General Terms & Conditions (GTC)
Bergbahn AG Kitzbühel
Version dated May 2026

1. SCOPE OF APPLICATION
1.1. Bergbahn AG Kitzbühel (hereinafter referred to as “Bergbahn”) provides its services to its customers exclusively on the basis of these General Terms and Conditions (hereinafter “GTC”). Upon conclusion of any contract between Bergbahn and the customer, the then current version of the GTC (available online, displayed at the respective valley stations or provided to the customer upon request) shall form an integral part of the contract concluded between Bergbahn and the customer.
1.2. Should other general terms and conditions also apply to the contractual relationship between Bergbahn and the customer, these GTC shall in any case prevail over any other terms in the event of contradictions.
1.3. If the customer purchases a (combined) ticket for the use of facilities operated by several companies, Bergbahn AG Kitzbühel acts for the other operators solely as their representative. The services that can be used with such a (combined) ticket are provided by legally independent companies. The respective company in whose ski area an accident occurs shall therefore always be responsible for the provision of the individual services and for the consequences of any accidents; contractual claims (e.g. arising from slope safety or transport) shall therefore be handled by the company in whose ski area an incident occurred.
1.4. For the transport of bicycles, dogs, as well as for paragliding, etc., the respective transport conditions of Bergbahn AG
Kitzbühel shall apply.
1.5. Deviating terms and conditions are not accepted by Bergbahn.

2. SERVICES PROVIDED BY BERGBAHN
2.1. Bergbahn shall provide the agreed services only upon presentation of a valid ticket.
2.2. Bergbahn is entitled to have services performed in whole or in part by third parties.
2.3. Information contained in brochures, circulars, catalogues, advertisements, price lists, etc. is non-binding.

3. PAYMENT
3.1. Unless otherwise agreed, fees – based on the prices valid at the time of purchase of the tickets – are due immediately and without deduction.
3.2. A deposit fee must be paid by the customer for a KeyCard. The KeyCard can be returned and the deposit refunded at any Bergbahn ticket office, return machines or OPOS partners.

4. VALIDITY OF SKI PASSES (= TICKETS)
4.1. Tickets are non-transferable.
4.2. The operation of the facilities, as well as the start and end of the season, are determined seasonally and published on the website. Operating hours are published on the Bergbahn website at https://www.kitzski.at/en/ski-area-tirol/timetables-operating-times.html and are also displayed at the respective sales points. Deviations due to circumstances beyond control remain reserved.
4.3. When using Bergbahn’s transport services, a valid ticket must always be carried and presented to Bergbahn staff upon request in order to verify that the use of the transport services is authorized.
4.4. If a customer carries a discounted ticket (without photo), proof of entitlement to the discount must be presented during inspection. If such proof is not provided immediately or within 24 hours at the latest, the discounted ticket shall be confiscated without replacement. In this case, Bergbahn is also entitled to charge a processing fee of €20.00.
4.5. As a rule, the validity of tickets begins on the date of issue. Tickets may also be purchased in advance upon request. Online tickets are subject to dynamic (variable) pricing.
4.6. The customer is solely responsible for the correct entry of data, in particular the data carrier number, and acknowledges that incorrect entry may result in failure to activate the data carrier. If reissuance is requested, which requires a ticket office transaction, a processing fee may be charged. In the case of reloads, the booked service can be used at the earliest 60 minutes after receipt of the confirmation of execution.
4.7. Multi-day tickets are valid only for consecutive days, unless a different validity period has been expressly agreed in writing (e.g. flexible ski passes).
4.8. If the customer does not wish to use individual days of a multi-day ticket or is unable to do so due to circumstances within their sphere, these days cannot be refunded (even partially), replaced or credited.
4.9. The (winter) hiking ticket entitles the holder to transport on all cable car facilities approved for pedestrian use. The transport of winter sports equipment of any kind is not permitted.

5. LOSS, EXCHANGE
5.1. In the event of loss of a ticket, a replacement ticket will be issued exclusively for KitzSki Cards, subject to a processing fee of €20.00. The replacement ticket is valid for the remaining contractual period after issuance. The lost card will be blocked.
5.2. Exchange, extension or postponement of the validity period of a ticket is not possible.

