Version dated 14-10-2020
1. Scope of Application
1.1. The T&C govern the legal relationships between the Bergbahnen Sölden (hereinafter referred to as: “BBS”, see point 2.2) and the purchasers (hereinafter re-ferred to as: “visitors”) of a lift ticket/voucher or another service of the BBS.
1.2. The present T&C, which the visitor accepts when sending the order or on site by purchasing lift tickets/vouchers at ski pass desks or other distributors, shall exclusively be applicable to the purchase of lift tickets and vouchers (independent of the respective “booking channel” [online, ski pass desk, etc.]) and generally in connection with the use of services of the BBS. In addition, the respective terms and condi-tions of transport approved by the ropeway authority as well as the pricing tables of the BBS shall be applicable.
1.3. The current version of the T&C is respectively available at https://www.soelden.com/terms_skipasses and displayed at the ski pass desks.
1.4. The offers and services in connection with the purchase of a lift tick-et/voucher shall only be applicable based on these T&C.
1.5. The separate T&C displayed at the ski pass desks and available at https://007elements.soelden.com/terms shall additionally apply to your visit of 007 ELEMENTS.
2. Conclusion of Contract and Contractual Partners
2.1. Lift tickets/vouchers may either be purchased at the ticket counters of the BBS or online at https://skiticket.soelden.com (online tickets) or https://www.soelden.com/voucher-shop (online vouchers).
2.2. The BBS are the operators of the ski area of Sölden (with Giggijoch, Gaislachkogl, Rettenbachferner, Tiefenbachferner). The contract on the purchase of lift tickets and vouchers with the “Bergbahnen Sölden” (“BBS”) will be concluded between the visitor and a civil-law partnership (Gesellschaft bürgerlichen Rechts) consisting of the Ötztaler Gletscherbahn - Gesellschaft mbH & Co. KG Sölden - Tirol (Companies’ Register no. (FN) 21369a), the Schilifte Gampe, Ötztaler Gletscherbahn KG (Companies’ Register no. (FN) 19665w) as well as the Skiliftgesellschaft Sölden - Hochsölden GmbH (Companies’ Register no. (FN) 37680m).
2.3. If services in other ski areas in Ötztal (Gries, Hochötz, Niederthai, Ober-gurgl/Hochgurgl, Vent) are used with the validated lift ticket in the sense of point 6.4, this is always and directly based on an independent (split) contractual rela-tionship between the visitor and the respective ski area operator. The BBS, as the seller of the card, insofar only act as a representative of the other ski area opera-tors; a direct contractual relationship with BBS is only established with regard to its own facilities. Therefore, only the respective ski area operator in whose area of responsibility the incident occurs is obliged to provide the individual services and to pay any damages in the event of an incident. The respective area of re-sponsibility of the ski area operators will be communicated to the visitor on re-quest in the event of an incident. The BBS is not liable for the faulty performance of other ski area operators.
2.4. The BBS shall be entitled to use vicarious agents.
2.5. The BBS reserve to suspend the sale of lift tickets on certain days – depend-ing on capacity.
3. Prices and Reductions
3.1. The current prices for the different services are available at the displayed price list of the BBS. For online tickets, "dynamic" (variable) prices apply, which are calculated depending on the booking date, occupancy rate etc. and displayed during the purchase process. No personal data are processed for the calculation of dynamic prices. Price changes, particularly in case of special events, shall be re-served. A mixed rate will be charged for tickets issued for overlapping seasons.
3.2. All prices mentioned are in euros and include legal VAT. Payment generally has to be made in advance. Payment options at the ski pass desk: cash in Euro, debit card (Maestro), credit card (VISA, Mastercard, AMEX).
3.3. Security deposits will be collected per lift ticket for the Key Cards. When the Key Card is returned undamaged, the security deposit will be refunded. The Key Card may be returned at all ski pass desks as well as in many sporting goods shops, gas stations and catering businesses.
3.4. Reductions (children, youths, disabled, snow kids) shall only be granted – without any exception – against presentation of an ID card with a photo. Thank you for your understanding that our ticket desk staff must not make any ex-ceptions.
3.5. A reduction for disabled persons will be granted for a documented grade of disability starting with 60 % or more. In this case, the children’s rate shall be applied (not valid for season tickets).
3.6. The children’s rate shall also be applied in case of persons having reached the age of 80 years or more (age group according to current price list) (not valid for season tickets).
3.7. If offered reductions are applied, the valid claim entitlement has to be proven by corresponding official documents.
3.8. Reductions applied wrongfully result in the withdrawal of the lift ticket. We also reserve to file criminal charges.
