This privacy notice informs you about how we take account of the privacy of all users of our website. We may change this privacy notice at any time by publishing an updated version here, and if possible, we will provide you with a new privacy notice when we make any substantial changes. We will also notify you in other ways from time to time about the processing of your personal data.
The controller(s) of your personal data are Stoked Sports GmbH and Stoked Mountain Experience AG, Bahnhofstrasse 72, 3920 Zermatt, Switzerland respectively the entity of the Stoked group which is the contracting party for the purposes of providing services or products. Your information will be shared among these parties and with Stoked Holding AG, Bahnhofstrasse 15, 3920 Zermatt, Switzerland. References in this privacy notice to “we” or “us” are references to Stoked Sports GmbH and Stoked Mountain Experience AG.
Collection and processing of personal data
As a user you are not required to register to gain access to most areas of our website. When accessing our website, the following data is stored in log files: Your IP address, date and time of your access, browser request and general information about your operating system and browser. This usage data forms the basis for statistical, anonymous analysis, in order to identify trends to further improve our website and our offers accordingly. We also collect data you have provided on our social media accounts (see below under "Social media platforms").
You may need to provide us with limited personal data in order to receive certain services or products from us. In these cases, we process your personal data to communicate with you and to administer our relationship with you, to provide and improve our services and products to you and our clients, to sending newsletters and feedback forms etc. (see below), and to comply with legal obligations, including establishing, exercising or defending legal claims. For example, the following services require registration on our website and/or otherwise the provision of personal data:
Subscription to our newsletter
Subscribers to our newsletter receive information about new services and special offerings. Only basic personal data, such as your name and your email address, are needed for registration. For verification purposes, we will send you a confirmation e-mail immediately after you have finished the registration process. During this process, we may also store your IP address and the date and time of registration. The personal data collected as part of your registration will be used for sending our newsletter to you. For further information regarding our newsletter service provider, please see below ("Newsletters and promotions").
Booking enquiries, boot fitting and other personalized services
You are required to provide us with certain personal data in case you would like to book ski or snowboard lessons, make an appointment for boot fitting or require otherwise personalized services or products from us. Such personal data contains in particular your name, your contact details, and, if needed, your date of birth, your gender or your preferred language. We may also collect sensitive personal data (e.g. health related data) if you provide us with such information (e.g. in the context of any dietary restrictions). We may also collect personal data you provide to us of third parties. It is your sole responsibility to get such third parties' consent, as necessary, for sharing their personal data with us. Please see also our respective forms for the type of personal data you are requested to provide us with (booking enquiry form, boot fitting form etc.). We may forward your data to our ski or snowboard instructors and, if needed, contact your hotel to get in touch with you.
Your satisfaction is very important to us. We invite you to provide us with your feedback via our feedback form offline or on our website. You will be asked to provide limited personal data such as your name and contact details. We may forward your feedback to the person you refer to, contact you following your feedback and mention your feedback on our website in an anonymized form.
You may use a contact form if provided on our website. When using the contact form, you will be asked to provide limited personal data such as your name, email address, phone number and a message you want to deliver to us. We may use such information to get in touch with you or to reply to your message.
We process personal data for the above mentioned purposes (see section "Collection and processing of personal data") on the following basis:
- that it is necessary for us to perform a contract, i.e. we will process and use your personal details to fulfil our contractual obligations so we can provide you with your requested products and services;
- for compliance with laws, i.e. we will process and use your personal details to comply with legal obligations under applicable laws;
- for legitimate interests, including the interests set out above, i.e. we will process and use your personal details to carry out and improve our products and services, sending you marketing communications and feedback questionnaires;
- and/or based on consent, e.g. when you sign up for a newsletter or purchase products, you consent to our use of the personal details you provide to carry out the purposes we communicated to you.
