Terms

General Terms and Conditions and Scope of application
These General Terms and Conditions regulate the contractual relationship between the ARGE Ostalpen, consisting of the lift companies listed at the end of these General Terms and Conditions (hereinafter referred to as “member companies”), and the natural persons (hereinafter referred to as “customer or holder”) who purchase the Ostalpen-CardOstalpen-Card. By purchasing and using the Ostalpen-Card, the customer expressly accepts these terms and conditions. In addition, the conditions of carriage of the member company whose lifts and slopes – including ancillary facilities – are used concretely by the holder of the Ostalpen-Card.

1. Eligibility and use of the Ostalpen-Card

• All persons are entitled to obtain the Ostalpen-Card. They receive the normal rate according to the price list. Members of the regional ski federations Lower Austria, Styria, Vienna, Burgenland, and Upper Austria receive the ski federation rate on presentation of a valid ÖSV-licence during the pre-sale period.
• There is no entitlement to issue a free Ostalpen-Card for infants (this refers to children who, due to their date of birth, do not yet reach the age limits according to the Ostalpen-Card price list for children’s cards). For the transport of small children, the individual rate regulations of the individual ski areas apply.
• The years of each category can be found on the website under the heading “Prices.”
• Persons with a disability of 60% or more are considered to be disabled (proof by presenting an original social security confirmation) and receive special rates.
• The Ostalpen-Card is valid for one person only and is issued only after payment of the purchase price, indication of surname, first name, date of birth, address and a photograph. The photo as well as first and last name are digitally printed in the appropriate field via the cash register system. To obtain the Ostalpen-Card, it is necessary to be present in person or present a current photograph (without headgear and without ski goggles). For more information about the use of your data, please visit www.skiregion-ostalpen.at .
• The card is non-transferable, even within the family.
• An official photo ID must be presented or carried with you when purchasing and using the card.
• The Ostalpen-Card is only played on non-contact media. A keycard costs Euro 2,00 and is a deposit card. The functional “Keycard ISO Dual” can be used again next year. If a keycard does not work, the data can be transferred to a new card, however, a price of Euro 2.00 is also payable for the purchase of the new card. The customer receives the deposit of Euro 2,00 for the respective keycard upon return of the undamaged data carrier at the cash desk. For the use of the facilities of the Ostalpen-Card, the customer must always carry the Ostalpen-Card and present it on request – in conjunction with a photo ID.

2. Acquisition and withdrawal
The card can be purchased as follows:

• Purchase of the card directly in the ski resort: The customer pays and receives the desired Ostalpen-Card directly at the ticket office of a ski resort which is indicated as a point of sale.
• Purchase of the card via online order form: In the online order form, all data relevant to the issue of the personal card are queried. When the ordering process is completed, the customer will receive a summary of his order. It also includes information on remittance and sub-supply. The money must be transferred in advance to the account of Hochkar Bergbahnen GmbH as the administrative office of ARGE Ostalpen. Upon receipt of the payment on this account, the card will be sent to the customer immediately. As a rule, the ordered card is delivered within three working days.
• Acquisition of the card via webshop: Ski resorts of the ARGE Ostalpen are free to distribute the Ostalpencard additionally via their webshops. All data relevant to the issue of the personal card are queried in the respective web shop. When the order process is completed, the customer receives a summary of his order and then has the option to complete the purchase via online payment. After successful payment, both the invoice and an order confirmation including pick-up code will be sent to the e-mail address specified by the customer. With this pick-up code, the ticket can be picked up at any ticket office in the ski area where the customer purchased the ticket within 48 hours at the latest.
• Purchase of the card via e-mail to office@skiregion-ostalpen.at: Once the relevant data for the issue of the card have been sent to the ARGE Ostalpen via e-mail, payment can be made via direct debit or advance transfer, depending on the customer’s wishes. The transfer of the card will then take place as indicated in the previous paragraph after receipt of payment.
• Withdrawal from the purchase is fundamentally excluded as described in point 3. Specific conditions are set out in point 8 Reimbursement.