6. PHOTOCOMPARE
6.1. It is hereby noted that, for the purpose of access control, a reference photo of the lift ticket holder is taken when passing through a camera-equipped turnstile for the first time. This reference photo is compared by lift personnel with the photos taken each time the ticket holder subsequently passes through such turnstiles. The reference photo and the control photos are stored for the duration of the contractual relationship, depending on the validity of the lift ticket.
6.2. Data processing using Photocompare is carried out on the basis of the legitimate interest of the controller in
preventing the unauthorized transfer of lift tickets. In the event of justified suspicion of misuse, the data necessary for
appropriate legal enforcement may be stored in encrypted form beyond the aforementioned period.

7. REFUNDS, OPERATIONAL INTERRUPTIONS, EXTRAORDINARY CIRCUMSTANCES
7.1. If the customer is prevented from (further) using the ticket due to an accident or illness, there is no entitlement to a (pro rata) refund. However, Bergbahn may, at its own discretion and in accordance with its internal guidelines, grant a partial refund as a gesture of goodwill upon presentation of a certificate issued by a registered physician or a hospital. The certificate must confirm that the customer is unable to participate in winter sports for the remaining validity period of the ticket due to accident or illness. In addition, the ticket must be returned before the expiry of its validity period. There is no legal entitlement to such a refund. No refunds are granted for day tickets or single rides (e.g. pedestrian tickets). Refunds for winter season passes are generally excluded after February 28 of a calendar year.
7.2. There is no entitlement to a (pro rata) refund in the event of early departure of the customer or other reasons within the customer’s sphere for not using the ticket.
7.3. It is not always possible for all facilities/slopes to be open continuously; this has been standard and well known throughout the entire Alpine region since the beginning of commercial winter sports. The range of available facilities may change daily and even during the course of a day. The currently available offer is displayed (daily updated) at the respective ticket offices, on electronic panorama boards, via the ski area’s information channels, at the respective lift facilities and also online. If winter sports can still be practiced to a limited extent, any restriction of the available offer does not give rise to any entitlement to a reduction or refund of the ticket price. Claims for damages by the holder of a ski pass on these grounds are also excluded.

8. RESTRICTIONS DUE TO A PANDEMIC
8.1. It is known that global restrictions and limitations due to a pandemic may affect the use of Bergbahn’s services
(e.g. distancing rules, limitation of passenger numbers, regulations for ticket offices, boarding or exit areas, proof of vaccination or negative test results, reduction of operating hours, regulations regarding border controls or crossings, etc.).
8.2. The customer is expressly advised that such restrictions and limitations may be imposed again at any time by law. In such cases, the customer shall have no entitlement to a (pro rata) refund, extension or postponement of the ticket validity.
8.3. Compliance with official regulations (in particular protective measures to contain COVID-19 or any other pandemic), insofar as these are directed at users, is solely the responsibility of the customer. If the customer is unable or unwilling to comply with such requirements (e.g. presentation of a negative test or proof of vaccination) and is therefore denied transport due to circumstances within their sphere, the customer shall not be entitled to any (pro rata) refund, extension or postponement of validity.
8.4. If a customer purchases a ticket during an officially ordered closure of the Bergbahn facilities, no entitlement to a (pro rata) refund shall arise.

9. MISUSE
9.1. Misuse of a ticket (e.g. unauthorized transfer, use of another person’s ticket, use of transport services without a valid ticket, etc.) shall result in immediate confiscation without compensation and an obligation to pay a contractual penalty of at least €200. Bergbahn also reserves the right to file a criminal complaint in such cases.

10. LIABILITY
10.1. Bergbahn shall not be liable for damages suffered by a customer as a result of the conduct of third parties, provided that such third parties are not attributable to Bergbahn and are not subject to its instructions.
10.2. The transport contract is concluded only for the use of the facilities and the open slopes/ski routes during the
daily announced operating hours; therefore, contractual claims against Bergbahn exist only for the duration of these operating hours and for open slopes/ski routes.
10.3. The use of off-piste terrain is at the customer’s own responsibility and risk. No safety or marking measures (such as barriers, controls, closures, etc.) are carried out in such areas. Any measures taken in exceptional cases are voluntary and do not constitute any obligation on the part of Bergbahn.

