GENERAL TERMS AND CONDITIONS OF THE WINTERSPORT TIROL AG & CO STUBAIER BERGBAHNEN KG
1 SCOPE OF THE GTCS
x The Wintersport Tirol AG & Co Stubaier Bergbahnen KG (hereinafter referred to as „Stubai Glacier“) provides its services to its customers on the basis of these General Terms and Conditions (hereinafter referred to as „GTC“).
x The content of the respective current version of the GTC (which is e.g. available on the internet, posted in the ticket office area or handed over to the customer upon request) is agreed upon with the purchase of the ticket as part of the contractual relationship between the Stubai Glacier and the customer.
x If the customer purchases a (network) ticket for the use of facilities of several companies, the Stubai Glacier shall only act as their representative for the other companies. The services that can be used with such a(n) (network) ticket are provided by legally independent entrepreneurs. The company in whose (ski) area an accident occurred is therefore always liable for the provision of the individual services and for the consequences of any accidents; contractual claims (e.g. from piste safety or transport) are therefore processed by the company in whose (ski) area an incident occurred.
2 SERVICES – STUBAI GLACIER
x The precondition for using the services of the Stubai Glacier is the purchase of a valid ticket (data carrier).
x Transport takes place after an access control has been carried out.
x The ticket must be shown to the employees of the Stubai Glacier on request and handed over if required so that it can be checked whether the services of the Stubai Glacier are rightly being used. In case of refusal to comply with this obligation, the ticket may be blocked and carriage denied.
x Unless otherwise agreed, the price announced by the Stubai Glacier at the time of the conclusion of the contract is to be paid for the purchase of the respective ticket.
x For a day or multi-day ticket, the customer will be given a corresponding data carrier, for which the customer must pay a deposit fee of EUR 2.00. Upon return of the undamaged and functional multi-day pass, this deposit fee will be refunded.
x Reduced-price tickets are only issued on presentation of an appropriate proof (e.g. valid photo ID).
x Details (in particular price details) in brochures, circulars, catalogues, advertisements, price lists, etc. are non-binding, subject to changes and the prices announced at the time of purchase of the ticket apply. Prices are subject to change due to unforeseeable fluctuations in price.
4 VALIDITY OF THE TICKETS
x While using the transport service of the Stubai Glacier, a valid ticket must always be carried and presented to the staff of the Stubai Glacier upon request.
x If a customer is carrying a reduced-price ticket, he/she must present proof of the existence of a reason for reduction in the event of an inspection by Stubai Glacier staff. If the customer does not provide this proof immediately or within 24 hours at the latest, the ticket will be confiscated without replacement. In this case, the Bergbahnen are also entitled to charge a manipulation fee of EUR 40.00.
x Tickets may not be transferred, resold, etc. to third parties without the prior written consent of the Stubai Glacier.
x Multi-day tickets are only valid on consecutive days, unless a different period of validity is expressly stipulated (e.g. election-day ski passes/ election passes).
5 CONFISCATION OF THE TICKET
x Misuse of the ticket/pass (e.g. unauthorised passing on, use of another person‘s ticket, disregard of the instructions necessary for the safe operation of the cable car facilities, use of a reduced-price ticket without meeting the requirements, etc.) leads to the immediate confiscation of the ticket. Any use of the transport service without a ticket will be reported to the police.
x Should a customer endanger the physical integrity of third parties (e.g. other customers, employees of the Stubai Glacier, etc.) through their reckless or dangerous behaviour, the Stubai Glacier can exclude the customer – for the protection of third parties – from further transport if they continue their behaviour despite a warning.
x In none of these cases will the remaining days of the ticket’s validity be refunded, replaced or credited.
x 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, these days will not be refunded, replaced or credited.
x Reimbursement will be made in the event of a sports accident. The ski pass must be deposited immediately at one of the ticket offices. A medical certificate from a local doctor can be provided up to the next day. The days of use are the days from the issue to the deposit of the ski pass. Tickets with free choice of days, day ticket as well as single rides will not be refunded. Only the ski pass of the injured person will be refunded.
x A processing fee of EUR 15.00 will be charged for the refund of annual Stubai Glacier tickets or SMEG passes. The Stubai Glacier annual pass is valid from 15 September to the 14 September of the following year.
x As is generally known, due to weather conditions or other circumstances – especially in the early or late season – it may not always be possible to open all lifts or pistes, if necessary, the closure of all lifts. Such closures are primarily for the safety of customers (e.g. avalanche danger, storm, government-ordered closures, other restrictions). Due to such a restriction of the Stubai Glacier offer, if necessary, the closure of all lifts, there is no entitlement to a refund, extension or postponement of the validity period of the ticket.
