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Használási feltételek
of Berglift Stuhleck GmbH & Cie KG for the use of the website
www.stuhleck.com as well as for e-ticketing contracts with end-consumers, which
are concluded in the Skidata Webshop on the homepage www.stuhleck.com.
1. General
1.1.
These terms and conditions apply to the use of the website as well as
e-ticketing contracts between Berglift Stuhleck Österreichische Seilbahnen- Bau-
und Betriebsges.m.b.H. & Cie KG (in the following “Stuhleck“) and end-consumers
(in the following "guest").
Using the online registration form on this website or by ticking the provided
box you explicitly declare your acceptance of the terms and conditions and the
data privacy terms [LINK Datenschutzbestimmungen].
1.2.
In the course of the e-ticketing transaction, the guest purchases an e-ticket,
which is transferred to the RFID-data carrier specified during the online
booking transaction (this is the “keycard” with which the guest passes the
scanning system at the lifts, in the following “keycard“) when passing the
contact-free scanning system at the lift station in the ski resort Stuhleck for
the first time.
1.3.
By clicking on the “Pay“ button the guest makes an offer to enter into an
e-ticketing contract with Stuhleck. Stuhleck accepts the offer by sending a
confirmation email and activating the ski ticket at the Stuhleck data base
following the successful completion of the payment transaction. The e-ticketing
contract is thus concluded. The delivery takes place with the reception of the
booking confirmation. The guest carries the responsibility for a complete and
readable printout of the booking confirmation and has to carry the printout on
his/her person for the purpose of documentation during his/her stay in the
skiing resort.
1.4.
E-tickets in connection with the keycard specified during the online booking
transaction authorise the guest to use the lifts, slopes and winter sport
attractions on specific dates, unless otherwise indicated during the purchase of
the e-ticket. The guest may select the desired date from the available dates
during the booking transaction of the ticket. A transfer or changed of dates is
not possible after conclusion of the contract. The redemption of the e-ticket is
only possible at the selected date, unless otherwise indicated. A delayed
redemption is not possible – the e-ticket is invalid in this instance.
1.5.
Services offered by Stuhleck are recreational services within the meaning of § 5
c subpar. 4 No 2 KSchG / Consumer Protection Act, which are rendered at a
specific date or during a specific period of time. Therefore, the guest has no
right of withdrawal (§ 5 f No 7 KSchG / Consumer Protection Act).
1.6.
The e-ticket booked on to the keycard represents the authorisation for the
utilisation of the services included in the tariff. Passing the scanning system
without a functioning keycard with an e-ticket booked on it is not possible.
Each keycard is registered electronically when passing the scanning system.
After the expiration of the e-ticket’s validity period, the passing of the
scanning system is no longer possible.
1.7.
The guest is not authorised to make several printouts of the same booking
confirmation or to duplicate, reproduce or pass it on in any form. The guest has
to keep the keycard safe, to avoid unauthorised access by third parties.
1.8.
With the utilisation of the e-ticket, the user accepts the terms and conditions
of transportation and the tariff clauses of the ski resort Stuhleck.
1.9.
By ticking the “I accept the general terms and conditions” box, the guest
accepts the validity of these terms and conditions. Modifications of these terms
and conditions are only valid when they are agreed by both parties and this
agreement is in written form.
2. Payment
2.1.
The payment of the ordered e-ticket is conducted through the e-payment-module of
Wirecard AG. Thereby, various credit cards are accepted. Other payment methods
are not possible.
2.2.
Should a payment be redebited before visiting, the e-ticket is declared invalid.
3. Prices
3.1.
All prices cited in the e-ticketing-system are in Euro incl. VAT.
3.2.
The legitimisation for the utilisation of reduced prices for child and juvenile
tickets has to be proved by the production of an official photo identification
upon the request of the controllers in the ski resort. The unauthorised
utilisation leads to the immediate expiration of the e-ticket’s validity and the
guest has to pay the fares according to the tariff clauses.
4. Impairment of performance and liability
4.1
Stuhleck is not liable for damages caused for guests resulting from unauthorised
duplication or misuse of the booking confirmation, unless Stuhleck has caused
these damages through extreme negligence.
