General Terms and Conditions (GTC) of Smilestones AG

Subject and application of the GTC

These General Terms and Conditions regulate the relationship between the customer/visitor/recipient of services (called “customer” below) and Smilestones AG (called “Smilestones” below). The actual conclusion of a contract between the customer and Smilestones enters into force through the purchase of a ticket, a service or goods or at consumption. These GTC are a part of each contract between Smilestones and a customer. Customers can be both natural as well as legal persons who enter into a contractual relationship with Smilestones.

Tickets

Smilestones may only be entered by customers with a valid ticket. During the opening times shown, the tickets entitle customers to enter and stay in Smilestones’ premises.
The tickets must be presented when entering Smilestones or validated and then taken into Smilestones’ premises. Resale of the tickets or any other commercial use is prohibited.

Conditions

Prices

Smilestones price lists, available on site or on the website. Unless otherwise stated, all prices are in Swiss Francs including VAT. Prices are subject to change.

Tickets which have been acquired without authorisation or are misused will lose their validity and must be returned to Smilestones without a replacement. Criminal charges may be brought against the persons concerned.

Complaints

The customer is obliged to check the correctness of the purchased service or goods or the confirmation immediately after receipt. The complaint can be made in person, by phone or in writing (email or letter). If the customer fails to inspect the purchased service or goods immediately after receipt and to make an appropriate complaint, Smilestones’ service shall be deemed to have been approved.

Terms of payment

The sale of a ticket, a service or goods can be paid for on site in cash or with the accepted credit or debit cards in Swiss Francs, or with coupons or vouchers. Cash payment in Euro will be converted into Swiss Francs at the daily rate determined by Smilestones. Payment on invoice is only possible after consultation with Smilestones. A handling fee of CHF 10 will be owed on invoice amounts below CHF 200. Payment of the invoice is only possible in Swiss Francs.

Further provisions

Security

Security has the highest priority. The customer is responsible for complying with security regulations. The instructions issued by Smilestones’ staff must be followed at all times and without delay. Emergency exits and escape routes must always be kept completely clear. If any uncertainties, technical problems, extraordinary events occur or in the event of damage, one of Smilestones’ employees must be contacted and informed immediately (phone: +41 52 511 20 00).

Customers must observe the instructions for use, operating instructions and directions by Smilestones employees. If they do not comply with these, the Smilestones employees can expel them from the premises without this leading to a claim for compensation. Smilestones’ liability is excluded for damages that occur as a result of infringement or non-observance of the notes, instructions or directions. Any alterations as well as climbing in the exhibition area apart from on the objects and attractions intended for this purpose are strictly prohibited. To preserve the exhibition, customers are not allowed to touch the installations.

Supervisory responsibility

Children under the age of 12 may only enter Smilestones accompanied by an adult. Parents and supervisors must fulfil their supervisory responsibility with care. If parents or supervisors do not comply with their supervisory responsibility, they are liable for damages that are caused by the children.

Exhibition area

Smilestones always strives to keep the availability of the exhibition, the sections of the complex and the attractions as high as possible. However, Smilestones cannot guarantee availability. In addition, the exhibition has a limited capacity and utilisation or a visit cannot be assured.
Individual sections of the complex or action points can be shut down for maintenance and repair purposes or due to other technical faults without prior notice.
Smilestones is continuously being modified and expanded. Certain emissions and restrictions are unavoidable during the opening times.
The times of guided tours are published on the Internet atwww.smilestones.ch and on location. These are subject to changes at short notice.
The non-availability or restriction of individual or all exhibition areas, sections of the complex, action points and/or attractions does not entitle to any claim for damages or compensation against Smilestones.

Photographic and video recordings

Photography and films for private purposes are allowed. Smilestones’ written consent is required for publications and/or commercial purposes and the source reference must be stated. Smilestones may charge fees for such recordings. The rights to photo shoots and videos on Smilestones’ premises remain in principle with Smilestones. The customer authorises Smilestones to take photographic and video recordings – including those at public and closed events of the customer. The customer shall provide Smilestones with all the photographic and video recordings of Smilestones created by them or by a third party commissioned by them upon request and free of charge. The use of images for reference purposes and sales documentation must be discussed between the customer and Smilestones taking into account the protection of privacy. Surveillance video can be recorded throughout the Smilestones premises for security purposes.

Catering and picnics

Eating and drinking is only permitted in the bistro and in the premises provided for this purpose. Eating and drinking is not allowed in the exhibition, apart from the catering services organised by Smilestones in the areas set aside for this purpose. Picnics are only permitted with consent.

Advertising, sales and give-aways

Any advertising, as well as the sale of services and goods or the handing out of gifts and information material is not permitted on Smilestones’ premises. Smilestones reserves the right to make exceptions by prior arrangement and with written consent.

Parking, delivery, product handling

Parking is only allowed on the defined, marked parking areas. Vehicles belonging to suppliers, event organisers and visitors must be parked on the public parking areas around the Rhine Falls. Smilestones does not accept any liability or responsibility for damages to or fines imposed on parked vehicles. Vehicles parked without authorisation will be towed at the expense of the owner.

All deliveries must be notified to Smilestones with sufficient lead time. The defined areas for delivery and product handling may only be used for a short time for loading and unloading. Goods must be delivered outside of opening hours.

Smoking

Smoking is absolutely prohibited in the Smilestones building. Ashtrays are available for smokers in the outside area.

Pets

Animals are not allowed on the premises (apart from guide dogs for the blind).

Liability

Smilestones rejects any liability for personal injury and property damage which have arisen as the result of misconduct on the part of the customer, their guests or a third party contracted by them. Attractions, equipment and offers are used at the customer’s own risk. Smilestones excludes any liability in the absence of intent or gross negligence. Liability for indirect or consequential damages is also excluded.

Smilestones does not accept any liability for theft; in particular, visitors use lockers and cloakrooms at their own responsibility.

Data protection

You can find the applicable provisions on data protection in Smilestone’s Privacy Policy. The Privacy Policy is an integral part of the GTC of Smilestones AG.

Final provisions

Smilestones reserves the express right to change these GTC at any time and to bring them into force without notice.

If one or more of the provisions of these GTC should be or become ineffective or contain a loophole, the validity of the other provisions will remain unaffected.

Substantive Swiss law applies exclusively. The place of jurisdiction is Schaffhausen.

Neuhausen am Rheinfall, 14/08/2018