be purchased by a customer. In such case, we will inform the customer accordingly by email.
- Prices
- Our services and prices correspond to those stated on the website. All prices are stated in CHF (Swiss francs) for customers residing in Switzerland or the Principality of Liechtenstein. For customers residing in the European Union (EU), prices are stated in EUR (Euro). The total price of your order, including all additional costs (such as airport taxes), is displayed at the end of the ordering process.
- By placing a binding order, you declare that you agree to the total price for the services ordered. After the binding order, the price can no longer be adjusted.
- Swiss Group International SGI AG reserves the right to change prices at any time. Services will be charged based on the prices offered at the time the binding order is placed.
- Payment Terms
- The customer has the option of paying using the payment methods displayed on the website or during the ordering process. These may change from time to time and depending on the country.
- By choosing the payment method, the customer authorizes the payment either by entering credit card details or access data from a payment service provider. The customer authorizes Swiss Group International SGI AG to accept payments in the appropriate way. Should there be chargebacks, Swiss Group International SGI AG is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Swiss Group International SGI AG is not liable for any fees or other amounts that the card issuer or your bank may charge you because of processing your payment in accordance with your order.
- If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, check the availability parameters for the debit and the address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If the payment is refused, Swiss Group International SGI AG reserves the right to cancel the order and not to provide the services. In this case, we will contact you immediately.
- When paying in advance, the customer will receive the invoice by email after receipt of the order. Payment must be made using the payment slip or by specifying the payment reference within the payment period stated on the invoice. If payment is not made on time, Swiss Group International SGI AG reserves the right to cancel the order.
- If the services are not available at the time of the order or if Swiss Group International SGI AG only provides partial services, any payments already made will be refunded to the customer immediately.
- Conditions for booking flights
- Booking a flight is only valid for the booked flight and the person listed. When booking through our online shop, no ticket is issued. A booking number is issued. This must be presented at the check-in counter together with a valid ID (ID card, passport) or stated during web check-in. The full first and last name stated when booking and that on the ID must match.
- Cancellations or rebooking are subject to the terms of the contract of carriage between the customer and the operating airline.
- Swiss Group International SGI AG accepts cancellations and rebooking from the customer and forwards these to the relevant airlines. Any costs are to be borne exclusively by the customer.
- Special Provision for seat Reservation
- The customer can reserve or change seats up to 6 hours before the departure of his flight. Swiss Group International SGI AG immediately forwards the seat reservations to the operating airline. Submitting the reservation does not entitle the customer to the reserved seat. The customer is only entitled to the seat after receiving confirmation from Swiss Group International SGI AG.
- The reservation of seats at the emergency exits is subject to special safety requirements of
the responsible authorities. Swiss Group International SGI AG points out that the following
group of people are not permitted to sit in the exit row/emergency exits:
- Expectant mothers.
- Babies and children under 16 years of age.
- physically and/or mentally disabled people.
- Persons whose mobility is limited due to their body mass, illness or age.
- Persons carrying animals in the cabin; and
- Accompanying persons of passengers who require assistance in an emergency situation. By reserving a seat at one of the emergency exits, the customer guarantees that the aforementioned exclusion criteria do not apply to him or to any other person for whom the customer has booked.
- Swiss Group International SGI AG advises the customer that reserving a seat at one of the emergency exits requires that the customer is prepared to assist the cabin crew in an emergency. To do so, the customer must be able to follow the cabin crew's instructions in German or English and meet the requirements in section 7.2. If this is not the case, Swiss Group International SGI AG and the respective operating airline are entitled to assign the customer a seat other than the one reserved. In this case, the customer is not entitled to a refund of the reservation costs. If it is not possible to assign the customer to another seat after exhausting all options, the respective operating airline has the right to refuse carriage to the customer altogether.
- In addition, the operating airline's guidelines and transport regulations regarding seat reservations apply. In the event of conflicting regulations, the latter take precedence.
- Special provisions for baggage, excess baggage, special and sports baggage, bulky goods and aids
- The customer can order the transport of excess baggage, special baggage, sports baggage, bulky goods and aids from us.
- Swiss Group International SGI AG and/or the respective operating airline may refuse to
transport or continue to transport excess baggage, special baggage, sports baggage, bulky
items and aids, or may terminate the transport prematurely if one or more of the following
points apply.
