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Hochzeiger Bergbahnen Pitztal AG

General Terms and Conditions

Hochzeiger Bergbahnen Pitztal AG

("GTC" for short) of Hochzeiger Bergbahnen Pitztal AG ("Bergbahn" for short) for all legal transactions between the Bergbahn and third parties ("contractual partners" for short)

1 Scope of the GTC

1.1 The mountain railroad concludes contracts with its contractual partners - even without reference in individual cases - exclusively on the basis of these General Terms and Conditions. Any deviating terms and conditions of a contractual partner shall only apply if agreed separately in writing. If such terms and conditions of the contractual partner are sent, the contractual partner waives any legal effects arising therefrom.' The GTC shall remain valid even if individual provisions are invalid.

1.2 Any rescission, amendment or modification of the GTC or of contracts between the mountain railroad and contractual partners must be made in writing in order to be valid. This also applies to any waiver of the written form requirement.

1.3 The contracting party acknowledges that persons attributable to the cable car are not authorized to make declarations that deviate from these GTC or other declarations of the cable car.

1.4 Verbal declarations are only effective insofar as they are confirmed in writing by the cable car company.

1.5 If services in other ski areas are used with the purchased ski pass, this is always and directly based on an independent contractual relationship between the ski pass holder and the respective ski area operator. In this respect, the mountain railroad as the seller of the pass only acts as a representative of the other ski area operators; a direct contractual relationship with the mountain railroad only arises with regard to the individual services and facilities.

2. conclusion of contract / pricing / substitution

2.1 Offers made by the cable car company are non-binding and may be amended or revoked by the cable car company even after receipt of the contractual partner's comments. All information in brochures, circulars, catalogs, advertisements, price lists, etc. are also non-binding.

2.2 If an order is accepted by the cable car without a prior offer or if services are carried out which were not expressly included in the order, the cable car may charge the fee corresponding to its currently valid price list or its usual fee.

2.3 The mountain railroad is entitled to have the tasks incumbent upon it performed in whole or in part by third parties. Payment of the third party shall be made exclusively by the cable car itself. There is no direct contractual relationship of any kind between the third party and the contractual partner.

2.4 Lift tickets/vouchers can be purchased either at the ticket counters of Hochzeiger Bergbahnen or online at tickets.hochzeiger.com (online tickets).

3. fee and validity of ski passes / tickets

3.1 Ski passes / tickets (hereinafter both referred to as "tickets") are personal and therefore non-transferable and must be presented within the control zone.

3.2 Tickets that are valid for up to 16 days are valid on consecutive days - unless it is a special offer with a different period of validity (e.g. flex ski passes, optional ski passes); an interruption of validity for one or more days is not possible.

3.3 If tickets are valid for several days and there is a change of season (basic, low and high season) during the period of validity, a mixed price will be charged.

3.4 The deposit fee for the KeyCard is € 2.00. Undamaged, functional KeyCards from the current winter season will be taken back at the ticket offices. For KeyCards from previous seasons, there is no entitlement to a refund of the deposit fee.

3.5 Any malfunction of a ticket must be reported immediately to the nearest ticket office. Subsequent complaints regarding function and billing cannot be considered.

3.6 Reduced-price tickets (Bambinis, young people, children, disabled persons, etc.) are issued without exception only on presentation of a photo ID. Please understand that our ticket office staff may not make any exceptions.

3.7 Disabled persons: with an official photo ID (from 60% reduction in earning capacity receive the youth rate for Hochzeiger ski passes (except one-way tickets and already discounted tickets).

3.8 Subsequent exchange for another ski pass, transfer to another person, extension or postponement of the validity period is not possible. Do not purchase tickets via third parties - these may already be invalid or blocked, and you will also be liable to prosecution.

3.9 Extension option: Hochzeiger ski passes valid for 5 days or more can be extended immediately afterwards at a special price on presentation of the ski pass and proof of purchase.

3.10. The operation of the lifts, start and end of the season are determined seasonally and published on the homepage (subject to deviations due to circumstances beyond our control). The operating times are published on the cable car homepage at "www.hochzeiger.com" or are displayed at the respective points of sale

3.11. When using the transportation services of the cable car, a valid ticket must always be carried and this must be presented to the cable car staff on request so that it can be checked whether the use of the cable car's transportation services is justified.