3.9. Discount campaigns and prize competitions are not valid for season tickets.
4. No Transferability, Refund, Loss
4.1. Lift tickets shall be personal and not transferable. Misusing lift tickets or, re-spectively, obtaining a service under false pretences will be liable to criminal prose-cution and reported to the competent authorities. Any misuse shall result in the immediate withdrawal of the lift ticket. Do not buy any lift tickets from third parties – they could be blocked!
4.2. Lift tickets and vouchers are excluded from exchange. It is neither possible to cancel nor to later extend/postpone the validity period of lift tickets.
4.3. The paid fee shall only be refunded in case of a sports accident in the ski ar-ea of Sölden. The lift ticket of the person involved in the accident shall be refunded at the ski pass desks against presentation of the operation protocol of the ski patrol (no refund for accompanying persons). The days not used following the day after the accident shall be refunded. Graduated half-day passes and 1-day tickets will not be refunded. In case of a refund, the rescue costs and the costs of first aid of the ski patrol shall be deducted immediately according to the operation protocol/invoice.
4.4. Bad weather, danger of avalanches, unforeseen departure, injury/illness, short-term (up to 7 consecutive days) or only partial business interruptions, closed ski runs, etc. do not substantiate a claim for refund or extension of the validity period.
4.5. Also closing-down operations of some facilities during or at the end of the season (e.g. due to the snow situation) or, respectively, closing-down operations of the bus service at the end of the season shall be reserved. Also in this case, there will be no refund/price reduction.
4.6. In the event of a complete temporary shutdown of operations (“Betriebssperre”) (for which the BBS is not responsible) during the announced operat-ing hours, which lasts for more than 7 consecutive days, the visitor is entitled to an aliquot refund, provided that the operational restriction does not originate from the sphere of the visitor. This will be calculated as follows:
4.6.1 The fee paid by the visitor is distributed evenly over the entire validity peri-od of the lift ticket (e.g. validity period of a season ticket). In the event of a tem-porary shutdown of operations pursuant to point 4.6, the user will receive a corre-sponding (aliquot) refund for each day affected thereof. This has to be applied for with the BBS after the end of the period of validity.
4.6.2 In accordance with the "fair use" principle, no refunds will be made in re-spect of season tickets if this would lead to an improper advantage in respect of a specific visitor: If the visitor has already made use of at least 20 first-time admissions (with the BBS or other ski area operators) during the respective period of validity (from the date of purchase), a temporary shutdown of operations pursuant to point 4.6 will not result in a further refund.
4.7. The worldwide spread of COVID 19 naturally also has an effect on the ser-vices provided (distance regulations, reduced capacities or operating times etc). Restrictions in the possibility of use due to the implementation of official, legal or voluntary measures for the protection of visitors or employees do not lead to a claim by the visitor to (aliquot) refund - unless there is a temporary shutdown of operations in accordance with point 4.6.
4.8. If the lift ticket, the booking code or the voucher is lost, there will be no refund.
4.9. If lift tickets (such as season tickets) are forgotten, a corresponding day ticket has to be purchased. A refund is generally not possible.
5. Special Terms and Conditions for Online Tickets and Online Vouchers
5.1. Only persons having reached the age of 18 shall be entitled to purchase online tickets and online vouchers.
5.2. Online tickets and online vouchers may only be purchased after having completed all mandatory fields in the booking window entirely and correctly. The visitor alone is responsible for correctly entering the data.
5.3. The order process of the purchase of online tickets or of online vouchers will be completed by clicking the button “Order now with obligation to pay”. In doing so, the visitor submits a binding offer to purchase an online ticket or an online voucher. When purchasing online vouchers, there will be the option to choose from a lift ticket voucher or a value voucher. The contract will then be validly concluded upon writ-ten acceptance by the BBS.
5.4. The purchase of online lift tickets will be accepted by the transmission of a confirmation e-mail, with the visitor receiving a booking code consisting of 8 digits. With this booking code, lift tickets may be collected on site in Sölden at collection machines (Gaislachkoglbahn, Giggijochbahn) as well as at all ski pass desks of the BBS. Lift tickets will not be dispatched and delivered. The BBS will not assume any liability for the loss or for the not diligent safekeeping of the booking code and a thereby unauthorized access of third parties. Invalid or validated booking codes do not entitle a visitor to collect lift tickets.