x Customers know due to the COVID-19 pandemic since March 2020 that the operation of companies and also mountain lifts could be completely and permanently suspended by official orders because of circumstances that cannot be influenced (such as the consequences of the pandemic or government restrictions). Should the customer purchase a ticket during an officially ordered closure, there is no entitlement to a (pro rata) refund, resp. extension or postponement of its period of validity.
x The customer is also aware at the time of the purchase of the ticket that due to the worldwide COVID-19 pandemic or government restrictions officially ordered closures of individual lifts, companies, regions and borders may occur at any time. Also, for these or comparable cases, there is no entitlement to a (pro rata) refund, extension or postponement of the validity period of the ticket.
7 RESTRICTIONS DUE TO OFFICIAL ORDERS
x Government regulations may also restrict the provision or use of the services of the Stubai Glacier (e.g. distance rules, restriction of the number of persons transported, regulations for the ticket office, boarding or disembarkation area, reduction of operating hours, regulations on border controls or border crossings, energy control, etc.). For closure periods due to official orders, an aliquot refund will be made. For multi-day tickets, the days not consumed will be refunded (refund amount= purchase price x (days not consumed / validity period)).
x As is generally known and as has been the case every year since the beginning of commercial winter sports in the entire Alpine region, not all facilities and pistes can always be open throughout. Should individual facilities or pistes be closed, a (proportional) refund can only be claimed under the following conditions:
Under these conditions, the cost of the Annual Pass and Season Pass is refunded on a pro rata basis and the user is reimbursed one-twentieth of the cost per unused day.
x For network tickets (e.g. Freizeitticket Tirol, Snowcard Tirol) the respective GTC apply.
x Compliance with officially prescribed measures (in particular the protective measures to contain the COVID-19 or any other pandemic) as a prerequisite for the use of the services of the Stubai Glacier is exclusively the responsibility of the customer. If the customer is unable or unwilling to comply with officially prescribed measures (e.g. presentation of a negative test or proof of vaccination, etc.) and transport may therefore not be provided, the customer may not claim a (pro rata) refund, extension or postponement of the period of validity.
8 LOSS, EXCHANGE
x After the loss of a ticket, a replacement ticket is issued only upon presentation of a proof of purchase. A processing fee will be charged for the issue of a replacement ticket. The replacement ticket is valid for the remaining contract period after issuance, the lost ticket is blocked.
x No replacement ticket can be issued for a forgotten ticket.
x An exchange, a prolongation or a postponement of the validity of a ticket is not possible.
x The Stubai Glacier shall not be liable for damages caused to a customer by the conduct of third parties if these third parties are not attributable to the Stubai Glacier or if they are not subject to its instructions.
x The transport contract is only concluded for the use of the open facilities and pistes or ski routes during the respectively announced operating times. Contractual claims against the Stubai Glacier therefore only exist for the duration of the operating times and only for open pistes/ski routes.
x The use of the open ski area is at your own risk and responsibility. In the open ski area, no safety or marking measures (e.g. protection, controls, barriers, etc.) are taken. Measures taken in exceptional cases are voluntary and do not constitute any obligation on the part of the Stubai Glacier.
10 OBLIGATION OF THE CONTRACTING PARTIES
x The customer is obliged to comply with the FIS rules.
x The FIS rules can be found on the notice board in the area of the ticket office and will also be handed out to the customer on request.
x The customer must behave in a considerate and responsible manner when practising the sport and in particular also maintain a sufficient safety distance from piste machines, skidoos, snow-making equipment, etc.
x The instructions of the Stubai Glacier staff and the piste rescue service must be obeyed, as these serve the safety of all users of the ski area and the prevention of accidents, damage, etc.
x Sporting activities are only permitted on marked pistes and ski routes, designated protection zones may not be entered or skied on, their use is prohibited.
x The operation hours must be strictly observed. After closing time, use of the ski area is no longer permitted, in particular because grooming work (e.g. with the aid of winches) is then carried out and there is therefore a danger of life.
x Walking and/or tobogganing on pistes is strictly prohibited. Pedestrians must only use the designated winter hiking trails.
x Any pollution must be avoided.
x In the event of an accident, it is up to the piste rescue team to decide how to provide care and rescue measures and the piste rescue team is entitled to take measures according to its decision in the best possible interest of the person involved in the accident.
x The posted conditions of carriage were submitted to the competent authority in the licensing procedure of the respective lift installation and correspond to the framework draft published by the competent ministry. They apply (according to the legal provisions) to the carriage of persons as well as to their behaviour in the lift area. The customer is obliged to comply with these conditions of carriage.