3.12. If a customer is carrying a discounted ticket (without a photo), he/she must present proof of the existence of a reason for the discount during an inspection. If the customer does not provide this proof immediately or within 24 hours at the latest, the discounted ticket will be confiscated without replacement. In this case, the mountain railroad is also entitled to charge a manipulation fee

3.13. As a rule, tickets are valid from the day of issue. The current prices for the various services can be found in the Hochzeiger Bergbahnen price list. For online tickets, "dynamic" (variable) prices apply, which are calculated and displayed during the purchase process depending on the booking date, capacity utilization, etc. No personal data is processed to calculate the dynamic prices.

3.14. If the customer - in the case of tickets for several days - does not wish to use individual days or is unable to use them due to circumstances within his/her sphere of influence, these days can neither be refunded (proportionately), replaced nor credited.

4. reimbursement

4.1 Refunds will only be made in the event of skiing accidents, which must be confirmed by a certificate from a doctor practicing in the ski region or the nearest hospital. The refund will be paid out if the ski pass (valid for 2 days or more) and proof of purchase (blocking number receipt) are deposited immediately at the lift ticket office. The days of use are deemed to be the days from the issue to the deposit of the ski pass. If the deposit takes place before 10.00 a.m., this day will not be charged; it is not the day of the accident that is decisive, but the time of deposit. A medical certificate can be presented by the next day at the latest. No compensation can be paid for family members or accompanying persons who leave early with the injured person!

4.2 The fee for day tickets is not refundable under any circumstances.

4.3 There is no entitlement to a refund in the event of bad weather, avalanche danger, unforeseen departure, illness, epidemic or pandemic events, quarantine of the guest, interruptions to operations, weather-related suspension of operations, non-operation of individual or all facilities, closures of ski runs, overcrowding of slopes, etc.. There is also no entitlement to an extension of the validity of the ski pass under these circumstances.

5. misuse of tickets

5.1 The misuse and unauthorized transfer of tickets will result in the withdrawal of the ticket without compensation and the payment of an additional transport fee of at least € 126.00. The cable car also reserves the right to file a criminal complaint.

5.2 If services of the mountain railroad are used without a valid ticket, in addition to the obligation to pay the corresponding transport fee, there is also an obligation to pay an additional transport fee of at least € 126.00. The mountain railroad also reserves the right to file a criminal complaint.

5.3 Proof of age must always be presented or carried with reduced tickets (youths, children, Bambinis); in the absence of such proof, the cable car reserves the right to charge the difference between the reduced and normal transportation fee.

6. loss or exchange

6.1 Lost tickets for 1 and 2 days cannot be replaced. If you lose a Hochzeiger ski pass that is valid for at least 3 days, you will receive a replacement card for the remaining period upon presentation of the proof of purchase (blocking number receipt), payment of a processing fee of € 10 and payment of the deposit fee of € 2 for the new keycard. The value of the lost Keycard will not be replaced.

6.2 It is not possible to subsequently exchange, extend or postpone the period of validity of tickets that have already been booked or purchased, including season tickets and network tickets (Glacier Park Winter Card, Snow Card Tirol, etc.).

6.3 If tickets and/or season tickets have been forgotten or are not carried, a corresponding day ticket must be purchased, whereby the fee for this will not be refunded.

7. performance and default

7.1 The place of performance for all obligations to be fulfilled by the mountain railroad and its contractual partners is A- 6474 Jerzens / Austria.

7.2 Bad weather, avalanche danger, unforeseen departure, illness, interruption of operations, weather-related suspension of operations or non-commissioning of individual or all facilities, closure of ski runs, overcrowding of slopes, etc. shall not extend the time of performance and shall not entitle the contractual partner to assert claims against the mountain railroad for any legal reason whatsoever.

7.3 As far as legally permissible, claims for damages - but in any case in the event of slight negligence - due to a delay on the part of the cable car are excluded.

7.4 In the event of impossibility of performance, all contractual obligations shall lapse and the contractual partner shall in any case not be entitled to any claim for damages.

