1. GENERAL TERMS AND CONDITIONS

These general terms and conditions (hereinafter “GT&Cs”) govern the contractual relationship between Familienarena Bucklige Welt – Wechselland GmbH (hereinafter “Erlebnisarena”) and its contractual partners (hereinafter “Client”). The GT&Cs apply to all current and future contractual relationships with Erlebnisarena, in particular those related to the purchase and use of tickets, vouchers, services (cycling school, winter sports school) or equipment hire (bicycle hire, winter sports hire). This also includes the general tariffs and conditions of service of Erlebnisarena, the respective house and behavioural rules of Erlebnisarena as well as the conditions of service as displayed on notices at the individual stations. In addition, the International Ski Federation (FIS) regulations are part of the contract. The Client is obliged to behave considerately within the ski resort, to respect the FIS regulations and not to endanger their own personal safety nor that of any other persons.

2. TICKETS FOR USE OF THE ELEBNISARENA’S PRODUCTS AND SERVICES

To use any of Erlebnisarena’s products and services, tickets must be purchased. Erlebnisarena’s products and services encompass the motor skills park, the summer toboggan run (Corona Coaster), all sections of the Wexl Trails (bike park, mini bike park, skills line, pump track, Panorama Trails, The WU – Hochwechsel), the shuttle bus service at the Wexl Trails and the summer and winter ski lifts (Wintererlebnisland, Corona’s Skiland). Erlebnisarena may unilaterally change the services offered, provided that the respective changes are not unreasonable for the Client and are legally justifiable. Erlebnisarena shall inform the Client accordingly about these kinds of changes to its services.

2.1. General terms regarding the purchasing of tickets

All persons are entitled to purchase tickets (single tickets, day passes, multi-day passes and season passes).

Tickets for Erlebnisarena are not transferable. Retroactive changes to the validity period of tickets are not possible.

The ticket prices and their validity periods are based on the relevant Erlebnisarena price lists. A valid proof of age is required without exception for the purchase of all concession tickets (children and seniors).

The Client is obliged to keep their ticket safe, so that third parties do not have access to it and so that misuse, loss and theft can be avoided.

The Client is entitled to make use of Erlebnisarena’s products and services as advertised during operational hours. The operational and opening hours are fixed for every season by Erlebnisarena and apply in line with the on-site notices or as published on the homepage of our website.

The Client is obliged to present the ticket whenever requested by Erlebnisarena staff.

Providing false personal details, particularly dates of birth, false certifications and/or  forgeries of certifications shall immediately result in all entitlements being cancelled and the Client being barred from all facilities. Compensation claims by the Client are not possible in this instance. In this instance, Erlebnisarena is entitled to charge a manipulation fee of EUR 75 and to demand that the value of the ticket be repaid in full. Erlebnisarena reserves the right to assert further claims for damages and to press criminal charges.

Any abusive use of the ticket shall result in its immediate and irreversible termination. An abusive use entails, in particular, even merely attempting to provide the ticket for use by a third party.

Tickets can be given out through the use of a contactless data storage device from Erlebnisarena. The data storage device is property of Erlebnisarena and is to be returned to Erlebnisarena at the end of its service life. For the issue of the data storage device, a deposit of EUR 3.00 shall be taken by Erlebnisarena. The deposit of EUR 3.00 shall be returned to the Client upon return of the undamaged and fully-functioning data storage device no more than 3 years after its issue.

2.2. Damaged and defective data storage device

The Client acknowledges that, due to the necessary data exchange in connection with the data storage device, exceptional malfunctions may occur without resulting in any legal consequences, provided that the services can still be provided to Erlebnisarena by other means.

If a data storage device is not accepted at the turnstile, despite the validity printed thereupon, the Client must inform Erlebniswelt staff immediately. In the case of defective data storage devices, another suitable access authorisation method shall be issued by Erlebnisarena. In the case of externally damaged data storage devices, the deposit of EUR 3.00 shall not be refunded. In the case of defective but externally undamaged data storage devices, the deposit of EUR 3.00 shall be refunded. The customer must pay another deposit of EUR 3.00 for a new data storage device to be issued.

In every instance, the Client is obliged to provide proof of purchase in case of malfunction of the data storage device, otherwise Erlebnisarena is entitled to refuse to issue a new access authorisation method.

2.3. Purchase and withdrawal

The purchase of tickets can take place as follows:

Purchase directly at Erlebnisarena: The Client pays for and obtains the desired day pass or single ticket directly at the kiosk (Unternberg 197, 2880 St. Corona am Wechsel or at the summer toboggan run St. Corona no. 162, 2880 St. Corona am Wechsel). When purchasing a season pass, the Client must provide Erlebnisarena with their first name and surname, their date of birth, their address and an ID photograph (without headwear or ski goggles). The photograph, first name and surname shall be digitally imprinted on the applicable field in the till system.

