General Terms and Conditions (hereinafter “T&Cs”) of Hochzeiger Bergbahnen Pitztal AG (hereinafter “Company”) for all legal transactions between the Company and third parties (hereinafter “Contracting Party”)
1. Scope of the T&Cs
1.1. The Company shall conclude all contracts with the Contracting Party based exclusively on these T&Cs, even if no reference is made to them in each individual case. Any other terms provided by a Contracting Party shall only apply upon separate, written agreement. If the Contracting Party sends the Company its terms and conditions, they shall waive any and all rights arising from them. In the event that any individual terms are deemed invalid, the remaining T&Cs shall still apply.
1.2. Any annulment, amendment or alteration of the T&Cs or any contracts between the Company and its Contracting Party shall only be valid if made in writing. This shall also apply to the reversal of this requirement for the written form.
1.3. The Contracting Party hereby notes that the Company’s agents are not authorized to make statements that contradict the Company’s present T&Cs or other declarations.
1.4. Verbal declarations shall only be effective insofar as they have been officially confirmed by the Company in writing.
2. Conclusion of the contract / prices / third-party representation
2.1. The Company’s offers are non-binding and subject to change, and may also be altered or retracted at any time after the Contracting Party has sent their response. All information in brochures, circulars, catalogues, advertisements, price lists, etc. is also non-binding.
2.2. If an order is undertaken by the Company without a prior quote or if services are provided those were not expressly included in the order, the Company may charge a suitable fee that corresponds to its current applicable price list or usual applicable fee.
2.3. The Company shall be entitled to fulfil the above obligations wholly or partly through third parties. Payments to third parties shall be borne exclusively by the Company. No contractual agreement of any kind shall exist between the third party and the Contracting Party.
3. Payment for and validity of ski passes / lift tickets
3.1. Ski passes/lift tickets (hereinafter both “Ticket”/”Tickets”) are personally and because of this non-transferable and must be ready for inspection within the control zone.
3.2. Tickets that are valid for up to 16 days shall be valid on consecutive days unless they are part of a special offer (e.g. option ski pass) with a different validity period; it is not possible to “pause” the validity of the Tickets for one or more days.
3.3. If a Ticket’s validity spans several days and more than one season (Winterstart, Saving tariffs or high season), a mixed price shall be calculated.
3.4. A deposit of € 2.00 is charged for the Key Card. Undamaged Key Cards in good working order and issued in the current winter season shall be returned to the ticket offices. In the case of pre-season Key Cards, there shall be no claim to a refund or reimbursement of the deposit fee.
3.5. Should a Ticket fail to work, this shall be reported immediately to the nearest ticket office. Subsequent complaints regarding the functioning and charges cannot be considered.
4.1. Refunds of ski passes only take place in the event of ski accidents, which must be certified by a doctor practicing in the ski region or by a nearby hospital. Refunds will be made if the ski pass and purchase receipt (stop number receipt) are immediately submitted to the cableway office. All days count as used until submission of the ski pass. If that is before 10.00 that day is not counted as used. It is not the date of accident which matters but the time of submission. A medical certificate can be produced at the latest the next day. For family members or accompanying persons, who have to leave early with the injured person, there will be no refund!
4.2. The purchase price for day tickets is non-refundable.
4.3. Bad weather, danger of avalanches, unforeseen departure, illness, interruption in lift service, closure of one or all lifts due to unfavourable weather conditions, closure of trails, overcrowding of ski pistes etc. shall not entitle ski pass holders to a refund.
5. Misuse of lift tickets/ski passes
5.1. The misuse or unauthorized sharing of Tickets shall result in revocation of the Tickets without compensation, plus a fine of at least € 92,-. The Company also reserves the right to report the offence to the police.
5.2. If the Company’s services are used without a valid Ticket, a fine of at least € 92,- will be levied in addition to the relevant transport fare. The Company also reserves the right to report the offence to the police.
5.3. The Contracting Party is required to carry proof of age when using discounted Tickets (e.g. for children, youth and Bambini’s). Failure to do so shall entitle the Company to charge the difference between the discounted and standard Ticket price.
6. Loss or replacement
6.1. Lost ski passes for 1 and 2 days will not be replaced. If a Hochzeiger ski pass is lost with at least 3 days validity, you will receive a replacement card against presentation of the purchase receipt (stop number receipt), payment a processing fee of € 5,- and a deposit of € 2,- for the new key card, for the remainder of its validity. The value of the lost card will not be replaced.
6.2. It is not permitted to subsequently replace, extend or postpone the validity of the previously booked or redeemed Ticket, and this shall also apply to season tickets (Gletscherpark Card Winter, Snow Card Tirol).
6.3. If lift and/or season tickets are forgotten or not on the holder’s person, they shall be required to purchase a day ticket, the cost of which shall not be refunded.
7. Performance and default
7.1. The place of performance for all of the Company and Contracting Party’s obligations shall be A-6474 Jerzens, Austria.
