AGB

These are the General Terms and Conditions of Business (hereinafter: “GTC”) of Gletscherbahnen Kaprun AG. These GTC govern the contractual relationship between the partners of  the Salzburg Super Ski Card, the AllStarCard, the Ski Alpin Card and the Zell am See-Kaprun ski region, the Zell am See-Kaprun Summer Card and the natural and legal persons using the services of those mentioned above (hereinafter: “users”). The GTC relate to the use of the websites www.kitzsteinhorn.at and all sub-domains belonging to this domain, offering the season pass online sale of the Salzburg Super Ski Card, the AllStarCard and the Ski Alpin Card. They shall also apply in case you use the season pass online sale of the Salzburg Super Ski Card, the AllStarCard and the Ski Alpin Card on other websites enabling access to the www.kitzsteinhorn.at website in whole or in part.

Apart from that, the GTC shall also apply for all other services directly provided by Gletscherbahnen Kaprun AG, in particular transport with cable cars and lifts, the provision of services in the restaurants of Gletscherbahnen Kaprun AG and accommodation services by Gletscherbahnen Kaprun AG as well as other services.

1. Contract components

The contract comprises the following components:

  • These GTC
  • The officially approved conditions of carriage as displayed at the individual entrances to the cable cars
  • The FIS rules

We would like to point out that the offers of several companies are summarised here, and conclusion of the contract will result in the application of further GTC or other contractual terms and conditions of the AllStarCard, the Salzburg Super Ski Card, the Ski Alpin Card and the Zell am See-Kaprun Summer Card, which can be found on the following websites:

2. Contract conclusion

The electronic marketplace of the Salzburg Super Ski Card, the AllStarCard, the Ski Alpin Card and the Zell am See-Kaprun ski region is a marketplace where users can purchase season passes.

The cable car and lift companies joined in this network operate their cable cars and lifts as well as their ski slopes and routes autonomously and independently.

Gletscherbahnen Kaprun AG acts as representative of the participating cable car and lift companies, and does not become a party to the contracts which are exclusively concluded between the users of this marketplace and the individual service providers. The participating other cable car and lift companies are independent contractual partners of the user and are no vicarious agents of Gletscherbahnen Kaprun AG.

The contracts concluded via the www.kitzsteinhorn.at website are performed exclusively between the user and the service provider.

3. Special conditions for the electronic order process

Orders can be placed only after all mandatory fields in the booking window have been completely and correctly filled in. The user is responsible for correct entry of the data, and takes note of the fact that the order will fail in case of faulty entry.

3.1 CONTRACT CONCLUSION
The user takes note of the fact that the order process cannot be cancelled or revoked after accepting the General Terms and Conditions of Business and after pressing the “zahlungspflichtig bestellen” (buy now) button (subject to any rights of withdrawal according to the Austrian Distance Selling Act (FAGG).

3.2 DATA PROCESSING
The user expressly agrees that the data entered by them during the order process will be transferred to the database of Gletscherbahnen Kaprun AG and will be stored and processed by the latter. The user may submit the data using secure data connections (SSL) under their own responsibility. The companies involved will transfer the data – at least those required for payment processing – in any case via secure data lines. All companies involved in the order process are bound by the secrecy of telecommunications and the non-disclosure obligations of the Data Protection Act.

4. Information according to § 24 of the Austrian Data Protection Act (DSG) 2000 about “Photocompare”

It is pointed out that a reference photograph of the ski lift pass owner is taken for access control purposes when they pass a turnstile provided with a camera for the first time. The lift staff will compare this reference photograph with those photo-graphs which are taken when the person passes any other turnstiles provided with a camera. The reference photograph will be deleted immediately after the validity of the ski lift pass has expired, and the other photographs are deleted 30 minutes after passing any turnstile at the latest. It is pointed out that it is also possible to purchase ski lift passes which are config-ured in a manner that no photograph is taken when passing the turnstile, but these ski lift passes are subject to random checks by the lift staff.

  • Photocompare is not used in all lift facilities of the skiing area, but only at some particular entries (e.g. the valley station).
  • All data in connection with Photocompare will be stored in encoded form. No audio recordings are made.
  • Evaluation process
  • The Photocompare turnstiles at the entry points are equipped with card readers and cameras. When passing the turnstile, the ski lift pass will be read and a photograph is automatically taken. This photo will be compared with the reference photograph of the ski lift pass owner. This check will be carried out by the employee (lift employee) of the principal in a locked room next to the turnstile by performing the check in person on the screen. There is no automated image data matching, since this would be inadmissible.