5.5. The purchase of online vouchers will be accepted by the transmission of a confirmation e-mail, with the visitor receiving a voucher. The visitor may only print this voucher once and shall bear the sole responsibility for a complete and legible print-out of the voucher in the size 100 %. Duplicating, modifying or dispatching and delivering the voucher shall not be permitted. In case of non-compliance, the visitor shall be liable. In order to avoid a misuse, the visitor shall carefully keep the voucher in safe custody. The voucher can also be validated by persons that have gained possession of it unlawfully. When presenting a valid voucher, the BBS shall not be obliged to verify the entitlement any further (in particular identity check). If the voucher is lost, there will be no refund. The requested product may be “redeemed” with the voucher – depending on the chosen product – at the ski pass desks of the Bergbahnen Sölden or (if this is indicated separately) at other service partners. Vouchers cannot be redeemed for cash. If not the entire voucher value was con-sumed, the remaining amount is maintained as a voucher – there will be no reim-bursement in cash. Value vouchers shall generally be valid for five years from the date they are issued. Lift ticket vouchers shall only be valid in the time period re-spectively indicated/chosen. Also vouchers issued free of charge (“campaign vouchers”) shall only be valid during the time periods respectively indicated.
5.6. When purchasing online lift tickets, the booked service may be used immediately after having received the confirmation e-mail. The confirmation e-mail serves as the only admissible proof of the duly made booking and shall therefore be carried along by the visitor and presented to the BBS in case of complaints or, respectively, problems. The hotline may be contacted daily from 8.30 am to 5.00 pm (outside of operating hours respectively only from Mon to Fri) for user problems as regards booking or other difficulties in connection with online ticketing.
5.7. It is required to indicate the first name, last name and date of birth in order to buy reduced lift tickets of the rate groups youths and children online. This data will be printed on the lift ticket in order to verify the en-titlement to use the reduction.
5.8. Buying lift tickets online is only possible for 1-14 days. Graduated half-day passes, 1.5-day tickets and flexible ski passes as well as lift tickets for the rate groups snow kids and disabled may not be bought online. When purchasing the online ticket, a validity period exactly specified in terms of date which can no longer be changed afterwards shall be selected.
5.9. The services offered by the BBS are services in the sense of sec. 18 par. 1 cl. 10 of the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäfte-Gesetz) that are provided in connection with leisure time activities and at a certain time or, respectively, within a time period exactly specified. The visitor shall hence also not be entitled to a right of withdrawal when purchasing an online ticket or an online voucher (sec. 18 par. 1 cl. 10 of the Austrian Long Dis-tance and Remote Sales Act (FAGG)).
5.10. Online tickets may exclusively be paid by means of the payment methods indicated during the order process – currently: certain credit cards or immediate payment (Klarna).
5.11. In case of a chargeback before the lift ticket is collected or before the voucher is redeemed, the booking code will become invalid.
5.12. For technical and financial processing of the online booking, the BBS use different partners, inter alia for example of the company SkiData AG, the company Ogone, the company PXP or the company Klarna. Unless otherwise stated in the booking process, these companies do not establish a separate (direct) contractual relationship with the visitor. In the course of the booking process, the visitor may al-so be forwarded to websites of these companies, for the contents of which the re-spective company itself is responsible.
5.13. The disclosed data shall be transmitted electronically by a secure process (SSL). Nonetheless, the BBS may only assume the liability for attacks of hackers and the like under the conditions of point 8.
5.14. The indicated prices for online lift tickets and lift ticket vouchers include VAT. The indicated prices for online value vouchers do not include any VAT.
6. Contractual Conditions
6.1. The use of services of the BBS shall only be permitted based on a valid lift ticket (on contactless data carriers [“Key Card”]).
6.2. By using the services, the visitor agrees with the present T&C, the respec-tive terms and conditions of transport, the information boards at the entrances to the ski lifts and in the valley stations, the measures communicated by the BBS in connection with COVID 19 as well as with the FIS Rules. If these regulations are grossly violated or if instructions of the employees of the BBS are not followed (e.g. if no mouth/nose protection is used despite being requested to do so), the performance of services to the visitor may be refused and/or the lift ticket of the visitor may be withdrawn without refunding the remuneration paid therefor.
6.3. When using the services of the BBS (during the entire validity period), the visitor is obliged to carry the visitor’s lift ticket with him/her as well as the confirma-tion e-mail with the booking code when using online booking and to present them to the staff upon request.
6.4. The lift tickets shall be valid in the winter season for all open facilities in the ski region of the ski area of Sölden (winter ski area and glacier ski areas). As from a validity period of 3 days, the lift ticket shall (exclusively during the winter season) additionally be valid in all other ski areas in Ötztal (Gries, Hochötz, Niederthai, Ober-gurgl/Hochgurgl, Vent).
6.5. In the summer season, the “normal” lift tickets (also valid for several days) shall be valid for all open facilities in the hiking area of the BBS (not in other hiking areas as well). Apart from that, there are separate mountain bike tickets that only en-title the visitor to an uphill ride with individual facilities. With these mountain bike tickets, the downhill ride with a lift system shall only be permitted in exceptions when it is no longer reasonable to go down into the valley by mountain bike (for ex-ample due to a defect, tiredness, etc.).
