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.
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].
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.
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.
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.
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).
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.
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.
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.
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.
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.
Should a payment be redebited before visiting, the e-ticket is declared invalid.
All prices cited in the e-ticketing-system are in Euro incl. VAT.
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
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.
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.
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.
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
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.
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.
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
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.
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.
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.
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