General Terms & Conditions (GTC)
Bergbahn AG Kitzbühel
Version dated May 2025

Scope of Application
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 referred to as "GTC"). Upon conclusion of the respective contract between the Bergbahn and the customer, the content of the then current version of the GTC (which is available on the Internet, is posted at the respective valley stations or is handed over to the customer upon request) shall also be agreed as an integral part of the contract concluded between the Bergbahn and the customer.

2. Should other GTCs also apply to the contractual relationship between the Bergbahn and the customer, these GTCs of the Bergbahn shall always take precedence over other GTCs in the event of contradictions.

3. If the customer purchases a (group) ticket for the use of facilities of several companies, Bergbahn shall act for the other companies only as their representative. The services that can be used with such a (group) ticket are provided by legally independent companies. The company in whose (ski) area an accident occurred is therefore always liable for the provision of the individual services and for the consequences of any accidents; contractual claims (e.g. from piste safety or transport) are therefore processed by the company in whose (ski) area an incident occurred.
For transportation with bicycles, dogs, as well as paragliding, etc., the respective transportation conditions of Bergbahn apply.

4. Deviating GTCs are not accepted by the Bergbahn.

Services of the Bergbahn
1. The Bergbahn shall only provide the agreed services upon presentation of a valid ticket.

2. The Bergbahn is entitled to have services provided in whole or in part by third parties.

3. Information in brochures, circulars, catalogues, advertisements, price lists etc. is non-binding.

Payment
1. Unless otherwise agreed, payment — based on the prices valid at the time of purchase of the tickets — is due immediately and without deduction.

2. The customer must pay a deposit fee for a KeyCard. The KeyCard can be returned and the deposit fee refunded at any ticket office of the Bergbahn, the return machines or at the OPOS-Partners (ticket system).

Validity of ski passes (= tickets)
1. Tickets are not transferable.

2. The operation of the facilities, the start and end of the season are determined on a seasonal basis and published on the homepage. The operating times are published on the homepage of the Bergbahn at https://www.kitzski.at/en/ski-area-tirol/timetables-operating-times.html
or are posted at the respective points of sale.

3. When using the transport services of the Bergbahn, a valid ticket must always be carried and presented to the employees of the Bergbahn upon request, so that they can verify that the mountain railway's transport services are being used legitimately.

4. If a customer is carrying a reduced ticket (without photo), he or she must present proof of the existence of a reason for the reduction in the event of an inspection. If the customer does not provide this proof immediately or within 24 hours at the latest, the reduced ticket will be confiscated without replacement. In this case, the cable car is also entitled to charge a handling fee of EUR 20.00.

5. Generally, the validity of tickets begins on the day of issue. Tickets can also be purchased in advance on request. For online tickets, "dynamic" (variable) prices apply.

6. The customer is solely responsible for correctly entering the data, particularly the data carrier number, and acknowledges that incorrect entry will prevent the activation of the data carrier. In the event that reissuance is required, which involves a payment transaction, a processing fee may be charged. For top-ups, the booked service can be used no earlier than 60 minutes after receipt of the confirmation of execution.

7. Tickets for several days are only valid for consecutive days, unless a different period of validity is expressly stated in writing (e.g. option ski passes (“Wahlskipässe”)).

8. If the customer — in the case of tickets for several days — does not wish to make use of individual days or cannot make use of them due to circumstances in his sphere, these days can neither be (proportionately) refunded, replaced nor credited.

9. The (winter) hiking ticket entitles the holder to use all cable car facilities approved for pedestrian transport. The transport of any type of winter sports equipment is not permitted.

Loss, exchange
1. After the loss of a ticket, a replacement ticket will be issued exclusively for KitzSki Cards, for which a handling fee of EUR 20.00 is to be paid. The replacement pass is valid for the remaining contract period after the issue. The lost pass will be blocked.

2. The exchange, extension or postponement of the period of validity of a ticket is not possible.

Photocompare
1. Please note that for the purpose of access control, a reference photo of the lift pass holder is taken when first passing through a turnstile equipped with a camera. This reference photo is compared by lift personnel with the photos taken each time the holder passes through a camera-equipped turnstile thereafter. The reference photo is deleted immediately after the lift pass expires; all other photos are deleted no later than 30 minutes after each respective turnstile passage.