4.2
Stuhleck is not responsible for possible problems, which occur from the printout
of the booking confirmation by the guest. Furthermore, Stuhleck is not
responsible for the correctness and functionality of the email address of the
guest, as well as problems, which occur from a incorrectly entered or
malfunctioning email address.
4.3
Stuhleck is not liable for default or impossibility of service performance due
to force majeure (i.e. lack of snow, fire, theft, etc.) or due to reasons, which
are not within the sphere of influence of Stuhleck.
4.4
Stuhleck is liable for default or impossibility of service performance due to
reasons other than mentioned under point 4.3, as far as intent of gross
negligence of Stuhleck is at least at hand.
5. Data privacy and website utilisation
5.1
Stuhleck takes the security and protection of personal data very seriously.
The detailed data privacy terms can be viewed here [LINK
Datenschutzbestimmungen], the guest’s acceptance of the terms and conditions
also means agreement with them and their content.
These data privacy terms [LINK Datenschutzbestimmungen] together with the terms
and conditions are the basis for the utilisation of personal data, which the
guest provides Stuhleck while using this website.
The entire collection, processing, utilisation and storage of your data take
place in accordance with the prevailing data privacy terms.
5.2
With the purchase of a personalized ski ticket, the guest accepts the automated
gathering of personal information. The guest agrees to the gathering and
processing for control purposes to avoid misuse of the tickets as well as for
computerized customer support purposes. The information is deleted as soon as it
is not needed anymore, but three years after the last customer contact at the
latest.
With the purchase of a ski ticket, the guest accepts the personalized
photographic gathering, storing and processing at the ticket offices and access
control systems for control purposes to avoid misuse of the tickets, whereby, in
case of contractual use of the tickets, the information is deleted with the
expiration of the validity of the ski ticket.
If not otherwise specified, Stuhleck, other companies of Stuhleck or third
parties delegated by Stuhleck hold copyright and other intellectual property
rights (i.e. trademark, patent, flavour and utility model law) on all
information, software, documentation, data, data structure, services, logos,
trademarks, drawings, texts, video files, audio files, pictures and other
contents (in the following “contents”) on this website.
Absence of a respective regulation annotation does not mean liberty of rights of
Stuhleck, other companies of Stuhleck or third parties.
5.3
The contents of this website may only be downloaded, viewed and / or printed out
for private and non-commercial purposes on the basis of as follows and as long
as:
5.3.1 Documents or conjoint graphics on this website are not modified,
fragmented or translated;
5.3.2 Graphics on this website are not separated from the text they are used
with;
5.3.2 Author rights or copyrights of any kind or further reference to property
rights or other rights, which are part of the contents downloaded by the user,
are maintained and reproduced;
5.3.3 The source code or the structure of representations and / or contents are
not ascertained; and / or
5.3.4 No derivate products are produced under the application of contents.
6. Further regulations
6.1
Should one or more of the regulations of the present contract be void or invalid
due to any reason, it does not have any influence on the authenticity of the
other regulations of the contract. The contracting parties agree on the
replacement of the void or invalid regulation by one that comes as close as
possible to the commercial goal of the void or invalid regulation. The same
applies to the case of a regulatory gap.
6.2
Written declarations (especially the confirmation email with the booking number)
are considered to be delivered, if they are sent to the recently indicated
address of the guest.
6.3
Only written regulations between the contracting parties are effective. The
modification of the terms and conditions also requires the written form. This is
also the case, even when the written form is not explicitly ordered. Oral
agreements have no legal binding. The guest notes that employees of Stuhleck or
third parties are not authorised to agree to changes which differ from the main
service performance duties as agreed in this contract.
6.4
The Austrian right applies exclusively. For all disputes arising out of or in
connection with this contract, also concerning the validity of this contract,
the exclusive place of jurisdiction shall be the competent court of the ski
resort Stuhleck.
Effective as of the 30th November 2010
Berglift Stuhleck | Bundesstraße 6c, 8684 Spital am Semmering | Schneetelefon: +43-3853-333 | Lift-Infos: +43-3853-270