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Terms & Conditions

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General <strong>Terms</strong> and <strong>Conditions</strong> for the Use of Services of<br />

Hotel Bookings and Transfers<br />

(Glattbrugg, 1 January 2012)<br />

1. <strong>Terms</strong> and Responsibilities<br />

Q Events AG (hereinafter referred to as Q Events) is conducting the hotel reservation and<br />

transfer organisation as part of Ironman 2012. The hotel rooms will be offered in the booking<br />

period specified at the prices and services contractually agreed by Q Events and the<br />

participating hotels and may be booked by those participating in the event and spectators<br />

(hereinafter referred to as Users) for or beyond the booking period.<br />

2. Conclusion of Agreement and Delivery of Online Orders<br />

2.1 General information<br />

The data on the website www.ironman.ch do not represent an offer in the sense of the Swiss<br />

Code of Obligations, but simply an invitation by the participating hotels. The participating<br />

hotels shall transfer Q EVENTS their complete offer via this website.<br />

2.2 Acceptance of an online order<br />

The hotel and transfer reservation requested by the website user is binding. The terms and<br />

conditions booked are confirmed as a list in a .pdf file and sent to the e-mail address provided.<br />

Any revocation shall be made in accordance with the cancellation terms.<br />

2.3 Error with an online order<br />

If the order placed by the user and the electronic confirmation sent conflict, the user<br />

undertakes to contact Q EVENTS within 2 working days (from the booking date). Otherwise,<br />

the above General <strong>Terms</strong> and <strong>Conditions</strong> of Booking and Cancellation shall apply.<br />

3. Prices<br />

The prices and services listed on the website www.ironman.ch are inclusive of VAT and booking<br />

fees. The applicable cancellation terms and cancellation costs (Item 5) as well as the<br />

processing costs are specified on the website.<br />

4. Payment<br />

The payment of the services requested shall be made exclusively by debiting the credit card<br />

(Eurocard/MasterCard, Visa) used during the ordering process.<br />

5. Rebooking and Cancellation <strong>Terms</strong> and <strong>Conditions</strong> Hotel Rooms<br />

5.1 Cancellation of the booking<br />

In the event of a cancellation, we charge a cancellation fee of CHF 50.00. In the event of a<br />

cancellation between 21.05.2012 – 10.06.2012, 30% of the total amount and cancellation fees


of CHF 50.00 each shall be charged. Between 11.06.2012 – 25.06.2012, 60% of the total<br />

amount and cancellation fees of CHF 50.00 shall be payable. Between 26.06.2012 and the first<br />

day booked, 100% of the total amount shall be charged. Any higher cancellation fees of the<br />

participating hotels shall remain expressly reserved.<br />

5.2 Rebooking<br />

Rebooking and changes of names shall incur a processing fee of CHF 60.00.<br />

5.3 Postponement of the event<br />

If the relevant event (Ironman 2012) or the place of the event (Zurich metropolitan area) is<br />

changed, the booking shall remain valid and may be cancelled at the discretion of the<br />

respective hotel.<br />

6. Disclaimer<br />

6.1 Liability regarding the use of the website<br />

Q EVENTS undertakes to keep the information provided on the website www.ironman.ch<br />

complete, up to date and correct. It shall not assume any guarantee for the correctness,<br />

completeness and topicality of the information on the website or for transmission errors any<br />

reject any liability for damage or troubles caused thereby. The User acknowledges that Q<br />

EVENTS shall not accept any guarantee for the contents of linked websites of third parties and<br />

reject any liability for it. Due to the technical characteristics of the internet, Q EVENTS shall<br />

not assume any guarantee for an error-free or uninterrupted provision of the services via the<br />

internet. Q EVENTS cannot rule out unlawful intrusion into the IT system or abuse by<br />

unauthorised parties of data made available by the User and shall not assume any liability for<br />

any resulting damage. It also rejects any liability for damage to the IT system of the User as a<br />

result of using the website www.ironman.ch and shall, in particular, not be liable for damage<br />

which may occur to the IT system of the User by programs such as viruses, worms and<br />