Refund, suspension of operations, extraordinary events
1. If the customer cannot use the ticket (further) due to accident or illness, there is no entitlement to a (proportionate) refund. However, the Bergbahn may, at its discretion and in accordance with its internal policies, grant a proportionate refund as a gesture of goodwill upon presentation of a medical certificate from a local doctor. The medical 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 its validity period expires. There is no legal entitlement to a refund. Refunds are not available for day tickets or single-ride tickets (e.g. pedestrian tickets (“Fußgänger”)).
Refunds for winter season tickets after February 28 of a calendar year are generally excluded.

2. There is no entitlement to a — proportionate — refund in the event of early departure by the customer and other reasons within the customer's sphere of influence for non-use of the ticket.

3. It is not always possible to keep all facilities and slopes continuously open at all times. This has been common and known every year in every ski area since the beginning of commercial winter sports throughout the Alpine region. The range of facilities available for use can change on a daily basis as well as during the course of the day. The (daily) current offer is available at the respective cash desks, at the electronic panorama boards, from the respective information channels of the skiing area and at the respective lifts as well as from the internet. If winter sports can still be practiced to a limited extent, the restriction of services does not entitle the holder to a reduction or refund of the price paid for a ski pass. Claims for damages by the holder of a ski pass for these reasons are also excluded.

Restrictions due to a pandemic
1. As is well known, restrictions and limitations were in place worldwide due to a pandemic, which could also affect the use of the services provided by the Bergbahn (e.g. distancing rules, limits on the number of passengers transported, regulations for ticketing areas, entry and exit points, proof of vaccination or a negative test result, reduced operating hours, regulations concerning border controls or border crossings, etc.).

2. The customer is expressly advised that new such restrictions and limitations on the use of the services of the Bergbahn may be imposed by law at any time. In these cases, too, there is no entitlement to a (proportionate) refund, extension or postponement of the period of validity of the ticket vis-à-vis the Bergbahn.

3. Compliance with measures prescribed by the authorities (in particular protective measures to contain COVID-19 or any other pandemic) as a prerequisite for the use of the services of the Bergbahn is the sole responsibility of the customer. If the customer is unable or unwilling to comply with officially prescribed measures (e.g. submission of a negative test or proof of vaccination, etc.) and therefore may not be transported, the customer may not claim a (proportionate) refund, extension or postponement of the period of validity.

4. If the customer purchases a ticket during an officially ordered closure of the Bergbahnen facilities, there is no entitlement to a (proportional) refund.

Misuse
1. Misuse of a ticket (e.g. unauthorised transfer, use of another person's ticket, use of the transport service without a ticket, etc.) leads to immediate and uncompensated withdrawal of the ticket and the obligation to pay a penalty of at least EUR 200.00. In such cases, the Bergbahn also reserves the right to file criminal charges.

Liability
1. The Bergbahn shall not be liable for damages incurred by a customer as a result of the conduct of third parties if these third parties are not attributable to the Bergbahn or if they are not subject to its instructions.

2. The transport contract is only concluded for the use of the facilities and the open pistes/ski routes during the announced operating times, therefore contractual claims against the Bergbahn only exist for the duration of these operating times and for open pistes/ski routes.

3. The use of the free ski area is at your own risk and responsibility. No safety or marking measures of any kind (e.g. safety devices, controls, barriers, etc.) are taken in the free ski area. Any measures taken in exceptional cases are voluntary and do not constitute any obligation on the part of the Bergbahn.

Obligation of the contracting parties
1. The customer is obliged to comply with the FIS rules for conduct.

2. The instructions of the staff of the Bergbahn, the information team and the ski patrol must be followed, as these serve the safety of all users of the ski area and the avoidance of accidents, damage etc. Irresponsible and inappropriate behaviour will result in the loss of the ticket.

3. Skiing is only allowed on marked slopes and ski routes. Non-compliance will result in a penalty according to the Austrian Forestry Law (Forstgesetz). Designated protected zones may not be entered or skied on.

