General terms and conditions

General Terms and Conditions for Transport Contracts of Silvretta Montafon Holding GmbH, Silvretta Montafon Bergbahnen GmbH, Silvretta Montafon Gastronomie GmbH, Silvretta Skischule GmbH, Skischule Silvretta Montafon St. Gallenkirch GmbH, Silvretta Montafon Sportshops GmbH and Silvretta Montafon Sporthotel GmbH & Co KG (each hereinafter also referred to as the “Contractual Partner” or “SiMo-Gruppe”)

 

1. Components of the Contract

These General Terms and Conditions (T&Cs) constitute a component of the Contract; they are accessible to the Customer on the internet and are also displayed in the various cash desks/cableway entrances. The general pricing provisions, price lists and officially approved conditions of transport as displayed at the individual mountain cableway entrances constitute additional components of the Contract. Furthermore, the FIS Rules constitute a component of the Contract. The Customer is obliged to act considerately and in accordance with the FIS Rules within the context of the transport contract, and especially in the ski region, and not to endanger the physical safety of other people, in particular with regard to other SiMo-Gruppe customers.

 

2. Conclusion of Contract

a) Representatives of other mountain cableways
Silvretta Montafon Bergbahnen GmbH (SiMo) is a member of the “Montafon Brandnertal Card” ticket network (mountain cableway companies in Montafon: e.g. Schafbergbahnen Gargellen, Skigebiet Golm, Skigebiet Kristberg, etc. and Bergbahnen Brandnertal) and also other ticket networks, for example the “Ländlecard” network. These “mountain railways” or mountain railway companies (irrespective of their legal form), which have come together in these ticket networks, operate their respective cableways and lift systems, as well as ski slopes and ski routes under their own responsibility and legally independently. Upon purchase of a ticket that entitles you to use the mountain cableways in the Montafon and Brandnertal ski regions or the “Ländlecard” (e.g. season tickets, multi-day tickets), a framework contract is concluded and the SiMo-Gruppe acts as representative on behalf of those other “mountain cableways”.

 

b) The specific transport contract (individual contract) comes into effect when the Customer uses the ski ticket at the respective access systems, albeit only with the respective cableway or lift company whose facilities, ski slopes and ski routes the Customer is using at that time.

 

c) When purchasing tickets that exclusively entitle the purchaser to use the facilities of one cableway and lift company (e.g. day tickets), the transport contract comes into effect at the cash desk. When purchasing tickets that exclusively entitle the purchaser to use SiMo facilities (e.g. day tickets), the contract that arises is exclusively with SiMo.

 

d) If tickets are purchased from third parties (third parties are external points of sale, such as the various mountain cableway companies, Montafon Tourismus and other points of sale, in particular Stand Montafon, sports companies, hotels, tourism offices, etc.), those third parties are acting as representatives to conclude the framework contract for the “mountain railways” (e.g. in the case of season tickets and multi-day tickets) or as representatives of the respective mountain railway company to conclude the transport contract (e.g. day tickets, individual contracts).

 

e) If other SiMo-Gruppe services or products (e.g. snow sports lessons or sports equipment) are purchased from third parties, those third parties are acting as representatives of SiMo or as representatives of the respective company conducting the transaction (transaction in question).

 

f) If additional services are purchased from SiMo-Gruppe or via the SiMo website and are performed by third parties (e.g. mountain experiences such as paragliding, etc.), SiMo is also acting as a representative on behalf of and for the account of the respective service provider, such that the service contract that comes into effect is exclusively with that service provider.

 

3. Liability

a) Any possible liability resulting from the transport contract (individual contract) vis-à-vis the Customer or on the basis of other contractual or statutory provisions, for incidents arising from or during the operation and use of the cableway and lift facilities as well as ski slopes and ski routes, will (on the basis of Section 2.) affect only that cableway and lift company in whose ski region the incident occurs. The other cableway or lift companies of “Montafon Bergbahnen” or other ticket networks (e.g. “Ländlecard”) will bear no liability. In particular, no liability will arise from the framework contract.

