GTC - Wexl Trails St. Corona

1. GENERAL TERMS AND CONDITIONS

These general terms and conditions (hereinafter “GT&Cs”) govern the contractual relationship between Familienarena Bucklige Welt – Wechselland GmbH (hereinafter “Wexl Arena”) and its contractual partners (hereinafter “Client”). The GT&Cs apply to all current and future contractual relationships with Wexl Arena, in particular those related to the purchase and use of tickets, vouchers, services (courses, seminars etc.) or equipment hire (bicycle hire, winter sports hire). This also includes the general tariffs and conditions of service of Wexl Arena, the respective house and behavioural rules of Wexl Arena as well as the conditions of service as displayed on notices at the individual stations. In addition, the International Ski Federation (FIS) regulations are part of the contract. The Client is obliged to behave considerately within the ski resort, to respect the FIS regulations and not to endanger their own personal safety nor that of any other persons.

2. TICKETS FOR USE OF THE WEXL ARENA’S PRODUCTS AND SERVICES

To use any of Wexl Arena’s products and services, tickets must be purchased. Wexl Arena’s products and services encompass the motor skills park, the summer toboggan run (Corona Coaster), all sections of the Wexl Trails (trail park, mini bike park, skills line, pump track, panorama trails), the shuttle bus service at the Wexl Trails and the summer and winter ski lifts (Wintererlebnisland, Magic Carpet Land, Corona’s Skiland). Wexl Arena may unilaterally change the services offered, provided that the respective changes are not unreasonable for the Client and are legally justifiable. Wexl Arena shall inform the Client accordingly about these kinds of changes to its services.

2.1. General terms regarding the purchasing of tickets

All persons are entitled to purchase tickets (single tickets, day passes, multi-day passes and season passes).

Tickets for Wexl Arena are not transferable to other persons or other dates. Retroactive changes to the validity period of tickets are not possible.

The ticket prices and their validity periods are based on the relevant Wexl Arena price lists. Single ride tickets have a maximum validity of one season (the season in which they were bought). After that they are not transferable to another season.

A valid proof of age is required without exception for the purchase of all concession tickets (e.g. children).

The Client is obliged to keep their ticket safe, so that third parties do not have access to it and so that misuse, loss and theft can be avoided.

The Client is entitled to make use of Wexl Arena’s products and services as advertised during operational hours. The operational and opening hours are fixed for every season by Wexl Arena and apply in line with the on-site notices or as published on the homepage of our website.

The Client is obliged to present the ticket whenever requested by Wexl Arena staff.

Providing false personal details, particularly dates of birth, false certifications and/or forgeries of certifications shall immediately result in all entitlements being cancelled and the Client being barred from all facilities. Compensation claims by the Client are not possible in this instance. In this instance, Wexl Arena is entitled to charge a manipulation fee of EUR 75 and to demand that the value of the ticket be repaid in full. Wexl Arena reserves the right to assert further claims for damages and to press criminal charges.

Any abusive use of the ticket shall result in its immediate and irreversible termination. An abusive use entails, in particular, even merely attempting to provide the ticket for use by a third party.

Tickets can be given out through the use of a contactless data storage device from Wexl Arena. The data storage device is property of Wexl Arena and is to be returned to Wexl Arena at the end of its service life. For the issue of the data storage device, a deposit of EUR 3.00 shall be taken by Wexl Arena. The deposit of EUR 3.00 shall be returned to the Client upon return of the undamaged and fully-functioning data storage device no more than 3 years after its issue.

2.2. Damaged and defective data storage device

The Client acknowledges that, due to the necessary data exchange in connection with the data storage device, exceptional malfunctions may occur without resulting in any legal consequences, provided that the services can still be provided to Wexl Arena by other means.

If a data storage device is not accepted at the turnstile, despite the validity printed thereupon, the Client must inform Wexl Arena staff immediately. In the case of defective data storage devices, another suitable access authorisation method shall be issued by Wexl Arena. In the case of externally damaged data storage devices, the deposit of EUR 3.00 shall not be refunded. In the case of defective but externally undamaged data storage devices, the deposit of EUR 3.00 shall be refunded. The customer must pay another deposit of EUR 3.00 for a new data storage device to be issued.

In every instance, the Client is obliged to provide proof of purchase in case of malfunction of the data storage device, otherwise Wexl Arena is entitled to refuse to issue a new access authorisation method.

2.3. Purchase and withdrawal

The purchase of tickets can take place as follows:

Purchase directly at Wexl Arena: The Client pays for and obtains the desired day pass or single ticket directly at the kiosk (Unternberg 197, 2880 St. Corona am Wechsel or at the summer toboggan run St. Corona no. 162, 2880 St. Corona am Wechsel). When purchasing a season pass, the Client must provide Wexl Arena with their first name and surname, their date of birth, their address and an ID photograph (without headwear or ski goggles). The photograph, first name and surname shall be digitally imprinted on the applicable field in the till system.