Security and Disclosure
We safeguard the confidentiality and security of your personal data. Access to such personal data is restricted and we have implemented appropriate technical and organizational security measures to protect such personal data against loss, misuse, unauthorized access or modification, and unauthorized disclosure. Your personal data will only be processed and stored in Switzerland and will not be provided to any third parties unless otherwise stated in this privacy notice. We will ensure an adequate level of data protection when disclosing personal data to third parties or foreign jurisdictions. We may disclose your personal data to the following recipients and for the following purposes: to our service providers (see in particular the section "Newsletters and promotions" below); to other entities of the Stoked group for the purposes described in this privacy notice; in order to process a request involving services that are not or not exclusively provided by us; if you expressly request this; if this is necessary to comply with a court order or a legal or regulatory requirement; or if disclosure of such personal data is reasonably connected to the sale or other disposal of our company or parts of it.
Cookies and Google Analytics
Cookies are text files placed on your device to help analyze how users use a website. After the browser session, most of the cookies we use are deleted from your device ("session cookies"). Other cookies remain on your device ("permanent cookies") and permit its recognition at your next visit to our website. This allows us to improve your access to, and your experience with, our website. You can prevent the storage of permanent cookies by deactivating them via your browser settings. Please note that deactivating cookies may affect your browsing experience.
Social media platforms
We offer plugins for various social media platforms you may like to participate in. We are not liable or responsible for any type of misuse by third parties of the personal data you disclose via social media platforms. We suggest that you familiarize yourself with the privacy notices of the respective social media platforms.
Facebook plugins ("Like" button
We receive a number of different types of information that you and Instagram API provide to us when you create and use our widgets or website. We use Instagram API to fetch information about photos from a particular username or hashtag. We only use basic data like image links, tags and captions. We do not store Instagram images and videos on our data servers in any way. We only have required URL’s to them. Images in our widgets come directly from Instagram.
Our website uses the provider YouTube, among others, to incorporate videos. YouTube is operated by YouTube LLC with its main office at 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google Inc. with its main office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you view a page of our website with such a plugin, this establishes a connection to the YouTube servers and the plugin is displayed. This transmits to the YouTube server which page(s) of our website you visited. If you are logged in as YouTube member, YouTube associates this information with the respective personal user account. When the plugins are used, e.g., by clicking on the start button of a video, this information is also associated with the user account. You can prevent this association by signing out of your YouTube account and other user accounts of YouTube LLC and Google Inc. before using our website and also by deleting the respective cookies. Additional information on data processing and data privacy by YouTube (Google) can be found at https://www.google.com/policies/privacy/.
Newsletters and promotions
We may use your personal data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. Newsletters will only be sent to you if you have subscribed to our newsletter service (see further above). Our newsletters contain tracking pixels which enable log file recording for statistical analysis of our newsletter campaigns. We may see whether and when an e-mail was opened, and which links in the e-mail were activated. We use MailChimp providing us with email marketing service. MailChimp is represented by The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA. We only store your email address on Mailchimp for the sole use of email marketing services. You may opt out of receiving any, or all, of these communications from us by contacting us via firstname.lastname@example.org or by following the unsubscribe link or instructions in any email we send.
We will delete the personal data collected about you if all processing purposes have been fulfilled unless statutory retention obligations apply. You have the right to request access to the personal data we process about you, to request correction of any incorrect personal data, restriction of access to, and deletion of, personal data. Furthermore, if you believe that your rights granted by applicable data protection laws have been infringed, you may lodge a complaint with the competent data protection authority. For questions or queries please contact us at: email@example.com or write to us: Stoked Mountain Experience AG, Bahnhofstrasse 15, 3920 Zermatt, Switzerland or Stoked Sports GmbH, Bahnhofstrasse 72, 3920 Zermatt, Switzerland.
Last update: 19/08/2019
TERMS & CONDITIONS
Terms & Conditions Stoked Mountain Experience AG – Snowsports School
For ease of understanding, only the male form will be used herein below. This shall always include the female form as well.
