General Business Terms ALPIN CARD
Extract of the general terms of business
1. General information and scope of services
ALPIN CARD is a product of the www.alpincard.at participating lift and ropeway companies listed on the website and applies in the regions listed on the website (“the Regions“). The term ALPIN CARD comprises the products “365 Action ALPIN CARD“ (i.e. an annual pass, including transport of sports equipment according to the General Terms and Conditions of Transport, even during the summer season), “365 Classic ALPIN CARD“ (i.e. an annual pass, entitling the holder to use the lifts and ropeways without transport of sports equipment during the summer season) (the 365 Action and 365 Classic ALPIN CARD will hereinafter be referred to as the ALPIN CARD annual passes), “Hike ALPIN CARD“ (i.e. summer season ticket not including the transport of sports equipment according to the General Terms and Conditions of Transport) (hereinafter referred to as ALPIN CARD summer season ticket), “Ski ALPIN CARD“ winter season ticket (i.e. the ski pass for the winter season) and the “Ski ALPIN CARD“ ski passes (these are ski passes valid for 1 to 31 days during the winter se-ason) (hereinafter all jointly referred to as “ALPIN CARD”). The ALPIN CARD may either be acquired online through one of the websites of the participating lift and ropeway companies or directly from the participating lift and ropeway companies during their opening hours. These GTC shall apply in any case. The contract partner of the customer for the purpose of the ALPIN CARD are the partici-pating lift and ropeway companies.
Depending on the product, ALPIN CARDs entitle customers to use the facilities and slopes operated by the participating lift and ropeway companies to the extent permitted by the product during their operating and office hours in the relevant season (excluding any special tours outside the normal operating hours) and to use the local ski bus (insofar as such is organised by the participating lift and ropeway companies). During the summer season, the lift and ropeway companies restrict the ope-ration of the lifts and ropeways to those published on the website of the relevant lift and ropeway companies . The lift and ropeway companies operate their ropeway and lift systems as well as their slopes and summer systems independently and under their own responsibility.
2. Contract conclusion
[1.] Customers placing online orders on the websites of the participating lift and ropeway com-panies need to complete, fully and correctly, all mandatory fields in the booking window and must explicitly accept the GTC by using the application provided in the booking window. Customers ente-ring incorrect data might lose their entitlement to use the cards and be excluded from transportati-on, without replacement. ALPIN CARD annual passes, ALPIN CARD winter & summer season tickets as well as Ski ALPIN CARD ski passes valid from 8 to 31 days can only be booked by providing a cur-rent photo. Customers are obliged to immediately report changes of their contact data (name, ho-me address, email address). When customers enter the data and click on the “Buy now” button, they place a legally binding offer for the conclusion of a purchase agreement for ALPIN CARD. The acceptance of such purchase offer remains explicitly reserved. The companies are not obliged to accept the customer’s offer. Customers will receive an email, not later than within 10 days, at the address specified by them, informing them whether their purchase offer was accepted. The regula-tions apply, mutatis mutandis, when they buy any ALPIN CARD at the offices of a participating lift and ropeway company; with the proviso that any customer who is a consumer as defined in the KSchG [Austrian Consumer Protection Act] will be entitled to a right of withdrawal for online purch-ases; the information on their right of withdrawal and a form for the purpose of withdrawal are provided as links on the website of the participating lift and ropeway companies.
[2.] The services included in the ALPIN CARD can be used after receipt of the relevant data car-rier during the relevant period of validity and after the participating lift and ropeway companies started operating their ropeway and lift systems.
[1.] ALPIN CARDs will be sold at the current rates that are indicated (i) on the website www.alpincard.at or (ii) on price lists, price tables, folders, etc. (“Price Tables“) as published by the lift and ropeway companies. A deposit charge (KeyCard deposit) will be raised when customers buy any ALPIN CARD; the amount of such deposit is also indicated on the Price Tables. It will be collec-ted jointly with the invoice amount. The deposit and the rates mentioned above include the value added tax at the legal rate. ALPIN CARDs may be bought by credit card (e.g. Visa, Mastercard, Ame-rican Express or Diners Club), by PayPal, bank transfer in advance or in cash at the offices of the lift and ropeway companies.
[2.] A new ALPIN CARD annual pass or winter or summer season ticket can be issued to replace any lost or damaged ALPIN CARD annual pass or winter or summer season ticket, against a handling fee of EUR 15 (plus KeyCard deposit). Customers must present the blocking receipt and an official photo ID to be issued a new card. If the ALPIN CARD annual pass or winter or summer season ticket has already been used on the day when such is reported missing, the validity period of the newly issued card will be limited to the days following such day.
For any online orders of ALPINE CARDs to be shipped by post, please allow for a delivery period (normally at least approx. 3 to 5 working days within Austria).