Purchase of the ticket using the online ordering system: The Client chooses the desired ticket in the Wexl Arena online shop and places it in the basket. The Client enters the relevant details in the web shop. The Client acknowledges that the ordering process is binding upon clicking the “KAUFEN” (“BUY”) button and cannot be cancelled afterwards. After the ordering process has been completed, the Client receives a summary of their order. To finalise the ordering process, the Client must pay the amount via Paypal or credit card. After the payment process has been completed, the ticket is sent to the Client (delivery within 3-5 working days) or made available for collection. If the Client purchases a ticket for a time within the quoted delivery period, Wexl Arena shall not be liable for the delivery arriving before the planned usage period.

The Client acknowledges that the contracts established with Wexl Arena regarding its web shop, in particular tickets, sports classes, sports equipment and the like, such as about “leisure services”, are in accordance with section 18, paragraph 1, line 10 of the Austrian Distance and Outward Transactions Act (§ 18 Abs 1 Z 10 FAGG). Therefore, the Client has no right of withdrawal if they conclude contracts remotely (via email, internet, fax, telephone, etc.).

If Wexl Arena is operationally fit and the services on offer, in particular the ski lifts, are fundamentally available, the Client has no right of withdrawal because of poor weather, risk of avalanches, the Client’s early departure, temporary or weather-related interruption or cessation of operations, closure of individual facilities, slopes or routes, Client illness, or any other circumstances originating from the Client. A refund of the ticket price is not possible in this instance.

2.4. Misplacement, loss and theft

If the Client forgets their single ticket, day pass or season pass, Wexl Arena shall not provide a replacement. The Client has no right to a refund.

In the case of loss of theft of single tickets or day passes, this is at the Client’s expense. The Client must pay for the desired service again.

In the case of loss or theft of season passes, the Client is obliged to report this to Wexl Arena staff, so that the pass can be blocked immediately. The Client is also obliged to release an official loss or theft notice immediately. A new usage authorisation shall only be issued upon presentation of a loss or theft notice. The customer must pay a sum of EUR 3.00 for a new data storage device to be issued.

2.5. Special arrangement for reimbursement of season passes

If the Client has purchased a season pass and it is not possible for them to use Wexl Arena’s facilities as a result of an accident or an illness that results in a health impairment of at least six weeks, a partial refund of the ticket price shall be made for the duration of the health impairment.

A refund is, however, not possible is the season pass was able to be used by the Client for more than half of its validity period.

The amount of the claim for a refund shall be determined based on the time at which the season pass was issued.

The Client is obliged to present a doctor’s certificate of the duration of the health impairment, otherwise they have no right to a refund.

3. VOUCHERS

Vouchers for Familienarena Bucklige Welt – Wechselland GmbH can be bought at the kiosk on site at Unternberg 197, 2880 St. Corona am Wechsel or purchased online on the website. Vouchers are transferable.

If the Client is also the user, they may cancel the online purchase of a voucher within 14 days without providing a reason. This period starts from the day the voucher is delivered: www.wexlarena.at/widerrufsformular

If the Client is also the user and they book a voucher that entitles them to use Wexl Arena’s services before the 14-day withdrawal period has elapsed, the Client expressly declares their desire for early initiation of the contract according to section 10 of the Austrian Distance and Outward Transactions Act (§ 10 FAGG). In this instance, the Client has no right of withdrawal if the voucher has been redeemed in its entirety within the 14-day withdrawal period.

3.1. Delivery and shipping by post – online orders

Vouchers ordered online are despatched to the address provided by the Client after payment has been received (delivery in 3-8 working days).

The vouchers are delivered within Austria. International shipping may be arranged subject to agreement. Wexl Arena accepts no liability for delayed deliveries.

3.2. Redemption of vouchers

The vouchers may be redeemed in all areas of Wexl Arena. Vouchers are not valid for services provided by third parties, such as chalet visits or accommodation.

If the value of the service used is less than the value of the voucher, a new voucher shall be generated for the remaining balance. It is not possible to exchange the voucher for cash.

4. SERVICES OF THE WINTER SPORTS SCHOOL AND THE BIKE AND OUTDOOR SCHOOL

The Winter Sports School is run bei „Skischule Seiser-Pflug am Wechsel“ and the Bike by „Bikeschol Pekoll“ and theyare not a branch of or operated Familienarena Bucklige Welt – Wechselland GmbH products, services, prices, cancellation regulations and trade conditions are set by those enterprises and are not covered herewithin.

5. WINTER SPORTS HIRE AND BIKE HIRE

St. Corona am Wechsel Winter Sports and Bike Hire is a branch of the “Wexl Arena” Bucklige Welt – Wechselland GmbH. This comprises in particular the hiring out of skis, snowboards, helmets and mountain bikes (trail bikes, e-bikes, children’s bikes) and various items of safety equipment.

