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General terms of business


GENERAL TERMS OF BUSINESS

General definition
The electronic marketplace of ski passes for the Zell am See/Kaprun region, the Salzburg Su­per Ski Card season ticket and the Kitzbühel Alps All-Star Card is a marketplace where users can purchase ski passes and season tickets. The Schmittenhöhebahn AG company, as repre­sentative of the participating cablecar and ski-lift companies, does not become partner to the contracts which are concluded exclusively between the user of this marketplace, as a purchas­ing station, and the respective provider. Schmittenhöhebahn AG is merely the mediator for these services. Also if a contract has been concluded via this website, fulfillment is executed exclusively between the user and the service provider.

Special terms for electronic ordering:
Ordering is possible only after all required information has been entered completely and cor­rectly in the mandatory spaces of the booking window. The customer is responsible for the entry of correct information, particularly the serial number of the ticket, and understands that the ordering process will not function if incorrect information has been supplied.

Concluding the contract
The customer understands that the ordering process cannot be cancelled or retracted after the “Acceptance of General Terms of Business” and the “Execute payment” keys have been pres­sed.

Utilisation of booked services.
The services which have been booked can be utilised, at the earliest, 30 minutes after receiv­ing E-mail confirmation and the KeyCard has been loaded and/or upon receipt of the ticket itself, as of the start of validity period of the ski pass or season ticket and after the lifts con­tracted have begun operations in the respective ski area, at the earliest. In the case of season tickets, the required postal delivery time must be taken into consideration. We assume no li-ability for deliveries which have gone astray or have been lost in the postal system.
An electronic acknowledgement that your order has been fulfilled (E-mail confirmation) serves as the only reliable proof of the reservation which has been made. Thus, the customer must keep it in his/her possession and show it, together with the booked ticket, to the person­nel of the respective ski lift company, in case of complaints or claims.
The customer understands that due to the necessary data transfer via the Internet and other forms of data supply, problems in clearing the ski pass may occasionally arise, which how­ever, cannot lead to any legal claims, insofar as the use of the respective lifts is assured and can be provided by the lift companies through other means.
Customer complaints and claims must be directed solely to the place of purchase. In case of problems in ordering, delivery or any other difficulties, we are available to assist you from Monday through Friday, 8:00 am – 4:30 pm. Please do not hesitate to contact us at Tel. No. ++43/(0)6542/789-0.

Data processing
The customer accepts that the information submitted for purposes of processing the order and payment can be passed on to the company’s own database, then stored and processed in that database system.  
The customer also has the option of submitting the required information via a safeguarded data transfer (SSL) insofar as the customer arranges this safety measure himself. The data transfer by the respective company, at very least for payment details, is executed via safe­guarded data transfer.
The customer declares his/her express agreement with the submission of the invoice to the payment system and - following the approval of online payment - with the debiting of the payment due as a one-time-only charge by the credit card company.
All companies which participate in the ordering process are subject to the telecommunications confidentiality provisions and general confidentiality provisions of the data protection laws.

 

Legal venue/applicable laws
The legal venue for any and all disputes which may arise from this contractual relationship is Zell am See, insofar as no other legal regulations oppose or contradict this. Only Austrian laws are applicable and valid for disputes which arise from this contractual relationship.

Users/Consumers
For all legal business with users, as defined by Austria’s consumer laws, these General Terms of Business and Delivery are valid and applicable, as long as they are not contradicted by o­ther valid regulations of the consumer laws. Should this occur, however, these business terms are not invalid in their entirety, but only to be reduced to the nearest possible valid contents. 
In particular, consumers/users are entitled to withdraw from/cancel the contractual agreement which has been initiated via distance selling through us (via E-mail, Telefax, WWW, etc.) and subsequently concluded with us, within a period of seven working days (Saturdays excluded) in accord with Article 5e of the Consumer Protection Laws (KSchG), insofar as none of the exceptions to the right of cancellation/withdrawal, as defined in Article 5f of the Consumer Protection Laws (KSchG), are applicable. In order to be valid, the right of withdrawal must be exercised in writing and addressed to Schmittenhöhebahn AG, Schmittenstrasse 119, A-5700 Zell am See, Austria (http://www.schmitten.at/de/service/impressum/). It is sufficient if the postmark within the requisite period of withdrawal is visible on the communication of with­drawal. In case of withdrawal, the customer must return anything received and pay Schmit­tenhöhebahn AG appropriate compensation for its use. Schmittenhöhebahn AG must then, in its turn, refund any payment which it has received. The costs for the refund must be borne by the consumer/user.

