General Terms and Conditions of Sale (GTC) for Circuit Secret®

Introduction

Jura Tourism manages the Circuit Secret® brand as well as the tourist product within the canton of Jura, in Porrentruy, St-Ursanne and Delémont. The management of Circuits Secrets operating in the other cantons works in the form of a franchise. They have been developed by the tourist offices that created them sur place (hereinafter referred to as: the franchisee(s)), for example Morat Tourisme in Morat. Consequently, the website www.circuitsecret.ch has been set up in such a way that each franchisee runs the sales of their circuit(s). The admission sales for a particular site, whether purchased online, at the tourist offices, or at the reception of a museum, hotel or restaurant, are thereby managed by the same franchisee. In the event of any questions or requests, contact should be made with the tourist offices concerned via the web platform.

These GTC govern the contractual rights and obligations between the suppliers (tourist offices – circuit administrators) and visitors to the Circuit Secret® sites.

Description of the Circuit Secret® concept

A Circuit Secret is an unusual site of interest. The visitor accesses it by opening a lock fitted with cylinders by means of a magnetic key badge and the Dormakaba “mobile access” app.
Visual and/or sound presentations played on electronic devices may be installed there as part of the visit experience. Visitors may obtain a key badge from the tourist offices in the towns concerned, or download the “mobile access” app once they have made their purchase online.

1. Contractual partners

1.1 Supplier

Jura Tourism manages the Circuits Secrets sales online for Delémont, Porrentruy and St-Ursanne on the www.circuitsecret.ch web platform as a super-administrator. The franchisees manage the sales of their own circuits.

1.2 Visitors - purchasers

Individually or in a group (up to a maximum of 10 people for one badge) the visitor(s) access(es) these unusual places by means of a badge or the Circuit Secret® app on their mobile phone. The app can be downloaded free of charge and provides mobile access if you have booked a ticket for a Circuit Secret. Each person who has purchased a Circuit Secret ticket will obtain the door opening access to the Circuit Secret booked from the selected time until 6 p.m. This works on their mobile phone through the Circuit Secret® app. They become the holder of the device or method for opening the doors (“mobile access” app) and benefit from richer content on the same app than a person who has not booked a ticket. The customer can make a visit using the traditional brochure if they wish.

2. Conclusion of the contract

2.1 Availability of the offer

The Circuits Secrets services are offered online at www.circuitsecret.ch to schedules defined on the web platform.

2.2 Purchase

2.2.1 Online booking

On the www.circuitsecret.ch website, by clicking on the “book” button, an individual or representative of a group purchases one or several tickets for the Circuit Secret of their choice. This contract is systematically concluded with the holder of the validly registered account as soon as they receive an email confirming their reservation.

3. Acceptance of the contractual conditions

By purchasing admissions to one or more Circuit(s) Secret(s), all participants unconditionally accept the GTC as well as the prices presented online.

2.4 Payment

Individuals and groups (purchasers) pay for their admission tickets online. The transaction is carried out via the tourist office of the city where they booked the tour. Once purchased, tickets cannot be refunded, even if the number of participants is smaller than expected on the day of the tour (see point 3 below).

Each purchaser receives an invoice for their purchase, which is considered to be confirmation of the transaction between the supplier and purchaser.

3. Contractual modifications

3.1 Cancellation of a purchase

It is not possible to cancel a purchase.

3.2 Modification of a purchase

The modification of a purchase for the same circuit is possible and enables the seller to move the day of a buyer's booking to a later day depending on availability, but they may not cancel all or part of their purchase.

3.3.1 Postponement of the departure date

Up to the day of departure, a booking can be postponed to another day by freely deciding on a new departure time and another Circuit Secret if required.

If the participants already know the new booking date, the seller can then postpone the booking without incurring any costs. If no replacement date is yet known, Circuit Secret sends vouchers (against an invoice) which can be used later. The cost for shipping is CHF 5.

4. Extent of the services

4.1. Own services

The Circuits Secrets include several services offered by the tourist offices concerned. The unusual sites are maintained and regularly inspected and cleaned. However, it may happen that the operation of presentations or locks at the Circuits Secrets sites accidentally suffer a technical problem. The different services may therefore vary slightly from one booking to another. The sellers of the Circuits Secrets may thus reserve the right to adapt the offer presented on the website at the last minute, by informing the buyers of sites or presentations that may not be available.

The supplier services comprise the following categories:

• Access and use of Circuit Secret sites booked;
• Information on the tours via the “mobile access” visit app;
• Fixed costs relating to the circuit.

The services comprise only those described in the confirmation of the order or booking.

Before receiving confirmation of their purchase and the day of their visit, the participants must have completed and signed the form for the general conditions of sale. They must hold a valid ticket for the Circuit Secret and the day of use selected. All participants must hold a valid ticket which might be checked by a member of staff of the tourist office that manages the Circuit Secret to be visited.

