Terms and conditions

of the Mayrhofner Bergbahnen

0.    Preamble
0.1.    The enterprises Skiliftgesellschaft Hochfügen GmbH, Fügen Bergbahnen GmbH & Co KG, Bergbahnen Skizentrum Hochzillertal GmbH & Co KG, Zeller Bergbahnen Zillertal GmbH & Co KG, Schilift-Zentrum Gerlos GmbH, Mayrhofner Bergbahnen AG, Finkenberger Almbahnen GmbH, Tuxer Bergbahnen AG, Zillertaler Gletscherbahn GmbH & Co KG, Gerlospass-Königsleiten-Bergbahnen GmbH, Hochkrimmler SeilbahngesellschaftmbH, Duxeralm Seilbahnen GmbH, Plattenalm Seilbahnen GmbH and Rudolf Taxer Seilbahnen GmbH & Co KG offer several joint tickets for use of the facilities of the aforenamed enterprises in winter and/or (in some cases) offer several joint tickets for use of the facilities of some of the aforenamed enterprises in summer (e.g. Zillertaler Superskipass, internal pool tickets, Zillertal Activcard) as well as tickets for the use of their own facilities (only) or tickets of other pools (e.g. Tirol Snow Card). Hereinafter these tickets and passes will be jointly referred to as “Tickets”.
0.2.    To govern the contractual relationship - between the customers and the respective selling enterprises - in connection with the said offerings, the following General Terms and Conditions of Business are now hereby agreed.


1.    Scope of Application, Changes to the Terms and Conditions
1.1.    The terms and conditions set forth below (hereinafter referred to as the “T&Cs”) are an integral part of any contract of carriage concluded with us.
1.2.    Counter-confirmations, counter-offers or other references by you to, or on the strength of your own terms and conditions, are hereby rejected. Any deviating terms or conditions of yours shall only be valid if confirmed by us in writing.
1.3.    Our T&Cs in the latest version in force at any time shall also apply to any subsequent deals or transactions without them having to be expressly mentioned or agreed once more at the time of conclusion of such deals or transactions.
1.4.    We reserve the right to make changes to these T&Cs. The changed T&Cs shall come into force either as soon as we have published them on the website at www.mayrhofner-bergbahnen.com/agb/ or made them otherwise accessible and shall be valid for all legal transactions concluded after the T&Cs have entered into force.
1.5.    You may assign claims arising from legal transactions concluded with us only with our express consent. The resale or transfer etc. of ski passes to third parties is expressly prohibited.
1.6.    Persons imputable to the individual selling enterprises are not authorized to make any declarations that deviate from these T&Cs or other declarations of the respective enterprises.


2.    Prices and Conclusion of Contract
2.1.    Our offers are without engagement. All particulars provided in information or advertising material and on our website are without engagement. 
2.2.    Information on prices and the scope of services can be provided on request at our points of sale.
2.3.    The individual services to which the respective ticket entitles the holder are provided by legally independent entrepreneurs. The enterprise selling the ticket is thereby only acting on behalf of the other enterprises as their representative. The obligation to provide the individual services and responsibility for the consequences of any incidents therefore lies solely with the enterprise within whose (skiing) area an incident occurs; contractual claims (e.g. on grounds of piste safety or carriage) can therefore only be asserted against the enterprise within whose (skiing) area an incident has occurred.


3.    Ticket Refunds
3.1.    Multiple-day tickets are only valid on consecutive days. Except in the case of selective subscriptions, therefore, an interruption is not possible. 
3.2.    Retrospective exchange, extension or postponement of the period of validity is not possible.
3.3.    In the case of multi-day tickets, no claim to refund of the fee (or any part of it) exists after a sports accident or in the event of illness or on other grounds. Any refunds which are provided are given for the sake of good will only and do not establish any legal entitlement for the future. 
The preconditions for such good will refunds are:
- That the ticket is deposited without delay after the accident at one of our points of sale;
- That a certification by a physician (sick note) is submitted no later than on the third day after the sporting accident or the start of the illness.
A refund in the case of day tickets is ruled out in all cases.
3.4.    A replacement cannot be provided for lost tickets.
3.5.    No claim exists to extension of, or any refund for, tickets on grounds of external influences, such as bad weather, unscheduled departure, interruption of business/operation, closure of pistes, weather-related cessation of operation of cable lifts on grounds of force majeure (in particular storm or risk of avalanche), etc.


4.    Controls
4.1.    Carriage will take place after the conduct of an access control.
4.2.    Tickets must be presented to the cable lift personnel or other authorized inspection bodies on request and also handed over to them if need be. In case of refusal to comply with this duty, the data carrier may be blocked and carriage refused.
4.3.    In case of improper use, tickets will be confiscated without replacement.


5.    Concessionary Price
5.1.    Proof of justification for entitlement to a ticket at a concessionary rate must be presented, without a request to this effect being necessary, on ticket purchase and also, on request, at the lift entrances, in this case backed by photographic ID. 
5.2.    Tickets for walkers will, in winter, only be issued to guests without winter sport equipment.


6.    Chip Cards
6.1.    The tickets are generally issued on chip cards in return for payment of a deposit, which currently stands at EUR 2.00. Undamaged and functioning chip cards can be returned to one of the automatic chip card machines provided at or near the points of sale or by handing them in to one of our points of sale. Alternatively, the possibility exists at some sales outlets to issue the tickets in the form of one-way “Keytix” - in the case of these tickets, no deposit is payable.Other chip card fees may be incurred for online purchases, depending on the provider.