Purchase of the ticket using the online ordering system: The Client chooses the desired ticket in the Erlebnisarena online shop and places it in the basket. The Client enters the relevant details in the web shop. The Client acknowledges that the ordering process is binding upon clicking the “KAUFEN” (“BUY”) button and cannot be cancelled afterwards. After the ordering process has been completed, the Client receives a summary of their order. To finalise the ordering process, the Client must pay the amount via Paypal, instant bank transfer or credit card. After the payment process has been completed, the ticket is sent to the Client (delivery within 3-5 working days) or made available for collection. If the Client purchases a ticket for a time within the quoted delivery period, Erlebnisarena shall not be liable for the delivery arriving before the planned usage period.

The Client acknowledges that the contracts established with Erlebnisarena regarding its web shop, in particular tickets, sports classes, sports equipment and the like, such as about “leisure services”, are in accordance with section 18, paragraph 1, line 10 of the Austrian Distance and Outward Transactions Act (§ 18 Abs 1 Z 10 FAGG). Therefore, the Client has no right of withdrawal if they conclude contracts remotely (via email, internet, fax, telephone, etc.).

If Erlebnisarena is operationally fit and the services on offer, in particular the ski lifts, are fundamentally available, the Client has no right of withdrawal because of poor weather, risk of avalanches, the Client’s early departure, temporary or weather-related interruption or cessation of operations, closure of individual facilities, slopes or routes, Client illness, or any other circumstances originating from the Client. A refund of the ticket price is not possible in this instance.

2.4. Misplacement, loss and theft

If the Client forgets their single ticket, day pass or season pass, Erlebnisarena shall not provide a replacement. The Client has no right to a refund.

In the case of loss of theft of single tickets or day passes, this is at the Client’s expense. The Client must pay for the desired service again.

In the case of loss or theft of season passes, the Client is obliged to report this to Erlebnisarena staff, so that the pass can be blocked immediately. The Client is also obliged to release an official loss or theft notice immediately. A new usage authorisation shall only be issued upon presentation of a loss or theft notice. The customer must pay a sum of EUR 3.00 for a new data storage device to be issued.

2.5. Special arrangement for reimbursement of season passes

If the Client has purchased a season pass and it is not possible for them to use Erlebnisarena’s facilities as a result of an accident or an illness that results in a health impairment of at least six weeks, a partial refund of the ticket price shall be made for the duration of the health impairment.

A refund is, however, not possible is the season pass was able to be used by the Client for more than half of its validity period.

The amount of the claim for a refund shall be determined based on the time at which the season pass was issued.

The Client is obliged to present a doctor’s certificate of the duration of the health impairment, otherwise they have no right to a refund.

3. VOUCHERS

Vouchers for Familienarena Bucklige Welt – Wechselland GmbH can be bought at the kiosk on site at Unternberg 197, 2880 St. Corona am Wechsel or purchased online on the website. Vouchers are transferable.

If the Client is also the user, they may cancel the online purchase of a voucher within 14 days without providing a reason. This period starts from the day the voucher is delivered: www.erlebnisarena.at/widerrufsformular

If the Client is also the user and they book a voucher that entitles them to use Erlebnisarena’s services before the 14-day withdrawal period has elapsed, the Client expressly declares their desire for early initiation of the contract according to section 10 of the Austrian Distance and Outward Transactions Act (§ 10 FAGG). In this instance, the Client has no right of withdrawal if the voucher has been redeemed in its entirety within the 14-day withdrawal period.

3.1. Delivery and shipping by post – online orders

Vouchers ordered online are despatched to the address provided by the Client after payment has been received (delivery in 3-5 working days).

The vouchers are delivered within Austria. International shipping may be arranged subject to agreement. Erlebnisarena accepts no liability for delayed deliveries.

3.2. Redemption of vouchers

The vouchers may be redeemed in all areas of Erlebnisarena. Vouchers are not valid for services provided by third parties, such as chalet visits or accommodation.

If the value of the service used is less than the value of the voucher, a new voucher shall be generated for the remaining balance. It is not possible to exchange the voucher for cash.

4. SERVICES OF THE WINTER SPORTS SCHOOL AND THE BIKE AND OUTDOOR SCHOOL

The Winter Sports School and the Bike and Outdoor School is a branch of Familienarena Bucklige Welt – Wechselland GmbH and is operated by the latter. The services offered include in particular the provision of lessons on the skills and knowledge of skiing, snowboarding, mountain biking, as well as the leading and supervision of these sessions. Training success is not guaranteed.

4.1. Products, services and prices

The services offered in the online shop, in the Winter Sports School premises and in the Bike and Outdoor School do not represent legally binding products and services; rather, they act solely as an invitation for the Client to initiate the signing of a contract. All prices displayed in the online shop and in the premises are inclusive of the relevant applicable VAT.

