Skiregion Dachstein West
GENERAL TERMS AND CONDITIONS OF THE DACHSTEIN WEST SKI REGION
1. General terms
1. Dachstein Tourismus AG and Bergbahnen Dachstein West GmbH (hereinafter: Ski Region Dachstein West) offer their services in the Online Ticket Shop exclusively on the basis of these General Terms and Conditions (hereinafter: GTC). Only persons over the age of 18 are entitled to purchase in our online ticket shop.
2. Scope of application
1. The content of the current version of the GTC (which is available on the Internet) is agreed as part of the contractual relationship between the Dachstein West Ski Region and the customer when the ticket is purchased.
2. These GTC apply to all services, bookings via the website www.dachstein.at as well as subshop applications on partner websites and for electronic bookings of access authorisations on contactless data carriers (KeyCard) and in the enquiry system.
3. If the customer purchases a ticket from the Dachstein West card association for the use of facilities of several companies, the Dachstein West ski region acts only as their representative for the other companies. The services that can be used with such an (association) ticket are provided by legally independent entrepreneurs. The company in whose (ski) area an accident occurred is therefore always liable for the provision of the individual services and for the consequences of any accidents; contractual claims (e.g. from piste safety or transport) are therefore processed by the company in whose (ski) area an incident occurred.
3. Service of the Ski Region Dachstein West
The prerequisite for using the services of the Dachstein West ski region is the purchase of a valid ticket (data carrier).
Transport takes place after an access control has been carried out.
The ticket must be presented to the staff of the Dachstein West ski region on request and handed over if necessary so that it can be checked whether the services of the mountain railway are rightly being used. In the event of refusal to comply with this obligation, the ticket may be blocked and transport refused.
Unless otherwise agreed, the fee for the purchase of the respective ticket is the fee announced by the Dachstein West Ski Region at the time of conclusion of the contract.
The customer must pay a deposit fee of € 2,- for a KeyCard (data carrier). Upon return of the undamaged and functional data carrier, this deposit fee will be refunded at any mountain railway ticket office or the return machines.
Tickets at reduced rates are only issued on presentation of appropriate proof (e.g. valid photo ID).
Details (in particular prices) in brochures, circulars, catalogues, advertisements, price lists, etc. are non-binding, are subject to change and the prices announced at the time of purchase of the ticket apply.
5. Subject matter of the contract / online ticket
1. The subject matter of the contract is the electronic sale of access authorisations to lift and slope facilities to be stored on data carriers for the "Direct-to-Access Ticket Reservation and Booking System" (DTA) of SKIDATA AG. It is expressly pointed out that not all services available via the Dachstein West ski region can be booked online.
2. With the purchase of an online ticket, the "Direct-to-Access Ticket Reservation and Booking System" (DTA) merely handles the sale and activation of access authorisations (e.g. ski tickets) for the SKIDATA control system available in the Dachstein West Ski Region in connection with electronic data carriers (KeyCards) via the Internet or other electronic media.
3. Online tickets in conjunction with the KeyCard specified during online purchase entitle the customer to use the lifts and slopes on specific dates specified in the course of online purchase, unless expressly stated otherwise. A postponement of the dates after conclusion of the contract is not possible. The online ticket can only be redeemed at the selected time, unless expressly stated otherwise. Late redemption is not possible; the ticket becomes invalid in this case.
4. The Dachstein West Ski Region may unilaterally change service descriptions, provided that the respective change is reasonable for the customer because it is minor and objectively justified. The Dachstein West Ski Region will inform the customer of such changes to the service description in writing.
6. Special conditions for the electronic ordering process
1. Data entry and liability for incorrect entries
A booking can only be made after complete and correct entry of all mandatory fields in the booking window and express acceptance of the General Terms and Conditions using the application provided in the booking window. Incorrect information in the online ticket shop of the Dachstein West ski region will result in the withdrawal of the entitlement without replacement and the exclusion from carriage. The assertion of further claims for damages by the Dachstein West Ski Region remains unaffected. For the purchase of reduced services (U25, youth, child, family), proof of age must be carried without exception. The customer is obliged to notify changes in his contact details (name, e-mail and home address) without delay.