3. Rates and liability

• For the purchase of the Ostalpen-Card, the rates fixed for the respective season apply.
• The subsequent exchange for another ski pass and the transfer to other persons as well as the extension of the validity period is not possible.
• The holder of the Ostalpen-Card is obliged to store his ski pass in such a way that third parties do not have access to it, in order to prevent misuse, loss and theft.
• There is no right to reimbursement in case of bad weather, departure, illness (except point 8), avalanche risk, failure or interruption of facilities, closure of ski runs.
• The individual member companies operate their respective cable cars and lifts as well as slopes independently and legally. The member company that sells the Ostalpen-Card does not act and is not liable for the other member companies. Rather, it serves only as a point of sale. The acquisition of the Ostalpen-Card entitles the holder to use the services offered by the member companies. The specific service contract (use contract/promotion contract) is therefore only concluded with the member company whose facilities are currently being used. Therefore, the rate and transport regulations applicable in the respective ski area must be observed. Any liability towards the guests, whether due to contractual or statutory provisions, for incidents arising from or during the operation and use of the cable cars and lifts as well as slopes, is therefore solely the responsibility of the member company in whose area of responsibility the incident occurs. Liability of the other member companies is excluded. For facilities which are located in or adjacent to the ski area of the member company, but which are not part of the company which has signed the Ostalpen-Card-Agreement but in which the Ostalpen-Card is valid due to an internal pool constellation (sub-partner), the member company in whose sphere of influence these facilities are Liability obligations in the event of insolvency of the sub-partner.
• We reserve the right to discontinue individual facilities during or all facilities at the end of the season due to snow or weather conditions. There is therefore no claim for reimbursement.

4. Conditions for Eastern Alps-Card vouchers (postal delivery)

• We are your contractual partner issuing the voucher: ARGE Ostalpen, Göstling 46, 3345 Göstling/Ybbs, E: office@skiregion-ostalpen.at. Further information on the ARGE Ostalpen can be found at www.skiregion-ostalpen.at
• Our vouchers are value vouchers for the amount selected and paid by you as the purchaser. Our vouchers are only valid for the purchase of an Ostalpen-Card, freely transferable to third parties, but not redeemable in cash. Each voucher can only be redeemed once.
• We will send the voucher you have purchased to the postal address you provided in the ordering process after full payment of the voucher to us. The voucher code will be released by us for redemption as soon as the cancellation period (14 days from receipt of the voucher) has expired.
• The following payment options are available: Bank transfer.
• Our vouchers are accepted by all Ostalpen-Card sales outlets participating in the voucher programme and can only be redeemed there if you purchase an Ostalpen-Card directly. For the provision of services by our member companies, their General Terms and Conditions, including the respective cancellation conditions, apply. You can find out more about this at the relevant member company (see 14th list of member companies (lift companies)).
• Our vouchers are valid for 30 years; however, we ask all holders of a voucher to redeem the voucher within three years from the date of purchase at one of our partner companies in order to facilitate the billing process.
• Our vouchers are provided with a unique code, which is required to redeem the voucher. As the voucher holder, you are responsible for the secrecy of the voucher code yourself.
• In the event of non-use, theft or loss of a voucher, we will not provide any compensation. Loss of a voucher invalidates the performance attested by the voucher. We are not liable for misuse of the voucher by third parties.
• We process the personal data provided by you during the ordering process to fulfil the contract. The performance of the contract is only possible if you provide the necessary personal data. Further information on data protection can be found at www.skiregion-ostalpen.at.
• We are not responsible for the availability and quality of the services provided by our member companies, but only for the fact that the member company accepts the voucher and redeems it at the place of payment.
• For any complaints relating to the provision of services by our member company, please contact the member company concerned. For any complaints in connection with the redemption of the voucher, please contact our above-mentioned contact points.

