General Terms of Business of the St. Anton Summer Card
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General Terms of Business of the St. Anton Summer Card

1. General

1.1 The following general terms of business (hereinafter: AGB), which are expressly agreed upon between the card holder (hereinafter: guest) and the Tourist Association St. Anton am Arlberg (hereinafter: TVB), comprise the conditions where are valid for and applicable to the issue and the use of the St. Anton Summer Card and the St. Anton Premium Card (hereinafter: Card). The card is issued only in adherence to these AGB, whose acceptance is denoted by the guest through the initial use of the card. Please read these rules carefully before using the card for the first time.

1.2 Every accommodations provider in the region St. Anton am Arlberg (hereinafter: host) bears an obligation to the TVB that each registered guest, as defined by the terms of the Registration Laws of 1991, regardless of the length of stay, be made aware of the card and, to issue such card to the guest. Each guest will be issued with just one card per stay. Exeptions made for 6.3 and 6.4. Shall you need further information contact the TVB. The Summer Card is free-of-charge to the guest; the Premium Card is available at a cost.

2. Validity

2.1 The card is valid only if it has been completely filled out and is accompanied by a photo-ID, following correct and complete guest registration in accord with the Registration Laws of 1991. The card is non-transferrable. It is to be used only by the person to whom it was issued.

2.2 Valid cards can be used, i.e. redeemed, in the period 24 June 2015 until 27 September 2015 (hereinafter: period of validity). The cards are valid from the day of arrival until the day of departure of the guest (hereinafter: period of stay) . Following departure, the card immediately and automatically forfeits its validity, it need not be cancelled by the guest.

2.3 Guests whose sojourn lasts longer than 7 nights can use the services offered by the Summer Card a second time. Following each 7 nights’ stay, the services of the Summer Card are repeatable.

3. Special Terms applicable to the Premium Card

3.1 The Premium Card is available at a cost. Above and beyond the services covered by the Summer Card, it entitles the holder to additional services. A Premium Card can be purchased whenever a guest is entitled to a Summer Card. A Premium Card can be purchased for a period of validity of 3, 5 or 7 days within the period of stay and repurchased repeatedly if desired. Following expiration of the Premium Card, the services and terms for the Summer Card immediately take effect, insofar as they have not already been used, i.e. redeemed, by the Premium Card.

3.2 In case of precipitate, i.e. early departure due to serious illness or accident, the cost of the Premium Card will be refunded aliquot by the TVB. The amount of the refund is calculated by the number of non-used Premium Card days prior to departure. The pre-requisite for a refund is presentation of the host’s confirmation of early departure and the attestation of a doctor or hospital of the region. In cases which are defensible, the TVB will also accept an attestation from a doctor or hospital outside the region.

3.3 Apart from these specific points, the same conditions apply to the Premium Card as apply to the Summer Card.

4. Included in card services

4.1 Each guest is entitled to claim and receive the services foreseen by the card agenda (hereinafter: card services), depending on form of card (Summer or Premium) as listed in the informational materials (e.g. card booklet, card folder, website www.sommerkarte.at) published by the associate companies (hereinafter: service partners). The included card services of partners, as well as further information regarding the card, can be read in the card booklet, in the card folder and on the website www.sommerkarte.at.

4.2 The TVB is entitled to terminate agreements with service partners for important reasons, including during the period of validity of the card. These service partners are subsequently no longer obligated to recognize the card or to supply the services. In such a case the guest is not entitled to assert any claim on the TVB or a service partner, as delineated in the terms of Article 7.2.

4.3 Prices supplied by the service partners, printed in the card booklet and in the website www.sommerkarte.at are guidelines. They include all taxes and local charges and surcharges. In case the service partner changes the prices, the guest is not entitled to assert any claim with regard to the published price.

4.4 The added services of the Premium Card cannot be combined with other benefits, reductions or sales. However, the guest is entitled to choose the least expensive available offer. The offers of our premium service partners are only valid as long as supply lasts.

4.5 For children and adults, special Summer Cards and Premium Card are available which include different card services. Children are defined as persons born in the year 2000 or later. Adults are defined as persons born in the year 1999 or earlier.