Trojans. The User shall use its hardware (incl. printer), operating software and<br />

telecommunication devices for the use of Q EVENTS services at its own expenses and danger.<br />

6.2. Liability regarding the transfer<br />

Q EVENTS shall not be liable towards the User for damage occurred when carrying out the<br />

transfer or for additional costs incurred by the User if these were caused without our fault by<br />

unpredictable and unavoidable circumstances (force majeure), your own behaviour or the<br />

behaviour of third parties which are not involved in providing the contractually agreed services.<br />

Q EVENTS shall not assume any liability for death, physical harm or sickness in connection with<br />

accidents when using transport companies. Your claims must be made in such cases by you<br />

directly with the relevant transport companies, while the compensation claims are limited to<br />

the amounts which result from the applicable agreements and national laws.<br />

7. Liability of the User<br />

The legal liability guidelines shall apply.


8. Data protection<br />

Q EVENTS requires for the smooth processing of the bookings basic information such as the<br />

name, address, telephone number and e-mail address of the User as well as the credit card<br />

information of the participant (the Customer Data). Name and address of the customer may be<br />

forwarded to the organisations holding the Ironman event (such as participating hotels) 2012.<br />

Q EVENTS shall observe the Swiss data protection law when processing the Customer Data. Q<br />

EVENTS shall process, use and save the Customer Data if and inasmuch as this is required or<br />

practical to provide its services and, in particular, organise Ironman 2012 as well as hotel<br />

management, to maintain the technical safety, to provide and maintain the website and for<br />

billing and collection. It shall save in addition to the Customer Data also the date of the order<br />

and the sending of the delivery for the purposes of internal order control. Q EVENTS may<br />

transfer the processing of Customer Data to third parties, such as an external operator of the<br />

Ironman 2012 website, while Q EVENTS shall ensure that the data are only edited by the third<br />

party in a way as the organiser would be allowed to do so itself. A release of Customer Data<br />

abroad shall be permissible as part of the intended use if and inasmuch as (i) the relevant<br />

country has data protection standards which are equivalent to those of Switzerland and (ii) Q<br />

EVENTS has informed the User of this in advance. Data processing in the sense of this Item<br />

shall currently be carried out in Switzerland only. The User recognises and expressly agrees<br />

that Q EVENTS will use or have processed by third parties in Switzerland or abroad the<br />

Customer Data referring to him in accordance with the above business activity.<br />

9. Changes to the GT&Cs<br />

Q EVENTS reserves the right to adjust or change the GT&Cs at any time.<br />

10. Using the Ironman 2012 Website<br />

The entire content of the Ironman 2012 website shall be protected by copyright law and<br />

belong, unless specified otherwise, exclusively and comprehensively to Q EVENTS and the<br />

customers of Q EVENTS. The Ironman 2012 website may contain notices regarding protection<br />

and usage rights of third parties, which must be observed. The (complete or partial)<br />

reproducing, dissemination, transmission (electronically or by other means), modifying, linking<br />

or using of the Ironman 2012 website for public or commercial purposes shall be prohibited<br />

without prior written approval of Q EVENTS.<br />

11. Severability clause<br />

If a provision of these General <strong>Terms</strong> and <strong>Conditions</strong> is or becomes ineffective or inexecutable<br />

in full or in part, the effectiveness or executability of the other provisions of these General<br />

<strong>Terms</strong> and <strong>Conditions</strong> or the purchase of the ticket shall be in no way affected thereby. The<br />

parties shall in this event replace the ineffective or inexecutable provision with an effective or<br />

executable provision, which comes as close as possible to the economic purpose of the<br />

provision to be replaced. The same shall apply for the event that these General <strong>Terms</strong> and<br />

<strong>Conditions</strong> contain a loophole.

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