7.5 For meteorological and operational reasons and depending on capacity utilization, a limited range of lifts and slopes may be offered.

8 Compensation and liability

8.1. Im Falle des Schadenersatzes haftet die Bergbahn nur für Vorsatz oder grobe Fahrlässigkeit. Die Haftung für leichte Fahrlässigkeit ist ausgeschlossen; ebenso der Ersatz von Folge- und Vermögensschäden, Zinsverlusten sowie von Schäden aus Ansprüchen Dritter gegenüber dem Vertragspartner.

8.2. Sofern die Bergbahn – aus welchem Rechtsgrund auch immer – aufgrund einer Haftung in Anspruch genommen wird, ist die Haftsumme mit der Versicherungssumme der Haftpflichtversicherung begrenzt.

8.3. Die Bergbahn haftet nicht für Schäden, die einem Pistenbenützer oder Vertragspartner durch das Fehlverhalten anderer entstehen. Bei besonders rücksichtsloser und gefährlicher Fahrweise sowie bei Missachtung von Sperren oder sonstigen Anordnungen steht der Bergbahn das Recht zu, den betroffenen Vertragspartner von der Beförderung auszuschließen.

9 Obligations of the contractual partner

9.1 The conditions of carriage displayed at the valley station are an integral part of the contract of carriage. They apply to the transportation of passengers and to conduct in the railroad area. The contractual partner is obliged to comply with the conditions of carriage. A breach of the Conditions of Carriage has consequences under liability law.

9.2 The contractual partner is obliged to comply with the FIS rules.

9.3 The instructions of the cable car staff, the information team and the piste rescue service must be followed, as these serve the safety of all users of the ski area and the avoidance of accidents, damage, etc.

9.4 Skiing is only permitted on marked pistes and ski routes. Non-compliance will result in penalties in accordance with the Forest Act. Designated protection zones may not be entered or skied on.

9.5 The operating hours must be strictly observed. The ski area may not be used after closing time. During this time, grooming takes place (especially with the help of cable winches) and there is a danger to life.

9.6 Walking and tobogganing on pistes is strictly prohibited. Pedestrians must only use the designated winter hiking routes. In general, nature and other people must be treated with respect and responsibility when practicing sports. This also includes keeping a safe distance from snow groomers, skidoos and snow machines.

9.7 Any soiling, throwing away of garbage, cigarettes etc. must be avoided.

9.8 In the event of an accident, it is up to the rescue team to decide how care and rescue measures are to be carried out. The rescue team is entitled to take measures according to their decision based on their training and experience in the best interests of the accident victim. The costs of a rescue must be borne by the casualty.

9.9 The conditions of carriage displayed at all valley stations are an integral part of the contract of carriage. They apply (in accordance with the statutory provisions) to the transportation of persons and their conduct in the railroad area. The contractual partner is obliged to comply with the conditions of carriage. A breach of the Conditions of Carriage has consequences under liability law.

9.10 If a customer endangers the physical integrity of other customers or employees of the cable car (in particular when using the slopes or by disregarding barriers) through his reckless or dangerous behavior, the cable car can exclude this customer - for the protection of other customers or employees - from further transport if he continues his behavior despite a corresponding warning.

9.11 When using the services of Hochzeiger Bergbahnen (during the entire period of validity), visitors are obliged to carry their lift ticket and, in the case of online bookings, the confirmation email including the booking code, and to present it to the staff upon request.

10 Special conditions for online tickets and online vouchers:

10.1 The online ordering of tickets is distributed via the external provider "Starjack". The terms and conditions of Starjack can be found here:
starjack.com/gtc. The Hochzeiger Bergbahnen are the service providers and the "operator" of the store, "Starjack" is the "processor".

10.2 Only persons of legal age are authorized to purchase online tickets and online vouchers.

10.3 The purchase of online tickets and online vouchers is only possible after complete and correct entry of all mandatory fields in the booking window. The visitor is solely responsible for entering the data correctly

10.4 The order process for the purchase of online tickets or online vouchers is completed by clicking on the "Order now with obligation to pay" or "Order with obligation to pay" button. By doing so, the visitor makes a binding offer to purchase an online ticket or online voucher. When purchasing online vouchers, visitors can choose between service-specific vouchers (e.g. toboggan ticket, Pistenbully ride) or a value voucher. The contract is then concluded by written acceptance by Hochzeiger Bergbahnen.