1. Contractual object
Without having explicitly agreed to the contrary, these terms and conditions apply to all transactions between the Stoked Mountain Experience AG, Snowsports School and their clients. The purpose of the business is the operation of a snow sports school. This includes in particular services, such as instructing skills and knowledge in the field of snow sports, without guaranteeing any specific success, as well as guiding and accompanying throughout snowsport activities. Special requests are only taken into consideration if they are based on a written agreement with Stoked Mountain Experience AG. Any additional costs are to be borne by the client.
Stoked Mountain Experience AG is not liable for agreements that were agreed upon between a client and a snowsports instructor personally.
For any booking that was not made online, we do request your credit card information (number, expiration date and card security code) as a guarantee.
2. Lift pass
2.1 The price for the lift pass is not included in the price of lessons.
2.2 Stoked Mountain Experience AG does not refund lessons that had to be cancelled as a result of the malfunctioning of the lift facilities.
The currency of the prices listed is Swiss Francs (CHF) and these prices are valid from 01.08.2019.
4. Terms of payment
4.1 Payment in cash: Swiss Francs (CHF), or Euro (EUR).
Payment by credit card: VISA, Mastercard, Maestro, V-Pay, VISA Electron.
4.2 In case of a refund for a cancelled reservation, we will use the payment method that was used for the original payment, if not explicitly agreed otherwise.
5. Terms of cancellation
Cancellations must be made 48h before the lesson at the latest. If you do not comply with this time limit, the full rate of the lesson will be charged.
5.1 Every started lesson will be charged in full.
5.2 In case of an accident or illness a refund will be granted only if a medical certificate of a local doctor is shown. The refund will only be provided for the days of lessons that were not made use of (differential amount).
5.3 Our instructors are working in all weather conditions, as long as we consider it reasonable for the lesson.
5.4 A lesson can be cancelled or terminated by Stoked Mountain Experience AG Snowsports School, if nature or weather conditions or other unforeseeable circumstances (force majeure, official or governmental measures, termination of the lift facilities) impede lessons. The decision is solely up to the head of the snow sports school. If lessons are cancelled by the head of the snow sports school the client has a right to a refund of the lesson. The client has to claim the refund via phone (+41 27 967 70 20) or in writing via e-mail to firstname.lastname@example.org within 7 days. Twenty percent of the original payment will be deducted in order to cover the handling fees.
6. Abortion of the activity by the client
6.1 No refund is granted in cases of late arrival of the client, illness, alleged bad weather or partly closed lift facilities. Our instructors are not waiting longer than thirty minutes after the starting time of the lesson at the meeting point.
6.2 No refund is granted if the lesson has to be terminated due to insufficient fitness of the client or unsuitable snow sports equipment.
7. Group lessons
7.1 Group lessons start on Monday and last until Friday. Whether or not it is possible to enter the lessons on a Tuesday or Wednesday has to be clarified with the sales office. In any case, the whole amount for group lessons has to be paid (five half-days or five full-days).
7.2 If the minimum number of participants is not reached, Stoked Mountain Experience AG reserves the right to merge different groups, to adapt the duration of lessons or to cancel the lessons on a short-term basis. If this is the case, Stoked Mountain Experience AG aims to find the best alternative for the client.
7.3 Stoked Mountain Experience AG reserves the right to change an instructor due to flexible organization.
8. Private lessons
8.1 It is possible to start private lessons any day for all offers.
8.2 Stoked Mountain Experience AG reserves the right to change an instructor due to flexible organization.
Stoked Mountain Experience AG is under no circumstances liable for any accidents or their consequences occurring during a lesson.
All insurance against accidents, health insurance and liability insurance is the responsibility of the client.
10. Choice of law/court of jurisdiction
Any disputed arising out of the services and products provided by the Stoked Mountain Experience AG shall be exclusively settled by the courts of Visp/VS. The relationship between a client and Stoked Mountain Experience AG is subject to Swiss law.