- The transport violates applicable laws, regulations or requirements of the country of departure or destination or the country over which the flight is flown.
- The transport violates the guidelines or regulations for the transport of baggage of the operating airline
- The transport endangers the safety, order or health of other passengers or crew members or would represent an unreasonable burden on this transport.
- The customer or other persons for whom the customer has placed the order refuse to undergo security checks on their person or baggage.
- The customer has not paid the flight price, taxes, fees, surcharges or other services required by him.
- 8.2.6 The Customer or other persons for whom the Customer has placed the order do not have valid travel documents or wish to enter a country for which they are only entitled to transit or for which they do not have valid entry documents.
- The baggage contains items that are likely to endanger passengers, cabin crew, the aircraft itself or other items on board the aircraft, as listed in the IATA Dangerous Goods Regulations in their current version. These include, but are not limited to, explosives, oxidizing, radioactive or magnetizing substances, compressed and liquid gases, infectious or aggressive substances and highly flammable substances.
- The baggage contains items the carriage of which is prohibited under the regulations of the state from which the flight is departing, arriving or over which the flight is being flown.
- The baggage contains lithium batteries or lithium accumulators brought along individually, such as those from mobile phones, laptops, handhelds, etc. These may only be carried in hand baggage.
- The baggage Weapons of any kind, in particular cutting, stabbing, thrusting and firearms as well as spray devices used for offensive or defensive purposes, ammunition and explosive substances, or objects which, due to their external shape or marking, could give the impression of weapons, ammunition or similar explosive substances, without this being reported before the start of the journey and/or if they are not to be transported as cargo or checked baggage in accordance with the regulations on the transport of dangerous goods. The transport of weapons is at the reasonable discretion of SGI and the respective operating airline. They must always be unloaded and transported in sealed, commercially available packaging. The transport of ammunition is subject to the ICAO or IATO dangerous goods regulations. If the customer intends to transport weapons of any kind or ammunition, he must contact SGI and the respective operating airline directly.
- The baggage contains items which are dangerous or unsafe due to their weight, size or nature, or are unsuitable for carriage due to their perishable, fragility or particular sensitivity.
- If the aforementioned items are contained in the luggage and are discovered during security checks, the customer must remove these items from the luggage or these items will be removed by the responsible security staff. Swiss Group International SGI AG accepts no liability for items removed in this way. Any costs we incur for storing these items must be borne by the customer. Swiss Group International SGI AG accepts no liability for any damage to the luggage and its contents caused by the opening of the luggage in this context.
- Swiss Group International SGI AG forwards the baggage services purchased by the customer to the operating airline. It is the customer's responsibility to ensure that his or her baggage meets the requirements of the operating airline.
- Swiss Group International AG assumes no liability for non-transport, damage or other impairment of customers’ luggage.
- Changes or cancellations regarding baggage services will be forwarded by Swiss Group International SGI AG to the operating airline. The operating airline's regulations apply. Any costs incurred will be borne by the customer.
- Special provisions for orders of board menus
- Swiss Group International SGI AG lists allergens in the on-board menus, provided we receive the information from the operating airline. It is the customer's responsibility to find out about any intolerances and, if necessary, to consult the on-board staff. Swiss Group International SGI AG accepts no liability for allergic reactions.
- Cancellation policy for customers based in Germany and Austria
- There is no right of withdrawal.
- The right of withdrawal does not apply to orders for services that can no longer be withdrawn due to the regulations of the operating airline.
- Register for a customer Account
- When you register a customer account, you can view information about your completed orders and save your address details. Since your details are saved, you do not have to enter them again when you make another purchase. Registration creates a permanent customer account.
- If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. If you receive any indications of misuse of your customer account by third parties, you must inform us immediately.
- Swiss Group International SGI AG guarantees that your data will be treated confidentially and will not be passed on to unauthorized third parties. For further information on data protection in dealing with your customer account, please refer to our privacy policy available at: https://shop.swissgroupinternational.com/de/datenschutz
- Registration is free. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and to warn, block, delete or change the content of registered customers who violate these terms and conditions or individual agreements.
- Swiss Group International SGI AG is not obliged to accept the registration or order of a registered customer.
