The presentation of services in the online store does not constitute a binding offer by Innsbrucker Nordkettenbahnen Betriebs GmbH to conclude a contract. The customer is merely invited to submit an offer.
Only uphill and downhill rides, as well as combined tickets for adults, seniors, youth and children (see tariff conditions) are offered in the online store. Other tickets such as ski passes and season tickets can currently only be purchased at the ticket office on site.
A booking can only be made after complete and correct entry of all mandatory fields in the booking window. The customer is solely responsible for the correct entry of the data and acknowledges that in case of incorrect entry the purchase cannot be concluded. The contract is considered concluded when the purchase of the ticket is confirmed by clicking on "confirm". The ticket purchased online must be printed out by the customer and is considered as an access correction. In case of loss or forgetting of the ticket there is no replacement. Any malfunction of a ticket must be reported immediately to the ticket office. Later complaints regarding function and billing cannot be considered. The booking confirmation (e-mail) of the ticket purchase is the only admissible proof of the properly made online booking and must be carried by the customer and presented to the responsible employees of Innsbrucker Nordkettenbahnen Betriebs GmbH in case of complaints.
METHOD OF PAYMENT
The purchase of a ticket in the online store is made exclusively by payment by credit card (Visa or Mastercard). The specified credit card will be charged immediately with the corresponding amount.
NO RIGHT OF WITHDRAWAL
In principle, a customer who is a consumer within the meaning of the Consumer Protection Act (KSchG) may withdraw from a distance contract within fourteen days - unless a legal exception applies. The withdrawal period for service contracts begins on the day the contract is concluded.
However, the law provides an exception for tickets booked by the customer in the online store. Pursuant to Section 18 (1) (10) of the Distance and Foreign Transactions Act (FAGG), the customer therefore has no right of withdrawal for the purchase of a ticket in the online store.
The customer expressly acknowledges that due to the legal exception just explained, he is not entitled to a right of withdrawal within the meaning of the FAGG and that he is bound to the contract with Innsbrucker Nordkettenbahnen Betriebs GmbH.
Should any provisions of this contract be legally invalid or void or become so in the course of their duration, this shall not affect the legal validity and force of the remaining provisions.
PLACE OF FULFILLMENT
The place of performance shall be the registered office of Innsbrucker Nordkettenbahnen Betriebs GmbH.
The contracting parties agree that the court with local and subject-matter jurisdiction in Innsbruck shall have jurisdiction.
CHOICE OF LAW
The contractual relationship between Innsbrucker Nordkettenbahnen Betriebs GmbH and the customer shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. With respect to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.
OBLIGATIONS OF THE CUSTOMER
The customer is obliged to comply with the conditions of carriage, as well as the FIS rules, and to behave considerately towards other customers and the vicarious agents and employees of Innsbrucker Nordkettenbahnen Betriebs GmbH. It is also the contractual duty of the customer to immediately follow the instructions of the cable car and lift staff. If the customer is found to have violated these contractual obligations by Innsbrucker Nordkettenbahnen Betriebs GmbH or its vicarious agents or employees, the customer may be excluded from the carriage and use of the ski slopes for a period of two months without compensation in the event of particularly reckless and dangerous driving, as well as disregard of instructions. In case of repetition, the customer can be excluded from the transport and use of the ski slopes for up to four months. Employees of the contracting parties are entitled to take away the tickets and any sports equipment used in order to enforce this ban on use. The assertion of a claim for damages beyond this remains unaffected.
The Innsbrucker Nordkettenbahnen Betriebs GmbH is not liable for damages caused to the customer or piste user by their own misconduct or by the misconduct of others.