11 CONDITIONS OF CARRIAGE
x In all other respects, the conditions of carriage of the individual cable cars and lifts apply. (posted at the lifts).
x Gondola lifts are authorised to transport passengers and winter sports equipment. No transport of aircraft and bicycles.
x Chairlifts are authorised to transport passengers with belted winter sports equipment. These are: alpine skis, monoskis, snowboards, swingboards (swingbo) with bindings, skis for corn snow skiing, ski bob with short skis, “bockerl” with short skis, special sports equipment for invalids with relevant technical requirements. Relevant practice is assumed. If safety is not ensured with the special equipment, transport will be denied.
x T-bar lifts are authorised to transport passengers with belted winter sports equipment. These are: monoskis, snowboard, swingboard (swingbo) with binding, short skis, special sports equipment for invalids. Appropriate practice is assumed. If safety with the special equipment is not guaranteed, no transport will take place.
12 POWDER DEPARTMENT RUNS (FREERIDE ROUTES)
The Freeride routes (runs) described in the Powder Department section are not part of what our ski area offers – they are off-piste areas (wilderness). For this reason, there are no safety measures for these areas. There are especially no checks and no areas are closed. Any measures taken are on a completely voluntary basis or are outside of our sphere of influence. This does not mean that we are obliged to carry out these measures in the future. It may not be assumed that similar measures will be carried out in the future, nor may it be assumed that the area is currently safe because measures that were in place have now been ended. To the contrary, the ski resort operator will never indicate to expect safe conditions. The orientation aids available (or “GPS tracks” which can be called up) do not give any reliable information about whether the area is safe to be skied in or about any current hazards. The ski resort operator has no power over who or how many persons enter the off-piste area. Consequently – as is the case generally in off-piste areas – you are exclusively responsible for your own safety and are entering the area completely at your own risk.
13 MAINTENANCE OF HIKING TRAILS, CYCLING TRACKS AND CLIMBING ROUTES
The maintenance of the hiking trails, cycling routes and climbing routes is not the responsibility of WINTERSPORT TIROL AG & CO STUBAIER BERGBAHNEN KG. The liability lies with external service providers.
14 DATA PRIVACY
All information on data privacy can be found at www.stubaier-gletscher.com/en/privacy-policy/
15 INFORMATION ACC. TO §24 DPA 2000 ON “PHOTOCOMPARE”
It should be noted that, for the purpose of access control, a reference photo of the lift ticket holder will be taken the first time they pass through a turnstile equipped with a camera. This reference photo is compared by the lift staff with those photos that are taken each time they pass through a turnstile equipped with a camera. The reference photo is 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 there is also the possibility of purchasing lift tickets which are technically configured so that no photo is taken when passing through the turnstile, but random checks by the lift staff must be expected.
16 TERMS FOR USING THE INTERNET ACCESS IN THE AREA OF THE STUBAI GLACIER USER AGREEMENT
x The use is free of charge and limited to the duration of the presence in the area of the Stubai Glacier. The Stubai Glacier cannot accept any liability for the actual availability of Internet access.
x The use is subject to the technical possibilities. In particular, the user has no right to use the Internet Guest LAN in any specific way or for a specific period of time.
x Any liability, in particular for warranty and compensation (with the exception of intent and personal injury), is hereby excluded. In particular, no liability is assumed for the content of websites accessed or downloaded files. Furthermore, no liability is assumed for any virus attack through the use of the Internet Guest LAN. The user expressly acknowledges that the Internet Guest LAN only allows access to the Internet, but does not feature any virus protection or firewall.
x Accessing pages with illegal content and the distribution of illegal or legally protected content is prohibited.
x In particular, it is expressly forbidden for the user to use the Internet Guest LAN for downloading or for any other kind of distribution of copyrighted content.
x Any improper use of the Internet Guest LAN, in particular any use which could have adverse legal consequences for third parties or the Stubai Glacier, is prohibited.
x Should the Stubai Glacier be exposed to third party claims for any reason due to the use of the Internet Guest LAN, the user is obliged to indemnify and hold harmless the Stubai Glacier in this regard.
17 LIABILITY EXEMPTION CLAUSE
The Stubai Glacier ski area excludes all liability, with the exception of replaceable damages that are the result of deliberate and grossly negligent, illegal or any other behaviours that is within its responsibility.
Should one point of the GTC be invalid, the other points shall remain valid.
The English version is for information purposes only. The legally valid version is the German one.
General Terms and Conditions (GTC) of the "Stubai Glacier" online booking platform
Status: March 2023