Terms and Conditions of Annaberger Liftbetriebs-Gesellschaft m.b.H.

Terms and Conditions

1 Scope

1.1 Annaberger Liftbetriebs-Gesellschaft m.b.H. (hereinafter “the Operator”) operates ski slopes, ski lifts and mountain railways, as well as a zipline in the Annaberg region.

1.2 These General Terms and Conditions (hereinafter “GTC”) apply to all services relating to the use of the Operator’s ski slopes, transport on the Operator’s ski lifts and mountain railways, the use of the Operator’s zipline, and the sale of tickets (hereinafter collectively “Services”) between the Operator and the persons making use of the Services offered by the Operator (hereinafter “Customers”).

2 Tickets and Ticket Purchase

2.1 A valid access pass is required for the use of the ski slopes and transport via the Operator’s lifts and mountain railways. The Operator offers various types of access passes with different periods of validity (e.g. hourly tickets, day tickets, multi-day tickets, season tickets, individual tickets or group tickets; hereinafter collectively referred to as “Lift Tickets”).

2.2 Use of the zipline is not included in the lift ticket. A separate ticket must be purchased to use the zipline (hereinafter “zipline ticket”).

2.3 A parking permit (hereinafter “parking ticket”) must be purchased to use the operator’s car park. Holders of a valid lift ticket or a zipline ticket may use the operator’s car park free of charge during the ticket’s validity period and within the car park’s opening hours.

2.4 The term “tickets” hereinafter refers to lift tickets, zipline tickets and parking tickets.

2.5 If the customer holds a Niederösterreich-CARD or a Wilde Wunder Card, they may avail themselves of certain discounts (further details are available on the Niederösterreich-CARD or Wilde Wunder Card websites).

2.6 Customers may purchase tickets either at ticket counters on site or online via the operator’s webshop at shop.annaberg.info. Customers are entitled to use the operator’s ski slopes, lifts and mountain railways during the validity period of the purchased lift ticket and within the opening and operating hours (see Section 4). A zipline ticket entitles the customer to one zipline ride during opening and operating hours (see Section 4). A parking ticket entitles the customer to use the operator’s car park during car park opening hours (see Section 4).

2.7 Tickets issued in a specific name are non-transferable.

2.8 If the customer purchases a ticket via the operator’s online shop, the provisions set out in Section 7 of these Terms and Conditions shall also apply.

2.9 The operator reserves the right to temporarily suspend ticket sales in the event of imminent overcrowding on the slopes, at the lifts and cable cars, in the car park or on the zipline. The customer therefore has no entitlement to purchase a ticket.

2.10 Once a ticket has been purchased, it is not possible to change or extend its validity period.

2.11 A deposit of EUR 2 must be paid when a keycard is issued. Upon return of the keycard, the operator will refund this amount to the customer, provided the keycard has not been damaged by the customer.

2.12 The customer is obliged to carry a valid lift ticket at all times whilst using the operator’s ski slopes, lifts and cable cars and to present it to lift and slope staff upon request.

2.13 Lift tickets are automatically checked at the access points to the lifts and mountain railways via electronic control systems. Access to the operator’s lifts and mountain railways is not possible without a valid lift ticket.

2.14 The operator’s lift and piste staff are authorised to carry out random checks of lift tickets. Upon request, the customer must present their valid lift ticket.

2.15 During the winter season, lift tickets for pedestrians are valid only on designated chairlifts and only for transport without winter sports equipment.

2.16 Holders of personalised tickets may have their tickets blocked at a ticket office in the event of loss, upon presentation of the proof of purchase and proof of identity, and will receive a replacement ticket for the remaining period of validity.

2.17 A valid lift ticket, zipline ticket or parking ticket is required to use the operator’s car park.

3 Use of the ski slopes, the zipline, the lifts and mountain railways

3.1 When using the operator’s lifts and mountain railways, the customer is obliged to comply with the officially approved conditions of carriage as displayed in the access area of the respective lift facility or mountain railway. The conditions of carriage can be accessed at https://www.annaberg.info/daten-fakten.