10.5 When purchasing online lift tickets, acceptance takes place by sending a confirmation email, whereby the visitor receives an 8-digit booking code. With this booking code, the lift tickets can be collected on site in Jerzens at the collection machine at the valley station and at all Hochzeiger Bergbahnen ticket offices. Hochzeiger Bergbahnen accepts no liability whatsoever for the loss or improper storage of the booking code and any unauthorized access by third parties. Invalid or invalidated booking codes do not entitle the holder to collect lift tickets.

10.6 When purchasing online lift tickets, the booked service can be used immediately after receipt of the confirmation email. The confirmation email serves as proof that the booking has been made correctly and must therefore be carried by the visitor and presented to Hochzeiger Bergbahnen in the event of complaints or problems. For user problems with the booking or other difficulties in connection with online ticketing, please send an email to tickets@hochzeiger.com or to support@starjack.com.

10.7 For the online purchase of discounted lift tickets for the Youth, Children and Bambinis tariff groups, it is necessary to provide your first name, surname and date of birth. In order for us to process your order and activate your ski passes, we require proof of the age of all children booked. Please upload the identity card or passport of the booked Bambini tickets (child up to 10 years) before the first day of validity, within 3 days of ordering. The collection and processing of personal data is for control purposes only. All data will only be stored until the ski passes are activated and then deleted.

10.8 The online purchase of lift tickets is possible for 1-11 days as well as 3 in 5 and 4 in 7 days. Season tickets, morning tickets and lift tickets for the young family, disabled and group tariff groups cannot be purchased online. When purchasing the online ticket, a precisely defined validity period must be selected, which cannot be changed at a later date.

10.9 Online tickets may only be paid for using the payment methods specified during the ordering process. If the payment is charged back before the lift ticket is collected or the voucher is redeemed, the booking code becomes invalid.

10.10 Hochzeiger Bergbahnen uses partners, such as Starjack, for the technical and financial processing of online bookings.
Unless otherwise stated in the booking process, the company does not enter into any (direct) contractual relationship with the visitor. In the course of the booking process, the visitor may also be redirected to websites of this company, for the content of which the respective company itself is responsible.

10.11 The prices quoted for online lift tickets and lift ticket vouchers include VAT. The prices quoted for online value vouchers do not include VAT.

10.12 The quoted "online from" price is the cheapest available online rate. The earlier you buy, the cheaper the price, which increases continuously up to 1 day before the first day of skiing, on the same day the cash desk rate (= maximum rate) generally applies. If you compare the new prices with those of last season, the "online from" price is much cheaper and therefore those customers can be rewarded who decide early for a vacation with us and buy the ski pass online. The ski passes are cheapest at the start of the offer in the online store, the more spontaneous and short-term the booking, the higher the price. In the online store, guests receive a discount of up to 30%; at the lift ticket office on site, the ticket price/maximum price according to the price list always applies without exception.

10.13 Cancellation of ski passes is only possible with the "money-back guarantee" upgrade, which is offered in the ticket store when purchasing multi-day passes. The upgrade costs € 3.00 per ski pass and day. With this upgrade, ski passes are refunded up to 3 days before the 1st ski pass day without giving reasons. Please send us your cancellation request by e-mail to tickets@hochzeiger.com and let us know your order number. The upgrade can only be completed for the entire order. After selecting the tickets in the shopping cart, the "money-back guarantee" can be optionally booked for all ski passes.

10.14 When purchasing online vouchers, acceptance takes place by sending a confirmation email, whereby the visitor receives a voucher. The voucher can also be invalidated by persons who have come into possession of it unlawfully. If a valid voucher is presented, the Hochzeiger Bergbahn is not obliged to carry out any further checks on authorization (in particular identity checks). Depending on the product selected, the voucher can be used to "redeem" the desired product at the Hochzeiger Bergbahnen ski pass cash desks or (if this is specified separately) at other service partners. Vouchers cannot be redeemed in cash. If the entire value of the voucher has not been used, the remaining amount remains as a voucher - there is no cash refund. Value vouchers are subject to the statutory statute of limitations. Lift ticket vouchers are only valid for the specified/selected period. Vouchers issued free of charge ("campaign vouchers") are also only valid in the periods specified in each case.