4.2 Third party services

Upon request, the tourist offices may also offer refreshments for the participants. These are additional services from partner companies. These additional so-called third-party services are carried out and invoiced by the partner companies. The respective service providers are solely responsible for the availability, quality and safety of these third-party services.

5. Warranty

Circuits Secrets are tours composed of places to be opened up, with projection and / or sound presentations. The audio-visual equipment works via connection to the electricity network. These places are distributed across the same locality. The tour takes place in the public area.

For this reason, and despite regular verification and maintenance of the tours, it is possible that some sites (places) will be completely or partially out of service for a short time. In this case, participants have no claim to the right to a refund from the relevant tourist office.

The no refund policy also applies in the event of unavailability of instructions and diverse information.

6. Conditions of participation

Participants must be capable of walking for around 2 hours, going up and down stairs and navigating their way around. To help them, furniture is present at the sites so that they can rest and enjoy the entertainment comfortably. Knowledge of the location or region is not required.

Children must be accompanied by their parents or another person who is at least 18 years old. A person at least 18 years of age must be present in each group of participants. 18 years, the age of majority, is also the minimum age to be able to go on a Circuit Secret alone.

6.1 Minimum equipment for participants

To go on a Circuit Secret, the following minimum equipment is recommended:

• A mobile phone if the participant wants to open the sites using the “mobile access” app or benefit from content on the application sites.
• A paper brochure. if the customer does not have a mobile phone.
• Clothes and footwear that is suitable for the weather and the possible difficulties specified in the description of each circuit (the activity sometimes takes place outside the unusual sites, on paths and trails outside the city centres, during the visit itinerary).

7. Responsibility and insurance

Participants visit the places that make up a Secret Circuit at their own risk. The requirement for insurance is the responsibility of each participant.

The sellers, owners and tenants of the unusual places visited by the participants do not bear any responsibility for material and physical damage, direct and indirect, to the objects and buildings of the public space, premises housing a station of the Circuit Secret, electrical devices and cables installed in the stations of any Circuit Secret which may occur for participants. The participants' Circuit Secret activity begins as soon as the use code of the "mobile access" application is validated on the day and at the time selected by the participants. It ends at the completion of the schedule booked by participants.

This disclaimer also applies in the event of unlawful intent and gross negligence on the part of an employee of the tourist offices or a sales partner selling tickets to a Circuit Secret. Liability applies only in the case of unlawful intent or gross negligence on the part of the supplier themselves.

Circuit Secret does not take any responsibility for third-party services offered by partner companies (example, refreshments when visiting the Circuit Secret or at the end of the tour).

8. Data protection

When booking a Circuit Secret, data is collected, stored and processed within the framework of the legal guidelines. Each buyer (individual participant or group of participants) wishing to undertake the Circuit Secret must complete and accept the GTC related to the “mobile access” door-opening app. When booking admission to one or more Secret Tours on www.circuitsecret.ch, the purchaser making the booking creates a personal account.

The web platform complies with the General Data Protection Regulation (GDPR) which came into force on 25 May 2018.

9. Newsletter

With the booking, the customer gives their agreement that the supplier sends them the electronic newsletter via email. The customer may unsubscribe free of charge from the newsletter at any time with one click, by following the corresponding online link in each email sent (“unsubscribe link”).

Only current offers relating to Circuit Secret® are featured in the newsletter.

10. Author’s rights

The copyright and all other rights relating to the Circuit Secret® brand and the tours offered by the cities: starting documents, maps, images, brochures and other materials, and content provided by the tourist offices managing the Secret Circuit, remain the property of the supplier in each case.

Any form of photocopying, duplication, reproduction, transmission and publication of ideas and concepts of the Circuit Secret, starting documents and/or other products originating from the existing Circuits Secrets is prohibited, whether electronic or non-electronic, and may be subject to legal and criminal prosecution.

11. Other general provisions

11.1. Safeguarding and exhaustivity clause

If any provision of the contract concluded between the seller and the buyer were to be invalid or become invalid, the validity of the other provisions of the contract would not be affected.

These GTC set out all the legal agreements established between the seller and the buyer. There is no ancillary clause with them.

11.2. Modifications to the GTC

If necessary, Jura Tourism reserves the right to modify these GTC at any time, without any obligation to announce this. A version of the GTC can always be consulted on the website and when concluding the purchase of tickets for a Circuit Secret.

11.3. Place of jurisdiction and applicable law

The contractual relationship between the seller and the purchaser is subject to Swiss law

The parties agree to make every effort to amicably resolve any dispute resulting from the interpretation, execution or non-performance of these GTC. If this conciliation fails, the exclusive place of jurisdiction is Porrentruy (place of exclusive jurisdiction for dealing with disputes arising from the contractual relationship).