4. The operating hours must be strictly observed. Use of the ski area is not permitted after closing time. During this time, piste preparations (especially with the help of cable winches) take place and there is danger to life.

5. Walking and tobogganing on pistes are strictly prohibited. Pedestrians must only use the designated winter hiking trails. In general, nature and fellow human must be treated considerately and responsibly. This also applies when practicing sports. This also includes keeping a sufficient safety distance from piste machines, skidoos and snow-making equipment.

6. Any pollution, throwing away of rubbish, cigarettes etc. must be avoided.

7. In the event of an accident, it is up to the rescue team to decide how to provide care and rescue. The rescue team is entitled to take measures according to their decision based on their training and experience in the best interest of the casualty. The costs of a rescue shall be borne by the victim.

8. The Conditions of Carriage displayed at all valley stations are an integral part of the Contract of Carriage. They apply (in accordance with the statutory provisions) to the carriage of persons and to their conduct in the area of the cable cars. The contracting partner is obliged to comply with the Conditions of Carriage. Any violation of the Conditions of Carriage shall have consequences under liability law.

9. Should a customer endanger the physical integrity of other customers or employees of the Bergbahn (in particular when using the pistes or by disregarding barriers) through his or her inconsiderate or dangerous behaviour, the Bergbahn may exclude this customer — for the protection of other customers or employees — from further transport if he or she continues his or her behaviour despite an appropriate warning.

1. General Information
1.1. These General Terms and Conditions (“GTC”) apply to orders, sales, and deliveries of tickets, vouchers, and the electronic storage of access authorizations on contactless data carriers, in particular on so-called KeyCards (“Products”) or mobile tickets (cell phones), which are offered and distributed in the KitzSki Ticket Webshop (“Webshop”) via the website https://www.kitzski.at/ and via the KitzSki app.
1.2. Bergbahn Aktiengesellschaft Kitzbühel, FN 32753t, Hahnenkammstraße 1a, 6370 Kitzbühel is the provider of the online store and seller of the products in the online store (“Provider”).

2. Scope of application
2.1. These GTC apply if the buyer is a consumer within the meaning of § 1 KSchG (“customer”).
2.2. Only persons aged 18 or over are permitted to make purchases in the online store.

3. Changes to the terms and conditions
3.1. The provider reserves the right to amend these terms and conditions. The terms and conditions valid at the time of the customer's order apply to the sale and delivery of products.

4. Customer account
4.1. To order products, the customer must create a customer account in the online store. To create a customer account, the customer must provide 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. Information about the payment methods selected by the customer;
4.1.6. E-Mail Address;
4.2. The customer is obliged to provide all information completely and correctly. If the customer provides incorrect, incomplete, or unclear information, they shall be liable for all costs and damages incurred by the provider as a result.

5. Order, booking confirmation, shipping confirmation
5.1. The products and prices shown in the online store constitute an invitation to the customer to submit a binding offer to the provider to purchase the products. By clicking on the button labeled “Place order” or a similar button, the customer submits a binding order to the provider (“order”).
5.2. After checking availability and the payment details provided by the customer, the provider will send the customer an order confirmation to the email address provided by the customer (“booking confirmation”).
5.3. The contract between the customer and the provider regarding the order placed by the customer shall come into effect upon receipt of the booking confirmation by the customer (“conclusion of contract”).
5.4. If the shipping method “Postal delivery” is selected, the provider will also send the customer a shipping confirmation by email as soon as the products have been shipped (“shipping confirmation”).
5.5. The customer must ensure that all information provided by them in connection with an order, in particular, the data specified in section 4.1, is accurate, correct, and up to date. The customer must notify the provider of any changes to this information immediately.
5.6. The products ordered by the customer shall only become the property of the customer once the purchase price and ancillary costs (in particular shipping costs) have been paid in full.
5.7. The provider shall send the customer an electronic invoice after conclusion of the contract.