10.15. Vouchers can only be redeemed for ski passes, food, drinks or merchandise items from Hochzeiger Bergbahnen; cash payment is not possible. Vouchers can only be redeemed at the ticket office, in the Pitz Park, in the Pitz Park Restaurant, in the Zeigerrestaurant and in the ZirbenBäckerei.

10.16 Lost vouchers will not be replaced.

10.17 The contractual partner is obliged to provide the relevant and requested data completely and correctly when concluding the contract. In the event of incorrect, incomplete or unclear information provided by the contractual partner, the latter shall be liable for all costs and damages incurred by the cable car as a result.

10.18 The value of the voucher is based on the amount paid for the voucher.

10.19 Right of withdrawal for consumers (does not apply to entrepreneurs) / ONLINESHOP
As the booked services are provided in connection with leisure activities and as a specific time or period is contractually stipulated for the fulfillment of the contract by the cable cars, the user has no right of withdrawal.

Irrespective of this, the user is voluntarily granted a right of withdrawal as a service under the following conditions:
- Within 24 hours of booking the ticket
- The right of withdrawal only applies to tickets that have not yet been used.
- In the case of the "pick-up voucher" booking option, the right of withdrawal only applies if the voucher has not yet been exchanged for a valid admission ticket at the pick-up machine / cash desk, regardless of when the ticket validity period begins.

If one of the above circumstances applies and the customer wishes to make use of this option, they must send an email to tickets@hochzeiger.com. After a successful return, the returned ticket is immediately invalid, and the customer receives the ticket value immediately and in full as a credit in their webshop account. A withdrawal with a chargeback of the monetary value to the means of payment used for payment can also only be made under the above conditions and only at the express request of the user. An email must also be sent to tickets@hochzeiger.com for this purpose. For a chargeback of the amount to the credit card or bank account, starjack charges a maximum of € 25.00, depending on the ticket booked, without exception, whereby the customer will be informed of the exact costs when processing the chargeback request - before it is completed. Without exception, a chargeback can only be granted to the means of payment used to pay for the service.

11 Choice of law and place of jurisdiction

11.1 For all contracts concluded between the cable car company and its contractual partner and all claims arising from the legally effective existence or non-existence of these contracts, it is agreed that Austrian substantive law shall apply to the exclusion of the provisions of Austrian private international law.

11.2 The exclusive place of jurisdiction for all legal disputes arising from a contract concluded or to be concluded on the basis of these terms and conditions between the cable car company and its contractual partner shall be the competent court for A- 6474 Jerzens. However, the cable car company may also sue the contractual partner at another domestic or foreign place of jurisdiction.

12. data protection and data processing

We take the protection of your personal data very seriously. We process the personal data provided to us in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the new Data Protection Amendment Act. The Hochzeiger Bergbahnen have implemented suitable technical and organizational measures in accordance with the data users, so that it can be ensured that no unauthorized access to the data provided takes place. The processing of personal data takes place exclusively on the basis of a justification specified in Art. 6 para. 1 GDPR, primarily for the purpose of providing the contractually guaranteed services and for the purpose of fulfilling various legal obligations.

12.1 The online presentation of our company offers and services takes place within the online presence of www.hochzeiger.com. The privacy policy of www.hochzeiger.com can be found there.

12.2 Insofar as personal data is provided, this will be used to process inquiries and/or bookings, for the provision of other services and for administrative purposes.

12.3 The contracting party agrees that its personal data may be stored and, where necessary, processed. The Contractual Partner's personal data shall be treated in strict confidence in accordance with the provisions of the Data Protection Act.

12.4 Personal data will neither be sold to third parties nor marketed in any other way. Personal data will only be passed on or otherwise transmitted to third parties if this is necessary for the business transaction or if prior consent has been given; consent given can be revoked at any time. It may also be necessary to disclose personal data due to statutory provisions or legal processes.

12.5 Transportation takes place after an access control has been carried out. The location and number of accesses are stored exclusively for billing purposes and insofar as this is necessary for the fulfillment of the contract.