11. OBLIGATIONS OF THE CONTRACTUAL PARTIES
11.1. The customer is obliged to comply with the FIS rules.
11.2. Instructions issued by Bergbahn staff, the information team and ski patrol must be followed, as they serve the safety of all users of the ski area and the prevention of accidents and damage. Irresponsible or improper behavior may lead to the withdrawal of the ticket.
11.3. Skiing is only permitted on marked slopes and ski routes. Failure to comply may result in penalties under forest law. Designated protected areas must not be entered or used.
11.4. Operating hours must be strictly observed. Use of the ski area is not permitted after closing time. During this period, slope preparation (including the use of winch systems) takes place and there is a risk to life.
11.5. Walking and sledding on slopes is strictly prohibited. Pedestrians must use only the designated winter hiking routes. In general, nature and other persons must be treated with consideration and responsibility when practicing sports. This also includes maintaining a sufficient safety distance from snow groomers, skidoos and snowmaking systems.
11.6. Any form of pollution, littering, or disposal of waste, cigarettes, etc. is prohibited.
11.7. In the event of an accident, the type of care and rescue measures shall be determined by the rescue team. The rescue team is authorized to take measures based on their training and experience in the best possible interest of the injured person. The costs of rescue shall be borne by the injured person.
11.8. The transport conditions displayed at all valley stations form part of the transport contract. They apply (in accordance with statutory provisions) to the transport of persons and their conduct within the cable car area. The contractual partner is obliged to comply with these transport conditions. Violations may result in liability consequences.
11.9. If a customer endangers the physical integrity of other customers or Bergbahn employees through reckless or dangerous behavior (in particular when using slopes or disregarding closures), Bergbahn may exclude the customer from
further transport in order to protect others, provided that the customer continues such behavior despite prior warning.

1. GENERAL
1.1. These General Terms and Conditions (“GTC-T”) apply to orders, sales and delivery of tickets, vouchers, and the electronic storage of access authorizations on contactless data carriers, in particular so-called KeyCards or mobile tickets (mobile phone), offered and sold via the KitzSki Ticket Webshop (“Webshop”) on the website https://www.kitzski.at/ and via the KitzSki app.
1.2. In addition to these GTC-T, the General Terms and Conditions (GTC) shall apply accordingly.
1.3. Bergbahn Aktiengesellschaft Kitzbühel, FN 32753t, Hahnenkammstraße 1a, 6370 Kitzbühel, is the provider of the Webshop and seller of the products (“Provider”).

2. SCOPE OF APPLICATION
2.1. These GTC apply if the purchaser is a consumer within the meaning of Section 1 Austrian Consumer Protection Act (“Customer”).
2.2. Only persons aged 18 or over are entitled to purchase via the Webshop.

3. AMENDMENTS TO THE GTC
3.1. The Provider reserves the right to amend these GTC. The version valid at the time of the order shall apply.

4. CUSTOMER ACCOUNT
4.1. To place orders, the Customer must create a customer account providing the following information:
4.1.1. First name
4.1.2. Last name
4.1.3. Address
4.1.4. Date of birth
4.1.5. Payment details
4.1.6. Email address
4.2. The Customer must provide complete and accurate information. The Customer is liable for any costs or damages resulting from incorrect or incomplete data.

5. ORDER, BOOKING CONFIRMATION, SHIPPING CONFIRMATION
5.1. Products and prices displayed in the Webshop constitute an invitation to submit a binding offer. By clicking “Order with obligation to pay” (or similar wording), the Customer submits a binding order.
5.2. After verification, the Provider sends an order confirmation to the Customer’s email (“Booking Confirmation”).
5.3. The contract is concluded upon receipt of the Booking Confirmation.
5.4. If postal delivery is selected, a shipping confirmation will be sent once dispatch has taken place.
5.5. The Customer must ensure that all data provided is correct and up to date and must notify any changes without delay.
5.6. Ownership of products passes to the Customer only after full payment.
5.7. An electronic invoice will be issued after conclusion of the contract.

6. PAYMENT TERMS
6.1. All prices are in EUR including VAT, excluding shipping costs unless stated otherwise. Shipping costs are displayed before order completion.
6.2. Available payment methods:
6.2.1. Credit card
6.2.2. iDEAL
6.2.3. EPS transfer
6.2.4. Google Pay
6.2.5. Apple Pay
6.3. The Provider reserves the right to change payment methods.
6.4. Payment is due upon conclusion of the contract.
6.5. In case of delay, interest of 4% p.a. applies. Reminder fees up to EUR 10 may be charged.