4.2. Contract formation via the online shop

Placing the service into the basket and clicking the “KAUFEN” (“BUY”) or “BUCHEN” (“BOOK”) button represents a legally binding offer to form a contract. With the Client’s payment, a contractual relationship between Erlebnisarena and the Client comes into effect. After the ordering process has been completed, the Client receives a summary of their order. To finalise the ordering process, the Client must pay the amount via Paypal, instant bank transfer or credit card.

The proof of purchase provided by Erlebnisarena serves as a coupon for the use of the booked service and is to be presented by the Client to the relevant course leader at the start of the course.

4.3. Contract formation in the premises

The declaration of the Client to an employee of the “Erlebnisarena” that they wish to make use of services represents a legally binding offer to form a contract.

With payment, a contractual relationship comes into effect.

4.4. Payment methods

For the online shop, there are the following payment methods to choose from: Paypal, instant bank transfer, credit card

For services bought on site, there are the following payment methods to choose from: Cash, vouchers, cash machine, credit card

4.5. Absence from the course, Client accidents or illnesses

No refund is given if the Client is not present at the reserved time and no reasons are given for their absence. Cancellation by the Client due to weather conditions constitutes an unjustified absence.

Lessons take place in all weather conditions. Malfunctions of the ski lifts may result in the cancellation of some course units. In the case of the cancellation of the course unit by Erlebnisarena, the Client is entitled to demand an aliquot refund.

If the Client has booked to attend a course at the Winter Sports School or the Bike and Outdoor School and the Client is unable to use the services due to an accident or illness, a partial refund shall be made of payments made to date. The refund shall only be made upon presentation of a doctor’s certificate.

In all cases, refunds shall be made in the form of vouchers, unless there are substantial Client interests to the contrary.

4.6. Withdrawal and cancellation conditions for paid-for services

The Client is entitled to cancel their attendance at a course in accordance with the conditions detailed below.

In the event of cancellation before the service is provided, it is imperative that the declaration be made to wintersportschule@erlebnisarena.at. The risk of the transmitted message being lost is borne by the Client.

Up to 7 days before the booked date: The entire amount paid shall be refunded to the Client.

Up to 3 days before the booked date: The entire amount paid, minus an administrative fee of EUR 20.00, shall be refunded to the Client.

Within 3 days of the booked date: no refund shall be made to the Client. If a doctor’s certificate is presented regarding a health impairment that renders participation in the course impossible, the amount paid minus an administrative fee of EUR 20.00 shall be refunded.

Course termination during the provision of the service: A refund shall be made according to the following conditions, only if the course cannot be rearranged and exclusively in the form of vouchers, from whose value an administrative fee of EUR 20.00 shall be deducted. A course termination can only be taken into account if it is made clear directly after termination in the ski school office on site. A subsequent claim or assertion of claims by the Client is not possible.

If the termination is on the first day of the course up to 30 minutes after the lesson has started, 80% of the course costs shall be refunded.

If the termination is on the second day of the course, 50% of the course costs shall be refunded.

If the termination is on the third or fourth day of the course: no refund shall be made.

Ski school lift passes and lift tickets that have already been paid for are not refunded if the course is terminated.

4.7. Withdrawal by the “Erlebnisarena”

If the weather conditions are not conducive to the safe provision of the booked services, the Winter Sports School and the Bike and Outdoor School has the right to rearrange the booked service or cancel it outright.

A course may also be cancelled if there are too few participants present. Course cancellations will be announced at least 48 hours before the start of the course. Provided that the booking cannot be rescheduled, any payments made shall be refunded to the Client.

5. WINTER SPORTS HIRE AND BIKE HIRE

St. Corona am Wechsel Winter Sports and Bike Hire is a branch of the “Erlebnisarena” Bucklige Welt – Wechselland GmbH. This comprises in particular the hiring out of skis, snowboards, helmets and mountain bikes (trail bikes, e-bikes, children’s bikes) and various items of safety equipment.

5.1. Products, services and prices

The services offered by Erlebnisarena in the online shop, on the website and in the Winter Sports and Bike Hire premises do not represent legally binding products and services; rather, they act solely as an invitation for the viewer to initiate the signing of a contract.

All prices displayed in the online shop, on the website and in the premises are inclusive of the relevant applicable VAT.

5.2. Online reservation system

The Client can reserve rental equipment from Winter Sports and Bike Hire online. The Client shall receive a summary of their reservation. With the receipt of this, a legally binding contract comes into effect. The transfer of rented equipment and the payment for the rented equipment takes place on site.

The Client is responsible for selecting the individual pieces of equipment to be rented according to their own needs. Erlebnisarena assumes no liability if there is no appropriate equipment available for hire at the time of collection due to erroneous or insufficient customer declarations.

