AlpineCard

1. PREAMBLE AND DEFINITIONS

Hinterstoder-Wurzeralm Bergbahnen AG, hereinafter referred to as “HIWU”, operates the AlpineCard for itself and on behalf of the companies in the group. The AlpineCard is a reusable KeyCard that can be recharged online at AlpineCard (skisport.com). The AlpineCard is personalized and therefore non-transferable. By using the AlpineCard, you declare your consent to the following “General Terms and Conditions”.

2. SCOPE OF APPLICATION

The “GTC” apply between HIWU and the users of the AlpineCard (hereinafter referred to as “user”) and represent the exclusive legal basis for participation in the AlpineCard program. HIWU does not recognize any deviating regulations and therefore they cannot become part of the contract. These GTC are available on the website at Hinterstoder: AlpineCard (skisport.com) and can be saved and printed out.

Conclusion of the contract and implementation of the AlpineCard program are exclusively in German.

3. CONCLUSION OF CONTRACT / CONTRACTUAL PARTNER

The operator of the AlpineCard is Hinterstoder-Wurzeralm Bergbahnen AG, house no. 21, 4573 Hinterstoder. HIWU can be contacted by members of the AlpineCard program at

Address: Hinterstoder 21, 4573 Hinterstoder

E-mail: alpinecard@hiwu.at

Telephone: +43 7564 5275

As part of the personalization process, the user's name, photo and date of birth are printed on the AlpineCard and stored in the cable car access system.

Only consumers over the age of 14 as defined by Austrian law can be registered. There is no legal entitlement to participate in the AlpineCard program. The user must have an active e-mail address and ensure that e-mails from the domain info@hiwu.at and alpinecard@hiwu.at can be received. All correspondence between HIWU and the user shall take place exclusively via the e-mail address provided by the user; declarations of intent via other channels shall not be effective, with the exception of postal notifications of the user by HIWU.

The user consents to the processing of his/her personal data in accordance with the data protection declaration. The data protection declaration is available at Data protection I Hinterstoder-Wurzeralm (skisport.com)

The contract is concluded for an indefinite period and can be terminated by the user at any time with immediate effect without giving reasons. The operator may terminate the contract by giving three months' notice.

Both parties to the contract have the right to extraordinary termination for good cause. Good cause includes, in particular, double registration of a user, misuse of the portal or AlpineCard, revocation of the GTC or parts thereof, as well as a breach of the GTC. In particular, access to the AlpineCard account by third parties constitutes misuse.

In the event of extraordinary termination caused by the user, all benefits shall automatically expire.

HIWU has the right to delete inactive user accounts and thus terminate the contractual relationship. A user account is considered inactive if the user has not performed any action for 36 months. In the event of termination, the user account and the user's data will be deleted. The benefits on the user's account expire. Data that HIWU requires for billing or verification purposes is exempt from deletion. The user expressly agrees to this data storage within the meaning of the GDPR.

4. SCOPE OF SERVICES

The AlpineCard offers users the opportunity to obtain price advantages, discounts, special offers, vouchers and other benefits when carrying out transactions in the HIWU online store and with AlpineCard partners. Whether and how discounts or advertising measures are offered to AlpineCard users is at the sole discretion of HIWU. The AlpineCard user has no legal claim to price advantages, discounts, special offers, vouchers and other benefits. The sending of price advantages, discounts, special offers, vouchers and other benefits, as well as the related advertising measures by means of profiling, shall only take place with consent and until any revocation. The price advantages, discounts, special offers, vouchers and other benefits and advertising measures offered as part of the AlpineCard serve to increase HIWU's sales.

When carrying out a transaction via the online store, the General Terms and Conditions of the online store shall apply in addition to these GTC. The latter are available on the website General Terms and Conditions I Hinterstoder-Wurzeralm (skisport.com).

5. TECHNICAL PROCESSING

Various cards can be booked on the AlpineCard (e.g. ski passes). As far as technically possible, the AlpineCard should be available without restriction. HIWU shall endeavor, as far as possible, to carry out maintenance and updates outside of operating hours. In the event of restrictions in availability, the user shall have no legal claim or claim for damages.

