General terms & conditions
Version from May 1st 2020
Definitions
- „Bergbahn“: Bergbahn Buchensteinwand Pillersee GmbH, FN 35330 g
- „Guest“: is an individual who buys a lift ticket or a vouccher of the Bergbahn or uses another service of the Bergbahn. Guets are also those persons who arrive togehter with the contracting party, e.g. family members, friends, etc.).
- „Contracting party“: is a domestic or forgeign individual or legal person that concluded a legal agreement as guest or for a guest.
- „Participant“: is a guest who uses a sports facility of the Bergbahn.
- „Consumer“ and „entrepreneur“: these terms shall be construed as defined by the 1979 idgF Consumer Protection Act (Konsumentenschutzgesetz) as amended.
Scope of application
- The GTC govern the legal relationship between the Bergbahn and the guests or the legal relationships between the Bergbahn and her contracting parties.
- For the purchase of lift tickets and vouchers (regardless of the respective „booking channel“ [Online, lift ticket desk, etc..]) and generally in connection with the use of facilities of the Bergbahn, the current GTC exclusively apply, which the guest accepts by submitting the order or purchasing lift tickets/vouchers at lift ticket desks or other sales points. In addition, the respective conditions of carriage, approved by the cable car authority and the price lists of the Bergbahn are applicable.
- The current version of the GTC is always available at http://www.bergbahn-pillersee.com and is posted at the lift ticket desks.
- The offers and services related to the purchase of a lift ticket / voucher are only valid on the basis of these GTC.
Conclusion of the contract and contracting party
- Lift tickets or vouchers can be purchades at the ticket desks of the Bergbahn.
- The Bergbahn is the operator of the ski area "Buchensteinwand", located in the municipalities of St. Ulrich am Pillersee, St. Jakob in Haus and Hochfilzen.
- The Bergbahn is entitled to appeal to vicarious agents.
- Depending on the capacity utilization, the Bergbahn reserves the right to suspend the sales of lift tickets on certain days.
Prices and discounts
- The current prices of the various facilities/services can be found on the price list of the Bergbahn or online at http://www.bergbahn-pillersee.com. Price changes reserved, especially for special events.
- All prices quoted are in Euro and include the statutory VAT. Payment must always be maid in advance. Accepted payment methods at the lift ticket desks: cash in Euro, debit card (Maestro), credit card (VISA, Mastercard, AMEX).
- For the key cards a deposit is charged per lift ticket. Upon return of the undamaged key card the deposit will be refunded. The key cards can be returned at all lift ticket desks.
- Reductions (e.g. children, youth, family) are granted without exception only upon presentation of official photo ID's Please understand that our cashiers are not allowed to make exceptions.
- If offered reductions are claimed, the upright entitlement to claim must be proven by appropriate official documents.
- Unlawfully used discounts result in the revocation of the lift ticket. We reserve the right to press charges.
- Discounts and win promotions are not valid for season tickets.
Non-transferable, refund, loss
- Lift tickets are personal and non-tranferable. Abusive use of lift tickets or deregulation of services will be prosecuted ad reported to the relevant authorities. Any abuse will result in immediate revocation of the lift ticket. Do not buy lift tickets from third parties - these may be blocked!
- Lift tickets and vouchers are excluded from exchange. Also a cancellation or a subsequent extension/postponement of the validity of lift tickets is not possible.
- A refund of the paid ticket price will only be made in the event of a sports accident in the Buchensteinwand ski area. Upon presentation of the operational record of the piste rescue team, the lift ticket of the victim is refunded at the ticket desks (no refund for accompanying persons). The unused days will be refunded from the day after the accident. Day tickets are not refunded. In case of refund, the recovery and care costs of the piste rescue team are deducted immediately according to the operation protocol / invoice.
- In the event of (in particular) bad weather, force majeure, danger of avalanches, unforeseen departure, injury/illness, business interruption, suspension of operations (of individual or all installations) due to weather conditions, closure of ski slopes/hiking trails, etc., overcrowding of slopes and car parks, no claim to (partial or full) refund or extension of tickets can be made. Furthermore, in the early and late season, a limited supply can be expected, from which no claim to (partial or full) refund can be derived. (In the region Buchensteinwand Bergbahn Pillersee GmbH, the general terms and conditions of the 3 Länder Freizeit-Arena also apply)
- The operation of some facilties during or at the end of the season (e.g. due to the snow conditions) or the operation of the bus services at the end of the season remains reserved. Again, there is no refund / price reduction.