IMPORTANT INFORMATION
Extract of the general terms of business

Ski pass sales, schedule of operations
Schmittenhöhebahn/TrassXpress: daily 8:15 am - 4:30 pm or 5:00 pm cityXpress: daily 8:15 am - 4:30 pm or 5:00 pm, Saturdays until 6:00 pm Areitbahn: daily 8:15 am - 4:30 pm or 5:00 pm, Saturdays until 6:00 pm

Credit cards & Cash cards
Credit cards (Visa, MasterCard, Diners Club, American Express) and cash cards (Bancomat) are accepted as means of payment.

Certificates
Any verification for reduced tickets has to be shown at the point of sale/to be kept in evidence in case of ticketcontrol.

Ticket system
All tickets, except for baby lifts in the valley areas as well as single-tickets in summer, are issued as a KeyCard. The required KeyCard deposit is € 2.–. Undamaged KeyCards can be returned to any point of sale, any KeyCard return machine, to any of the service network shops or to many participating hosts.

No-touch entry with 2 KeyCard
Do not enter any area with two valid tickets. If you do, one day will be charged to each ticket.

Period of validity
Your ticket is valid during the published operating hours of the respective ski area. In case of technical difficulties, storms or extraordinary weather conditions, lack of snow, etc. or in case of threatening congestion of the ski area, we reserve the right to close a given area or ski run and/or to permit a contingent to enter and/or to stop sales of tickets. In such a case, no claims for a refund, replacement or extension are honoured. 

Expiration of validity
Days on which the area have not been utilised lose their validity. They are not refunded, replaced or credited in any way.

Abuse
Any and all abuses of the use of tickets, including use by another person, will be punished. The result: withdrawal without replacement of the ticket, a fine (financial penalty) plus the price of a day ticket/up- and down-ticket of the Schmittenhöhebahn AG will be charged. We reserve the right to press criminal charges.

Refund of tickets (as of 2 days)
Refunds for unused days in the event of accident or illness for tickets valid for a min. of two days are possible if the ticket is immediately returned to one of the ticket windows along with a medical certificate of a local doctor.
Information concerning refund of season passes: Upon expiration of 9 (nine) weeks after the day of purchase, refunds will no longer be issued regardless of the actual use.
Please note: no refund due to inclement weather or limited operating conditions.

Exchange of tickets & ticket replacement
Exchange of tickets, ticket transfer to another person, extensions of validity and postponement of the period of validity are not possible. Tickets which have been lost or forgotten are not replaced. The loss of a season ticket can be reported to any ticket window. Upon identification proof, the season ticket is cancelled and a new one reissued one day after the report of loss at earliest, after payment of a processing charge of € 10.00 or € 15.00. Every ticket holder must safeguard the ticket in such a way that others have no access to it. 

Skibus
Use of ski buses in Zell am See and Kaprun and between both regions is free with a valid ski pass (labeled BUS) in your ski equipment; in Zell am See, it is also possible with a ski deposit key or sticker. For Ski Alpin Cards, Salzburg Super Ski Cards and Kitzbühel Alps All Star Cards, the regulations of each respective ski area are applicable.

General terms of conveyance
The general terms of conveyance for each lift system used are published and/or posted. They are mandatory for all users of the lift system. In order to avoid endangering others, all the instructions of lift system personnel must be heeded without exception. In case of non-compliance, the ticket is withdrawn.

Important notice
We make great efforts to insure your safety. We request your patience in case sales limitations or conveyance reductions occur due to extraordinary weather conditions or operational circumstances. The individual services to which a ticket entitles its owner are provided by companies which are legally independent of one another. The company which sells the ticket is only the representative of the company responsible for supplying the services. Thus, only the respective company is responsible for providing the actual services; only that company is liable for claims or damages in case of incidents.

Rescue service
Please note that a rescue fee will be charged (depending on the time and effort involved). Our ski patrol and rescue service supervises only marked and open slopes – other areas used at your own risk!

Closure of runs
Please consider the operating hour of the lifts and cable cars – on the notice board. Outside the operating hours the slopes are closed and will be carefully preperated. In this time the skiing area is not organized and there is no protection of danger. Take care of track grooves, winch ropes, bare cables and hoses of snowguns.

Photo requirement-privacy protection
By purchasing a ticket under a specific name (e.g. season tickets/flexible passes), the card holder implicitly agrees to automated registration of personal data. The customer understands and agrees that such information is electronically compiled in order to monitor for card misuse, as well as for the purpose of customer service.  As soon as this information is no longer required, and no later than three years after the last customer contact, it will be deleted. By purchasing the ski pass, the card holder consents to a photo being taken, stored and utilized at card-issuing points and entrances for control purposes, in order to avoid misuse of passes.  If the pass is used in accordance with contractual conditions, such data will be deleted upon expiration of the ticket.