6. Payment terms
6.1. All prices stated in the online store are in euros and include sales tax, but exclude shipping costs, unless expressly stated otherwise. The applicable shipping costs will be displayed to the customer during the ordering process before the order is placed and will be shown in the booking confirmation.
6.2. Payment in the online store can be made using the following payment methods:
6.2.1. Credit card;
6.2.2. IDEAL;
6.2.3. EPS-instant transfer;
6.2.4. Google Pay;
6.2.5. Apple Pay.
6.3. The provider reserves the right to change the payment methods. The provider reserves the right to offer different payment methods to certain customers and for certain products.
6.4. The purchase price is due upon conclusion of the contract.
6.5. In the event that the customer defaults on payment of the full purchase price, interest of 4% p.a. shall be charged. A reasonable amount, up to a maximum of EUR 10.00, shall be charged for reminders sent by the provider.

7. Ordering procedures
7.1. When purchasing season tickets, the customer must upload a current photo to the online store.
7.2. Until the ticket is issued, the booking confirmation sent to the customer serves as the sole proof of a properly made booking.

8. Purchase of KeyCards
8.1. When purchasing access authorizations on contactless data carriers for the first time, in particular on so-called KeyCards (“KeyCards”), the KeyCard must be collected from the provider's points of
sale upon presentation of the booking confirmation and valid photo ID.
8.2. When issuing the ticket using a keycard, a deposit fee of EUR 2.00 is payable, which is not included in the purchase price. This deposit fee will be refunded in full to the customer upon return of a functional and undamaged keycard. Returns are only possible at the provider's points of sale.
8.3. If the customer wishes to use an existing keycard for a new access authorization, they must provide the data carrier number of the existing keycard when placing the order. The booked service can be used within a few seconds of receiving the booking confirmation.
8.4. If a KeyCard is lost, the provider will issue a replacement KeyCard upon presentation of proof of the original booking. A processing fee of EUR 20.00 plus the deposit fee of EUR 2.00 will be charged for this.

9. Shipping
9.1. If provided for in the online store, the shipping methods specified in the ordering process are available to the customer.
9.2. The delivery times specified by the provider are based on the information provided by the contracted shipping service provider and are non-binding. The delivery time is usually five business days from the conclusion of the contract.
9.3. If the delivery date is not met due to force majeure, labor disputes, or other events beyond the provider's control, the delivery date shall be extended appropriately for the duration of the hindrance. The provider shall notify the customer of the beginning and end of such circumstances as soon as possible, without the customer being able to derive any claims from the failure to notify.
9.4. If the supplier ships the products, the risk of loss or damage to the products shall pass to the customer when the products are delivered to the customer or to a third party designated by the customer, whereby the carrier of the goods is not a “third party” in this sense.
9.5. The customer is obliged to accept the products upon delivery. If the customer defaults on acceptance of the products, the risk shall pass to the customer and the warranty period for the provider's performance shall commence.
9.6. The place of performance in connection with the provider's performance is the place of delivery of the products to the customer or to a third party designated by the customer.

10. Vouchers
10.1. Depending on the selected shipping method, vouchers can either be downloaded and printed by the customer immediately after receipt of the booking confirmation or additionally sent by email to the email address provided by the customer.
10.2. Vouchers can only be redeemed for the provider's services. Vouchers can only be redeemed at the provider's points of sale.
10.3. Each voucher has a forgery-proof code. Regardless of the number of printouts, each voucher can only be redeemed once.
10.4. Lost vouchers will not be replaced.
10.5. If the voucher value exceeds the price of the service consumed, the remaining value remains as credit on the voucher. Cash payment of the remaining value is excluded.
10.6. The fee for vouchers does not include sales tax. Tax treatment only takes place when the voucher is redeemed and the service is provided.
10.7. Any dedications on the voucher are non-binding. The amount paid by the customer is decisive.
10.8. Unless a shorter period of validity has been expressly agreed, vouchers are valid for 30 years from the date of issue.

11. Retention of title
11.1. The delivered products remain the property of the provider until all claims arising from the respective contractual relationship have been paid in full.

12. Warranty
12.1. In the event of a defect covered by the warranty, the Provider is entitled to repair or replace the products.
12.2. The Provider may request that the Customer returns the defective products to the Provider, provided this is reasonable. In this case, the Provider shall bear the costs of the return shipment and the risk of transport.