2. Conclusion of contract
The successfully completed online booking constitutes a contractual offer on the part of the customer to the Dachstein West Ski Region. The customer acknowledges that the order process can no longer be cancelled or reversed once the "Buy" button has been pressed. After confirmation of the availability and the payment details provided by the Dachstein West Ski Region, the booking request will be answered in a booking confirmation by e-mail. The contract is only concluded upon receipt of the booking confirmation. In the event of a failure of the network connection, only the data recorded by Skiregion Dachstein West shall apply. There is no legal claim to the advance booking bonus etc. if the online booking is not possible within the advance booking timeframe for whatever reason. The electronic order confirmation (e-mail) of the Ski Region Dachstein West serves as the only admissible proof of the properly made booking and must therefore be carried by the customer and presented together with the data carrier (KeyCard) in the event of complaints. Should the customer not make use of the purchased service for reasons attributable to him/her, although the Dachstein West Ski Region or the other member companies of the Dachstein West Card Association were ready to provide the service, this shall not affect the contract and shall not release the customer from his/her payment obligation.
Purchases in the online ticket shop are made by credit card (Visa, Mastercard, Maestro, PayPal or Diners Club). Online tickets can only be redeemed after full payment has been received.
Season tickets can only be booked with current photos. The KeyCard deposit fee is € 2.00 and is collected together with the invoice amount when a KeyCard is booked. All goods and products supplied remain the property of the Dachstein West Ski Region until payment has been received in full.
4. Booking processing
The Ski Region Dachstein West makes direct or indirect use of various partners for the technical and financial processing of electronic bookings. However, these companies do not enter into a direct contractual relationship with the customer, unless such a relationship already exists due to a different legal situation. In the course of the booking process, the customer may also be redirected to the websites of these companies, for the content of which the respective company is responsible.
When ordering a KeyCard, the postal delivery period (approx. 3-5 working days in Austria, approx. 8-15 working days abroad) must be taken into account. The Dachstein West Ski Region accepts no liability for deliveries lost in the post or KeyCards that do not arrive on time.
7. Withdrawal and refund
If the customer is a consumer within the meaning of the Consumer Protection Act, the customer may withdraw from the online ticket purchase within 14 days without stating reasons in accordance with Section 11 (1) of the FAGG. The period begins on the day on which the customer receives the booking confirmation by e-mail. The right of withdrawal does not apply to entrepreneurs.
The model withdrawal form is available on the website.
If the customer wishes to book an online ticket which entitles him/her to use the lifts and slopes in a period prior to the expiry of the 14-day cancellation period, the customer must expressly declare this request for early performance of the contract in accordance with § 10 FAGG. No right of withdrawal exists if the performance period for the ticket lies entirely within the withdrawal period.
If the customer does not wish to use individual days of a multi-day ticket or is unable to use them due to circumstances within his/her control, these days will not be refunded, replaced or credited (on a pro rata basis).
If the customer is prevented from (further) using his/her ticket due to accident, illness, etc., there is no entitlement to a (pro rata) refund. However, in the case of multi-day tickets, the Dachstein West Ski Region can grant a pro-rata refund on a goodwill basis on presentation of a certificate from a registered doctor (confirming that the customer can no longer engage in winter sports for the remaining period of validity) and on return of the ticket before expiry of the period of validity. However, there is no legal claim to this. For day tickets and single tickets, this refund cannot be made on a goodwill basis.
As is generally known, due to weather conditions - especially in the early or late season - it may not always be possible to open all lifts or slopes. Such closures are primarily for the safety of the customers (e.g. avalanche danger, storm, etc.). Due to such a restriction of the offer of the mountain railway, there is no entitlement to a (proportional) refund, extension or postponement of the validity period of the ticket.
Due to the COVID-19 pandemic, the customer has been aware since March 2020 that the operation of companies and also of mountain railways could be completely and permanently suspended by official orders due to circumstances that cannot be influenced (such as the consequences of the pandemic). If the customer purchases a ticket during an officially ordered closure, there is no entitlement to a (pro rata) refund, extension or postponement of its period of validity.
When purchasing the ticket, the customer is also aware that due to the worldwide COVID-19 pandemic, (renewed) officially ordered closures of individual cable car facilities, individual companies, entire regions, borders, etc. may occur at any time. In these or similar cases, there is no entitlement to a (proportional) refund, extension or postponement of the validity period of the ticket.