11. Compensation for damages
The clients waive any claims for damages because of mistakes in illustrations, prices or texts.
12. Privacy / copyright
The Stoked Mountain Experience AG (Snowsports School) reserves the right to use any footage or photographic material for marketing purposes. The client has the right to withdraw the authorization to use or pass on the data and pictures anytime. To do so please send us a message to email@example.com.
The data, which is necessary for the business processing, are treated confidentially.
13. Content of the online offer
Stoked Mountain Experience AG assumes no responsibility for the up-to-dateness, correctness, completeness or quality of the information provided. No liability claims may be lodged against Stoked Mountain Experience AG in relation to material or immaterial damage resulting from the use or non-use of the information provided or the use of erroneous or incomplete information unless a deliberate act or gross negligence can be proved against Stoked Mountain Experience AG.
All offers are non-binding. Stoked Mountain Experience AG expressly reserves, parts of pages or the entire offer without separate announcement to alter, amend, delete or cease publication temporarily or permanently.
Stoked Mountain Experience AG is committed to comply with the offer that has been sold. The client has to draw the purchased services in time and date that were agreed upon. The client does not possess the right to change date or time. Bookings that were paid for online are considered as fixed and confirmed reservations. These reservations or bookings can only be cancelled at latest 48 hours prior to the start of the lesson. In case of failure to comply with this time limit, the whole tariff of the booking will be charged.
Terms & Conditions Stoked Sports GmbH – Sports Shop & Rental
1. Exchange / Refund – Faulty Goods
Stoked Sports GmbH only exchanges sold items / products, in case of production faults or manufacturing errors. In case of doubt, it will be decided by the manufacturer / distributor.
If this case occurs, the product is replaced to the customer one-to-one.
If the item / product cannot be replaced by Stoked Sports GmbH, the customer is entitled to an equivalent product or to a refund.
Exchange / refund of faulty items is only possible with the original sales receipt within one year (12 months) from date of purchase.
2. No refund
Items / products which show defects due to improper / gross negligent handling are not exchanged or refunded by Stoked Sports GmbH.
The decision is made by the manufacturer / distributor.
3. Exchange / credit note
Items can only be exchanged within 24 hours, with the original purchase receipt, unused and in the original packaging. If the customer does not find a suitable product for an exchange, a credit note will be issued. Refund of the purchase price is not possible.
Terms and Conditions Stoked Boot Fitting & Biomechanics
Stoked Boot Fitting and Biomechanics aims to provide services to its customers of the highest level. Stoked Boot Fitting and Biomechanics guarantees that the ski boots which are bought at our shop fit the customer’s needs. If after use there are any problems with the shoes, we make any adjustments for free, until the shoes fit properly. This only applies to newly bought shoes at our shop.
The following criteria apply:
1. The ski boots were bought at the Stoked Shop.
2. The original receipt needs to be shown.
3. The ski boots were not used in an inappropriate or abusive way.
4. The guarantee only covers changes and adjustments to the boots. The purchase price will not be refunded.
5. The guarantee is valid for one year (12 months from date of purchase).
6. The guarantee complements your legal rights.
For any booking that wasn’t made online, we do request your credit card information (number, expiration date and card security code) as a guarantee.
Terms of payment
Payment in cash: Swiss Francs (CHF), or Euro (EUR).
Payment by credit card: VISA, Mastercard, Maestro, V-Pay, VISA Electron.
Terms of cancellation / postponement
Cancellations or postponements must be made 48h prior to the booked appointment. If you do not comply with this time limit, we charge you CHF 100.-. In case of an accident or illness the charge of CHF 100.- will only be waived if a medical certificate of a local doctor is submitted to Stoked Boot Fitting and Biomechanics.
Illnesses / diseases
Stoked Boot Fitting and Biomechanics assumes no liability in case of a non information of illness / disease or symptoms, that – in relation to insoles, ski boots or any other type of shoes – can trigger any health issues.