5. Redeeming card services

5.1 The guest is cognizant of the fact that for reasons applying to seasonal necessity, the operational, i.e. opening hours of some service partners are not necessarily identical with the period of validity of the card and for that reason might possibly not be available to the guest.

5.2 The guest is obligated when using the card, i.e. when redeeming a listed service, to present the card to the service partner without being requested to do so. If requested by the service partner, the guest must also present a valid photo-ID. Should the guest not be able or not be willing to do so, the service can be refused by the service partner.

5.3 Service partners are permitted to refuse performance of services included in the card if there is good reason for doing so. Good reason for refusing a service include in particular: elementary events and other acts of nature beyond human control, maintenance services, repairs, endangering of human safety, overburdening the capacity of a given system, poor health of the guest, inadequate equipment of the guest, unsuitable clothing of the guest, violation of rules of the service partner, refusal to present a valid photo-ID or similar grounds. Should such a situation occur, the guest is not entitled to assert any claim for performance or damages against the service partner.

5.4 In laying claim to card services, a contract (hereinafter: contract of service) is effected solely between the guest and the given service partner. Thus, additional terms of business of the service partner can also come into effect and attain validity.

5.5 The TVB is not the contractual party of contracts with service providers. Neither the host nor the service partner are dependents or assistants of the TVB. From the contracts of service, in particular the non-performance of delivery of card services by a service partner, a guest is not entitled to assert any claim against the TVB, in particular, no claim of damage, delivery or performance can be asserted.

5.6 The card includes no insurance of any kind.

6. Card transfer, loss and defects

6.1 Transfer, i.e. handing on a card to someone else, is prohibited. In case of handing on a card, the guest is liable for any and all mis-use or abuse of the card by a third party.

6.2 In case of mis-use or abuse or suspicion of card abuse, service partners are entitled and obligated to take possession of and retain the card without substitution and, if necessary, to block its further use. In case mis-use or abuse is proven or there is substantial suspicion of mis-use and/or abuse, the incident will be reported to the authorities.

6.3 Theft or loss of the card must be reported to the host or the TVB without delay. The host or the TVB can then issue a new card. The missing card is blocked as soon as a new card is issued and thereby forfeits its validity.

6.4 Defective cards will be replaced by the host or the TVB.

6.5 In case of early departure, the card is blocked for the remaining period of validity of the card.

7. Warranty and liability

7.1 The TVB assumes no liability, i.e. provides no guarantee, that the card services of the Summer Card can actually be redeemed from the service partners.

7.2 The TVB merely provides a guarantee that the card services of the Premium Card can be redeemed in the period of validity under the terms of these AGB during the opening hours of the service partners. Should card services of the Premium Card not be redeemed for reasons unforeseeable by the guest and not defensible by the guest, any and all claims on the part of the guest against the TVB, regardless of their nature, are limited by the amount of reduction of the not-available service and the overall total price of the Premium Card itself.

7.3 The TVB is liable to the guest only in case of premeditated gross negligence. This limitation is not applicable to damage to persons or personal injury. Insofar as a further liability is legally permissible in a given individual case, this additional exclusion of liability is accepted as valid and applicable.

8. Other

8.1 Oral and/or ancillary agreements do not exist for these AGB, they are invalid. Any and all departures or divergencies from these AGB must be agreed upon in writing.

8.2 Any and all disputes arising through the use and issue of the card will be regulated and decided upon solely through Austrian laws. Any and all purchase rights and/or laws of the UN, as well as Austrian instructive norms, have neither validity nor applicability.

8.3 Regardless of any legal rules, it is agreed that the legal venue, i.e. applicable court of law, in case of legal disputes between the TVB and a guest is the authoritative court in A-6500 Landeck, Austria.

8.4 Insofar as one or more of the conditions in these AGB are null and void, those rules between the TVB and the guest are applicable and legally binding which approach the invalid rule or condition in the nearest way. The effectiveness and validity of the other rules and conditions remain unaffected in such a case.