 

b) Liability for property damage and financial losses of the SiMo-Gruppe companies based on ordinary negligence is excluded by mutual agreement. In particular, the Contractual Partner has no obligation to assume liability in the event that Customer clothing is soiled by lift facilities as a result of ordinary negligence.

 

c) SiMo-Gruppe will bear no liability for any lost Customer property, in particular items that have been deposited or left in the ski region, business premises or similar (e.g. cable cars) by Customers.

 

d) In the case of all other contracts governing other services and products, the liability of SiMo and its group companies for property damage and financial losses caused by ordinary negligence is excluded.

 

4. Liability when acquiring services from various operators (“Packages”)

a) If the Customer acquires services from various companies and other SiMo-Gruppe companies (e.g. Silvretta Montafon Gastronomie GmbH, Silvretta Montafon Sportshops GmbH, Silvretta Skischule GmbH) for one overall price (“Packages”), these General Terms and Conditions shall apply with regard to Section 2, Conclusion of Contract, and Section 3, Liability: Upon purchasing such services from various companies, a framework contract is concluded with SiMo, which entitles the purchaser to make use of services from various companies and SiMo-Gruppe companies.

If additional services are purchased from SiMo-Gruppe or via the Silvretta Montafon website and are performed by third parties (e.g. mountain experiences such as paragliding, etc.), Silvretta Montafon is also acting as a representative on behalf of and for the account of the respective service provider, such that the service contract that comes into effect is exclusively with that service provider.

 

b) The specific contract (contract for work, freelance service contract, etc.) governing the service used in each case (individual contract) comes into effect with the respective company providing the service (Silvretta Montafon Gastronomie GmbH in the case of food services; the respective transport company in the case of transport services, e.g. SiMo; Silvretta Montafon Sportshops GmbH in the case of rental contracts for ski items; Silvretta Skischule GmbH in the case of freelance service contracts, the Sporthotel in the case of accommodation contracts, etc.).

Furthermore, the respective General Terms and Conditions of the company with which an individual contract of this type governing the provision of services comes into effect apply and are displayed in the respective business premises/facilities.

 

c) No liability will arise from the framework contract. Liability resulting from the respective individual contract vis-à-vis the Customer or on the basis of other contractual or statutory provisions will therefore only affect the respective contractual partner to that individual contract. The other SiMo-Gruppe companies or the aforementioned companies will therefore bear no liability.

 

d) Liability for property damage and financial losses based on ordinary negligence is excluded by mutual agreement.

 

5. End of business hours, End of contract

The transport contract with the respective cableway and ski lift companies lasts only until the end of business hours. Once business hours have ended, snow groomers with cable winches are in operation. Once business hours have ended, the Customer travels at his/her own risk. Liability for accidents after business hours have ended is excluded.

 

6. Contractual breaches on the part of the Customer

a) The Customer acknowledges that it is his/her contractual duty to adhere to the FIS Rules and to act considerately towards other customers and the Contractual Partner's vicarious agents, and, in particular, not to endanger the physical safety of other people.

 

b) It is also the Customer's contractual obligation to follow orders given by the cableway and lift attendants (vicarious agents) of SiMo or MB.

 

c) If the Contractual Partner or its vicarious agents determine that the Customer has breached these contractual obligations, the Customer may be asked to leave the ski region without compensation. In this event, the Customer will not be entitled to use the ski region for the following 24 hours. Employees of the Contractual Partner are entitled to revoke tickets and take used sports equipment so as to enforce this usage prohibition (Section 14 of the Vorarlberg Sports Act).

 

d) Moreover, the Contractual Partner is entitled to demand a contractual penalty per incident in the amount of €200. The assertion of any additional claim for compensation remains unaffected by this.

