Terms and conditions

Terms and conditions of use https://www.berninarailway.com/

The service is operated by In Valtellina srl.

General information
All information and services provided on the website are intended exclusively for private use and for information purposes. In Valtellina srl reserves the right to limit the operating times of the website and to block access temporarily, without advance notice, if there are technical grounds for doing so. In addition, all website content may be subject, in part or inwhole and at any time, to amendment, addition or removal. Furthermore, In Valtellina srl reserves the right to amend these conditions of use at any time. Should any of the individual provisions of these terms and conditions of use be ineffective, this shall have no effect on the validity of the remaining provisions. Each user shall be personally responsible for consulting these terms and conditions of use regularly, in order to be aware of any amendments that might have been made

Limitation of liability
In Valtellina srl makes every effort to ensure that all content on this website is complete, up to date and error-free. It cannot, however, accept any liability whatsoever for the accuracy, completeness or current nature of the information provided on the website (with particular reference but not limited to, timetable, fares and price lists, or similar). Inaccuracies, omissions and typographical errors cannot be ruled out. In Valtellina srl can accept no liability whatsoever for loss or damage (including subsequent or secondary loss or damage) arising from access to elements on the website and/or the use of information contained in them. No liability will be accepted for failures of any kind (disruptions,
outages, viruses, etc.) relating to Internet usage. Visits to the website and use of the information and services contained therein take place at the user’s own risk and under his or her responsibility.

Privacy policy
This privacy policy applies to In Valtellina srl with its registered office in Italy, via San Carlo 5, Tirano, registered in the commercial register of Sondrio province with the number 00931240147. This privacy policy informs you what data we process about you and why we need this data, which is handled confidentially. Protecting your identity and privacy is important to us. We guarantee that your personal data will be processed in compliance with the law and in accordance with the applicable provisions of data protection legislation.
Our company sets an example for the trustworthy handling of your data by adhering to the following principles:

– We will not sell your data.

Your data will not be disclosed to any third party and used only to issue and send you your tickets and/or seat reservations.

– We guarantee the security and protection of your data.

Our company guarantees the careful handling of your data, as well as its security
and protection.

What data is stored and what is it used for?
For contractual reasons, we require personal information when customers order or purchase certain services and products online in order to provide our services and process the contractual relationship. For example, when customers buy a season ticket or a single ticket. When personalized services are purchased, we collect the following data:
– Name, e-mail address of the person buying or travelling
– Other information such as date of birth
– Means/method of payment
– Consent to the General Terms and Conditions
In order to fulfil contractual obligations, we also collect data on the services you have purchased (“service data”). Depending on the product or service, this includes the following information:
– Type of product or service purchased
– Price
– Place, date and time of purchase
– Travel date
– Place of departure and destination

Data generated when purchasing services is stored in our database and processed for the purpose of issuing tickets and/or seat reservations. In addition, the data is used as part of ticket inspection to identify the holder of a personalized ticket and to prevent misuse. The data is also used to provide our after-sales service in order to identify and support you in the event of concerns or difficulties and to process any claims for compensation.

In the event of misuse
The passenger or contractual partner acknowledges that if any misuse or falsifications are discovered, the transport service providers are authorized to provide all internal departments affected by the misuse and other transport service providers with the relevant personal data so that misuse can be ruled out or confirmed and further misuse prevented.
According to the Federal Act on Passenger Transport (PBG), different time limits apply to the processing of the aforementioned data. The data is deleted as soon as it is established that the data subject has not caused any loss of income, and after two years if the data subject has paid the supplements and has not demonstrably travelled without a valid ticket during this period. The data may be retained for a maximum of ten years if it is necessary for the enforcement of claims against that person.
Insofar as the EU GDPR is applicable, Art. 20a of the Federal Act on Passenger Transport

(PBG) and Art. 58a of the Ordinance on Passenger Transport (VPB) form the legal basis for this processing of personal data.

When using the website www.berninarailway.com
When you visit our website, the servers of our hosting provider temporarily store each access in a log file. The following technical data is collected:

– IP address of the requesting computer
– Date and time of access
– Website from which access was made, possibly with the search word used
– Name and URL of the retrieved file
– Performed searches (timetable, general search function on website, products, etc.)
– The operating system of your computer (provided by the user agent)
– The browser you are using (provided by the user agent)
– Device type in the case of mobile phone access
– Transmission protocol used

This data is collected and processed for the security and stability of the system and for error and performance analysis as well as for internal statistical purposes and enables us to optimise our website. In addition, this allows us to design our website to be target- group-specific, i.e. to provide targeted content or information that may be of interest to you.

The aforementioned information is not linked to or stored with personal data. The IP address is also used to preset the language of the website. In addition, it is evaluated, together with other data, in the event of attacks on the network infrastructure or other unauthorised or improper use of the website for clarification and defence purposes, and, where necessary, is used in criminal proceedings to identify the perpetrators and in civil
and criminal proceedings against the users concerned.

Finally, when you visit our website, we use cookies as well as applications and tools that are based on the use of cookies. For more information, please refer to the sections on cookies, tracking tools, advertisements and social plug-ins in this privacy policy. Insofar as the EU GDPR is applicable, our legitimate interest forms the legal basis for this processing of personal data. In the case of third-party websites that are linked to our website, no liability is assumed for compliance with data protection regulations.