• Cancellation policy

• Right of withdrawal
  As a private purchaser (consumer within the meaning of the Consumer Protection Act) of a voucher in the context of a purchase under the E-Commerce Act (distance purchase), you have the right to withdraw from this purchase agreement (to revoke the purchase agreement) within 14 days without giving reasons. The cancellation period (withdrawal period) is 14 days from the day on which you received the voucher by post. In order to exercise the right of withdrawal, please inform us by means of a clear statement (e.g. a letter sent by post or an e-mail or telephone [+43 7484 7214] of your decision to cancel the contract for the purchase of a voucher and send us the voucher at your own expense and at the latest within 14 days of submitting the declaration of withdrawal. to our e.g.
  Address back. You can also use the sample withdrawal form provided, but this is not obligatory. You will immediately receive a confirmation of receipt of your revocation from us.
  ARGE Ostalpen, Göstling 46, 3345 Göstling/Ybbs, E: office@skiregion-ostalpen.at.
• Consequences of revocation
  If you cancel the contract, we will immediately block the voucher code, which means that the voucher is no longer valid. Furthermore, we will reimburse all payments received from you without undue delay, at the latest within 14 days from the date on which we receive the notice of revocation of this contract.
  For repayment, we use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise with you. We do not charge any fee for the repayment.
• Dispute resolution
  The ARGE Ostalpen recognises the Internet Ombudsman as an out-of-court arbitration body and expressly agrees to the publication of the disputes or their resolution (conciliation recommendation) stating its name. Austrian Institute for Applied Telecommunications, Margaretenstraße 70, 1050 Vienna, Tel: +43 (0) 1/595 21 12-95, Fax: +43 (0) 1/595 21 12-99,
• E: kontakt@ombudsmann.at, www.ombudsmann.at

5. Instructions for use
The Ostalpen-Card cannot be used before 15.11.2022 or after 10.04.2023. During the period of validity, cardholders are entitled to use all cable cars and lifts operated by member companies during the respective opening hours. The daily available offer can be found at the respective ticket offices, at the electronic panorama boards, at the respective information channels of the ski area and at the respective ascent aids as well as from the Internet.
There is no (even an aliquot) claim for reimbursement in the event of blockages of individual member companies (partially or completely) for whatever reason.

6. Loss/theft
In the event of loss or theft, the cardholder is obliged to notify a member company immediately so that the lost or stolen card can be blocked immediately. Furthermore, an official notification of loss or theft must be made immediately. A new card will only be issued upon presentation of this notice of loss or theft, which must have been issued before the card is misused. A card will only be unblocked once it has been approved by the coordinator of the ARGE Ostalpen or a member company. In order to ensure the inspection and distribution of the lock, a waiting period of one day must be observed. For the issue of the replacement card, the customer has to pay Euro 25,00 for the handling fee and Euro 2,00 for the keycard.

7. Forgetting the Ostalpen-Card
If the customer forgets the Ostalpen-Card, he has to pay the rate of the respective member company for the duration of use. There is no claim for reimbursement of the user fee paid on the basis of the forgotten Ostalpen-Card – even if a valid Ostalpen-Card is presented subsequently.

8. Reimbursement
Accident/disease

• In the event of an accident or illness with a health impairment lasting at least five weeks, reimbursement will be made according to the calculation formula given below.
• In order to assert the claim for reimbursement, the user must present a medical certificate (in the event of an accident or illness with the duration of the impairment), until such time as the medical certificate is presented, there is no right to reimbursement.
• The amount of the right to reimbursement depends on the date of issue of the medical certificate. For the refund, a season duration of 120 ski days is always expected. The refund is calculated from 1 December to the end of February of the respective ski season, regardless of the actual start of the season.

Processing fee

• For the processing of proportional refunds, a processing fee of EUR 35 is charged and deducted from the refund claim. If the claim for reimbursement is less than the handling fee, it shall be invoiced to the claimant.