- No refund or replacement in care of loss of lift ticket or voucher.
- If lift tickets (such as season tickets) are forgotten, a corresponding day ticket must be purchased. No refund possible.
Contractual terms
- The use of the services/facilities of the Bergbahn is only permitted with a valid lift ticket (on contactless data carriers [„Keycard“]). For the „Jakobskreuz“ a separate admission ticket must be purchased.
- By using the services/facilities of the Bergbahn, the guest agrees with the current GTc, the respective conditions of carriage, the instructions at the entrances to the lifts and the valley stations as well as with the FIS rules. In the event f a gross violation of these regulations or the event of refusal of instructions issued by the staff of the Bergbahn, the guest may be deprived of the lift ticket without being reimbursed for the paid ticket fee.
- When making use of the services/facilities fo the Bergbahn, the guest is obliged to (during the entire validdity period) take his lift ticket with him and show it upon request of the Bergbahn staff.
- In the winter season, the lift tickets are valid for all open facilities within the Buchensteinwand ski area. In the summer season, the „normal“ (also multi-day) lift tickets are valid for all open facilities in the hiking area of the Bergbahn (not in other hiking areas).
Special terms for events
- The Bergbahn also organizes events (e.g. concerts, sports- and cultural events). Access to these events ist partly free for holders of lift ticket, sometimes separate admission tickets are sold.
- Guests of the events must adhere to the house rules, the communicated rules of conduct and instructions. Failure to comply with these regulations/instructions, brawl, drunkenness, drug abuse/possession/dealing, pollution, disturbance of peace, disturbance of public decency etc. may deny the guest access to the event location (without refund of any ticket price) or may be relegated.
- A refund of paid tickets will not take place (no right of cancellation).
- The production of sound, image or film recordings for commercial purposes is not permitted.
- If an event has to be canceled or terminated for reasons of force majeure (e.g. bad weather, other environmental influences, illness / prevention of artists, etc.), there is no entitlement to the performance of the event and no refund of any paid ticket prices. A reimbursement for any additional expenses of any kind (e.g. travel costs, accommodation costs, etc.) is excluded.
- If an event has to be canceled for reasons for which the organizer is responsible, there is no entitlement to the performance of the event and paid ticket prices are refunded. A reimbursement for any additional expenses of any kind is excluded. The guest must apply for the refund of paid ticket prices no later than one month after the scheduled date of the event; thereafter no refund will take place.
- In the event of postponement or termination of an event after it has commenced (or after the provision of ancillary services or supporting program), no refund will be made and no damages will be claimed (analogous application of point 8).
- If no separate fee is payable for attending an event (e.g. because holders of a lift ticket can participate for free), any claims for damages and warranty claims are not accepted in the even of cancellation, postponement or change of the event.
- For personal belongings of the guest (including skis, snowboards, etc.) no liability is accepted.
Exclusion of liability
- Claims for damages of the guest can only be made in case of intentional or grossly negligent causation caused by the Bergbahn.
- This restriction does not apply to the compensation of damages to persons as well as to compensation claims according to the EKHG or the product liability law.
- In principle, only the respective service provider is liable for damages incurred in connection with the use of third-party services.
- The Bergbahn is not liable for damage caused by other slope users or other third parties
Place of performance, place of jurisdiction and applicable law
- The Austrian law exclusively applies to this contract. with the exception with the exception of the reference norms of international private law. The place of performance is the location of the Bergbahn in A-6393 St. Ulrich am Pillersee.
- Outside the scope of application of the EuGVVO and the KSchG, disputes arising from this contractual relationship are the exclusive responsibility of the Austrian court with jurisdiction for the location of the Bergbahn.
- Place of performance for all services of the Bergbahn (including voucher purchase) is A-6393 St. Ulrich am Pillersee.
Miscellaneous
- Deviation from or additions to these GTC must be in writing to be valid. This also applies to deviation from the written form
- A change or revision of these GTC is possible at any time. A change or revision of these terms and conditions is possible at any time. The terms and conditions then apply from the day following on the new publication on the website http://www.bergbahn-pillersee.com.
- The invalidity of one or more provisions of these GTC or the contractual relationship to which the GTC apply, shall not affect the validity of remaining agreement. The contracting parties undertake to replace the ineffective provision (s) with one that is as close as possible to the economic result.
