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Terms and Conditions (T&Cs) Nidwalden Tourism

We are delighted that you are interested in a trip to Nidwalden and would like to thank you for the trust you have placed in us. Please read through the following general contractual terms carefully.

1 Scope of application of the Terms and Conditions

1.1       Nidwalden Tourism as an intermediary for third-party services

If Nidwalden Tourism is arranging third-party services for customers as an intermediary (e.g. hotel reservations, venues for events, tickets for excursions or events, bookings for Vitznau Fortress, etc.), the contract shall be concluded directly between customers and the relevant third party. Although the order process may be handled by Nidwalden Tourism, the contractual relationship shall still be between customers and the third party in this case. The terms and conditions of the relevant service provider mentioned explicitly with the offers shall always apply. The details are regulated in Section 3 below.

2 Nidwalden Tourism website www.nidwalden.com

2.1       Content of the Nidwalden Tourism website

Nidwalden Tourism operates the website www.nidwalden.com. The site allows third parties to offer their services. The general data protection provisions at www.nidwalden.com/privacyprotection apply.

2.2       Exclusion of warranty and liability

Nidwalden Tourism takes all possible care to ensure the reliability of the information published on its websites. However, it explicitly provides no warranty in respect of the accuracy, reliability or completeness of the information. Furthermore, Nidwalden Tourism cannot accept any responsibil­ity to the effect that the functions on the website will not be interrupted or that the server is free from harmful contents. All liability of Nidwalden Tourism as a result of access to the elements of the websites or use thereof is hereby excluded.

2.3       Links

Nidwalden Tourism is neither responsible nor liable for the content or effective operation of linked third-party websites. The organisation has no influence on the content of these sites. Customers consult these websites at their own risk. The relevant conditions of use, general terms and con­ditions and data protection provisions of the linked website apply.

3 Arranging third-party services as an intermediary

3.1       Third parties as the organiser and contracting partner of customers

If Nidwalden Tourism is arranging third-party services as an intermediary (e.g. hotel rooms, trans­fers, accompanying programmes, tickets for excursions, etc.), the contract concerning the con­tent of the service provided by the third party shall be concluded between customers and the relevant organiser. Nidwalden Tourism shall not be a party to the contract. The third-party services shall be subject to the contractual terms of the service provider.

3.2       Concluding the contract with the third party

Third-party offers on the websites or in other means of communication used by Nidwalden Tourism are invitations to customers to make an offer. By placing an order (in writing, by e-mail, by tele­phone, or by sending off the completed input form), customers make the third party a binding offer to conclude a contract and accept the T&Cs of Nidwalden Tourism and the T&Cs and cancellation conditions of the third party. If receipt of the order is subsequently confirmed to customers (by telephone, in writing, by sending an e-mail or in an automated message), this is a confirmation of receipt and order confirmation but does not yet constitute acceptance of the offer. The contract with the third party will not be concluded until the third party has accepted customers’ offers and explicitly confirmed the order. The order is usually confirmed in writing. If customers have only sent a non-binding invitation to make an offer for a service provided by a third party by sending off the completed input form, the reply received shall constitute the bind­ing offer to conclude a contract with the third party. In this case, the contract with the third party shall be concluded when customers explicitly accept the offer.

3.3       Performance of the contract and cancellation

As the party entering into the contract with customers, only the third party shall be responsible for the performance of the contract. The third party’s contractual terms shall apply. Nidwalden Tourism provides no warranty whatsoever in respect of the correct performance of the contract by the third party. Any complaints shall be addressed solely and directly to the third party with­out delay. In the event of a cancellation, the T&Cs and cancellation conditions of the third party shall ap­ply.

3.4       Exclusion of liability

Nidwalden Tourism shall never be liable for damage or loss suffered by customers in connection with the service provided by the third party. Any claims for compensation are to be addressed directly to the third party.

3.5       Payment terms

Unless otherwise agreed by the parties in a specific case, selected debit and credit card pay­ments as well as cash payments made in person in Swiss francs and euros shall be accepted. Nidwalden Tourism reserves the right to issue an invoice for confirmed services in advance. All prices are in Swiss francs and include mandatory VAT. Conversion into euros is performed at the current daily rate.

4 Intellectual property/intellectual property rights

The entire content of the website www.nidwalden.com, the content of the newsletter to which visitors can subscribe and the content of brochures are copyright protected. The owners of the protected elements are either Nidwalden Tourism or third parties which have agreed that Nidwalden Tourism may use the elements. Visi­tors to the website shall not be granted any rights of ownership or use for elements of the web­sites or software. In particular, no licences shall be granted for content protected under copyright or trademark law. The elements on the websites are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with the specific mention of Nidwalden.com or if neither copyright notices nor other protected designations are removed and the source is given. Reproduction, transfer, amendment, linking or use of the Nidwalden.com website for public or commercial purposes is prohibited without the prior written consent of Nidwalden Tourism. Nidwalden Tourism explicitly reserves all rights.

The entire content of the website nidwalden.com is copyright protected. All rights are owned by Nidwalden Tourism or third parties.The various names and logos on the websites are generally registered and protected trade­marks. No part of the websites is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the websites or parts thereof confers no rights whatsoever in respect of the software or elements of the relevant website. Nidwalden Tourism reserves all rights in respect of all elements of the websites with the exception of rights belonging to third parties.

5 Data protection

Nidwalden Tourism undertakes to process personal data (data concerning an identified or identifi­able person) in accordance with the requirements of Swiss and European data protection legis­lation. The general data protection provisions at www.nidwalden.com/en/privacyprotection apply.

 

6 Joint final provisions

6.1       Severability clause

Should a provision of these Terms and Conditions be invalid, whether in whole or in part, it shall be replaced with an equivalent provision which comes as close as possible to the commercial value of the invalid provision. The validity of the remaining provisions shall not be affected.

6.2       Amending these T&Cs

These T&Cs were last updated on the 21 January 2019. Nidwalden Tourism reserves the right to amend these T&Cs at any time. The applicable version is published at www.nidwalden.com and applies to orders made from the publication date. The version of these T&Cs which applies at the time of the order shall be binding.

6.3       Place of jurisdiction and applicable law

Swiss law shall apply exclusively to the contractual relationship between customers and Nidwalden Tourism. Subject to a mandatory place of jurisdiction, the courts at the registered office of Nidwalden Tourism shall have jurisdiction over disputes between customers and Nidwalden Tourism.