General Terms and Conditions

Preliminary note

Ibecx GmbH, headquartered at Seuzacherstrasse 60 in 8400 Winterthur, Switzerland, markets and brokers services for mountain bikers in Switzerland, the Principality of Liechtenstein, as well as in Germany, Austria, France and Italy through its "Ibecx Bike Pass" product.

Ibecx Bike Pass

The Ibecx Bike Pass consists of an account on the Ibecx GmbH website. The digital pass is accessed via the user's smartphone. The pass is valid for one year and is not available as a paper or plastic card. The account is in the name of the customer and must be clearly assignable. A customer in this sense is the holder of an Ibecx Bike Pass.

The account shows the last day of validity of the Bike Pass. This will be checked by the Service Provider before the offer is used. After the expiration of the validity, the Bike Pass may not be used by the Client or a third party for further bookings or purchases, otherwise the Service Provider is entitled to refuse the promised benefit.

The Ibecx Bike Pass is available in three variants:

• Solo: valid for the person mentioned by name
• Solo Plus: valid for the named person and one companion
• Family: valid for a family of the same household

Purchase of the Ibecx Bike Pass

The purchase of the Ibecx Bike Pass is made by submitting the completed order form on the Ibecx GmbH website. By submitting the form, the Purchaser agrees to these General Terms and Conditions. The current version posted on the Ibecx GmbH website shall apply at all times. Ibecx GmbH will confirm the order by e-mail. The order confirmation has purely declaratory effect.

The price of the Ibecx Bike Pass is based on the information on the Ibecx GmbH website at the time of the purchase offer. The Ibecx Bike Pass is available immediately after full payment of the purchase. The buyer will be informed of the activation by e-mail.

Obligations of the customer

By ordering the Ibecx Bike Pass, the customer agrees to pay all claims in due time. Furthermore, he/she agrees to notify Ibecx GmbH in writing within 15 days of any changes to the information provided at the time of purchase via the contact form on the website. In addition, he/she is obliged to submit in due time the data necessary for the provision of the service.

Furthermore, the customer is obliged to ensure that electronic messages from Ibecx GmbH reach him/her and that their delivery is not prevented by security-checking precautions (in particular spam filters).

Discount codes

Discount codes or vouchers and promotions are issued and launched by Ibecx GmbH at its own discretion. They entitle the recipient to purchase an Ibecx Bike Pass at a reduced price. The accumulation of discount codes when ordering a Bike Pass is not possible. Only one discount code can be redeemed per holder and Bike Pass.

Services of the partner companies

The Ibecx Bike Pass entitles you to use the services of the partner companies or service providers listed on the Ibecx GmbH website. The conditions indicated in each case apply. The holder of the Ibecx Bike Pass is in principle entitled to the aforementioned benefits from the respective service provider. The terms and conditions of the partners and service providers apply. Benefits in the form of discounts or reductions are not cumulative.

The entitlement to the benefit exists only if the service is offered on the selected day. It is based on the availability of the contingent or the product and is limited exclusively to the details described in the offer. Additional services of the service provider will be charged to the customer in full.

The initial contact between the customer and the partner is usually made via the Ibecx GmbH website. Ibecx GmbH provides for technical measures on its website to transmit the contact details to the service provider. If the contact is made via a third party service provider, the authorization to receive the benefit expires. If a purchase contract is concluded, it is exclusively between the customer and the service provider. Ibecx GmbH declines any liability for any damages or defects within their service relationship. Customers can generally rely on the fact that Ibecx GmbH's partner companies are selected and controlled according to high quality standards.

Before making use of the offer, the client must always inform the service provider that he/she is a holder of an Ibecx Bike Pass. Otherwise, it is at the service provider's discretion to grant or refuse the price reduction to the client in accordance with their own regulations. The service provider will check the validity of the Ibecx Bike Pass by means of the specified Ibecx GmbH legitimation process.

The prices and information of the service providers are based on their specifications. In particular, Ibecx GmbH does not accept payments for the services of the partner companies.