3.2 The FIS rules apply on the ski slopes. These can be accessed at alpinesicherheit.at/10-fis-regeln.

3.3 When using the zipline, the customer is obliged to comply with the rules of use for the zipline as displayed in the access area of the zipline. The rules of use for the zipline can be accessed at https://www.annaberg.info/zipline-annaberg and are brought to the customer’s attention via a notice before the zipline ride.

3.4 The customer must follow the safety instructions given by the operator’s staff.

4 Opening and operating hours

4.1 The respective opening and operating hours of the lifts and cable cars, the slopes, the car park and the zipline can be found at www.annaberg.info/betriebszeiten-preise.

4.2 The ski slopes are closed daily between 17:00 and 08:30 during the winter season (“Closed Period”). During the Closed Period, there is an increased risk of injury due to slope grooming work, winch cables, snowmaking equipment, and exposed cables and hoses. Ski slopes must therefore not be entered or skied on during the closed period. Exceptions to this are the Thursday evening sessions for skiers and ski tourers. On these evenings, all slopes are open to skiers and ski tourers from the end of lift operations until 20:30.

4.3 Special trips on lifts and mountain railways outside the regular opening and operating hours as per point 4.1 are only possible by individual arrangement with the operator. Special trips are not included in the ticket price and will be charged separately following consultation with the operator.

5 Restrictions on services

Due to circumstances beyond the operator’s control (such as accidents, bad weather, avalanche risk, mudslides or pandemics), restrictions may be imposed on the operator’s services (e.g. closure of lifts, slopes or parts thereof, or closure of the zipline), provided this is essential for important reasons, such as a legal obligation on the part of the operator or to protect the health and physical safety of persons.

6 Refund of ticket prices

6.1 If a restriction on the services offered under Section 5 is unreasonable for the customer because the restriction is not merely minor or is not objectively justified, the customer is entitled to a refund of the ticket price (pro-rata where applicable).

6.2 For customers who have purchased a ticket valid for at least two days, a pro-rata refund is also possible if, whilst using the operator’s services, they sustain a sports injury that makes further use of the operator’s services impossible. In this case, the refund shall be made from the day following the last day of use. To claim a refund, the customer must provide the operator with a medical certificate from a local doctor or hospital and the proof of purchase or order confirmation (if the customer purchased the ticket via the online shop).

6.3 If, due to operational suspensions or restrictions in accordance with Section 5, the three ski resorts are closed for a period exceeding three weeks, the season ticket will be refunded on a pro rata basis for the duration of the closure. The refund shall be calculated as the sale price divided by the number of days in the planned season, multiplied by the number of days during which the ski resorts are closed. Any refund may only be made after the end of the last day of the season, but within 8 weeks of the first day of the early closure of operations, upon separate request by the respective passholder.
Early closure of operations due to insufficient snow conditions is expressly excluded from this refund.

6.4 The provisions of this section do not affect the statutory right of withdrawal under the Distance and Off-Premises Sales Act (see point 7.4).

7 Special provisions for the online shop

7.1 General

7.1.1 The provisions of this Section 7 apply to all purchases made via the Operator’s online shop. The online shop is available at shop.annaberg.info. The provisions of this Section 7 do not apply to the purchase of tickets at on-site ticket counters.

7.1.2 Tickets available for purchase via the online shop are sold exclusively by the operator.

7.1.3 All prices are quoted in euros, inclusive of all taxes and charges.

7.2 Ordering process

7.2.1 Before submitting a binding offer, the customer has the opportunity to find out about the various ticket options available in the online shop.

7.2.2 In the web shop’s user interface, the customer receives information on the online prices, the key features and the validity periods of the available ticket options.