If there is a match, there is no incident. If the human eye, i.e. the employee in the ski lift facility, has any doubts about whether the photograph just taken matches the reference photograph, he or she may trigger a suspicion case and therefore prevent the automatic deletion of the image data. It is ensured that all control photographs of the entry points will be auto-matically deleted within a few minutes (max. 30 minutes after taking the photos), as long as no incident has been triggered. If the suspicion cannot be substantiated in case of an incident, the photograph will be immediately deleted. The reference photograph taken during the purchase process of the ski lift pass is deleted directly after the end of the validity period of the ski lift pass.

The principal stores the access time and place of the ski lift pass exclusively for billing purposes with other skiing areas. No motion profiles whatsoever of the ski lift pass users will be created using the (image) data from the Photocompare system.

Alternative option:
Apart from Photocompare it is also possible to purchase a ski lift pass which can be configured in a manner that no photo-graph is taken when passing the turnstile. The reference photograph is taken at the ticket office and is stored on the ski lift pass, not in the Photocompare system. In such case, checks by the ski lift staff must be expected.

5. Service description, discontinuation of operations

Concerning the transport services using the lift and cable car facilities, Gletscherbahnen Kaprun AG is responsible for ensuring that at least part of the facilities is ready for operation. Naturally it is always possible that any part of the facilities be closed for maintenance purposes, due to interruptions in operation or for any other reasons. During the early and late sea-sons, a restricted offer of lifts and slopes must be expected in any case.

If any parts or all of the lifts and cable cars have to be shut down due to the snow and weather conditions or for any other reasons of force majeure, Gletscherbahnen Kaprun AG has nevertheless performed its service as contractually agreed. The operation of the lifts and cable cars can also be discontinued if the slopes cannot be accessed due to lack of snow. The risk of accidental impossibility of performance shall therefore be borne by the user. That means that the user cannot claim any refund of the fee.

This shall also apply accordingly for restaurant and other services, if they are not accessible due to operational restrictions.

6. Third parties

If users purchase the services of Gletscherbahnen Kaprun AG not for themselves but for their own account on behalf of any third party, the following shall apply:

The user is responsible for the behaviour of the third party. Therefore the third party is entitled to use the services of Glet-scherbahnen Kaprun AG only in accordance with these GTC. The third party shall in particular comply with the FIS rules, and according to Art. 14 may be excluded from use if these or any other provisions of the contract are violated. Gletscherbahnen Kaprun AG is not liable to the third party based on this contract, and any liability of Gletscherbahnen Kaprun AG based on a contract with protective effects for the benefit of third parties is also excluded. Only the direct contractual partner is covered by the protection of the contract with Gletscherbahnen Kaprun AG.

7. Close of operations

The contract of carriage with Gletscherbahnen Kaprun AG remains in force until the close of operations. The close of opera-tions is displayed in the timetables at the valley stations of the main lines. After the close of operations, the customers travels at their own risk. Liability for accidents after the close of operations is excluded to the legally permissible extent.

8. Using the booked services for season passes

The booked service of a season pass can be used in the applicable validity period after receipt of the data carrier or after putting the lift facilities of the participating skiing areas into service.

9. Delivery of season passes

The postal delivery period must be taken into account (usually 3 working days within Austria). We do not accept any liability for deliveries lost in the mail. Complaints shall be addressed exclusively to the point of sale of any of the participating skiing areas.

10. Special rates and authorisations

Special rates are granted only upon provision of identification.
Authorisation cards cannot be transferred.

11. Consumers – applicability of the GTC and with-drawal from the contract

Legal transactions with consumers as defined by the Austrian Consumer Protection Act shall be governed by these General Terms and Conditions of Business, unless they conflict with any mandatory provisions of the Consumer Protection Act. How-ever, any invalid provisions shall not be fully invalid, but shall be restricted to the still valid content which comes as close to such provisions as possible.

The consumer takes note of the fact that the services of Gletscherbahnen Kaprun AG which are the object of this contract – with the exception of the sale of vouchers and the purchase of merchandise items – are services provided in connection with leisure activities, and therefore any withdrawal from the contract is excluded even if the contract was concluded by way of distance selling acc. to § 18 para. 1 line 10 of the Austrian Distance Selling Act (FAGG). If the vouchers are used to purchase services provided in connection with leisure activities acc. to § 18 para. 1 line 10 of the FAGG, the right of withdrawal is excluded also with regard to the purchase of the vouchers.

12. Vouchers

Only persons aged 18 and over are entitled to make purchases in our online shop. Depending on the selection, the vouchers are either vouchers indicating a certain amount or vouchers indicating a particular service.

Vouchers are valid for a period of 5 years and must be redeemed during this period. Each voucher can be redeemed only once, which will be verified (barcode or voucher number).

If the voucher is purchased by electronic ordering, the relevant terms and conditions shall particularly apply (see 3).

