Terms of Business for Shops operated by Die Tauplitz Bergbahnen GmbH

Die Tauplitz Bergbahnen GmbH (FN 62541 y) (hereinafter referred to as: Vendor) enters into all contractual relationships involving the Online Shop exclusively on the basis of the following Terms of Business (hereinafter referred to as: Terms).

By completing the ordering process, the Customer confirms they have read and understood the following Terms and consent thereto.

Furthermore, the Vendor’s Terms of Business which are published on ski passes, the Internet, in brochures, at all ticket counters and lift entrances, as well as the Vendor’s general fare and transportation conditions will apply.

Only persons who are 18 years of age or older are entitled to enter into a contract with the Vendor’s Online Shop.

The object of the agreement is the electronic sale of products offered by the Vendor in the Online Shop.

The Customer undertakes to provide accurate and complete information for the full duration of business contact with the Vendor. Should the Customer provide inaccurate, incomplete or unclear information, they will be liable towards the Vendor for all damages which may result. With respect to false information pertaining to purchase of ski passes, the Customer will forfeit their entitlement to transportation.

An order can only be successfully completed if all required information is entered correctly and completely in the order window.

A successfully completed ordering process in the Vendor’s Online Shop constitutes an offer to the Vendor on the part of the Customer for conclusion of a contract. The Customer accepts that, once they have clicked on the button “Confirm order & pay”, the order can no longer be changed or canceled.

After the Vendor has checked the availability of the requested product as well as the payment data provided by the Customer, the Vendor will indicate acceptance of this offer by means of an email confirmation.

This electronic order confirmation (email) from the Vendor represents the only permissible proof of a correctly completed order and conclusion of a contract, and should therefore be kept safely by the Customer and, in the event of a complaint, presented to the Vendor together with the ordered product. Complaints not accompanied by the order confirmation cannot be accepted.

Payment of the purchase price may be by means of prepayment, credit card or through payment provider Paypal.

All products that can be purchased by the Customer in the Online Shop will only be shipped to the Customer pursuant to confirmation of the Customer’s payment having been received. The Vendor accepts no liability for products that are lost during postage, nor for the timely delivery of items.

If the Customer does not make use of the purchased product due to reasons not caused by the gross negligence of the Vendor, this does not absolve them from their payment obligation with respect to the Vendor. 

The goods offered in the Online Shop are depicted by the Vendor as authentically as possible. However, due to lighting conditions when photographs are taken etc., the goods actually received may vary slightly.

If the Customer should withdraw from the contract consistent with Point 6 of these Terms, the goods shall be returned to the Vendor in an unused and re-sellable condition in the original packaging. For those items that indicate signs of use or whose packaging has been damaged, the Vendor may charge an appropriate amount corresponding to the depreciation in value. This also applies in the event that the item is returned and any accessories or parts are missing.

The cost for shipping within Austria is € 5.80 and € 17.40 within other EU member states.

Ski pass vouchers are valid for a period of one year after date of issue. Upon expiration of the validity period, that voucher may be exchanged for a new voucher within four years – subject to payment of a surcharge equivalent to the current higher price for the type of pass in question. The voucher which is received in exchange will once again be valid for one year. Exchange for a new voucher is only possible one time.

Ski pass vouchers may not be transferred to third parties. Ski pass vouchers may not be converted into cash. Lost ski pass vouchers cannot be replaced.

The shipping of ski pass vouchers within Austria as well as the remainder of the European Union (EU) is free of charge.

Cash-value vouchers are only redeemable for services that are offered by the Vendor at its permanent retail locations or in the Online Shop at the time the voucher is redeemed.

The amount of the cash-value voucher does not include value added tax. Issue of a bill in accordance with the Value Added Tax Act of 1994 (UStG) is only possible at the time the voucher is redeemed and the actual service is provided.

If, after the voucher has been redeemed for services, there is value left over, a new voucher will be issued equivalent to that amount. It is not possible to receive a cash payout for the remaining amount.

The cost for shipping within Austria is € 5.80 and € 17.40 within other EU member states. No liability is accepted for any delays in delivery should they occur.

Cash-value vouchers may be transferred to third parties. Lost cash-value vouchers cannot be replaced or refunded.

Cash-value vouchers lose their validity no later than five years after the date the original order confirmation was issued.

If the Customer is a consumer as defined in § 1 of the Consumer Protection Act (hereinafter referred to as: KSchG), the Customer is entitled consistent with § 11 par. 1 of the Fernabsatz- & Auswärtsgeschäftegesetz (hereinafter referred to as: FAGG) to withdraw from contracts entered into with the Vendor by means of the Vendor’s Online Shop pertaining to purchases of goods within 14 days of concluding said contract or having received said goods, and to do so without provision of reasons.