When using a contact form You have the option of using a contact form to get in touch with us. The following personal data must be entered:

– Title
– First name*
– Last name*
– Street
– Postcode

– Town/city
– Country
– Telephone
– E-mail address*
– Topic*
– Subject*
– Message

We use this and other data entered voluntarily (such as title and email address) only in order to be able to respond to your enquiries in the best possible way and in a personalized manner. Any voluntary information about how you became aware of our offer will also be used for statistical purposes internally. Insofar as the EU GDPR is applicable, our legitimate interest and the necessity to perform the contract form the legal basis for this processing of personal data.

Google Analytics
Our website uses Google Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA and Google Ireland Limited, Gordon House Barrow St, Dublin 4, Ireland. Google Analytics uses methods that enable an analysis of the use of the website, such as cookies (see below “What are cookies and when are they used?”). The information generated by a cookie about your use of this website, as described above, is transmitted to and stored on servers operated by Google, a company of the holding company Alphabet Inc., in the USA. Before this data is transmitted to locations within the member states of the European Union or other states  hat are party to the agreement on the European Economic Area and Switzerland, the IP address is truncated through this website’s IP anonymisation process (“anonymizeIP”). Google will not associate the anonymised IP address transmitted by your browser through Google Analytics with any other data held by Google. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. In cases
such as these, we use contractual guarantees to ensure that Google Inc. maintains an adequate level of data privacy. The information is used to analyse the use of the website, to compile reports on the activities on the website and to provide other services related to the use of the website and the use of the Internet for the purposes of market research and tailored design of the website. This information may also be forwarded to third parties where required by law or if third parties have been commissioned to process this data. Under the terms of Google, under no circumstances will the IP address be used in connection with other data relating to the user.
Users can prevent Google from collecting and processing the data generated by the cookie relating to their use of the website (including their IP address) by downloading and installing the browser plug-in from the following link: https://tools.google.com/dlpage/gaoptout?hl=en-GB

What are cookies and when are they used?
Cookies are small files that are stored on your computer or mobile device when you visit or use one of our websites. Cookies store certain settings via your browser and data about the exchange with the website via your browser. When a cookie is activated, it can be assigned an identification number that identifies your browser and uses the information contained in the cookie. You can define a setting in your browser so that a warning appears on the screen before a cookie is stored. You can also opt out of the advantages of personal cookies. Certain services cannot be used in this case.
We use cookies to evaluate general user behaviour. The aim is to optimise our digital presence, which should be made easier to use and the content more intuitive to find. The digital presence should be able to be set up and structured in a more comprehensible way.
It is important to us to make our digital presence user-friendly according to your needs.
This allows us to optimise the website with targeted content or information on the website that may be of interest to you.
Most web browsers accept cookies automatically. However, you can configure your browser to block cookies or issue a warning message whenever a new cookie arrives. The following sites explain how to configure the processing of cookies:
– Microsoft Windows Internet Explorer
– Microsoft Windows Internet Explorer Mobile
– Mozilla Firefox
– Google Chrome for Desktop
– Google Chrome for Mobile
– Apple Safari for Desktop
– Apple Safari for Mobile

Deactivating cookies may mean that some of the functions on our website will not wor properly. Our legitimate interest forms the legal basis for the data processing described above.
Data security
We use suitable technical and organisational security measures to protect your personal data stored by us against manipulation, partial or complete loss, and unauthorised access by third parties. Our security measures are continuously improved in line with technological developments. We also take internal company data protection very seriously.
Our employees and the external service providers commissioned by us have undertaken to maintain confidentiality and to comply with data protection regulations. We take reasonable precautions to protect your data. However, the transmission of information via the Internet and other electronic means always entails certain security risks and we cannot guarantee the security of information transmitted in this way.

Links to other websites
Certain links on this website allow the user to access sites that are outside the control of In Valtellina srl. In Valtellina srl shall accept no liability whatsoever for the content, products and/or services offered by these external websites. The corresponding links are provided only for the user’s convenience and for the purposes of information. Users access the information provided via these links at their own risk and under their own responsibility.

Cancellations and Refunds
Cancellations of the electronic tickets and the seat reservation is possible only until the workday prior to the trip (a workday is defined as any day between Monday and Friday – Italian national/local holidays excluded – prior to the date chosen for the trip and shown on the tickets, within the opening times of 09:00-13:00 [GMT+1]). Any cancellation request made outside of this time slot will be dealt with on a case-by-case basis.
The request must be made by email at tickets@berninarailway.com, preferably as an answer to the email we sent containing the tickets, containing the request, the ticket or its number, and the motivation for the cancellation.
If the request is accepted, a refund will be issued on the card used for the payment, for the amount paid minus a cancellation fee (15€ + the online fees related to the tickets,
corresponding to 4% of the amount paid). Once confirmed, the refunded amount will be received 5-10 days’ time, depending on the bank).
In case of refunds due to errors on the tickets themselves (regarding the travel date, class type, train line), defined as discrepancies between the order made on this site and the electronic tickets received – non applicable if written communications with the customers explaining these discrepancies exist – the cancellation fee will only consist of the online fees of 4% of the total amount paid.

Applicable law and place of jurisdiction
All and any disputes that might arise between visitors/users of the website and In Valtellina srl with respect to the use of the website shall be subject to the exclusive jurisdiction of the courts of law of the registered place of business of In Valtellina srl in Tirano, Italy. The laws of Italy shall apply exclusively.

By purchasing tickets/seat reservations on our site, your declare your unconditional agreement to the conditions above

© In Valtellina srl, October 2023

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