Terms and Conditions Stoked Mountain Experience AG
Event Management & VIP Services
The following terms and conditions govern the relationships between the two parties and are an integral part of every relationship.
Basis / conclusion of the contract
1. The basis is the reservation/order confirmation or the contract of arrangement that was signed by the client. The contract is not subject to a one-sided termination by either of the two parties. If the reservation was made by a third party, it will be automatically party to the contract, regardless of any authority given by the customer and is therefore liable for all obligations arising from this contract with the customer as joint debtor.
Any orally or written deviations or amendments of this offer are going to be charged additionally according to the known rate. The final number of persons has to be communicated to the event organizer three days prior to the event at the latest. If the number of persons increases compared to the confirmed number the price of the whole event will to be increased by the additional costs incurred. If the number of persons is smaller the price for the whole event will not be lowered.
Instructions of the organising party
2. The participants are obliged to follow the instructions given by the personal of the organising party for their own security. If the participants disregard the instructions, the organiser declines any responsibility or liability.
Conditions of participation
3. The following rules apply to the participants of the event:
a. The participation in events involving physical activity requires good health. Any participant is therefore obliged to report any physical problem to the organising party.
b. The participants must not be under the influence of drugs, alcohol, psychotropic drugs or any other similar substance.
If the organising party serves alcohol, its consumption is in the sole responsibility of the participants.
4. The client is responsible to communicate the conditions of participation as stated in clause 3 to the participants. The organising party will endeavour to draw the attention of participants who obviously do not adhere to the conditions of participation listed under clause 3 to these.
Equipment / material
5. The organising party undertakes to specify the equipment required for the event in the offer according to clause 1 (including in the case of a change of the program).
a. The client is responsible for the personal equipment of the participants. The organising party is requested to provide any special equipment and to make it available to the participants.
b. The equipment that is made available and the premises have to be used with care. In order to prevent any damages of any wall, the machines and the inventory, a desired decoration or other objects have to be discussed and approved by the organising party. Any occurred damages can be charged for the amount of the replacement value.
Service / Catering
6. Stoked Holding AG is obligated to carry out the services in a diligent manner. Stoked Holding AG undertakes to carry out the event in a timely manner and under flawless conditions. When selecting food and beverages importance is attached to the freshness and quality of the products.
7. The insurance is the concern of the participants. The organising party does not take out accident or health insurance for the participants. The client is responsible to draw the participants’ attention to this fact in advance.
Remuneration and payment terms
8. The remuneration for the organiser’s activity as defined in this contract is based on the unit and target price as well as the rate which is stated in the offer. It is also based on the services that were ordered and performed by the organising party. Any additional services according to clause 1 are charged in the amount of the actual costs.
9. The remuneration according to clause 8 here fore has to be paid as follows:
a. A down payment of 80% of the total amount has to be paid no later than 10 days after the bill has been issued.
b. The rest of the payment has to be made at the latest 10 days after the final invoice has been issued.
10. In case that the event cannot take place or has to be cancelled and which is not the fault of the organising party, e.g. for meteorological circumstances, Stoked is aimed to find an alternative for the original program. If this is not possible, the client has to pay the full remuneration according to clause 8.
11. If the client is in arrears with any remuneration mentioned above, he or she has to pay an interest rate of 5%.
12. The organising party has the right to withdraw from the contract if any of the remuneration is not paid on time according to the clauses 8 and 9. Any expenses incurred by organising party or any third party that has been mandated by the organising party have to be fully paid by the client.
13. If the client withdraws from the contract, the following provisions shall apply:
a. Cancellation up to 90 days before the beginning of the event free of charge.
b. Cancellation until 30 days before the beginning of the event, 50% of the total amount will be repaid.
c. Cancellation later than 30 days before the beginning of the event are not subject to a refund, the whole amount has to be paid by the customer.