8. Loading an existing data carrier
1. The customer is solely responsible for the correct entry of the data, in particular the data carrier number. Incorrect entry may impair the functionality of the data carrier and is at the customer's risk. If an existing KeyCard is topped up, the booked service can be used at the earliest 30 minutes after receipt of the confirmation of implementation. From this point in time, the activation of the data carrier is effective on all initial access points of the booked leisure facility.
2. The customer acknowledges that due to the necessary data transmission via the Internet and other data lines, problems may exceptionally arise during the activation of the data carrier, without any legal consequences being derived therefrom, provided that the possibility of using the lift facility can be ensured in another way.
3. Warranty for defects in the activation of a functioning data carrier after a properly executed booking shall only be provided by a renewed attempt to load the data carrier on site by the staff of the respective lift company or by issuing another suitable access authorisation. If the data carrier is not functional, the customer may have to purchase a new data carrier. If the booking process was only incorrect due to the entry of incorrect or incomplete data carrier numbers, the booking can either be corrected with the help of the staff or another access authorisation can be issued. In all cases of complaint, the customer must in any case submit the confirmation of implementation, as otherwise a warranty or free re-issue of an access authorisation may be refused.
9. Validity of tickets
1. A valid ticket must be carried at all times when using the transport services of the Dachstein West ski region and must be shown to the staff of the mountain railway when requested to do so. 2. if a customer is carrying a reduced ticket, he/she must present proof of the existence of a reason for reduction when checked by staff of the Dachstein West ski region.
2. If a customer is carrying a reduced ticket, he/she must present proof of the existence of a reason for the reduction in the event of an inspection by employees of the Dachstein West ski region. If the customer does not provide this proof immediately or within 24 hours at the latest, the ticket will be confiscated without replacement. In this case, the cable car is also entitled to charge a manipulation fee of at least € 70 and the fee for a day ticket at the full fare.
3. Ticktes may not be transferred, resold, etc. to third parties without the prior written consent of the Dachstein West ski region.
4. Tickets for several days are only valid on consecutive days, unless a different period of validity is expressly stipulated.
10. Withdrawal of the ticket
Misuse of the ticket (e.g. unauthorised passing on, use of another person's ticket, use of the transport service without a ticket, disregard of the instructions necessary for safe operation of the cable car facilities, use of a reduced fare ticket without fulfilling the requirements, etc.) shall result in the immediate withdrawal of the ticket and the obligation to pay a penalty of at least € 70 and the charge for a day ticket at the full fare. In such cases, the cable car also reserves the right to file criminal charges.
Should a customer endanger the physical integrity of third parties (e.g. other customers, employees of the Dachstein West ski region, etc.) through their inconsiderate or dangerous behaviour, the Dachstein West ski region can exclude the customer from further transport - for the protection of third parties - if he/she continues his/her behaviour despite a warning.
In none of these cases will the remaining days of the ticket's validity be (proportionately) refunded, replaced or credited.
11. Loss, exchange
The issuance of a replacement ticket after the loss of a ticket shall only take place for multi-day and season tickets upon presentation of a blocking number. A processing fee of € 10 will be charged for the issue of a replacement pass. The replacement ticket is valid for the remaining contract period after issuance, the lost ticket will be blocked. 2.
No replacement pass can be issued for a forgotten ticket.
An exchange, extension or postponement of the period of validity of a ticket is not possible.
The Dachstein West Ski Region is not liable for damage caused to a customer by the conduct of third parties if these third parties are not attributable to the Dachstein West Ski Region or if they are not subject to its instructions.
The transport contract is only concluded for the use of the open facilities and slopes or ski routes during the respectively announced operating times. Contractual claims against the mountain railway therefore only exist for the duration of the operating times and only for open pistes/ski routes.
Use of the free ski area is at your own responsibility and risk. There are no safety or marking measures of any kind in the free ski area (e.g. safety devices, controls, barriers, etc.). Measures taken in exceptional cases are voluntary and do not constitute any obligation on the part of the cable car.
13. Obligation of the contracting parties
1. The customer shall be obliged to comply with the FIS rules.
2. the FIS rules can be found on the notice board in the ticket office area and will be handed out to the customer on request. The customer must behave considerately and responsibly when practising the sport and, in particular, keep a safe distance from other skiers.