Non-use of the services offered

• It is expressly stated that no (proportional) refund can be claimed if the member companies are willing to perform, but the cardholder refuses to use these services due to personal considerations/decisions. Therefore, 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 if the cardholder is unable or unwilling to provide these proofs, no claim to a (proportional) refund can be asserted. This exclusion is valid for all card categories.

COVID-19 protective measures

• When implementing the COVID-19 protective measures issued by the Federal Government, the ticket entitles the passenger to use the cable cars from the date of entry into force of the respective ordinance only in connection with a valid proof of a low epidemiological risk to be provided by the passenger in accordance with the respective ordinance (vaccinated, recovered or tested). This proof shall be carried with you during use and shall be presented on request.

9. Abuse
Any misuse of the Ostalpen-Card by the customer shall result in the immediate and irreplaceable withdrawal of the Ostalpen-Card. Such misuse shall occur in particular in the event of (attempted) passing on and use of the Ostalpen-Card to/by third parties, the acquisition of the Ostalpen-Card by incorrect information about principal place of residence, age, employment relationship, etc. or if this is due to the In the event of misuse, the customer is also obliged to pay a contractual penalty in the amount of Euro 250,00 to the member company concerned (in which the misuse was discovered). Likewise, the member company concerned reserves the right to lodge a criminal complaint.

10. Defective data medium
If an Ostalpen-Card data carrier (keycard) is not accepted at the hub although the card is valid according to the imprint, a “new card” must be issued by the member company in whose territory the error occurs. For the new keycard, the customer has to pay an amount of Euro 2.00. For the defective, but externally undamaged keycard, the Euro 2,00 will be refunded. However, in the event of external damage, the Euro 2,00 will not be paid out.

11. Compensation
Claims for damages in cases of slight negligence are excluded. This does not apply to Personal injury. For the rest, the rate and transport regulations of the respective member companies apply.

12. Jurisdiction/applicable law
Any action brought against a consumer who has his domicile, habitual residence or place of employment in the territory of the territory of which he has his domicile, habitual residence or place of employment shall have jurisdiction in any of the courts in which he has his domicile, habitual residence or place of employment. For consumers who are not domiciled in Austria at the time of conclusion of the contract, the legal jurisdictions apply. Austrian substantive law applies. The contract language is German.

13. Change of address
In the event of a change of residence, the customer is obliged to announce the new residential address within 14 days.

14. Liste der Mitgliedsbetriebe (Liftgesellschaften)
• Agrargemeinschaft Seebergalm
• Annaberger Liftbetriebs-Gesellschaft m.b.H.
• ARGE Schigebiet Unterberg
• Bergbahnen Mitterbach GmbH
• Bergbahnen Stuhleck GmbH
• Familienarena Bucklige Welt-Wechselland GmbH
• Familienschiberg St. Jakob im Walde, Stephan Berger e.U.
• Freizeitbetriebe Veitsch GmbH
• Hauerecklifte Schilift Betriebs GmbH & Co KG
• Hochkar Bergbahnen GmbH
• JAUerling Lift GmbH
• Königsberg-Hollenstein Skilifte GmbH
• Maiszinken Lift
• Mariazeller Bürgeralpe Seilbahn Betriebs GmbH
• Naturerlebnis Bürgeralm GmbH & Co KG
• Ötscherlift-Gesellschaft m.b.H.
• Schilift GmbH Mürzsteg-Niederalpl
• Skilifte Puchenstuben GesmbH
• Schischaukel Mönichkirchen-Mariensee GmbH
• Schmoll Schilifte Steinhaus am Semmering
• Schneeberg-Sesselbahn GmbH
• Semmering-Hirschenkogel Bergbahnen GmbH
• Turnauer Schilift GmbH & Co KG
• Wenigzeller Schilift BetriebsGmbH & Co K