5. Use of services
The use of ALPIN CARD services is governed by these General Terms and Conditions and the Terms and Conditions of Transport of the relevant lift and ropeway companies.
Any liability for damage is limited to cases of intent or gross negligence. Claims for damages for slight negligence shall be excluded. Claims arising from damages are to be asserted against the lift and ropeway company responsible for the damage.
The rendering of the services might be temporarily restricted, in full or in part, due to technical faults, lack of snow, force majeure or natural disasters such as storm, thunderstorm, heavy rain, snow chaos, danger of avalanches or other operating circumstances affecting individual or several lift and ropeway companies. ALPIN CARD is a supra-regional product that can be used with all parti-cipating lift and ropeway companies. No warranty can be given that the services offered by ALPIN CARD would be available without interruptions, every day with each individual lift and ropeway company.
7. Reimbursement in case of service outages caused by epidemics or pandemics
If the participating lift and ropeway companies, including all of their lift and ropeway systems are unable to render their services in any and all regions in which ALPIN CARDs apply (“the affected lift and ropeway companies”) due to an epidemic or pandemic and/or if the operations of the affected lift and ropeway companies are closed down on account thereof and/or if customers are unable to use the services due to a travel warning or closure of borders, the costs paid by customers for any ALPIN CARD will be reimbursed for the period of any full closure of the operations as follows. The reimbursement will be made
- for Ski ALPIN CARD 1 to 31 day ski passes based on their actual potential use (example: if a clo-sure occurs after the 3rd day of validity of a 12 day ski pass, the customer will be reimbursed the difference between the purchase price for a 3 day skip pass and the purchase price paid by them for the 12 day ski pass);
- for ski ALPIN CARD winter season tickets (the pre-season price of the winter season card will be used for a reimbursement of the ALPIN CARD annual passes) based on an amortisation cal-culation, which determines whether the costs of the ski ALPIN CARD winter season ticket have already amortised due to their use by the customer. This calculation will be made on the basis of notional day ticket prices calculated by the lift and ropeway companies for each fully or par-tially consumed day of use which reveals whether the costs of the ski ALPIN CARD winter se-ason ticket have been amortised after its use on the 15th day. Therefore, a reimbursement is excluded if the customer has already used the ski ALPIN CARD winter season ticket for 15 or more days.
The claim for reimbursement can be asserted vis-à-vis the lift and ropeway company from which the ALPIN CARD was purchased. The claim is due within 14 days after filing, however not earlier than at the end of the season.
8. Reimbursement in case of injuries or illnesses
Customers unable to ski due to a severe injury or illness shall have no claim for reimbursement. The lift and ropeway companies reserve, however, the right to reimburse the costs of any ALPIN CARD (apart from 1 day tickets) at their discretion, as a gesture of goodwill. The presentation of a medical certificate issued by a local physician is a precondition for this. However, any reimbursement of the ski ALPIN CARD winter season ticket shall be excluded after 28 February of any calendar year. The injury or illness is to be reported immediately.
ALPIN CARDs cannot be transferred to other persons (not even within families). Any abuse will result in the withdrawal of the card without replacement. Furthermore, customers shall be obliged to replace the costs of any day ticket and to pay a fine of € 70. The card shall be kept in a manner to exclude any abuse by third parties. The filing of a police report shall explicitly remain reserved.
10. Data protection
The lift and ropeway companies are specifically dedicated to the protection of their customers’ personal data. Customer data are, therefore, processed exclusively based on the legal provisions (in particular those of the GDPR and the DSG [Austrian Data Protection Act]). Reference is made to the data privacy notices of the participating lift and ropeway companies.
11. Choice of law and place of jurisdiction
Austrian substantive law shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of law rules under international pri-vate law.
If customers are consumers as defined in the KSchG, the court competent for the district where the customer has their usual residence or place of employment shall have jurisdiction over any legal disputes. If the customer is a consumer having their usual residence in the EU, they may either file an action with the competent court in Salzburg, Austria, or with the court competent at the place where the consumer has their place of residence.
The competent court at the registered office of the company will be agreed as the venue for all other cases.
Version: September 2020
Information according to GDPDR for photo compare
It should be noted that a reference photo of a lift card holder is taken when he/she passes through a turnstile equipped with a camera – for the purpose of access control. This reference photo is compared with further photos, by lift staff, of the person walking through other camera-equipped turnstiles. The reference photo is deleted immediately after the expiry of the validity of the lift pass. The other photos are deleted 30 minutes after each passage through a turnstile, unless there is misuse of the lift pass.
It should be noted that the possibility also exists of purchasing lift tickets which are technically configured so that no photo is made when passing through a turnstile. In these cases, however, spot checks by the lift staff must be reckoned with.