GTC

Version dated September 2022

General Terms and Conditions (GTC)

of the Patscherkofelbahn Betriebs GmbH

I. Scope of the GTC

1. The Patscherkofelbahn Betriebs GmbH of Römerstrasse 81, 6080 Igls (hereinafter referred to for brevity as "Bergbahn") provides its services to its customers on the basis of these General Terms and Conditions (hereinafter referred to as "GTC"). 
2. The customer agrees to the content of the respective current version of the GTC (which can be retrieved online, seen in the ticket office or provided to customers on request) upon purchase of a ticket as part of the contractual relationship between Bergbahn and the customer. 
3. If the customer purchases a (group) ticket for the use of the facilities of several companies, the Bergbahn shall only act as a representative of the other companies. The services that may be used with such a (group) ticket are provided by legally independent companies. The company in whose (ski) area an accident may occur is therefore always liable for the provision of the individual services and for the consequences of any accident; contractual claims (e.g. arising from piste safety or transport) shall therefore be handled by the company in whose (ski) area such incidents may have occurred.

II. Services of the Bergbahn

1. The prerequisite for using the services of the Bergbahn is the purchase of a valid ticket (data carrier). 
2. Carriage will be provided following an access control.
3. Tickets must be shown to the staff of the Bergbahn on request and, if necessary, handed over for checking to ensure that the services of the Bergbahn are being used in a proper manner. Should the customer refuse to comply with this obligation, the ticket may be blocked and carriage refused.

III. Charge/price

1. Unless otherwise agreed, the charge for the purchase of the respective ticket is that indicated by the Bergbahn at the time of conclusion of the contract.
2. Tickets at reduced rates will only be issued on presentation of appropriate proof (e.g. a valid photo ID).
3. Details (in particular prices) appearing in brochures, circulars, catalogues, advertisements, price lists, etc. are non-binding and subject to change; the prices announced at the time of purchase of the ticket shall apply.

IV. Validity of tickets

1. A valid ticket must be carried at all times when using the transport services of the Bergbahn and must be shown to Bergbahn staff upon request.
2. If a customer has a reduced-price ticket, he/she must present proof of the validity of the reduction when being checked by staff of the Bergbahn. If the customer does not provide such proof immediately or within 24 hours at the latest, the ticket will be confiscated without replacement. In this case, the Bergbahn is also entitled to charge an administration fee of € 35. 
3. Tickets may not be transferred, resold, etc. to third parties without the prior written consent of the Bergbahn. 
4. Tickets issued for several days are only valid on consecutive days, unless a different period of validity is expressly specified (e.g. ski passes/season tickets covering multiple periods).

V. Revocation of tickets

1. Misuse of a ticket (e.g. unauthorised transfer, use of another person's ticket, use of transport services without a ticket, disregard of the instructions necessary for the safe operation of cable car facilities, use of a reduced-price ticket in breach of the conditions, etc.) will result in immediate revocation of the ticket. 
2. Should a customer endanger the physical safety of third parties (e.g. other customers, staff of the Bergbahn, etc.) through reckless or dangerous behaviour, the Bergbahn can -- for the protection of third parties -- prevent the customer from further use of the facilities if, despite a warning, such behaviour continues. 
3. In none of the above cases will any remaining days of the ticket's validity be (pro rata) refunded, replaced or credited.

VI. Reimbursement

1. 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, such days will not be (pro rata) refunded, replaced or credited. 
2. If the customer is prevented from (further) use of his/her ticket due to accident, illness, etc., there will be no entitlement to any (pro rata) refund. However, in the case of multi-day tickets, the Bergbahn may 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, provided the ticket is returned before expiry of the validity period. No legal entitlement to this exists, however. Refunds cannot be made on a goodwill basis for day tickets or single tickets. 
3. As is generally known, weather conditions -- especially early or late in the season -- may mean that it is not always possible to open all lifts or pistes. Such closures are primarily intended to ensure the safety of customers (e.g. avalanche danger, storm, etc.). Such restrictions on the services of the Bergbahn will not entitle the customer to any (pro rata) refund, extension or postponement of the ticket's period of validity if at least 75% of the lifts or pistes can nevertheless be used.
4. Since March 2020, customers will have been aware that the COVID-19 pandemic has meant that the company's operations and cable cars may be entirely and permanently suspended by official order due to circumstances beyond its control (e.g. consequences of the pandemic). Should a customer purchase a ticket during an officially ordered closure, he/she will not be entitled to any (pro rata) refund, extension or postponement of the ticket's period of validity.
5. When purchasing a ticket, the customer will also be aware that, owing to the worldwide COVID-19 pandemic, (new) officially ordered closures of individual cable car facilities, individual companies, entire regions, borders, etc. may occur at any time. Should these or similar cases arise, there will be no entitlement to any (pro rata) refund, extension or postponement of the ticket's period of validity.