- Liability
- Exclusion for incorrect information
We receive information from the operating airlines and other service providers. Although we provide our platform with the utmost care and to the best of our knowledge and belief, we cannot guarantee that all information is correct. Unless we have acted intentionally or with gross negligence, we cannot be held responsible for incorrect information or missing information. - Liability for damages resulting from transport services
Liability for any type of damage, regardless of the legal basis, arising from or in connection with the transport is governed by the transport contract between the customer and the operating airline. Swiss Group International SGI AG cannot be held liable for this. - Liability for damages resulting from our brokerage services
- For customers from Switzerland and the Principality of Liechtenstein
- We are liable without limitation for direct damages resulting from intent and gross negligence. We are liable for damages resulting from minor negligence resulting from injury to life, body or health of persons.
- Any other liability for further damages arising from contract or tort, but not exclusively for indirect, consequential damages, etc. is hereby completely excluded to the extent permitted by law.
- Liability for vicarious agents is excluded.
- Furthermore, the total liability under these Terms and Conditions, regardless of the reason and to the extent permitted by law, is limited to the price of the service that the customer has ordered from us.
- For customers from Germany and Austria
- We are liable without limitation for intent and gross negligence. For minor negligence, we are liable for damages resulting from injury to life, body or health of persons.
- In addition, the following limited liability applies: In the case of minor negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely. Liability for minor negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our legal representatives and vicarious agents.
- In the event of a breach of essential contractual obligations, Swiss Group International SGI AG shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
- Exclusion of liability in case of force majeure
- If an event occurs which is outside our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment (or late fulfillment) of obligations under these General Terms and Conditions, the contractual relationship based on it and/or the transport contract. Furthermore, in these cases we reserve the right to withdraw from the contract. An event outside our sphere of influence occurs, for example, in the following cases: strikes, blockades or other actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the loss of the inability to use rail, shipping, air, road routes or other means of public or private transport.
- If an event outside our control occurs that affects the performance of our obligations under the Contract, we will notify you as soon as possible.
- Exclusion for incorrect information
- Data Protection
- When you use our website and contact us, various personal data is collected. Swiss Group International SGI AG collects and processes personal data only within the framework of the statutory provisions, in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration. This can be accessed at https://shop.swissgroupinternational.com/datenschutz. We can change or supplement the data protection declaration at any time.
- In order to carry out the flight, Swiss Group International SGI AG must forward your personal data to the airline. The airline may in turn be obliged to pass the data on to other third parties, such as airports, immigration authorities, etc. We therefore recommend consulting the airline's data protection regulations.
- Copyright
The information and content published on the website are protected by copyright and are the property of Swiss Group International SGI AG or the respective rights holder. Reproduction, processing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. Swiss Group International SGI AG and the respective rights holder expressly reserve all rights in this regard.
- Severability Clause
If any of the provisions of these Terms and Conditions are or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that takes the economic purpose of the provision and the will of the parties at the time the contract was concluded as far as possible into account. The same applies to any gaps in these Terms and Conditions.
- Online Dispute resolution
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For consumers residing in Switzerland
There is an ombudsman in Switzerland who acts as an intermediary at the request of a party:
Ombudsman of the Swiss travel industry
CH-8038 Zurich
Telephone: +41 (0)44 485 45 35
info@ombudsman-touristik.ch
- For consumers residing in the EU
The European Commission has set up an online platform for alternative dispute resolution procedures for consumers residing in the EU, which provides an out-of-court procedure for settling all disputes in connection with and arising from online sales contracts: ec.europa.eu/consumers/odr/ Swiss Group International SGI AG is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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For consumers residing in Switzerland
- Applicable Law and Jurisdiction
These terms and conditions, the contractual relationships based on them and any disputes are subject exclusively to Swiss substantive law, excluding the Hague Convention and other international agreements as well as the International Private Law Act (SR 291), subject to mandatory statutory norms. Theexclusive place of jurisdiction is our company headquarters. The mandatory places of jurisdiction provided for by law remain reserved. We also reserve the right to take legal action against you at your ordinary place of jurisdiction.
These provisions only apply if there are no mandatory provisions of the law of the state in which the consumer has his habitual residence that take precedence over these terms and conditions. These terms and conditions replace all previous general terms and conditions.
Zug, May 16, 2024