14. Both the compensation of the organiser’s expenses in the event of the withdrawal of a party as well as the contractual penalty pursuant to clause 13 shall be due for payment immediately upon written assertion by the organiser.
15. The organising party undertakes to take out liability insurance for the event according to clause 1 for person und property damages up to a guarantee sum of CHF 10’000’000.00 (10 Million).
16. Any liability of the organising party for minor negligence is precluded.
17. The organising party denies any liability for claims.
a. Of a family member of a participant towards that participant himself or herself.
b. A family member is the spouse, relatives in the ascending as well as the descending line and any sibling or stepchildren living in the same household as the participant.
c. For any harm of an active participation in fighting games (e.g. football, hockey, basketball) or duel sports (e.g. boxing, fencing, wrestling, judo) caused by a teammate or an opponent.
d. From the owner liability and the use of a motor vehicle and its trailer or a towed vehicle as well as the liability insurance of persons, for whom the owner is responsible pursuant to the Swiss road traffic act.
e. From the owner liability and the use of an aircraft as well as motor or sailing boats.
f. For damages caused to objects, that a participant has taken over in order to use, to work with, to store or to transport.
g. For damages caused to any exhibit as well as the used property, buildings, rooms and facilities.
h. For damages caused to animals, that are used or exhibited in connection with the event and its implementation.
i. For damages caused to objects as a result of an activity (active or passive) by a participant with or to them (e.g. work, repair, loading or unloading of a vehicle).
j. For damages caused to objects by gradual effects of certain weather conditions or temperatures, soot, smoke, dust, gases, steam or vibrations.
k. For damages, that were highly likely to occur or that where accepted in order to reduce the price or to accelerate the working progress.
18. The organising party denies any liability for damages resulting from a postponement or a cancellation of the event. The organising party denies any liability for damages on objects or damages resulting from theft of personal objects, towards the customer, the participants or towards a third party. In case that the organising party mandates a third party with the planning and/or the implementation of the event, the organising party denies any liability for any damages, that can be attributed to this third party.
19. Stoked Mountain Experience AG uses all stored data exclusively for the intended purpose and according to the swiss act on data protection. Data is not being transferred to third parties. We strive to handle your data with the utmost care and to protect it against unauthorized access within the scope of reasonable possibilities.
20. Under this terms and conditions Swiss law is applicable exclusively. The exclusive place of jurisdiction is Visp.
21. The terms and conditions contain all agreements made between the parties and are only subject to modifications, if those are made in writing.
22. If some or several of the clauses of these terms and conditions are invalid or void or if there are any loopholes the remaining clauses are still applicable. The remaining clauses are to be interpreted or replaced in a way that they are still in line with the economic purpose of the terms and conditions. The same ruling applies to any loopholes in any contracts.
Accountability for content
All of the content within this website is intended as a guide to the services and products offered by us. The content of our website has been created with reasonable care. However, we do not assume any responsibility or liability for the content's accuracy, completeness or topicality. The content may be changed at any time and without prior notice.
Accountability for links and our social media platforms
Our website contains links to third party websites and to various social media platforms, e.g. Facebook, Twitter, YouTube and Instagram, which you may like to participate in. These platforms primarily serve to facilitate the access to content and to share content with other internet users. When linking to the social media platforms of third party service providers, we have no control over the display and use of the content provided there. We accept no liability or responsibility for such content and its accuracy, completeness or topicality. Linking to a third party website does not imply our recommendation or endorsement of, or support for, the third party or the products and services of the third party.
Unless indicated otherwise, the copyright and all other rights to the content, text, images, photos, films or other elements and files on our website are exclusively owned by us, our licensors or the expressly mentioned right holder, as the case may be. You undertake not to use any content, in particular by copying, publishing or otherwise reproducing it, without the prior written consent of the right holders. You agree that we are entitled to reproduce, modify, translate, publish or otherwise use any content provided by you to us (e.g. via our feedback or contact forms) for our own purposes as we deem appropriate.