13. Liability and compensation
13.1. The provider's liability for damage caused by slight negligence, with the exception of personal injury, is excluded. Liability is also excluded for pure financial losses, loss of profit, damage to third parties, indirect damage, and consequential damage.
13.2. The provisions limiting or excluding liability in this section 13 shall not apply if and to the extent that the provider is guilty of gross negligence or intent.

14. Refund
14.1. If the provider is willing to perform, the customer shall have no claim to a refund in the event of external circumstances beyond the provider's control, in particular bad weather, unforeseen departure of the customer, illness of the customer, avalanche danger, overcrowding, failure or interruption of operation of individual facilities, official closures, or comparable events.
14.2. If the customer does not use the purchased products for reasons attributable to their sphere of influence, the contract remains valid; the customer remains obliged to pay.
14.3. In the event of skiing accidents involving the customer, a refund may be granted at the provider's discretion; there is no legal entitlement to this.

15. Cancellation policy
15.1. The customer has the right to withdraw from the contract within fourteen days without giving reasons.
15.2. The withdrawal period is fourteen days from the day on which the customer receives the booking confirmation by email, i.e. from the conclusion of the contract. In the case of the purchase of goods, the withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, took possession of the goods or, in the case of a partial delivery, on the day on which the customer or a third party designated by the customer,
who is not the carrier, took possession of the last goods.
15.3. Pursuant to § 18 (1) (1) FAGG, the customer has no right of withdrawal for services if the provider has rendered the service in full and the provider has commenced performance of the contract with the prior express consent of the customer.
15.4. To exercise the right of withdrawal, the customer must inform the provider of their decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or email). The customer may use the attached sample withdrawal form for this purpose, but this is not mandatory.
15.5. To comply with the withdrawal period, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.
15.6. Consequences of withdrawal:
15.6.1. If the customer revokes the contract, the provider must reimburse the customer for all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by the provider), without delay and at the latest within fourteen days of the day on which the provider received notification of the cancellation of the contract. For this refund, the provider shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no event shall the customer be charged for this refund. The provider may refuse to refund until it has received the goods back or until the customer has provided proof that they have returned the goods, whichever is earlier.
15.6.2. The customer must return or hand over the goods to the provider immediately and in any case 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 the goods before the expiry of the fourteen-day period.
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 loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
15.7. Sample – cancellation form

16. Access control/Photocompare
16.1. For access control purposes, a reference photo of the ticket holder is taken when they first pass through a turnstile equipped with a camera. A control photo is taken each time they pass through such a turnstile. The reference photo is then compared with the control photos to verify access authorization.
16.2. The reference photo is deleted immediately after the ticket expires, and the control photos are deleted no later than 30 minutes after passing through the respective turnstile. All data is stored in encrypted form.
16.3. This data processing is carried out on the basis of the legitimate interest of the responsible parties (Art. 6 (1) (f) GDPR) to prevent the unauthorized transfer of lift tickets, as this is expressly prohibited by contract.

17. General provisions
17.1. All legal relationships between the Provider and the Customer shall be governed exclusively by Austrian law, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
17.2. The place of jurisdiction shall be the court with jurisdiction over the Provider's registered office. The Customer shall also be entitled to bring legal action at their place of residence.
17.3. The customer may only offset claims against the provider's claims if the claims are legally related to the claims, have been recognized, or have been established by a court of law.
17.4. The provider reserves the right to block tickets, vouchers, or other products in cases of misuse, manipulation, or fraudulent use within the scope of automated processing.
17.5. The customer is obliged to notify the provider of any changes to their address. If the customer does not notify the provider of a change of address, any declaration sent by the provider to the last known address shall nevertheless be deemed to have been received by the customer.
17.6. Amendments or additions to this contract must be made in writing. This also applies to any waiver of this written form requirement.
17.7. The provider is obliged to participate in alternative dispute resolution proceedings in accordance with the Alternative Dispute Resolution Act (“AStG”).
17.8. Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a provision shall be deemed to have been agreed that comes closest to the economic purpose of the original provision. This also applies to unintended contractual loopholes.


Version: January 2026