Winter Sports and Bike Hire is entitled to make an equivalent piece of equipment available to the Client if the reserved item is damaged, destroyed or lost and thus not available to the Client at the time of collection. The Client declares that they agree to hire alternative equipment, provided that the Client has no substantial reasons to the contrary.

Rental equipment from Winter Sports and Bike Hire may exclusively be reserved on a daily basis. Prices and tariffs apply as displayed.

5.3. Contract formation via the web shop of the Winter Sports School (Winter Sports Rental)

Placing the rental equipment into the basket and the Client clicking the “KAUFEN” (“BUY”) or “BUCHEN” (“BOOK”) button represents a legally binding offer to form a contract“ With the Client’s payment, a contractual relationship comes into effect.

The order confirmation serves as a coupon for the use of the booked service. The booked rental equipment is to be collected on time.

5.4. Contract formation in the premises

The declaration of the Client to an employee of the “Erlebnisarena” that they wish to make use of the services of Winter Sports and Bike Hire represents a legally binding offer to form a contract.

Only with payment does a contractual relationship come into effect.

5.5. Payment methods at reservation

No advance payment is required for a reservation.

For the Winter Sports School web shop, there are the following payment methods to choose from: Paypal, instant bank transfer, credit card

For services bought on site, there are the following payment methods to choose from: Cash, vouchers, cash machine, credit card

5.6. Refunds for already prepaid services in case of cancellation by the Client – Winter Sport School web shop with Winter Sports Hire

The corresponding terms apply as detailed in point 4.6 – WITHDRAWAL AND CANCELLATION CONDITIONS FOR PAID-FOR SERVICES.

6. LIABILITY, COMPENSATION AND STATUTE OF LIMITATIONS

In all cases under consideration, Erlebnisarena is only obliged to provide compensation in case of malice or gross negligence. In cases of slight negligence, we only accept liability for personal injuries. Claims must be asserted in court within six months of the Client’s knowledge of the damages and the damaging party, otherwise the statute of limitations shall apply. For indirect damages, lost profits, loss of interest, omitted savings, consequential and financial damages and damages from claims of third parties, we accept no liability.

Each Client is individually responsible for the use of the shuttle bus service and the associated transport of bicycles with a trailer and transport of bicycles via drag lift. Erlebnisarena only assumes liability for damages to the transported sports equipment in the case of malice or gross negligence. The rental bicycles from Bike Hire are not insured against damage, theft or loss. When the rental equipment is issued, this shall be clearly indicated. Damages to the rental equipment are to be paid for by the Client on site.

7. SEVERABILITY CLAUSE

In the event that one or several of the provisions of these Terms should become invalid or incomplete, this shall have no bearing on the validity of the remaining provisions. The invalid or incomplete provision shall be replaced by one which comes as close as possible to the commercial purpose of the original provision.

8. CANCELLATION POLICY

Information regarding the exercise of the right of withdrawal in the case of a purchase contract for delivery of one or several items in one shipment

8.1. Right of cancellation

You have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the items.

In order to exercise your right of cancellation, you must inform us:

Familienarena Bucklige Welt – Wechselland GmbH, Unternberg 197, 2880 St. Corona am Wechsel, +43 2641 21009, info@erlebnisarena.at of your decision to cancel this contract with a clear statement (e.g., with a letter sent by post, fax, or email). You may use the attached sample cancellation form to do so, although this is not mandatory.

To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right of cancellation before the cancellation deadline.

 8.2. Consequences of cancellation

If you cancel the contract, we must refund all payments that we have received from you, including delivery costs (except for the extra costs resulting from your having chosen a different type of delivery from the cheapest standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we receive notification that you are cancelling the contract. To make this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for this repayment.

We can refuse to make the repayment until we have received the goods back or you have provided proof that you have sent back the goods, whichever is earlier.

You must return the items to us immediately, and at the latest within fourteen days from the day on which you inform us that you are rescinding this contract.

You are considered to have met the deadline if you send the goods back before the fourteen day period passes.

You must pay for any diminished value of the goods only if such a loss in value is due to the goods being handled in a way other than that necessary to check the quality, features and functioning of the goods.

9. ANNEX 1: SAMPLE CANCELLATION FORM (ANNEX I B TO THE AUSTRIAN DISTANCE SELLING ACT (FAGG))

Cancellation form

(If you wish to cancel the contract, please fill in this form and return it to us.)

 To

Familienarena Bucklige Welt – Wechselland GmbH

Unternberg 197

2880 St. Corona am Wechsel

 - I/we (*) hereby cancel the Contract that I/we (*) have concluded to purchase the following goods (*) / receive the following service (*):

 Ordered/received on:    

Name of consumer(s)    

Address of consumer(s)   

Signature of the consumer(s):   

Date:

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