General terms and conditions of the Dachstein West ski region
Here you can find the general terms and conditions of the Dachstein West ski region (Gosau-Russbach-Annaberg):
- General terms and conditions of the online ski pass shop
- General terms and conditions
General terms and conditions of the online ski pass shop
1. General terms
The Dachstein West ski region is a merger of the aforementioned lift and piste operators. The members of the Dachstein West ski region operate their own cable cars and lifts as well as pistes at their own responsibility and as independent legal entities. The use of the term Dachstein West ski region in the following text also applies to the respective lift and piste operator. Online passes for the ski areas of the Dachstein West ski region entitle customers to use the ski areas covered by the Dachstein West ski region. Purchases in our online ski pass shop may only be made by persons over 18 years of age.
These general terms and conditions apply to all services, bookings via the website www.dachstein.at, as well as sub shop applications on partner websites and for electronic bookings of access authorisations on contactless data carriers (key card) and in the enquiry system.
Through the use of a valid online pass, a transportation and use of pistes contract with the respective lift/piste operator comes into being and the customer accepts the general terms and conditions of the Dachstein West ski region. Use of the ski areas in the Dachstein West ski region and use of the respective lifts and slopes are subject to the general terms and conditions of the Dachstein West ski region.
2. Scope of application
The general terms and conditions apply to all current and future services, which result in connection with bookings and purchase of online passes with access authorisations by customers online, via WEB applications or other electronic media. Furthermore, the general tariff and transport regulations of the Dachstein West ski region apply.
3. Subject matter of the contract/online pass
The subject matter of the contract is the electronic sale of access authorisations to be stored on data carriers for lifts and pistes for the SKIDATA AG’s “Direct-to-Access” (DTA) pass reservation and booking system. It is expressly pointed out that not all services available through Dachstein West ski region can be booked online.
With the purchase of an online pass, using the “Direct-to-Access” (DTA) pass reservation and booking system, only the sale and the activation of access authorisations (e.g. ski passes) for the SKIDATA control system available in the Dachstein West ski region, in connection with electronic data carriers (key cards) via the internet or other electronic media, are handled.
Online passes in connection with the key card stated at the time of online purchase entitle the customer to use the lifts and pistes within the framework of the services booked online – unless otherwise specified – at the times and dates specified during the online purchase. Rescheduling of dates after conclusion of the contract is not possible. Redemption of the online passes is – unless otherwise specified – only possible on the stated date. Late redemption is not possible; in this case the pass becomes invalid.
The Dachstein West ski region reserves the right to amend the description of services and to inform the customer thereof in good time.
4. Special conditions for the electronic ordering process
4.1. Data entry
Booking is only possible after complete and correct entry of all data required in the mandatory fields in the booking window as well as the express acknowledgement of the general terms and conditions by using the application provided in the booking window. False declarations in the Dachstein West ski region online ski pass shop will result in the withdrawal of the authorisation and exclusion from transportation, without replacement or refund. The customer is obliged to immediately communicate any changes in contact data (name, e-mail and postal address).
4.2. Conclusion of contract
A successfully carried out online booking constitutes an offer of contract on the part of the customer to the Dachstein West ski region. The customer acknowledges that the ordering process upon clicking on the “buy” button can no longer be cancelled or reversed. After availability and the entered payment details have been confirmed by the Dachstein West ski region, the booking enquiry is answered in a booking confirmation by e-mail. The contract is concluded on receipt of the booking confirmation. Should the network connection fail, only the data recorded by the Dachstein West ski region is valid. There is no legal claim to the advance sale bonus or similar if the online booking was not possible during the advance sale period, for whatever reason.
The electronic order confirmation (e-mail) from the Dachstein West ski region serves as the only permissible proof of a properly carried out booking and should therefore be kept by the customer and, in the event of a complaint, should be presented together with the data carrier (key card).
Purchases in the online ski pass shop are made by paying with credit card (Visa, MasterCard, or Diners Club) or instant transfer (Sofort AG). Online passes can only be redeemed after full payment has been received.