13. Ski pass ticket system

All tickets are issued on key cards. The deposit for the key card is € 2.00. Please note that the skiing area cannot be entered using two valid cards, because otherwise the ticket system will book one day from each ticket. The undamaged key cards are taken back at all ski pass points of sale, the redemption machine at the valley station, the service network shops and in many accommodation establishments. The ski pass includes one ride up to the mountain per day, using the bottom section of the feeder lifts to the glacier. Other lift rides with the bottom section of the feeder lifts are possible only upon prior notification during the first ride up.

14. Card abuse and other contract violations by the user

Any abuse of ski passes /season passes including any use by third parties will be punished. This results in withdrawal of the ski pass / the season pass without refund, and charging of a penalty amounting to € 150.00. The right to file a criminal complaint is reserved.

The user is obligated to comply with the FIS rules and in particular not to jeopardise the physical safety of the other contrac-tual partners of Gletscherbahnen Kaprun AG or vicarious agents of Gletscherbahnen Kaprun AG.
In case of infringement of these contractual obligations, Gletscherbahnen Kaprun AG is entitled to expel the user from the ski slopes and refuse transport with the lift and cable cars for 24 hours. This will be done by blocking the ski pass or the season pass.

15. Important note

We are interested in your safety. Please understand that certain weather and operational conditions may result in sales and/or transport restrictions or shutdown of operations. The individual services the ticket entitles to use are performed by legally independent contractors. The contractor selling the pass only acts as a representative for the other contractors. Therefore only the individual contractor is obligated to perform the individual services and pay damages in case of possible incidents.

16. Expiry of the validity period

Unused days lose their validity and will not be refunded, compensated or credited.

17. Refund of ski passes

The unused skiing days can be refunded at the ticket offices in case of accident or illness for ski passes from 2 days, against immediate deposit of the ski pass and a medical certificate issued by a local doctor (can also be handed in later). When the ski pass is returned on the day of the accident until 10.00 a.m., this day will also be refunded. Please note that no refund is possible for day passes, because of weather conditions or operational restrictions.

18. Refund of season passes

Restricted refund of the unused skiing days at the ticket offices in case of accident or illness is possible for season passes against immediate deposit of the season pass and a medical certificate issued by a local doctor (can also be handed in later). One tenth of the purchase price is deducted for each completed week from the purchase date or after the first day of use (see GTC of the relevant ticket pool), and the difference is compensated. After expiry of 9 (nine) weeks after the purchase date or after the first day of use, no refund will be granted, regardless of the actual use.

19. Exchange and replacement of passes

The exchange, transfer to others, extension or postponement of the validity period is not possible. Lost and forgotten ski passes and season passes are not replaced.

20. Liability

Any liability of Gletscherbahnen Kaprun AG is considered only for incidents arising out of or during the operation and use of the cable car and lift facilities and ski slopes, snow parks and ski tracks of Gletscherbahnen Kaprun AG. There is no liability for incidents in the areas of the other cable car or lift companies.

Liability for damages caused by slight or gross negligence, except personal injuries, is accepted only to the extent and amount insured by the third-party liability insurance of Gletscherbahnen Kaprun AG. However, liability for gross negligence to consumers is not limited.

The user is aware that the types of sport exercised on the ski slopes and tracks of Gletscherbahnen Kaprun AG are activities involving a risk of injury. Therefore the user accepts the typical injuries suffered in this connection.

21. Conditions of carriage

The conditions of carriage as displayed shall apply. Please observe the instructions given by the cable car and lift staff.

22. Slope & rescue service

Please understand that any rescue costs in the secured skiing area will be charged. Our slope and rescue service supervises only marked and opened slopes. The open terrain is used at your own risk.

23. Restaurant services for groups and events

The final number of guests must be notified 2 working days before the event at the latest. If fewer guests than agreed show up at the day of the event, the final notified number of guests will be charged to the user.

Gletscherbahnen Kaprun AG is entitled to request reasonable advance payments or security deposits. The amount of the respective advance payment and its payment date shall be agreed in writing in the contract. In case of booking an event which is expected to exceed a value of goods of € 1000.00, payments on account of 50% of the calculated costs will be charged with a preliminary invoice.

If the booking is cancelled completely and Gletscherbahnen Kaprun AG is not responsible for such cancellation, the following cancellation fee must be paid in principle, which is based on the previously calculated costs:

  • Cancellation 0 – 1 days   100%
  • Cancellation 2 – 4 days  75 %
  • Cancellation 5 - 10 days  50 %
  • Cancellation 11 – 20 days  20 %
  • Cancellation up to 20 days before the event  free of charge
24. Training grounds

The provision of training grounds by Gletscherbahnen Kaprun AG takes place only after separate written training agreement. This training agreement to be concluded shall be governed by these GTC in a subsidiary way.

25. Place of jurisdiction and applicable law

Unless mandatory statutory provisions provide otherwise, the place of jurisdiction agreed for any disputes arising from this contractual relationship shall be Zell am See. Disputes arising from this contractual relationship shall be governed exclusively by Austrian law (excluding the CISG).