7.2. Bad weather, danger of avalanches, unforeseen departure, illness, interruption in lift service, closure of one or all cable cars and lifts due to unfavourable weather conditions, closure of trails, the overcrowding of ski pistes etc. shall not result in an extension of the period of performance, nor shall they entitle the Contracting Party to assert a claim against the Company on any legal grounds whatsoever.
7.3. Insofar as this is permissible by law, claims for damages due to default on the part of the Company are hereby excluded in all cases of ordinary negligence.
7.4. In the event that it is not possible to provide its services, the Company shall be released from all contractual obligations and shall not be subject to any claims for damages by the Contracting Party.
7.5. Use of cable cars and lifts and the choice of pistes may be restricted due to unfavorable weather conditions or on operational grounds.
8. Compensation for damage and liability
8.1. In the event of loss or damage, the Company shall only be liable for intent or gross negligence. Liability for ordinary negligence and compensation for consequential damage and financial loss, loss of interest, and loss or damage arising from third-party claims against the Contracting Party is hereby excluded.
8.2. Any damages awarded for claims asserted against the Company for liability, regardless of the legal grounds for doing so, shall be limited to the sum of the Company’s liability insurance cover.
8.3. The Company shall not be liable for damage or injury to piste users or the Contracting Party as a result of other parties’ misconduct. Particularly careless and dangerous skiing/riding and failure to respect barricades or other instructions shall entitle the Company to refuse to transport the Contracting Party in question.
9. The Contracting Party’s obligations
9.1. The terms and conditions of transport displayed at all valley stations shall form an integral part of the terms and conditions of transport. They apply to the transport of people and behaviour in the lift areas. The Contracting Party undertakes to comply with all terms and conditions of transport. Breach of the terms and conditions of transport shall have legal consequences in terms of liability.
9.2. The Contracting Party shall follow all FIS rules.
10. Purchasing vouchers and tickets in the online shop/ticket shop “ Starjack”
10.1. The Onlineshop is hosted from the company “Starjack”. The Terms of Conditions you can find at https://starjack.at/agb
10.2. Vouchers may be redeemed for the Company’s entire service range. It is not possible to exchange the vouchers for cash. Vouchers may only be redeemed at the Company’s ticket offices.
10.3. Lost vouchers will not be replaced.
10.4. If the value of a voucher exceeds that of the service purchased, a new voucher shall not be generated for the remaining credit.
10.5. Vouchers have no expiry date.
10.6. The price for vouchers does not include VAT. A VAT invoice can only be generated in accordance with the Austrian VAT Act upon voucher redemption and performance of the purchased service. ost.
10.7. The Contracting Party shall provide all relevant, correct and complete information requested upon conclusion of the contract. In the event that the Contracting Party supplies the Company with incorrect, incomplete or unclear information, it shall indemnify the Company against all costs and damage incurred by the Company as a result.
10.8. The value of each voucher shall be equivalent to the sum paid for the voucher.
10.9. Consumers’ right to cancel (does not apply to companies) / ONLINESHOP
If the consumer exercises their right to cancel within the appropriate period, their order shall no longer be binding. The date for exercising the right to cancel shall be the date on which the rescission notice or ordered items are sent back to the Company.
a clear statement (e.g. by registered mail, fax or e-mail) regarding their decision to cancel this contract. The consumer may use the cancellation form provided below, but this is not obligatory.
However, the right to cancel shall not exist if performance of the service concerned has already begun within the cancellation period. In addition, the purchase of season tickets or ski passes for a specific period of time shall not be subject to the right to cancel under Section 18(1) No. 10 of the Distance Selling Act.
Consequences of cancellation:
If this contract is cancelled, the Company shall immediately reimburse all payments made to it by the consumer, including all delivery costs, no later than 14 days from the date on which it receives notification that the consumer wishes to exercise their right to cancel. The Company shall refund any money owed to the consumer using the same payment method used in the original transaction, unless expressly agreed otherwise with the consumer. The consumer shall under no circumstances be charged a fee for this refund. The Company shall be entitled to withhold the refund until it has received the returned goods or the consumer has provided evidence that the goods have been returned, whichever is earlier.
The consumer shall return the goods to the Company immediately and no later than 14 days from the day on which they informed the Company of their desire to cancel the contract. The cancellation period shall be deemed to be observed if the consumer sends the goods back to the Company before this 14-day period expires. The consumer shall bear all costs directly arising from the return of the goods. The consumer shall pay the Company appropriate compensation for use of the product, including compensation for any associated loss in value.
END OF CANCELLATION INSTRUCTIONS
Sample cancellation form:
Sample cancellation form for consumers
If you wish to cancel this contract, please fill out the form below and send it back to us. Hochzeiger Bergbahnen Pitztal AG, Liss 270, 6474 Jerzens, Austria, Phone: +43 5414 87000 Fax: +43 5414 87000 74, E-Mail: email@example.com I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/performance of the following services (*):
Ordered on(*)/received on(*):
Consumer’s signature (only if submitted on paper):
(*) Delete as necessary.
11. Choice of law and place of jurisdiction
11.1. For all contracts concluded between the Company and the Contracting Party and for all claims arising from the legally valid existence or non-existence of this contract, it is hereby agreed that substantive Austrian law shall apply, excluding the provisions of Austrian private international law.