7.2.3 During the winter season, the ticket prices displayed are calculated on a daily basis using an automated pricing process. This may result in prices varying depending on the time of the enquiry. Prices are not personalised, for example on the basis of personal data or the individual customer’s user behaviour.

7.2.4 After selecting the desired ticket and validity period, the customer must provide their personal details (name, address, date of birth).

7.3. Order confirmation, conclusion of contract and receipt of the ticket

7.3.1 The information displayed in the online shop does not constitute a binding offer by the operator, but rather an invitation to the customer to make an offer based on the information displayed. A legally binding contract is only concluded upon acceptance of the offer by the operator by means of sending a contract confirmation.

7.3.2 After selecting the desired ticket and entering their personal details, the customer is shown an overview of their order. The customer has the opportunity to check their entries once more and correct them if necessary.

7.3.3 By clicking the “Pay” button, the customer confirms their details and is redirected to the payment service provider. By completing the payment process, the customer makes a legally binding offer. The customer receives confirmation from the operator that the offer has been received; however, this does not yet constitute acceptance of the offer. A legally binding contract is only concluded upon receipt of a separate email in which the operator confirms acceptance of the offer.

7.4. Information on the right of withdrawal

7.4.1 When purchasing season tickets via the operator’s online shop, the customer is entitled to a statutory right of withdrawal in accordance with Section 11 of the Distance and Off-Premises Sales Act (“FAGG”).

7.4.2 The customer may withdraw from such a contract within fourteen days of the contract being concluded without giving any reason.

7.4.3 To exercise the right of withdrawal, the customer must inform the operator, Annaberger Liftbetriebs-Gesellschaft m.b.H., Annarotte 126, 3222 Annaberg, office@annabergerlifte.at, +43 (0)2728/8477, of their decision to withdraw from the contract. The customer may use the model withdrawal form available at [https://drive.google.com/file/d/10VG_NqYefjYOdkv9qPGEysPAoKNNDKyt/view], although this is not mandatory. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of their exercise of the right of withdrawal before the withdrawal period expires.

7.4.4 If the customer withdraws from such a contract, the operator must refund all payments made by the customer to the operator without delay and at the latest within fourteen days of the day on which the operator received notification of the withdrawal from the contract. For this refund, the operator shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no event shall the customer be charged any fees in connection with this refund.

7.4.5 If the customer has requested that the operator commence the provision of services during the withdrawal period, the customer shall pay the operator a reasonable amount corresponding to the proportion of services already provided up to the time the customer informs the operator of the exercise of the right of withdrawal in respect of this contract, compared to the total scope of services provided for in the contract.

Please note: Single-journey, hourly, daily, multi-day, car park and zipline tickets are services provided in connection with leisure activities, for which a specific time or period is contractually stipulated for the operator’s performance of the contract (Section 18(1)(10) FAGG). The customer therefore has no rightof withdrawal for single-journey, hourly, daily, multi-day, parking and zipline tickets purchased via the online shop.

7.5 Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/. The operator is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings voluntarily.

8 Contact

The operator’s contact details are:

Annaberger Liftbetriebs-Gesellschaft m.b.H., FN 92557p
A-3222 Annaberg, Annarotte 126
+43 (0)2728/8477, office@annabergerlifte.at

9 Final provisions

9.1 The operator does not submit to any out-of-court complaint or redress procedures.

9.2 These Terms and Conditions may be accessed, saved and printed at any time under “Terms and Conditions Annaberger Lifte”.

9.3 The contract language is German. Only the German version of these Terms and Conditions is binding.

9.4 The operator reserves the right to amend these Terms and Conditions from time to time. Any such amendment shall apply exclusively to future ticket purchases. The version current at the time of ticket purchase shall apply. This also applies throughout the entire validity period of a ticket.

Terms and Conditions for Vouchers

1. Via the website of the operator [Annaberger Liftbetriebs-Gesellschaft m.b.H.] (hereinafter “Operator”), persons wishing to make use of the services offered by the Operator (hereinafter “Customers”) may purchase vouchers.