7.    Conditions of Carriage and Piste Rules
7.1.    The conditions of carriage and the legal extracts displayed at the respective cable lift facilities are part of the contract of carriage.
7.2.    It is your duty to comply with the conditions of carriage, the laws and the piste rules/FIS rules displayed and to observe piste closures and obey instructions of the lift personnel.
7.3.    Anyone acting in breach of these conditions or provisions will be excluded from carriage and subjected to confiscation of the ticket without compensation.


8.    Liability
8.1.    Liability for minor negligence is excluded to the extent permitted by law.
8.2.    Responsibility or liability for a skiing area only exists in relation to the duly marked piste areas or cable lifts of the skiing area. 
You enter and use all other parts of the skiing area on your own responsibility and wholly at your own risks. In the unmarked skiing area, no safety or security measures are put in place, in particular in the form of safeguarding features, controls/checks, barriers, etc. Any measures which are nevertheless put in place are voluntary and shall not be deemed as establishing any obligation for the future.


9.    Web Shop(s)
9.1.    You can choose from the range of products offered in the web shop(s) of the respective selling companies and collect them in a so-called shopping basket by pressing the button “Add to shopping basket”. 
9.2.    By pressing the button “Order with obligation to pay”, you submit a firm offer to purchase the goods in the shopping basket.
9.3.    You may receive a confirmation email.
9.4.    Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price.
9.5.    All prices stated on the respective websites are quoted inclusive of value added tax at the statutory rate in force at the time. The respective costs of shipment are stated in the order form and are payable by you.
9.6.    The goods will remain our property until payment of the purchase price in full. Vouchers become valid only on payment in full of the purchase price due.
9.7.    The payment modalities are stipulated by the individual selling company.
9.8.    Vouchers can be redeemed at the points of sale. No replacement can be provided for lost vouchers. No claim exists to payment in cash for non-redeemed vouchers.
9.9.    The particulars provided in the web shops of the individual selling companies are processed with the aid of automated support. Particulars required to be given when ordering must be provided completely and correctly. Liability for all costs, damage and disadvantages arising from failure on your part to provide correct, complete and clear particulars must be borne by you.
9.10.    Right of cancellation for consumers: 
You have the right to cancel a contract concluded in our web shop within a period of fourteen days without the need to give reasons. The period for cancellation is fourteen days from the day on which you or a person authorized by you took possession of the goods or, in the case of part-deliveries, of the final delivery.
To exercise your right to cancel, you must inform the selling enterprise by means of an unequivocal declaration (e.g. a letter sent by post, telefax or email to the address datenschutz@mayrhofner-bergbahnen.com of your decision to cancel the contract. You may also use the specimen cancellation form attached hereto for this purpose, but are not required to do so. To meet the deadline for cancellation it is sufficient for you to send off the notification of your exercise of the right of cancellation before expiry of the cancellation period.
On the strength of tickets purchased, services are provided in connection with leisure activities within the agreed period. In this context, you are requested to take note that no right of cancellation exists in respect of such services, with the result that cancellation of a contract concluded under a distance selling arrangement is barred (§18 Para. 1 Line 10 FAGG [Austrian Distance and Outside Sales Act]). If you purchase vouchers for the provision of such services, cancellation on the strength of this provision is also barred in relation to voucher purchases.
9.11.    If you cancel this contract, all payments made by you, including the delivery costs (with the exception of any additional costs resulting from your having chosen a mode of delivery other than the offered, less expensive standard mode of delivery) will be refunded to you promptly or at the latest within fourteen days from the day on which the notification of your cancellation of this contract was received by the selling enterprise. For the refund, the same mode of payment will be used as was used by you for the original transaction, unless expressly agreed otherwise with you; no fee of any kind will be charged to you for the refund. 
If you have requested that the services should begin during the cancellation period, you must pay a reasonable amount corresponding to the portion of the services already provided up to the time of notification of exercise of your right of cancellation of this contract, when set in relation to the total volume of the services provided for in the contract..


Specimen Cancellation Form 

End of the information relating to cancellation 

10.    Data Protection
10.1.    Personal data is only stored to the extent necessary for performance of the contract by us. For service purposes, we store photos of season tickets in line with the statutory preservation requirements.
10.2.    For the purpose of access control, it is possible that for some types of tickets, a reference photo is taken of you the first time you pass through a turnstile equipped with a camera. This reference photo will be compared by the lift personnel with the photos taken each time you pass through a turnstile equipped with a camera. The reference photo will be cancelled immediately after expiry of the validity of the lift ticket, the other photos no later than 48 hours after you have passed through the turnstile. The mode of implementation of these access controls falls within the remit of the individual selling enterprises.
10.3.    In the event of use being made of the piste rescue services, personal data may be collected for settlement and documentation purposes.


11.    Choice of Law and Legal Venue
11.1.     It is agreed that jurisdiction for deciding in all disputes arising from or in connection with these T&Cs shall lie exclusively with the competent courts responsible for the place of registration of the selling enterprise.
11.2.    These T&Cs shall be governed by the laws of the Republic of Austria, with application of the UN Convention on Contracts for the International Sale of Goods being barred.


12.    Other Provisions
12.1.    Should any of the provisions of these T&Cs be or become wholly or partially invalid or impracticable, this shall have no effect on the validity of any of the other provisions. The parties agree to replace any such invalid or impracticable provision [with a provision which is valid and practicable and] which corresponds in content and purpose as nearly as possible to that intended by the invalid or impracticable provision.


13.    Piste Rescue

13.1.    Some of the selling enterprises offer their own rescue service and are free to demand reimbursement for the costs incurred.