GTC Lower Austria Mountain Adventure Pass
GTC Mountain Adventure Pass - Legal information as of 20.09.2024
General Terms and Conditions (GTC) and scope of application
These GTC govern the contractual relationship between the Ötscher lifts and the natural persons (hereinafter referred to as “customer or holder”) who purchase the Lower Austrian Mountain Adventure Pass.
The customer accepts the GTC applicable at the time of his contractual declaration (= submission of the offer to purchase the Lower Austrian Mountain Adventure Pass, see point 2), which are published on the website at www.oetscher.at/agb-oetscher. In addition, by purchasing and using the Lower Austrian Mountain Adventure Pass, the customer expressly accepts the conditions of carriage of all those member companies whose lift and piste facilities - including ancillary facilities - the holder of the Lower Austrian Mountain Adventure Pass specifically uses at the time of his contractual declaration. The conditions of carriage of the individual member companies are to be classified as independent supplements to the GTC and are displayed for inspection at the valley stations and ticket counters of the individual member companies and published on their websites.
ARGE NÖ Bergerlebnispass reserves the right to amend these GTC. The amended GTC come into force as soon as they are published on the website at www.oetscher.at/agb-oetscher and displayed at all valley stations and ticket counters of the member companies and apply to all legal transactions concluded after the GTC come into force.
1. eligibility and use of the Lower Austrian Mountain Adventure Pass
All persons are entitled to purchase the Lower Austrian Mountain Adventure Pass, subject to the statutory provisions on legal capacity. The current prices according to the standard tariff as well as special tariffs can be found in the price lists, which are displayed at the ticket counters of the member companies and published at www.oetscher.at/agb-oetscher. The price list that is currently displayed at the ticket counters of the member companies and published at www.oetscher.at/agb-oetscher at the time the customer submits the contractual declaration shall apply.
There is no entitlement to a free Lower Austrian Mountain Adventure Pass for small children (i.e. children up to the age of 6); if an adult in the family group (parents, grandparents) acquires a Lower Austrian Mountain Adventure Pass, the children in the family group (children, grandchildren) under the age of 6 receive the MINI Mountain Adventure Pass (equivalent to the Lower Austrian Mountain Adventure Pass) free of charge or against payment of the deposit for the keycard. For the transportation of small children, the individual tariff regulations of the individual ski areas apply.persons with a disability of 70% or more are considered disabled (proof is provided by presenting an original social insurance certificate) and have their own special tariff, which can be found in the price lists displayed at the ticket counters of the member companies and published at www.oetscher.at/wintertickets-preise-oetscher.
The Lower Austrian Mountain Adventure Pass is personal and can only be allocated to one person and is only valid for that person. The Lower Austrian Mountain Adventure Pass is only issued after payment of the purchase price, indication of surname, first name, date of birth, address and a photograph. The photo, first name and surname are digitally printed on the Lower Austrian Mountain Adventure Pass in the field provided for this purpose via the cash register system. Further information regarding the use of your data can be found in our privacy policy, which is displayed at the ticket counters of the member companies and published at www.oetscher.at/datenschutz-oetscher.
The pass is not transferable to third parties.
The Lower Austrian Mountain Adventure Pass is only loaded onto contactless data carriers. A keycard costs Euro 5.00 and is a deposit card. The functioning “Keycard ISO Dual” can be used again next year. If a keycard does not work, the data can be transferred to a new card, but a price of Euro 5.00 plus a processing fee of € 25.00 must also be paid for the purchase of the new card, provided that the malfunction is not the fault of the member companies. The customer will receive a refund of Euro 5.00 for the respective keycard upon return of the undamaged data carrier at all ticket counters of the member companies. When using the facilities of the participating mountain railroads of the Lower Austrian Mountain Adventure Pass, the customer must always carry the Lower Austrian Mountain Adventure Pass with them and present it on request - in conjunction with a photo ID.
2. purchase and withdrawal
The card can be purchased as follows:Purchase of the card directly in the ski area: The customer pays and receives the desired Lower Austrian Mountain Adventure Pass directly at the cash desk of a ski area that is designated as a sales point.