11.2. The exclusive place of jurisdiction for all legal disputes arising from this or future contracts between the Company and the Contracting Party shall be the court with jurisdiction rationed loci (A-6474 Jerzens) and rationed materiae. However, the Company may also pursue legal action against the Contracting Party in another domestic or foreign place of jurisdiction.
12. Data protection and data processing
We take the protection of your personal data very seriously. We process the personal data provided to us in accordance with the provisions of the EU General Data Protection Regulation (DSVGO) and the Data Protection Amendment Act. The Hochzeiger Bergbahnen have implemented appropriate technical and organizational measures in accordance with the data users, so that it can be ensured that no unauthorized access to the data provided. The processing of personal data takes place exclusively on the basis of a justification ground specified in Art. 6 (1) DSVGO, primarily for the purpose of providing the contractually guaranteed benefits and for the purpose of fulfilling various statutory obligations.
12.2. If personal data is provided, it shall be used to process queries and/or bookings, to provide other services, and to carry out administrative tasks.
12.3. The Contracting Party hereby agrees that their personal data will be stored and processed as necessary. The Contracting Party’s personal data shall be kept strictly confidential in the meaning of the provisions of the Austrian Data Protection Act.
12.4. The Contracting Party’s personal data shall not be sold or otherwise marketed to third parties. Their personal data shall only be forwarded or otherwise transmitted to third parties if this is necessary for business purposes or if it was previously consented to by the Contracting Party. The Contracting Party may withdraw their consent at any time. It may also be necessary to disclose personal data in order to comply with legal requirements or procedures.
12.5. Transportation shall take place after entry control. The Contracting Party’s place and number of entries shall be used exclusively for billing purposes and stored only insofar as this is necessary for performance of the contract.
12.6. The Contracting Party hereby notes that a reference photo shall be taken of the Ticket holder on their first use of a camera-equipped turnstile. This reference photo shall be compared by lift staff to each additional photo taken at camera-equipped turnstiles. This data application (Photo Compare) has been registered with the data protection authority and is entered in the data processing register.
12.7. The reference photo shall be immediately deleted upon expiry of the Ticket. The other, additional photos shall be deleted no later than 30 minutes after the Ticket holder uses the turnstile in question.
12.8. On explicit clients request the Hochzeiger skipass can also be issued without Photocompare-Option. For further information just ask at the cash point.
13. Other conditions
13.1. Should any terms of the present contract be or become invalid, or in the event that a legal loophole exists, the remaining terms shall be unaffected. In this event, to rectify the invalid term or omission, an appropriate term shall be agreed that, as closely as possible, reflects the content and rationale of the original agreement at the time that the term was agreed.
13.2. The Contracting Party may transfer its rights and obligations wholly or in part to a third party at any time. Any such transfer by the Contracting Party shall only be permitted with the consent of the Company.
13.3. The legal remedy of cancelling this contract due to error is hereby excluded.
13.4. Liability disclaimer for cards: Individual services to which the bearer of this card is entitled are provided by legally independent businesses. The business selling the card only acts as representative for the other businesses. As such, each individual business is responsible for the provision of individual services and for compensation in the event of any and all calamities.
13.5. Pistes are opened daily from 08:45 until 17:00. The usage of the pistes outside those times is dangerous (preparation with piste-maintenance vehicles, cable winding and so on) and forbidden! Please be careful when snow installations and piste equipment are being used.
13.6. Information about open slopes and cable cars can be found on the panorama boards at the valley and middle station. In avalanche danger levels permitted by the Avalanche Commission measures are strictly observed. The known information made, and drawn up on the slopes and at the lift stations warning signs, barricades and boundary markers are to be observed under all circumstances. Failure to comply with the immediate withdrawal occurs (lock) of lift pass! The responsibility of the skier requires a rational and risk-conscious behavior on all ski runs to not endanger themselves or others. In particular, the driving speeds to the terrain, the visibility, the snow conditions and particularly on their ability to be adapted to never lose control. Do not drive on forests to protect the young trees and wildlife.
13.7. The piste and rescue service and controlled only marked and open slopes. Our ski patrol office is located in the top station of the gondola Hochzeigerbahn. Accident hotlines are all lift stations or via phone +43 5414 87000-79. We ask in the interest of the victim to accurate indication of the accident site. The last inspection tour of the piste service will take place at 16:00. For rescue operations will be € 190,- charged.
13.8. Reduced ski passes (Bambinis, children, youth and Disabled) are invariably applied only on presentation of a photo ID! Please understand that our office personnel can make no exceptions to the tariffs.
13.9. Disabled with an official photo ID (from 60% reduced mobility) receive a 25% reduction on the adult tariff (except single tickets and ski passes already given reductions).
13.10. Retrospective exchange and the extension or alteration of validity terms is not possible. Cards not purchased at the offices and lost cards are stopped by the card readers. Misuse will result in the ski pass being withdrawn.
13.11. This T&Cs are a translation of the German version which is the effective form and will be used in any cases.
Version dated 31.03.2020