V. Restrictions due to the COVID-19 pandemic

1. As is well known, there have been and still exist restrictions and limitations worldwide due to the COVID-19 pandemic that might also restrict the use of the Bergbahn's services (e.g. distance rules, restrictions on the number of people carried, regulations affecting the ticket office, boarding or disembarkation areas, reduced operating hours, regulations affecting border controls or border crossings, etc.).
2. Customers are expressly informed that new restrictions and limitations of this type affecting the use of the services of the Bergbahn may be imposed by the authorities at any time. In these cases, too, no claim may be made against the Bergbahn for any (pro rata) refund, extension or postponement of the ticket's period of validity.
3. The customer is solely responsible for complying with the measures prescribed by the authorities (in particular protective measures to contain COVID-19 or any other pandemic) as a prerequisite for the use of the services of the Bergbahn. Should the customer be unable or unwilling to comply with the measures prescribed by the authorities (e.g. submission of a negative test, proof of vaccination, etc.) and carriage is therefore refused, the customer may not claim any (pro rata) refund, extension or postponement of the ticket's period of validity.

VI. Loss or exchange of tickets

1. The issue of a replacement following the loss of a ticket is limited to multi-day, season and annual passes. An administration fee of € 30 will be charged for the issue of a replacement pass. The replacement pass is valid for the remaining contractual period following its issue: the lost ticket will be blocked. 
2. No replacement pass can be issued if a ticket is forgotten. 
3. No exchange, extension or postponement of a ticket's period of validity is possible.

VII. Liability

1. The Bergbahn shall not be liable for any damage incurred by a customer due to the conduct of third parties if such third parties are not assigned to the Bergbahn or if they are not subject to its authority. 
2. The contract of carriage is concluded solely for the use of the open facilities and pistes or ski routes during their respectively indicated operating times. Contractual claims can therefore only be made against the Bergbahn in relation to the relevant operating times and only in respect of open pistes/ski routes. 
3. Use of the free ski area is at the customer's own responsibility and risk. There are no safety or marking measures of any kind in the free ski area (e.g. safeguards, controls, barriers, etc.). Any measures taken in exceptional cases are voluntary and will not constitute any obligation on the part of the Bergbahn.

VIII. Obligations of the contracting parties

1. The customer is obliged to comply with FIS rules. 
2. The FIS rules are displayed on the notice board in the ticket office area and will also be provided to customers on request. 
3. The customer must behave in a considerate and responsible manner when practising sports and in particular maintain a sufficiently safe distance from piste-grooming machinery, skidoos, snowmaking equipment, etc. 
4. The instructions of the Bergbahn staff and of the piste rescue service must be obeyed as these ensure the safety of all users of the ski area and the avoidance of accidents, damage, etc. 
5. Sports may only be practised on marked pistes and ski routes: designated protected zones may not be entered or skied on and their use is prohibited. 
6. Operating hours must be observed: once the ski area is closed, its use is no longer permitted, in particular because grooming work (e.g. with the use of winches) will then be carried out and may therefore pose a risk to life. 
7. Walking and/or tobogganing on the pistes is strictly prohibited. Pedestrians may only use the designated winter hiking trails. 
8. Do not cause any fouling or contamination. 
9. In the event of an accident, it is job of the piste rescue team to decide on the appropriate care and rescue measures; the piste rescue team is therefore entitled to act accordingly in the best interests of the person involved in the accident. 
10. The conditions of carriage displayed have been submitted to the competent authority for the licensing of the respective cable car facility and correspond to the draft framework as published by the competent Ministry. These conditions will apply (in accordance with the statutory provisions) to the carriage of persons and to their conduct in the area of the cable car facility. Customers are obliged to comply with these conditions of carriage.