Delayed payments

The customer will be in delay of payment without a reminder if he/she does not pay the invoices of Ibecx GmbH in due time. If the customer is requested to pay by means of a reminder due to a delay in payment, he/she will be charged CHF 10.00 for the second reminder, CHF 15.00 for the third reminder and CHF 20.00 for the final reminder. The reminder fees are cumulative. In the event of collection, additional interest of up to five percent from the due date as well as processing fees may be incurred.

Ibecx GmbH will claim the outstanding amounts in its own name and for its own account. However, it may also assign the claim. If the customer is in delay of payments, Ibecx GmbH may block the Bike Pass without notice.

Contract duration and termination

The contract comes into force upon Ibecx GmbH's approval of the customer's purchase offer and is valid for one year. It expires automatically at the end of the validity period and must be actively renewed by the customer if required. Ibecx GmbH will inform the customer by e-mail shortly before the contract expires. Ibecx GmbH accepts no responsibility for the transmission of the notification.

Ibecx GmbH reserves the right to terminate the contract at any time in justified cases without notice. If the reason for termination does not lie in the person of the customer, the purchase price of the Ibecx Bike Pass will be refunded pro rata temporis.

In the event of misuse, loss, theft or termination, Ibecx GmbH reserves the right to block the account and thus access to the customer's Ibecx Bike Pass.

Liability and offsetting

The information on the Ibecx GmbH website is provided without any guarantee as to the accuracy and/or completeness of the offers and/or information posted there. In particular, Ibecx GmbH is not liable for any deviations between the price of the service provider and the information on the Ibecx GmbH website.

If customers or service providers encounter technical problems that are presumably caused by Ibecx GmbH (e.g. lack of availability of the website), both parties are required to find a flexible and mutually satisfactory solution and then inform Ibecx GmbH immediately. Ibecx GmbH is not liable for any malfunction of the user's terminal equipment.

Furthermore, Ibecx GmbH is not liable for non-performance or poor performance of the booked service. In the event of poor performance of the service between the partner company and the customer, the customer shall be exclusively liable to the partner company.

Additionally, Ibecx GmbH is not liable for any damage caused as a result of incorrect or unjustified blocking of the Ibecx Bike Pass.

Moreover, Ibecx GmbH is not liable for damages incurred by the customer due to an auxiliary person or employee of Ibecx GmbH.

Where Ibecx GmbH is liable, the liability is in any case limited in amount to the annual purchase price of the Ibecx Bike Pass.

Should the customer be entitled to claims of any kind against the Ibecx GmbH, the customer waives the right to set off his claims against those of the Ibecx GmbH (waiver of set-off), unless the set-off is made with the written consent of the Ibecx GmbH.

Data sharing

Ibecx GmbH complies with the data protection law. It is entitled to engage third parties for the entire processing of the card business, marketing and for the creation of revenue distribution keys.

Ibecx GmbH reserves the right to fully dispose of the customer's data in the event of a legal dispute. Further information on the processing of personal data and the rights of data subjects can be found in the privacy policy. The current version posted on the Ibecx GmbH website applies in each case.

Change of the price and the General Terms and Conditions

Prices and services may be adjusted at any time. In the event of significant changes and adjustments to the General Terms and Conditions after conclusion of the contract that are disadvantageous to the customer, the customer shall be informed of the changes and adjustments by e-mail. If the changes and adjustments are disadvantageous for the customer, he can terminate his contract until the change or adjustment comes into force at that time. If he fails to do so, he accepts the changes. The new General Terms and Conditions thus fully replace the General Terms and Conditions that were previously in force.

Applicable law and place of jurisdiction

Subject to other statutory provisions, the agreements in connection with these General Terms and Conditions shall be governed exclusively by Swiss law. The place of performance, the place of debt collection, the latter only for persons domiciled abroad, as well as the exclusive place of jurisdiction for all disputes arising in connection with the present agreement shall be Zurich, Switzerland, unless otherwise determined by civil procedural law.

Date: 26.01.2022

Ibecx GmbH