Season passes are only bookable with current photographs. The key card deposit is €2 and will be charged at the same time as the key card is booked. All delivered goods or products shall remain the property of the Dachstein West ski region until paid in full.
4.4 Booking processing
The Dachstein West ski region directly or indirectly uses various partners in the technical and financial processing of an electronic booking, among others, SKIDATA AG, Wirecard CEE, and Elements. These companies have in no way a direct contractual relationship with the customer, provided that this does not already exist due to a different legal situation. In the course of the booking process, redirection to websites of these companies may occur, the content of which is the responsibility of each company itself.
When ordering a key card, the postal delivery time (approx. 3-5 work days within Austria) must be taken into account. The Dachstein West ski region accepts no liability for deliveries lost in the post or key cards that do not arrive in time.
5. Withdrawal from contract
The services offered by the Dachstein West ski region are leisure services that are provided at a certain time within a clearly specified timespan. The customer therefore has no right of withdrawal (Section 18 Para. 1 (10) FAGG [Austrian Federal Act on Distance and Off-Premises Transactions] in connection with Section 11 Para. 1 FAGG).
6. Data protection regulations
The customer agrees explicitly that their personal data for carrying out the booking and payment processes may be forwarded to the Dachstein West ski region database, stored and processed and, for control purposes, also compared to external systems. The customer also agrees that this data may be passed on to partners and members of the Dachstein West ski region within the framework of the legal requirements and limitations of the Austrian Data Protection Act 2000. The data will be deleted on contractually correct redemption of the voucher or on expiry of validity. The consent to use such data can be revoked in writing at any time.
Your security is of the highest priority. Therefore, data such as credit card number, bank code, account number, name and address that is provided when paying by credit card, is transferred by certified payment providers via their SSL line, taking into consideration the PCI guidelines.
The customer declares express consent to the transmission of the payment confirmation to the payment system and – after its release for payment – to the debit of the respective due invoice amount via direct debit authorisation of the selected method of payment.
7. Topping up an existing data carrier
The customer is solely responsible for the correct entry of data, especially the data carrier number. False entry can impair the functioning of the data carrier and the risk is borne by the customer. When topping up an existing key card, the booked service can be made use of 30 minutes after receipt of the confirmation e-mail at the earliest. From this point in time, the activation of the data carrier is effective for all initial entry points of the booked leisure facility.
The customer takes note that, due to the necessary data transfers via the internet and other data lines, it is possible that, in exceptional cases, problems may occur in activating the data carrier, without any legal consequences deriving, provided that the possibility to use the lifts can be ensured by other means.
Guarantee for defects in activation of a working data carrier following a correctly carried out booking can only be made with a new attempt at topping up the data carrier on site by the staff at the lift or by handing over another suitable pass. If the data carrier is not functional, the customer must obtain a new data carrier. If the booking process was only incorrect due to entry of an incorrect or incomplete data carrier number, the booking can be corrected with the help of the staff, or another pass will be issued. In all cases of complaint, the customer must show the processing confirmation, otherwise a guarantee or free reissue of a pass can be refused.
8. Choice of law/legal venue
These terms and conditions apply insofar as they do not contradict mandatory provisions of the Consumer Protection Act of the respective consumer country. Should this occur, however, any terms and conditions shall not become invalid in their entirety, but are only to be reduced to the nearest possible valid contents. Contract language is German.
Austrian law shall apply (excluding the principles on conflicts of law and the United Nations CISG). Insofar as there is no mandatory place of jurisdiction, jurisdiction shall be vested in the applicable court at the location of the respective lift or piste operator’s registered office.
Information as of October 2015.
DACHSTEIN WEST SKI REGION
Dachstein Tourismus AG
Tel.: +43 50 140
Bergbahnen Dachstein West GmbH
A-5442 Russbach am Pass Gschütt
Hornbahn Russbach office l Tel.: +43 6242 440 l E-mail: russbach(at)dachstein.at
Donnerkogelbahn Annaberg office l Tel.: +43 6462 440 l E-mail: annaberg(at)dachstein.at
GENERAL TERMS AND CONDITIONS
1. General terms
The Dachstein West ski region is a merger of the aforementioned lift and piste operators. The members of the Dachstein West ski region operate their own cable cars and lifts as well as pistes at their own responsibility and as independent legal entities. The use of the term Dachstein West ski region in the following text also applies to the respective lift and piste operator. Purchase of a lift pass for the ski areas of the Dachstein West ski region entitles customers to use the ski areas covered by the Dachstein West ski region.