However, it is expressly stated that the individual services to which this card entitles the user are provided by legally independent companies. HIWU and also an entrepreneur who distributes the card on behalf of HIWU acts only as a representative for the other entrepreneurs (partners). Therefore, only the respective entrepreneur is obliged to provide the individual services and to pay compensation for any incidents. When using the card, the contract is concluded exclusively between the partner and the user. The Operator is not a contractual partner for these legal transactions and is not a representative of the Partner. Neither the user nor the partner shall have any rights whatsoever against HIWU arising from the contract concluded between them.

6. OBLIGATIONS OF THE USER

The user guarantees the completeness and accuracy of all information provided by him/her and must report any changes to his/her details immediately to alpinecard@hiwu.at. The user's authorization of use is personal and extends only to the respective user. Use by third parties is prohibited. In the event of loss or theft of the card, the user must have the card blocked by HIWU immediately. HIWU assumes no liability for unauthorized use of the card or use of its benefits as long as the AlpineCard has not been reported as lost. If the card is lost or damaged, this must be reported immediately. Once the card has been blocked by HIWU, it can be reissued.

7. LIABILITY

The registration and participation of the user in the AlpineCard program does not constitute a contractual relationship between the user and the partners. HIWU therefore does not act as a representative of the partners. These contractual relationships with their reciprocal performance obligations are established exclusively between the user and the partner. HIWU therefore assumes no liability for breaches of duty by these contractual parties arising from such contracts.

HIWU is only liable to the user for intent and gross negligence. Liability is limited to the amount of damages foreseeable at the time the contract was concluded. For all links on the portal, HIWU has no influence whatsoever on the design and content of the linked pages and hereby expressly distances itself from all content of all linked pages on the portal. Liability for damages resulting from incorrect or missing information on the website is also excluded.

8. DATA PROTECTION

The protection of privacy and personal data is of particular concern to HIWU. HIWU processes personal data exclusively on the basis of the statutory provisions (GDPR).

HIWU receives user data for the purpose of fulfilling its AlpineCard program. A user can have their personal standard data changed at any time. The data collected in connection with this contractual relationship shall be disclosed by the user for the purpose of achieving the contractual objectives and shall be stored and processed by HIWU. The user agrees that his/her personal data may be transmitted to the participating partner companies for the purpose of providing information about services. The user expressly agrees that his/her data may also be made accessible to third parties for statistical purposes in anonymized form, i.e. it is no longer possible to draw conclusions about individual users. This declaration of consent can be revoked at any time with effect for the future by e-mail.

The privacy policy is available at the following link: Data protection I Hinterstoder-Wurzeralm (skisport.com)

By agreeing to these GTC, the user also confirms that they are aware of the privacy policy for the AlpineCard program. The user regularly receives a newsletter with information on new offers and services of the AlpineCard program. At the end of a newsletter there is the option to unsubscribe free of charge.

The IP address is logged for security reasons.

9. CHANGES TO THE GENERAL TERMS AND CONDITIONS / PLACE OF JURISDICTION / WRITTEN FORM

Changes to the General Terms and Conditions are possible at any time. This will be announced to the user by e-mail 14 days before the date of the change. If no express written objection is made within 4 weeks of the amendment date, the new GTC shall be deemed to have been accepted. If a user files an objection, HIWU shall be entitled to terminate the contractual relationship with the user.

Austrian law shall apply to the exclusion of Austrian international private law, as well as to the exclusion of the UN Convention on Contracts for the International Sale of Goods and other conflict-of-law rules. The place of jurisdiction is the competent court for 4573 Hinterstoder.

The possible invalidity of individual provisions shall not affect the validity of the remaining provisions.

10. RIGHT OF WITHDRAWAL OF THE CONSUMER

You may cancel this contract in writing within 14 days without giving any reason. The revocation as well as the termination must be sent to:

Hinterstoder-Wurzeralm Bergbahnen AG, Hinterstoder 21, 4573 Hinterstoder or by e-mail to alpinecard@hiwu.at

Status: June 2024