General Terms and Conditions (hereinafter referred to as “GTC”)
of Lienzer Bergbahnen AG(hereinafter referred to as “the Company”)for all legal transactions between the Company and third parties(hereinafter referred to as “Contract Partners”)
1.Scope of the GTC
1.1.The Company enters into contracts with its Contract Partners—also without reference in individual cases—exclusively on the basis of these General Terms and Conditions. Deviating terms of a Contract Partner apply only if specifically agreed in writing. If such terms are sent by the Contract Partner, they waive any legal effect arising from them. The GTC remain valid in all other respects even if individual provisions are found to be invalid.
1.2.Any annulment, supplementation, or amendment of the GTC or of contracts between the Company and Contract Partners must be made in writing to be valid. This also applies to waiving the requirement of written form.
1.3.The Contract Partner acknowledges that persons attributable to the Company are not authorized to make statements deviating from these GTC or other declarations by the Company.
1.4.Oral statements are only valid if they are confirmed in writing in the Company’s official form.
2.Conclusion of Contract / Pricing / Representation
2.1.Offers made by the Company are generally non-binding and may be amended or withdrawn by the Company even after receipt of the Contract Partner’s response. All details in brochures, circulars, catalogs, advertisements, price lists, etc. are also non-binding.
2.2.If an order is accepted by the Company without a prior offer or if services are rendered that were not expressly included in the order, the Company may claim the fee listed in its currently valid price list or its customary remuneration.
2.3.The Company is entitled to have all or part of its obligations fulfilled by third parties. Payment to the third party is made exclusively by the Company itself. No direct contractual relationship of any kind arises between the third party and the Contract Partner.
2.4.Information about prices and the scope of services is available on request at the ticket offices.
3.Fee and Validity of Ski Passes / Tickets
3.1.Ski passes/tickets (hereinafter both referred to as “tickets”) are non-transferable and must be shown within the inspection zone.
3.2. Tickets valid for up to 15 days are valid on consecutive days—unless it is a special offer with a different validity period; an interruption of validity for one or more days is not possible.
3.3. If tickets are valid for several days and a change of season occurs during the validity (discount, advantage, or peak season), a mixed price will be charged.
3.4. The deposit fee for the KeyCard is € 5.00. Undamaged, functional KeyCards from the current season can be returned at ticket counters and vending machines. There is no entitlement to a refund for KeyCards from previous seasons. Exceptions are the KeyCard TopSkipass Kärnten & Osttirol and the SnowCardTirol.
3.5. A malfunction of a ticket must be reported immediately at the nearest ticket counter. Later complaints regarding function or billing cannot be considered.
4. Refunds
4.1. In case of accident or illness of the contractual partner, there is no entitlement—regardless of the legal grounds—to a refund of the ticket fee; any possible refunds are purely acts of goodwill and do not establish any legal claim for the future. A prerequisite for such goodwill gestures is the immediate deposit of the ticket of the injured/ill person at a valley ticket counter as well as submission of a medical certificate from a doctor or hospital in Lienz or the surrounding area. A possible goodwill gesture can only be granted from the time the ticket is deposited.
4.2. The fee for day tickets is non-refundable under any circumstances.
4.3. Bad weather, avalanche risk, unforeseen departure, interruptions of operations, operational closures due to weather at individual or all facilities, closure of ski runs, official closures or shutdowns, overcrowding of slopes, force majeure, natural disasters, etc., do not entitle you to a refund.
4.4. It is expressly pointed out that, due to the global COVID-19 pandemic, there may be (renewed) officially ordered closures of individual cable car installations, individual or all partner companies, entire regions, national borders, etc., at any time (as already occurred in spring 2020). There is no entitlement to an extension or refund of the ticket in these or comparable cases.
5. Misuse of Tickets
5.1. The improper use as well as unauthorized transfer of tickets will result in immediate confiscation without compensation and an obligation to pay a fine of at least € 100.00. The company also reserves the right to file criminal charges.
5.2. If services of the company are used without a valid ticket, there is an obligation to pay the corresponding fare in addition to a fine of at least € 100.00. The company also reserves the right to file criminal charges.
5.3. For discounted tickets (children, teenagers, disabled persons with a disability of 60% or more), proof must always be presented or carried; if not provided, the company reserves the right to charge the difference between the reduced and normal fare and, if necessary, file criminal charges.
6. Loss or Exchange
6.1. Lost tickets cannot be replaced, regardless of their validity period.
6.2. The loss of a season pass or the Sportpass Lienz must be reported immediately at one of the ticket counters. Upon payment of a handling fee of €10.00, the lost card can be blocked and a new one issued.
6.3. A subsequent exchange, extension, or postponement of the validity period of already purchased or issued tickets, including season or annual passes (Season Pass Lienz, Outdoor Card Lienz, TopSkipass Kärnten & Osttirol, Snow Card Tirol, Sportpass Lienz, Osttirol’s Glockner Dolomiten Card), is not possible.
