GENERAL TERMS AND CONDITIONS
of Shuttleberg GmbH & Co KG for electronic bookings of access authorizations on contactless data carriers (Keycard), request system, and other bookings via www.shuttleberg.com
Scope of Application:
These General Terms and Conditions (GTC) apply to all current and future services provided in connection with bookings of access authorizations (ticket bookings) via internet (web applications) for the respective user.
Subject of the Contract:
The subject of the contract is the pre-sale of access authorizations to recreational facilities stored on data carriers electronically. The "Direct-to-lift ® Ticket Reservation and Booking System" (hereinafter referred to as DTL) developed by SkiData AG enables the sale and activation of access authorizations (e.g., ski passes) for the Ski amadé association's SkiData access control system in conjunction with electronic data carriers (KeyCards) via the Internet or other electronic media. This mainly saves the customer from purchasing access authorizations on-site, thus avoiding queues and waiting times at the counters.
Contracting Party:
The contracting party for the customer in electronic pre-sale is exclusively the operator of the recreational facility chosen by the customer, as stated in the booking confirmation, Bergbahnen Shuttleberg GmbH & Co KG / Ski amadé. The transport conditions of the respective cableway apply. The operator uses various partners, directly or indirectly, for the technical and financial processing of the electronic booking, such as SkiData AG (www.skidata.com). However, these companies do not enter into a direct contractual relationship with the customer unless such a relationship already exists based on other legal grounds. During the booking process, it is also possible that users are redirected to the websites of these companies, for which the respective company is solely responsible.
Nature and Scope of the Booked Service:
These are determined by the terms and conditions posted at the respective operator's recreational facility.
Special Conditions for the Electronic Booking Process:
Booking is only possible after complete and correct entry of all mandatory fields in the booking window. There is no legal entitlement to the pre-sale bonus if the season ticket booking is not possible within the pre-sale period for any reason. The customer is solely responsible for correctly entering data, especially the data carrier number, and acknowledges that incorrect entry may prevent the activation of the data carrier. Refer to the operating instructions for guidance. The data carrier number is located on the KeyCard.
Contract Conclusion:
The customer acknowledges that the order process cannot be canceled or reversed after the payment button is activated. The contract is concluded if the booking confirmation is retrievable by the customer via their provider within 30 minutes after submitting the order.
Use of the Booked Service:
The booked service can be used no sooner than 30 minutes after receiving the booking confirmation when reloading an existing KeyCard. From this point, the data carrier activation generally applies at all initial access points of the booked recreational facility. When ordering a KeyCard, the postal delivery period should be considered (usually three working days). We do not assume liability for lost deliveries by mail or KeyCards not dispatched on time.
The electronic booking confirmation (email confirmation) from Bergbahnen Shuttleberg GmbH & Co KG / Ski amadé is the only valid proof of a properly completed booking. Therefore, it must be carried by the customer and presented, along with the booked data carrier, to the facility operator's staff in the event of complaints. The customer acknowledges that data transfers over the internet and other data lines may cause issues with data carrier activation. However, this does not lead to any legal consequences if the recreational facility's usage is ensured otherwise. If the customer does not use the booked access authorization for any reason - except due to the operator's fault - it does not affect the contract or relieve the customer of their payment obligation. Warranty for defects in activating a functional data carrier after the booking is performed correctly only includes a new loading attempt on-site by the operator's staff or the issuance of another suitable access authorization. If the data carrier is non-functional, the customer may have to purchase a new data carrier. If the booking process was incorrect due to incorrect or incomplete data carrier numbers, the booking can either be corrected with the staff's assistance, or another access authorization can be issued. In all complaint cases, the customer must present the booking confirmation; otherwise, a warranty or free re-issuance of an access authorization may be refused. Complaints should only be directed to the operator of the recreational facility. For issues with booking, delivery, or other difficulties, the hotline +43(0)6457/2072 is available Monday to Friday from 8:00 to 17:00.
Liability/Damages:
Compensation for malfunctions in activating an otherwise functional data carrier is excluded if the customer can obtain another access authorization at the counter within a reasonable time necessary for verification.
Data Processing:
The customer expressly consents to their data entered during booking being transferred to, stored, processed, and transmitted by the Ski amadé database to carry out the booking and payment process. The customer can set up secure data connections (SSL) on their own. For participating companies, data transmission for payment processing occurs over secure data lines. The customer expressly agrees to the transmission of the invoice to the payment system and the debit of the due invoice amount in the direct debit process by the credit card company upon online payment authorization. All companies involved in the booking process are subject to telecommunications confidentiality and the Data Protection Act's confidentiality obligations. When booking a holiday package, ski ticket, or accommodation, or submitting a request for a quote, the data entered is electronically processed by Shuttleberg GmbH & Co KG / Ski amadé. We will occasionally inform you as a customer about new services and interesting ski offers via email. This service is free and can be canceled anytime.
Jurisdiction and Applicable Law:
The agreed jurisdiction for Shuttleberg GmbH & Co KG / Ski amadé, unless otherwise required by law, is the court in St. Johann im Pongau, Austria, or any other jurisdiction as specified by § 14 KSchG. Austrian law applies exclusively to disputes arising from this contractual relationship.
Consumers:
For transactions with consumers under the Austrian Consumer Protection Act, these General Terms and Conditions apply only to the extent that they do not conflict with mandatory consumer protection provisions. Any invalid provisions do not render the entire contract invalid but are restricted to their nearest valid content.
Booking of Holiday Packages:
The content and data of holiday packages are the sole responsibility of the creator, in this case, the accommodation provider, who is liable for accuracy and availability. The booking of a holiday package only becomes valid once confirmed by the hotelier.
GENERAL TERMS AND CONDITIONS for Competitions
Application of the General Terms and Conditions:
These General Terms and Conditions (the “GTC”) govern the legal relationships related to the “The Big Draw” competition (the “competition”). The competition is organized by Shuttleberg GmbH & Co KG, Höchweg 152, A-5542 Flachau (Shuttleberg). By completing the competition form on www.shuttleberg.com, the participant acknowledges the GTC as binding.
Participation:
Any adult person may participate in the competition. Excluded from participation are individuals professionally associated with this competition and their relatives. The participant must provide their name, address, and valid email address. All personal information provided must be truthful; incorrect information may result in disqualification. Participation is free, and multiple registrations by the same person are not allowed.
Duration:
The competition runs from November 1 to April 30. Emails received after this period will not be considered.
Prizes:
Among all participants with the correct answer, a season pass, two two-day ski passes (valid in Ski amadé), and 10 items from the Absolut Park Collection will be drawn. Prizes are non-transferable and cannot be redeemed for cash. The drawing is final and cannot be contested.
Data Protection:
The participant expressly agrees that Shuttleberg may collect, store, process, and use the data provided (name, address, email) for this competition and its advertising purposes. This consent can be withdrawn at any time by mail or email, after which the participant will no longer be eligible to win.
Final Provisions:
Amendments to these GTC require written form. Should any provision of these GTC be invalid or become invalid, the remaining provisions remain unaffected. The invalid provision will be replaced by a valid one that economically best achieves the purpose of the invalid provision. This applies to any unforeseen gaps or invalidity of parts of these GTC.
The legal relationship between Shuttleberg and participants is governed by Austrian law. The exclusive jurisdiction is St. Johann im Pongau, Austria, or any other competent court according to § 14 KSchG.