Use of a valid ski pass creates a transportation and use of pistes contract with the respective lift/piste operator. By using a valid ski pass, customers accept the authority-approved terms and conditions of transportation of the lift/piste operators and of the individual facilities according to the notices, and submit to the rules of conduct of the International Ski Federation (FIS).
Violation of the general terms and conditions or of the transportation conditions, as well as the repeated failure to follow instructions by the supervisory piste and lift bodies, shall result in the exclusion from any further transportation or use of pistes and the revocation of the ski pass without compensation. Furthermore, the customer shall be obliged to pay a handling fee of €70. The same applies to the wilful damage of property of the Dachstein West ski region or behaviour that impugns the honour and damages the reputation of the supervisory piste and lift bodies.
2. Ski passes
Ski passes are not transferable. Subsequent exchange or change of the validity of a ski pass is not possible. Even the attempt to inadmissibly give a ski pass to another person shall be considered a violation under section 1. Every holder of a ski pass must keep it in a way that third parties have no access. Ski passes and proof of authorisation for claiming special rates must be presented to the supervisory piste and lift bodies on request.
When purchasing a ski pass, €2 will be charged per issued ski pass as a deposit for the key card. This amount will be refunded upon the return of the undamaged key card at the ski pass office or at the machines intended for this.
Any compensation for lost, stolen or forgotten ski passes (data carriers) is excluded. In the event of a lost season pass, a replacement pass will be issued against presentation of the sales receipt and an identity card; the lost ski pass will be blocked. In the event of a forgotten season pass, a day ski pass at the respective daily rate has to be purchased. The forgotten season pass will be blocked for this day.
The cessation of operation of lifts, pistes or entire ski areas that is required due to the weather or other technical reasons, danger of avalanche, premature departure or interruption do not constitute a claim for refund of the amount paid or extension of validity. If transportation is omitted for reasons owed to the passenger, there is no entitlement to refund of the amount paid or compensation. A limited offer of pistes and lifts is no entitlement to claims.
4. Rescue of injured people
Insofar as the rescue of injured people is organised by the Dachstein West ski region, the injured customer shall pay a contribution to the rescue expenses. The Dachstein West ski region cannot carry out rescue operations outside of operating hours.
5. Piste reservations/special rides and special uses
In principle, pistes may be used by all our customers in the same way. Piste reservations and special rides are only possible and admissible following the explicit consent of the Dachstein West ski region.
For unplanned operation missions of piste/lift staff or piste-grooming machine staff caused by the customer, the respective valid cost rates apply. At least 20 minutes are charged for machine-aided missions.
A fee is charged for the transportation of goods. Any liability for transport damages is excluded. The transportation of animals also requires the purchase of a lift pass. Animals must be kept appropriately under control. Dogs must generally be kept on a leash in the skiing and alpine area, and must wear a muzzle during transportation, as well as in all closed rooms of the lifts and facilities.
6. Operating times
The ski pistes are closed daily from 5pm until 8am, except the slopes intended for public nighttime skiing. During the closed period, there is no protection against dangers, as well as a considerable risk of injury because of piste grooming, winch cables, snowmaking and exposed cables and hoses.
7. Protection of the forests
Free access to the forests means a particular sense of responsibility and necessity for protection. In accordance with the Austrian Forest Act, the use of winter sports equipment in forests and in the area around lifts is only permitted on designated pistes and ski routes. Leaving the prepared and designated trails and pistes (e.g. also deep snow and mogul slopes), as well as entering adjacent forested areas, is generally prohibited and is a criminal offence (Section 33 Austrian Forest Act). It is forbidden to enter forested areas with trees of less than 3 m in height or to dispose of litter and cigarettes there. Every non-compliance will result in legal action being taken and immediate revocation of the ski pass without compensation.