6.6. As a rule, the validity of the lift ticket starts on the day it is issued. All lift tickets – except for graduated half-day passes and 1.5-day tickets – may upon request be purchased in advance. Lift tickets may already be used on the day prior to validity as from 3.00 pm. Lift tickets shall always be valid for consecutive days, an interruption is not possible (except for flexible ski passes).
7. Special Terms and Conditions for Events
7.1. The BBS or individual companies of those mentioned under point 2.2 in some instances also organize events (e.g. concerts, sporting or cultural events). The admission to these events is in some instances free of charge for holders of a lift ticket (etc.), in some instances separate admission tickets are sold.
7.2. Visitors of events have to comply with the house rules, the communicated rules of conduct and instructions. In case of non-compliance with these regula-tions/instructions, affray, drunkenness, drug consumption/possession/dealing, dirt accumulation, disturbance of the peace, disturbance of the public order, etc., the visitor may (without being refunded any ticket price) be refused access to the event site or banished from the event site.
7.3. A refund of paid admission tickets does not take place (no cancellation right).
7.4. Making sound, image or film records for commercial purposes shall not be permitted.
7.5. If an event has to be cancelled or stopped for reasons of force majeure (e.g. bad weather, other environmental impacts, illness/hindrance of artists, a pan-demic or any other administrative measures linked therewith etc.), there will be no entitlement to conduct the event and no paid ticket prices will be refunded. A refund for expenses of any kind whatsoever exceeding any paid ticket prices (e.g. travel costs, accommodation costs, etc.) shall be excluded as well.
7.6. If an event has to be cancelled for reasons for which the operator is responsi-ble, there will be no entitlement to conduct the event and no paid ticket prices will be refunded. A refund for expenses of any kind whatsoever exceeding any paid ticket prices shall be excluded. The visitor shall file an application to the BBS for the re-fund of paid ticket prices at the latest within one month after the planned event date; after that there will be no refund any more.
7.7. If an event is postponed or stopped after its beginning (or, respectively, after having provided ancillary services or a framework program), there will be no refund and (in application of point 8 per analogy) no damages.
7.8. If no separate remuneration is to be paid for visiting an event (e.g. because holders of a lift ticket can participate in the event free of charge), its cancellation, postponement or change does not result in any damages and warranty claims.
7.9. The BBS does not assume any liability for personal items of visitors (including skis, snowboards, etc.).
8. Exclusion of Liability
8.1. Claims for damages of the visitor may only be asserted if a damage was caused by the BBS with intention or gross negligence.
8.2. This restriction does not apply to the compensation of personal damages as well as to compensation claims pursuant to the Austrian Railway and Motor Vehicle Third-Party Liability Act (EKHG, Eisenbahn- und Kraftfahrzeughaftpflichtgesetz) or the Austrian Product Liability Act (Produkthaftungsgesetz).
8.3. Generally only the respective service provider shall be liable for damages caused in connection with the use of third-party services (for example according to point 6.4).
8.4. The BBS shall not be liable for damages caused by other ski slope users or by other third parties.
9. Data Protection
9.1. The use of the services of the BBS requires different processing operations in relation to personal data of the visitors. The visitor accepts and acknowledges the data protection declaration available at https://www.soelden.com/datenschutz_bbs and displayed at the ski pass desks.
9.2. We would like to point out that for the purpose of access control, a reference photo of the visitor is taken when he/she first passes through a turnstile equipped with a camera. This reference photo will be compared by the lift personnel to the photos that are taken each time the lift ticket holder passes through a turnstile equipped with a camera one more time (you will find details regarding this matter in the data protection declaration).
9.3. The applicable data protection regulations are complied with by the BBS.
10. Choice of Law and Place of Jurisdiction
10.1. This contractual relationship shall exclusively be governed by Austrian law under exclusion of the principles of conflict of laws of private international law. Place of performance shall be Sölden.
10.2. Outside the scope of application of the EU Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (Brussels I) and the Austrian Consumer Protection Act (KSchG, Konsumentenschutzgesetz), exclusively the Austrian court having substantive and territorial jurisdiction at the seat of the BBS shall be competent for disputes arising out of this contractual relationship.
10.3. Place of performance for any and all services of the BBS (incl. purchase of vouchers) shall be A 6450 Sölden.
11. Final Provisions
11.1. Agreements deviating from these T&C or amending these T&C require the written form to be valid. The same shall be applicable in case of a derogation from the written form.
11.2. A modification or revised version of these T&C shall be possible at any time. The T&C shall then be effective as of the day following the new publication on the website https://www.soelden.com/terms_skipasses.
11.3. The validity of the remaining agreement shall remain unaffected by the inva-lidity of one provision or of individual provisions of these T&C or of the contractual relationship governed by the T&C. The contracting partners undertake to replace the invalid provision(s) by a regulation coming closest to it (them) in economic terms, as far as possible.