12.6 Please note that for the purpose of access control, a reference photo of the lift pass holder will be taken when passing through a turnstile equipped with a camera for the first time. This reference photo is compared by the lift staff with the photos that are taken each time a turnstile equipped with a camera is passed through. This data application (Photo Compare) has been registered with the data protection authority and is entered in the data processing register.

12.7 The reference photo will be deleted immediately after the lift ticket expires, the other photos no later than 30 minutes after passing through a turnstile. It should be noted that it is also possible to purchase lift tickets that are technically configured in such a way that no photo is taken when passing through the turnstile, although random checks by the lift staff must be expected.

12.8 At the express request of the customer, these Hochzeiger lift tickets can be purchased without the photocompare function at the lift ticket office. Tariff information for the purchase of this non-standardized ski pass ticket can be obtained from the lift ticket office.

13 Other provisions

13.1 Should provisions of the agreement not be or become legally effective or should there be a loophole, the remaining provisions shall remain in force. In place of the invalid provision or to fill the gap, an appropriate provision shall be deemed to have been agreed which comes closest to the hypothetical intention of the contracting parties or which would have been agreed in accordance with the meaning and purpose of the agreement made if the point had been considered.

13.2 The mountain railroad may transfer its rights and obligations in whole or in part to third parties at any time; a transfer by the contractual partner is only permitted with the consent of the mountain railroad.

13.3 The legal remedy of rescission of the contract due to error is excluded.

13.4 Liability notice for a card association: The individual services to which this card entitles are provided by legally independent companies. The company selling the card acts only as an agent for the other companies. Only the respective company is therefore obliged to provide the individual services and to pay compensation in the event of any incidents.

13.5 The slopes are open daily from 8.45 am to 5.00 pm. Use of the slopes outside these opening hours is life-threatening (grooming with snow grooming equipment, cable winches, etc.) and prohibited! Please note that snowmaking machines and snow groomers are occasionally in use during the ski season. Ski touring is prohibited on the pistes outside the operating hours (5.00 pm to 8.45 am).

13.6 Information about open pistes and cable car facilities can be found on the panorama boards in the valley and middle stations. In the event of avalanche danger, the measures set by the avalanche commission must be strictly adhered to. The posted information, as well as the warning signs, barriers and boundary markings on the slopes and at the lift stations must be observed under all circumstances. Non-compliance will result in the immediate withdrawal (blocking) of the ski pass! The skier's personal responsibility requires sensible and risk-conscious behavior on all ski runs so as not to endanger himself or others. Above all, your skiing speed must be adapted to the terrain, visibility, snow conditions and especially to your ability so that you never lose control. Do not ski in forests to protect young trees and wild animals.

13.7 The piste and rescue service only monitors and checks the marked and open pistes. Our piste rescue service is stationed at the top station of the Hochzeiger gondola lift. Accident reporting points are all lift stations. or by telephone on +43 5414 87000-79. In the interest of the injured person, we ask for exact details of the accident location. The last inspection run of the piste service takes place at 16:00. For the rescue operation and first aid € 240,- will be charged.

13.8. the Hochzeiger toboggan run is open daily (only when the toboggan run is in operation - information at the Hochzeiger valley station) from 09.00 to 17.00! The toboggan run is also open from 19.30 to 24.00 on Thursday toboggan evenings.

14 Special conditions for events

14.1 Some events (e.g. concerts, sporting or cultural events) are also organized. Admission to these events is sometimes free for holders of a lift ticket (etc.), sometimes separate admission tickets are sold.

14.2 Visitors to the events must comply with any communicated house rules, rules of conduct and instructions. In the event of non-compliance with these regulations/instructions, brawling, drunkenness, drug consumption/possession/trafficking, littering, disturbance of the peace, disturbance of public decency, etc., the visitor may be denied access to the event site (without reimbursement of any ticket price) or may be banned from the site.

14.3 The making of sound, image or film recordings for commercial purposes is not permitted.

14.4 If no separate fee is payable for attending an event (e.g. because holders of a lift ticket can attend free of charge), its cancellation, postponement or modification shall not give rise to any claims for damages or warranty claims.

Version dated 21.11.2024

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