Purchase of the card via webshop: The ski resorts of ARGE NÖ Bergerlebnispass are free to also sell the NÖ Bergerlebnispass via their webshops. In the respective webshop, all data relevant for the issue of the personal card is requested. Once the order process has been completed, the customer receives a summary of their order and then has the option of making an offer to conclude a ticket purchase contract by clicking on the “Buy” button and then completing the online payment process. After successful payment, the customer will be sent both the invoice and an order confirmation including a collection code to the e-mail address provided by the customer; this process concludes the ticket purchase contract. With this collection code, the ticket can be collected at all ticket offices of the ski area in whose webshop the customer has purchased the ticket after 0.5 hours at the latest during opening hours.
The presentation of the ticket options of the ARGE NÖ Bergerlebnispass on their website at www.bergerlebnispass.at and in the webshops of the participating mountain railroads, in other advertisements (brochures, circulars, catalogs, advertisements, price lists, etc.) or at their locations does not constitute an offer in the legal sense.purchase of the card via e-mail to info@bergerlebnispass.at: After the data relevant for the issue of the Lower Austrian Mountain Adventure Pass (surname, first name, date of birth, address and a photograph) have been sent to Hochkar & Ötscher Tourismus GmbH by e-mail, payment can be made by direct debit; by sending the e-mail, the customer submits the offer to purchase. After successful payment, the customer will be sent both the invoice and an order confirmation including a collection code to the e-mail address provided by the customer; this process concludes the ticket purchase contract. With this pick-up code, the ticket can be picked up at the Hochkar & Ötscher Tourismus GmbH ticket counter during opening hours after 0.5 hours at the latest.
Withdrawal from the purchase is only excluded for ticket purchases on site at one of the ticket counters of the member companies.
3. tariffs and liability
The subsequent exchange for another ski pass and the transfer to other persons as well as the postponement of the validity period is not possible. However, in the case of online ticket purchases and ticket purchases by e-mail, the customer has the right to withdraw from the ticket purchase contract in accordance with the FAGG.
The holder of the Lower Austrian Mountain Adventure Pass is obliged to store his/her pass in such a way that misuse, loss and theft can be avoided.
If the customer is unable to use the Lower Austrian Mountain Adventure Pass due to illness or any other impediment for which he/she is solely responsible, he/she is not entitled to a refund. The individual member companies operate their respective cable car and lift facilities as well as slopes and other facilities on their own responsibility and legally independently. The member company that sells the Lower Austrian Mountain Adventure Pass does not act and is not liable for the other member companies. Rather, it only serves as a point of sale. The purchase of the Lower Austrian Mountain Adventure Pass entitles the holder to use the services offered by the member businesses. The specific service contract (contract of use/contract of conveyance) is therefore only concluded with the member company whose facilities are currently being used. The tariff and transportation regulations valid in the respective ski area must therefore be observed. Any liability towards guests, whether based on contractual or statutory provisions, for incidents arising from or during the operation and use of the cable car and lift facilities as well as slopes or other facilities shall therefore be borne exclusively by the member company in whose area of responsibility the incident occurs. Liability of the other member companies is excluded. For facilities that are located in or next to the ski area of the member company, but which do not belong to the company that has signed the Lower Austrian Mountain Adventure Pass Agreement, liability is excluded.
4. terms of use
The Lower Austrian Mountain Adventure Pass can only be used during the advertised winter season of the respective participating member companies; the current period of the winter season is displayed at all ticket stations and valley stations of the member companies and published at www.oetscher.at/betriebszeiten-im-winter-oetscher.
5. loss/theft/forgotten
In the event of loss, theft or other misappropriation, the cardholder is obliged to report this immediately at the ticket counters, by telephone or by e-mail to a member company so that the lost, stolen or forgotten card can be blocked immediately and a new card issued. A new card will only be issued if the report was made before the card was misused. A card will only be unblocked again when the coordinator of the ARGE NÖ Bergerlebnispass or a member company releases it. A waiting period of one day must be observed to ensure that the block is checked and distributed. The customer must pay a processing fee of Euro 25.00 and Euro 5.00 for the keycard to issue a replacement card.