Only pilots with a valid paragliding licence, accredited flying equipment that is insured against third-party risk, and a valid lift pass are eligible to start. Starting and landing are only allowed at the designated areas. Landing is expressly prohibited on all ski slopes. All legal altitude and distance regulations must be observed. Non-compliance to these regulations can result in the issuing of a flight and/or carriage prohibition by the Dachstein West ski region.
Any possible liability for customers, whether due to contractual or legal provisions, for incidents that occur from or during use of the lifts or pistes is exclusively carried by the lift or piste operator, in whose ski area such incident occurs. In general, no other lift or piste operator can be held responsible.
Liability by the Dachstein West ski region for material and financial damage which arises in connection with the use of the lifts or pistes is excluded in the case of minor negligence. The operators of the lifts and pistes are in no way responsible for objects which customers lose in the ski area. The operators of the lifts and pistes are also in no way liable for the soiling of garments whilst using lift and cable car facilities.
10. Exclusion of liability booking platform
On its booking platform, the Dachstein West ski region merely provides the meta search engine for the procurement of supply and demand of accommodation establishments in the inner Salzkammergut area in Upper Austria and the Tennengau region in Salzburg. The Dachstein West ski region is not liable for the accuracy, completeness or ability to provide the bookings/reservations[...] completed via this booking platform, and especially not for the correctness of the generated final price. All prices on this booking platform are non-binding guidance prices.
11. Commercial and advertising activities
Every commercial and advertising activity on lifts, pistes and ski slopes or parking areas (e.g. mounting advertising boards, panorama cameras and other advertising) in the Dachstein West ski region requires prior written consent. Non-compliance will result in exclusion from carriage and withdrawal of the lift pass.
12. Data protection regulations
With the purchase of a lift pass the lift pass holder agrees to personalised photographic registration, storage and processing of data at the lift pass sales points and access points for control purposes to avoid misuse of the lift pass. The customer agrees explicitly that their data for carrying out the booking and payment processes may be forwarded to the Dachstein West ski region database, stored and processed and, for control purposes, also compared to external systems. The customer also agrees that this data may be passed on to partners and members of the Dachstein West ski region within the framework of the legal requirements and limitations of the Austrian Data Protection Act 2000. The data will be deleted on contractually correct use of the lift pass on expiry of validity. The consent to use such data can be revoked in writing at any time.
The customer has the possibility of setting up data transfer via a secure data connection (SSL) for themselves. On the part of the companies involved, the transfer – at least of the data necessary for handling of payment – takes place via secure data lines in any case. The customer declares express consent to the transmission of the payment confirmation to the payment system and – after its release for payment – to the debit of the respective due invoice amount via direct debit authorisation of the selected method of payment.
13. Choice of law and legal venue
These terms and conditions apply insofar as they do not contradict mandatory provisions of the Consumer Protection Act of the respective consumer country. Should this occur, however, any ineffective terms and conditions shall not become invalid in their entirety, but are only to be reduced to the nearest possible valid contents. Contractual language is German.
Austrian law shall apply (excluding the principles on conflicts of law and the United Nations CISG. Insofar as there is no mandatory place of jurisdiction, jurisdiction shall be vested in the applicable court at the location of the respective lift or piste operator’s registered office.
Information as of October 2015.
Skiregion Dachstein West
Dachstein Tourismus AG
Tel.: +43 50 140
Contacts lift companies/partners
Dachstein Tourismus AG
Dachstein Krippenstein Seilbahn Winkl 34
Tel.: +43 50 140
Traunsee Touristik GmbH Nfg. & Co KG *
Tel.: +43 50140
Schilifte St. Martin KG *
A-5522 St. Martin am Tennengebirge
Tel.: +43 664 8907023
Abtenauer Bergbahnen GmbH *
Tel.: +43 6243 2432
Schilift Lammertal *
The Kraft Family
A-5523 St. Martin am Tennengebirge
Tel.: +43 6463 7146 4
Zinkenlifte Bad Dürrnberg **
Tel.: +43 6245 85105-4
* Dachstein West ski region lift passes from 1.5 days and season lift passes are valid
** Dachstein West ski region season lift pass