 

7. Ski patrol pass

In the event of a ski accident, rescue and transport to a valley station of the Contractual Partners by the ski patrol is free of charge if the Customer has purchased a ski patrol pass for €9.50. Without a ski patrol pass, rescue and transport are subject to a fee. The Customer will be charged the lump sum as displayed at the cash desks (no less than € 140.00 as at September 2016 or as per the current valid price list). Any obligations to reimburse third-party rescue costs (e.g. helicopter rescue, mountain rescue, etc.) remain unaffected by this.

 

8. Refunds of ski passes, operational shutdown

In the case of serious injuries (this does not apply to companions) that significantly hinder the Customer's ability to undertake skiing activity, the Montafon ski pass will be refunded proportionally. The day on which the Montafon ski pass is returned will be considered the relevant return date in terms of the refund claim, provided the pass is returned before 10:00 am; otherwise, the next day will be considered the return date. A medical certificate issued by a doctor based in Montafon will be required; this may be submitted at a later date. No refunds will be given for day tickets and two-day tickets. A processing fee will be charged, as shown on the price list. If the mountain cableways and ski lifts are partially or wholly shut down due to snow and weather conditions, the Customer is not entitled to request a refund of the price paid. Such operational shutdowns as well as any operational faults for any reason whatsoever provide no entitlement to refunds. Lost cards will not be replaced.

 

9. Force majeure

In the event that weather and snow conditions, official measures, force majeure or the non-commissioning of mountain cableways and ski lifts or other reasons of public order and security prevent the services of the Contractual Partners from being performed, the Contractual Partners shall not be obliged to fulfill services that have already been ordered. In this case, the Customer shall have no claim for reimbursement of fees already paid. Fees that have already been paid for services affected by the foregoing circumstances shall not be reimbursed.

 

10. Withdrawal and cancellation

a) The Customer acknowledges that the contracts concluded with the Contractual Partner (e.g. ski passes, snow sports lessons,
items of sports equipment, etc.) are contracts governing “leisure services” in the sense of Austrian consumer protection regulations
(Section 18 (1) (10) of the Austrian Law governing non-face-to-face business and contracts concluded outside of business
premises [FAGG]). The Customer therefore has no right of withdrawal if he/she concludes contracts via remote channels (email,
internet, fax, telephone, etc.). Withdrawal or exchange after conclusion of contract is likewise excluded in the case of all other
transactions.
b) Notwithstanding the conditions under point a), the Customer has the right to cancel the contracts concluded with the Contractual
Partner prior to commencement of the contract performance by the Contractual Partner. Should this right be invoked, a
cancellation fee will apply. The fee is calculated as a percentage of the total booking fee and is subject to the following timescale:
From the day of booking until
• 3 days before commencement: 40% of the booking fee
• 2 days before commencement: 60% of the booking fee
• 1 day before commencement or failure to attend: 100% of the booking fee

 

11. Data processing

The processing of personal data is carried out in compliance with the applicable data protection provisions (GDPR and Austrian Data Protection Act (DSG)). It may be necessary to take and save digital photos in order to obtain permits. The associated data processing is necessary for contract performance and is carried out in accordance with Article 6 (1) (b) of the GDPR.
Additional information on data protection and, in particular, on the data subject rights can be found in our Data Protection Policy.

 

12. Other provisions 

a) It may be necessary to take and save digital photos in order to obtain permits. The Customer grants his/her consent to this.

b) Identification must be provided for all special rates. All permits are non-transferable.
Use of the company’s own installations (e.g. halfpipes, etc.) may be restricted at times.

c) There are no launch and landing areas for paragliders available in the “Silvretta Montafon” area used by the SiMo lift and cableway facilities, i.e. including the “Hochjoch” area. Paragliding flights are therefore undertaken at your own risk. Paragliders are obliged to remain at least 200 m from the SiMo cableway facilities.

d) Ticket checks are carried out. Misuse of tickets will lead to revocation without compensation. Anybody found without a valid ticket during a ticket check will be subject to a contractual penalty in the amount of three times the day ticket price.

e) Austrian law shall apply. The court with jurisdiction at the headquarters of SiMo is exclusively competent for all matters arising from this Contract.

 

 

As at January 2018