This does not apply to vouchers for ski passes: This revocation right excludes contracts entered into for ski-pass vouchers through the Online Shop. Such contracts involve services which are provided as defined in § 18 par. 1 l. 10 FAGG pertaining to recreational activities, for which a specific time period for fulfillment of the agreement is contractually foreseen on the part of the Vendor.

If the Customer wishes to book a ski-pass or cash-value voucher which they intend to redeem within a time period which falls prior to expiration of the 14-day revocation deadline, the Customer shall expressly declare said intention as required by § 10 FAGG.

The content of the revocation declaration shall include at a minimum:

• Declaration of revocation intent as stipulated in § 11 par. 1 FAGG
• Precise description of the ordered goods or services (incl. order number)
• Date upon which the contract was entered into
• Date of the revocation declaration 
  
• Name and address of the customer 
  

 
Under ideal circumstances, exercise of revocation rights will involve use of the
 form template provided for that purpose, though it may also be declared by phone, email or fax, as well as in person at designated retail outlets operated by the Vendor in 8982 Bad Mitterndorf.

If this contract is revoked, the Vendor must refund all payments received from the Customer promptly and within no later than 14 days subsequent to the receipt of the revocation declaration at their place of business. In order to pay this refund, the company will use the same payment method used by the Customer in the original transaction, other than if another method was expressly stipulated. The Vendor may deny the refund until the purchased item has been returned, or the Customer can produce evidence that the item has been shipped back.

The costs for return shipping, commensurate compensation for usage as laid out in § 16 par. 1 FAGG as well as any potential damage payments pertaining to damage of the product shall be borne by the customer.

The Vendor has the right to cancel orders received by means of a unilateral declaration if the Customer contravenes the conditions as stipulated or attempts to circumvent them.

Statutory warranty provisions will apply. Malfunction of a ski-pass voucher must be reported to the Vendor without delay. Later complaints with respect to function or billing can no longer be accepted.

Accidents resulting in injury must be reported to us without delay. Refunds will only be given as a consequence of accidents resulting in substantial injury to the ski-pass holder, and only then if the ski pass is presented at one of our ticket windows accompanied by a physician’s attestation. The actual usage period will be calculated from the date of issue until the date the ski pass is returned. If the pass is returned prior to 10 AM, that particular day will not count. No refunds are possible for family members of the injured party. Premature departure, illness etc. do not constitute refund reasons. For rescue of injured persons, we charge €120. Low season: If the validity period of the ski pass also extends into a low season, we will calculate a mixed price.

Heavy snowfall, lack of snow, natural events (avalanche risk, storms, bad weather etc.), technical defects and other safety concerns entitle us to close facilities or pistes. Such interruptions do not entitle the Customer to a price reduction or refund for a purchased ski pass.

Any misuse of the ski pass (e.g. transfer to third parties, giving false age information etc.) will result in the ski pass being confiscated, required purchase of a day ski pass and a fine equivalent to the cost of a two-day ski pass. We also reserve the right to file a complaint for suspicion of fraudulent procurement of services (§ 149 of the Austrian Penal Code StGB) or fraud (§ 146 StGB).

We are solely responsible for securing our own Tauplitz ski area. Our pistes are closed between 5 PM and 8 AM of the following morning. During this time, piste maintenance equipment (also attached to winches) and snow cannons are in operation, while avalanche blasting may also be conducted. As a consequence, use of the pistes and ski routes during this time is hazardous to life and prohibited. FIS rules of the pistes as well as those of the Austrian Advisory Board for Alpine Safety shall apply. Should the Customer enter areas outside of the marked and maintained ski slopes, no rights of whatever nature may be acquired or asserted. In such instances, any liability for accidents or damages of whatever nature are expressly excluded.

Information provided by the Customer will be processed with the assistance of automation. Processing of personally identifiable data is conducted in accordance with applicable data privacy regulations (in particular GDPR and DSG). By accepting the ski pass, the Customer agrees to automated registration as well as storage of a personal photograph, along with the storage and processing of personal data in entrance areas for control purposes and in order to avoid misuse of ski passes.

Should individual provisions of the contract including the provisions at hand be or be declared null and void, either in whole or in part, or if the contract contains an unforeseen omission, that shall in no way affect the validity of the remaining provisions. Applicable legal statutes will then come into effect as a substitute for those provisions which do not or no longer apply.

Only Austrian law will apply to this contractual relationship under exclusion of all reference statutes. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The non-exclusive jurisdiction of the competent court at the Vendor’s seat of business is stipulated. If the Customer is a consumer who normally resides within the EU, the Customer also enjoys binding legal provisions of the state within which they reside. The Customer may assert claims in connection with these usage conditions pertaining to consumer-protection norms either in Austria or in the EU member state where they normally reside. The European Commission provides a platform for online dispute resolution, which the Customer will find at https://ec.europa.eu/consumers/odr/ We prefer to resolve customer concerns in a direct exchange and do not, therefore, participate in any consumer arbitration proceedings.