6. reimbursement in the event of accident/illness
In the event of an accident or illness with a health impairment of at least five weeks, a refund will be made in accordance with the calculation formula below.To claim a refund, the user must present a medical certificate (in the event of an accident or illness with the duration of the health impairment) and the Lower Austrian Mountain Adventure Pass; until this medical certificate is presented, there is no entitlement to a refund.A refund is excluded in any case if the card has already been used for 10 days or more.
A refund for use after February 28 is excluded.
Refunds are not possible after 01.04.
Any refunds are purely as a gesture of goodwill and do not constitute a legal entitlement for the future; in the event of a refund of the Parents' Card, the Children's Season Free Passes and Mini Free Passes must also be returned!
Any second adult pass cannot be refunded in this context.
The following amount will be deducted from the purchase price for each ski day used
- Adult: € 50,-
- Child: € 30,-
Processing fee
A processing fee of EUR 25 will be charged for the processing of pro rata refunds and deducted from the refund claim. If the refund claim is lower than the processing fee, the claimant will be invoiced for this.
Non-utilization of the services offered
It is expressly stated that no (pro rata) refund can be claimed if the member companies are willing to provide services but the cardholder does not make use of these services due to personal considerations/decisions. If, for example, official measures are ordered for the use of the services (e.g. obligation to present a negative test certificate, proof of vaccination, etc.) and the cardholder is unable or unwilling to provide this proof, no claim for a (pro rata) refund can be made. This exclusion applies to all ticket categories.Refund of unused season ticketsIf the season ticket has not been used during the entire season due to injury or illness, it will be refunded (sales price). However, the processing fee will be charged. Otherwise, the same conditions apply as for the normal refund. A refund after 01.04. is not possible.
7. misuse
Any misuse of the Lower Austrian Mountain Adventure Pass will result in the pass being blocked immediately and without replacement. Misuse is deemed to have occurred in particular in the event of (attempted) transfer and use of the Lower Austrian Mountain Adventure Pass to/by third parties, acquisition by providing incorrect information about main residence, age, etc. or if this was obtained by presenting false confirmations. In the event of misuse, the customer is also obliged to pay a contractual penalty of EUR 250.00 to the member company concerned (where the misuse was discovered). The member company concerned also reserves the right to file a criminal complaint.
9 Defective data carrier
If a Lower Austrian Mountain Adventure Pass data carrier (keycard) is not accepted at the turnstile even though the card is valid, a “new card” must be issued by the member company in whose area the error occurs. For the new keycard, the customer must again pay an amount of EUR 5.00, unless an undamaged Lower Austrian Mountain Adventure Pass keycard is returned to the member company.
10 Compensation for damages
Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury. Otherwise, the tariff and transportation regulations of the respective member companies apply.
11 Place of jurisdiction/applicable law
For all actions brought against a consumer who has his domicile, habitual residence or place of employment in Austria due to disputes arising from this contract, one of the courts in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction. For consumers who are not domiciled in Austria at the time the contract is concluded, the statutory places of jurisdiction shall apply. Austrian substantive law shall apply.
The contract language is German. Only the German version of these GTC is binding, and the operator reserves the right to amend these GTC from time to time. Any such amendment shall only apply to future ticket purchases. The current version at the time of ticket purchase shall apply. This also applies to the entire period of validity of a ticket.
12. list of member companies (lift companies)
Annaberg Lifts - office@annabergerlifte.at
Erlebnisalm Mönichkirchen - office@erlebnisalm.com
Gemeindealpe Mitterbach - info@niederoesterreichbahnen.at
Hochkar Bergbahnen - info@hochkar.com
Königsberg - info@koenigsberg.at
Maiszinken - gemeindeamt@lunz.gv.at
Mariazeller Bürgeralpe - office@buergeralpe.at
Ötscherlifte Lackenhof - info@oetscher.at
Semmering Hirschenkogel - info@semmering.com
Wexl Arena St. Corona am Wechsel - info@wexlarena.at