6.4. If tickets and/or season or annual passes have been forgotten or not brought along, an appropriate day ticket or single ride must be purchased, and the fee paid for this will not be refunded.
6.5. In justified cases (corrections, specific transactions, etc.), a handling fee of €10.00 will be charged.
7. Performance and Default
7.1. The place of fulfillment for all obligations to be met by the company and its contractual partners is A-9900 Lienz / Austria.
7.2. Bad weather, avalanche risk, unforeseen departure, natural disasters, operational interruptions, weather-related suspension of operations of individual or all facilities, closure of ski runs, overcrowding of slopes, force majeure, etc., do not extend the period of performance and do not entitle the contractual partner to make claims against the company, on whatever legal grounds.
7.3. To the extent legally permitted, claims for damages — in any case, however, in the event of slight negligence — due to default on the part of the company are excluded.
7.4. If performance becomes impossible, all contractual obligations expire and the contractual partner is in any case not entitled to a claim for damages.
7.5. Due to meteorological and operational reasons as well as depending on capacity, a limited lift and slope offer may be provided.
8. Compensation and Liability
8.1. In the event of compensation claims, the company is only liable for intent or gross negligence. Liability for slight negligence is excluded; as is compensation for consequential and financial losses, interest losses, and damages from claims of third parties against the contractual partner.
8.2. If the company — on whatever legal grounds — is held liable, the liability amount is limited to the sum covered by the liability insurance.
8.3. The company is not liable for damages caused to a slope user or contractual partner due to the misconduct of others. In cases of particularly reckless and dangerous behavior as well as disregard of closures or other regulations, the company has the right to exclude the affected contractual partner from transportation.
9. Obligations of the Contractual Partner
9.1. The conditions of carriage displayed at all valley stations are an integral part of the contract of carriage. They apply to the transportation of persons as well as to conduct within the railway area. The contracting party is obliged to comply with these conditions. Any violation of the conditions of carriage results in liability and leads to the immediate withdrawal of the ticket.
9.2. The contracting party is obliged to comply with the FIS rules.
10. Choice of Law and Jurisdiction
10.1. For all contracts concluded between the company and its contracting party, and for all claims arising from the legal existence or non-existence of these contracts, the application of substantive Austrian law, to the exclusion of the provisions of Austrian international private law, is agreed.
10.2. The court with exclusive jurisdiction for all legal disputes arising from any contract concluded or to be concluded on the basis of these conditions between the company and its contracting party shall be the court with subject-matter jurisdiction for A-9900 Lienz. However, the company may also bring actions against the contracting party in any other national or international court of jurisdiction.
11. Data Protection and Data Processing
11.1. If personal data is provided, it will be used to process inquiries and/or bookings, to provide other services, and for administrative purposes.
11.2. The contracting party agrees that their personal data may be stored and processed as necessary. The personal data of the contracting party will be treated in strict confidence in accordance with the provisions of the Data Protection Act.
11.3. Personal data will not be sold or otherwise marketed to third parties. Personal data will only be transmitted or disclosed to third parties if this is necessary for business processing or if prior consent has been given; consent can be revoked at any time. It may also be necessary to disclose personal data due to legal requirements or legal proceedings.
11.4. Transportation is carried out after an access control has been performed. The location and number of accesses are stored exclusively for billing purposes, and only if necessary to fulfill the contract.
12. Other Provisions
12.1. Should individual provisions of the agreement be or become invalid, or should a loophole exist, the remaining provisions shall remain in force. In place of the ineffective provision or to fill the loophole, an appropriate provision shall be deemed agreed upon, which most closely corresponds to the hypothetical intent of the contracting parties or which would have been agreed upon according to the spirit and purpose of the agreement if the point had been considered.
12.2. The company may transfer its rights and obligations at any time in whole or in part to third parties; a transfer by the contracting party is only permitted with the company’s consent.
12.3. The legal remedy of rescission of the contract on the grounds of mistake is excluded.
12.4. If the contracting party purchases a SnowCardTirol, a TopSkipass Kärnten & Osttirol, a SkiHit multi-day pass, or an Osttirol’s Glockner Dolomitenkarte from the company, the general terms and conditions applicable to the respective card, which are available on the relevant homepage, shall apply in addition.
13. Restrictions Due to the Global COVID-19 Pandemic
13.1. It is generally known that worldwide restrictions and limitations exist due to the COVID-19 pandemic. These must also be observed for transportation via the cable car systems and for the use of facilities that can be accessed with the ticket (e.g., distancing rules, restrictions on the number of transported persons, regulations regarding the maximum number of guests, regulations for cash desks, boarding or exit areas, reduction of operating hours, regulations on border controls or crossings, etc.).
13.2. You are hereby expressly informed that restrictions and limitations on the use of the ticket due to official orders or legal regulations may apply at any time. This may lead, for example, to delays in transportation, denial of entry (reaching the maximum number of guests), early termination of operations, or the unavailability of facilities, etc.
13.3. Even based on these or comparable restrictions and limitations on the use of the ticket, there are no claims or demands against the selling company.