3. the customer must behave in a considerate and responsible manner when practising the sport and, in particular, keep a sufficient safety distance from piste machines, skidoos, snowmaking equipment, etc. the customer must comply with instructions given by ski school staff.
4. The instructions of the staff of the Dachstein West ski region and the piste rescue service must be obeyed, as these serve to ensure the safety of all users of the ski area and to prevent accidents, damage, etc.
5. sporting activities are only permitted on marked pistes and ski routes, designated protection zones may not be entered or used, their use is prohibited.
6. the operating hours must be strictly observed. Use of the skiing area is not permitted after closing time, in particular because grooming work (e.g. with the aid of winches) is then carried out and there is therefore a risk to life.
7. walking and/or tobogganing on slopes is strictly prohibited. Pedestrians must only use the designated winter hiking trails.
8. No pollution of any kind is permitted.
9. in the event of an accident, it is up to the piste rescue service to decide how to provide care and rescue measures and the piste rescue service is entitled to take measures according to its decision in the best possible interest of the person involved in the accident.
10. The posted transport conditions were submitted to the competent authority in the licensing procedure of the respective cableway installation and correspond to the framework draft published by the competent ministry. They apply (in accordance with the legal provisions) to the carriage of persons and to their conduct in the cableway area. The customer is obliged to comply with these conditions of carriage.
14. Data protection provisions
1. The customer expressly agrees that the data disclosed by him/her may be forwarded to the database of the Dachstein West Ski Region for the purpose of carrying out the booking and payment process, stored and processed and may also be compared with external systems for control purposes. The customer also agrees to this data being passed on to partners and members of the Dachstein West Ski Region within the framework of the legal provisions and restrictions of the Data Protection Act 2000. The data will be deleted when the voucher is redeemed in accordance with the contract or when the validity period expires. The consent to the use of such data can be revoked in writing at any time.
2. When purchasing the products Dachstein West "Season Ticket", Dachstein West "The Naturally 365 Ticket" & Dachstein West "The Happy Hour Ticket", the customer expressly agrees to participate in the Dachstein+ Club.
The Dachstein+ Club is a customer loyalty program of the OÖ Seilbahnholding GmbH (Dachstein Tourismus AG, Traunsee Touristik GmbH Nfg. & Co KG) and the Bergbahnen Dachstein West GmbH. Members of the Dachstein+ Club receive exclusive benefits, such as discounts, price advantages at partner companies, marketing measures, etc. Membership in the Dachstein+ Club is free of charge. There is no legal entitlement to membership. Members of the Dachstein+ Club have the right to terminate their membership with one month's notice. The letter of termination must be sent by email to email@example.com.
3. Your security has the highest priority. Therefore, data such as credit card number, bank code, account number, name and address will be transferred via certified payment providers via their SSL line in compliance with PCI guidelines when paying by credit card.
4. The customer expressly agrees to the transmission of the payment confirmation into the payment system and - after its release for payment - to the debiting of the respective invoice amount due in the collection authorisation procedure of the selected payment method.
5. The customer agrees that the Ski Region Dachstein West operates web cams in some areas, which also broadcast images in real time on television. Even if persons are difficult to recognise in the process, the possibility of identification cannot be ruled out. The customer cannot derive any claims from this.
15. Choice of Law / Place of Jurisdiction
These terms and conditions shall apply insofar as they do not contradict mandatory provisions of the Consumer Protection Act of the respective consumer state. However, any invalid provisions shall not become invalid in their entirety, but shall be limited to the content that comes closest to them and is permissible in each case. The contractual language is German.
Austrian law shall apply (with the exception of the reference norms of international private law and the UN Convention on Contracts for the International Sale of Goods). The place of jurisdiction for the subject matter shall be the registered office of the respective lift or piste operator, unless there is a legally binding place of jurisdiction.
16. Severability clause
If individual provisions of these General Terms and Conditions - including this provision - are invalid in whole or in part or if the contract contains an unforeseen loophole, the validity of the remaining provisions shall remain unaffected. The ineffective or missing provision shall be replaced by a provision that comes closest to the ineffective provision in terms of its economic effect and content or that best supplements these GTC in terms of its economic effect and content by the missing provision, provided that this does not conflict with any mandatory statutory provision.
Status: September 2022