2. The service provider INCERT e-Tourismus GmbH & Co KG is engaged to process the purchase of vouchers. The contract is concluded between the Customer and the Operator.

3. The vouchers may only be used for the purchase of services in the Operator’s online shop. The value of the voucher is deducted from the invoice amount shown. If the value of the selected service(s) exceeds the value of the voucher, the difference may be settled using any other valid payment method. If the value of the voucher exceeds the value of the selected services, a remaining balance will remain on the voucher.

4. Vouchers are generally valid for 30 years, unless a shorter validity period has been agreed in individual cases on objective grounds.

5. When purchasing services in the operator’s online shop, the operator’s General Terms and Conditions apply, which are also available on the relevant website.

6. The information displayed during the purchase of vouchers does not constitute a binding offer by the operator, but rather an invitation to the customer to make an offer based on the information displayed. A legally binding contract is only concluded upon acceptance of the offer.

7. After selecting the desired voucher amount and entering their personal details, the customer is shown an overview of their order. The customer has the opportunity to check their entries once more and correct them if necessary.

8. By clicking the “Pay” button, the customer confirms their details and is redirected to the payment service provider. A legally binding contract is concluded once the payment process is complete.

9. Once the payment process is complete, the voucher will be sent to the email address provided by the customer as part of the confirmation of the contract. The vouchers can be redeemed in the operator’s online shop during the payment process by entering the individual voucher number.

10. The operator reserves the right to exclude certain services from purchase with vouchers. Excluded services are clearly marked in the operator’s online shop.

11. Vouchers or any remaining credit cannot be redeemed for cash. Lost or stolen vouchers cannot be replaced.

12. The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/. The operator is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings voluntarily.

13. The operator’s contact details are:

Annaberger Liftbetriebs-Gesellschaft m.b.H., FN 92557p
A-3222 Annaberg, Annarotte 126
+43 (0)2728/8477, office@annabergerlifte.at

The operator does not submit to any out-of-court complaint or redress procedures.

14. These general terms and conditions may be accessed, saved and printed at any time at www.annaberg.info/agb-annaberg.

15. The contract language is German. Only the German version of these General Terms and Conditions is binding.

16. The operator reserves the right to amend these general terms and conditions from time to time. Any such amendment shall apply exclusively to future voucher purchases. The version current at the time of the voucher purchase shall apply. This also applies throughout the entire validity period of a voucher.

Information on the right of withdrawal

Right of withdrawal

The customer has the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the customer or a third party designated by them, who is not the carrier, took possession of the goods.

To exercise the right of withdrawal, the customer must inform the operator (Annaberger Liftbetriebs-Gesellschaft m.b.H., Annarotte 126, 3222 Annaberg, office@annabergerlifte.at, +43 (0)2728/8477) of their decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or an email). The customer may use the model withdrawal form available at [https://drive.google.com/file/d/10VG_NqYefjYOdkv9qPGEysPAoKNNDKyt/view], although this is not mandatory. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of their exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If the customer withdraws from this contract, the operator shall refund all payments received from the customer, including delivery costs (with the exception of any additional costs arising from the customer’s choice of a delivery method other than the cheapest standard delivery offered by the operator), without undue delay and at the latest within fourteen days of the day on which the operator receives notification of the withdrawal from this contract. For this refund, the operator shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no event shall the customer be charged any fees in connection with this refund.

The operator may withhold the refund until it has received the goods back or until the customer has provided proof that they have returned the goods, whichever is the earlier.

The customer must return or hand over the goods to the operator without delay and in any event no later than fourteen days from the day on which the customer informs the operator of the withdrawal from this contract. The deadline is met if the customer dispatches the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if such loss is attributable to handling of the goods that is not necessary for the purpose of inspecting their nature, characteristics and functioning.

Date: 15 November 2023