7. ORDER MODALITIES
7.1. For season passes, the Customer must upload a current photo.
7.2. The Booking Confirmation serves as proof of purchase until ticket issuance.

8. KEYCARDS
8.1. Initial KeyCard collection requires presentation of Booking Confirmation and ID.
8.2. A deposit of EUR 2.00 is charged and refunded upon return of an undamaged card.
8.3. Existing KeyCards can be reused by entering the card number. Activation occurs within minutes.
8.4. Replacement cards cost EUR 20.00 plus deposit.

9. SHIPPING
9.1. Available shipping methods are shown during checkout.
9.2. Delivery times are non-binding (approx. 5 working days).
9.3. Delays due to force majeure extend delivery time accordingly.
9.4. Risk passes upon delivery to the Customer.
9.5. The Customer must accept delivery; otherwise risk transfers.
9.6. Place of performance is the delivery location.

10. VOUCHERS
10.1. Vouchers can be downloaded or sent by post.
10.2. Redeemable only at the Provider’s sales points.
10.3. Each voucher is valid for one-time redemption.
10.4. No replacement in case of loss.
10.5. Remaining balance stays on the voucher; no cash payout.
10.6. VAT applies upon redemption.
10.7. Descriptions on vouchers are non-binding.
10.8. Validity: 30 years unless otherwise specified.

11. RETENTION OF TITLE
11.1. Products remain property of the Provider until full payment.

12. WARRANTY
12.1. The Provider may repair or replace defective products.
12.2. Return shipment costs are borne by the Provider.

13. LIABILITY
13.1. Liability for slight negligence is excluded (except personal injury). No liability for indirect or financial damages.
13.2. This does not apply in cases of gross negligence or intent.

14. REFUND POLICY
14.1. No refunds if services are available but unused (e.g. weather, illness, early departure, closures).
14.2. Unused products remain payable.
14.3. Refunds in case of ski accidents may be granted at goodwill.

15. RIGHT OF WITHDRAWAL
15.1. The Customer may withdraw within 14 days without reason.
15.2. The period begins upon receipt of Booking Confirmation.
15.3. No withdrawal right if services are fully performed with consent.
15.4. Withdrawal must be declared clearly (email or letter).
15.5. Timely dispatch is sufficient.
15.6. Payments are refunded within 14 days. Goods must be returned within 14 days at Customer’s cost.
15.6.1. If the Customer withdraws from the contract, the Provider shall reimburse all payments received from the
Customer, including delivery costs (with the exception of additional costs resulting from the Customer choosing a type of delivery other than the least expensive standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal from the contract is received by the Provider.
The reimbursement shall be made using the same means of payment as the Customer used for the original transaction, unless expressly agreed otherwise; in no event shall the Customer be charged any fees for such reimbursement.
The Provider may withhold reimbursement until the goods have been received back or until the Customer has supplied evidence of having sent back the goods, whichever is earlier.
15.6.2. The Customer shall return or hand over the goods to the Provider without undue delay and in any event no later than fourteen days from the day on which the Customer informs the Provider of the withdrawal from this contract. The deadline is met if the Customer sends back the goods before the period of fourteen days has expired.
15.6.3. The Customer shall bear the direct costs of returning the goods.
15.6.4. The Customer shall only be liable for any diminished value of the goods if this diminished value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
15.7. Withdrawl form

16. ACCESS CONTROL / PHOTOCOMPARE
16.1. A reference photo is taken at first access and compared with subsequent images.
16.2. Reference photos are deleted after ticket expiry; control photos after 30 minutes.
16.3. Processing is based on legitimate interest (Art. 6 GDPR).

17. GENERAL PROVISIONS
17.1. Austrian law applies.
17.2. Place of jurisdiction: Provider’s registered office.
17.3. Set-off only with legally established claims.
17.4. Tickets may be blocked in case of misuse.
17.5. Address changes must be reported.
17.6. Written form required for amendments.
17.7. Provider participates in alternative dispute resolution (ADR).
17.8. Invalid clauses do not affect the remainder.