5.1. Products, services and prices

The services offered by Wexl Arena in the online shop, on the website and in the Winter Sports and Bike Hire premises do not represent legally binding products and services; rather, they act solely as an invitation for the viewer to initiate the signing of a contract.

All prices displayed in the online shop, on the website and in the premises are inclusive of the relevant applicable VAT.

5.2. Online booking system

The Client can book rental equipment from Winter Sports and Bike Hire online. The Client shall receive a summary of their booking. With the receipt of this, a legally binding contract comes into effect. The transfer of rented equipment takes place on site.

The Client is responsible for selecting the individual pieces of equipment to be rented according to their own needs. Wexl Arena assumes no liability if there is no appropriate equipment available for hire at the time of collection due to erroneous or insufficient customer declarations.

Winter Sports and Bike Hire is entitled to make an equivalent piece of equipment available to the Client if the reserved item is damaged, destroyed or lost and thus not available to the Client at the time of collection. The Client declares that they agree to hire alternative equipment, provided that the Client has no substantial reasons to the contrary.

Rental equipment from Winter Sports and Bike Hire may exclusively be reserved on a daily basis. Prices and tariffs apply as displayed.

5.3. Contract formation via the web shop (Winter Sports Rental)

Placing the rental equipment into the basket and the Client clicking the “KAUFEN” (“BUY”) or “BUCHEN” (“BOOK”) button represents a legally binding offer to form a contract“ With the Client’s payment, a contractual relationship comes into effect.

The order confirmation serves as a coupon for the use of the booked service. The booked rental equipment is to be collected on time.

5.4. Contract formation in the premises

The declaration of the Client to an employee of the “Wexl Arena” that they wish to make use of the services of Winter Sports and Bike Hire represents a legally binding offer to form a contract.

Only with payment does a contractual relationship come into effect.

5.5. Payment methods at reservation

For the Winter Sports Rental web shop, there are the following payment methods to choose from: Paypal or credit card

For services bought on site, there are the following payment methods to choose from: Cash, vouchers, debit card, credit card

5.6. Refunds for already prepaid services in case of cancellation by the Client –web shop Winter Sports Rental

Cancellations are possible up until 4pm one day beforehand free of charge. Please confirm the cancellation with a response email to your reservation email. Cancellations by phone are not possible. Later cancellations cannot be accepted and will not be refunded.

If you want to cancel parts of your booking, please cancel the entire booking and start a new booking for the needed material.

6. Terms of use of the summer offers

By purchasing an admission ticket, the visitor accepts the general terms and conditions of Familienarena Bucklige Welt Wechselland GmbH and agrees to obey the rules of conduct. Use without a valid admission ticket is not permitted.

Use of the summer offers (summer toboggan run, themed hiking trails, motor skills park, Wexl trails, mini bike park and pump track) is at one‘s own risk.

The operator assumes no liability for accidents of any kind and no duty of supervision. Parents are responsible for their children.

Dogs are prohibited in the motor skills park, the mini bike park and the trail park.

Damage to equipment and roadways must be reported to the operator immediately.

Before use, everyone must be aware of their abilities, skills and physical fitness.

6.1. Additional Terms of Use Motor Skills Park

Exercise instructions and safety instructions on the devices must be observed.
Overloading of the individual devices must be avoided.
The devices and the system must not be used in wet conditions, ice, snow, frost, dew and thunderstorms due to the risk of slipping and injury.
Children under 140 cm tall may only use the devices under supervision.

6.2. Additional Terms of Use Wexl Trails Mountain Bike Trails

Wearing a helmet is mandatory when riding a bike in the entire trail network.
Access and use the Trails Park facilities at your own risk. The operators assume no duty of supervision and no liability.
The routes must always be used at a controlled speed and with half way visibility, especially on curves, as obstacles can be expected at any time (e.g. stones, branches, temporarily stored wood, grazing cattle, pasture grates, tractors/forestry machines, vehicles belonging to authorized persons). Riding against the specified direction of travel is not permitted.
When using the bike trails, everyone must be aware of their abilities and skills.
Shortcuts and maneuvers with blocked rear wheels are not allowed; they damage the trail - you are not allowed to drive off the marked routes. Be considerate of other mountain bikers, hikers and pedestrians, only overtake at walking pace and do not leave any rubbish behind!
The routes may only be ridden with serviced mountain bikes - use with other sports equipment (such as city bikes, karts, motorcycles or electric motorcycles) is not permitted. Transporting children in child seats (in front of or behind the driver) is not permitted.

7. CONDITIONS OF CARRIAGE

The use of the drag lift requires skiing skills in winter and skills in handling summer sports equipment on wheels in summer.
The passenger must have a valid ticket.
Helmets are required when using the lifts.
The instructions of the staff must be followed. Notes must be observed. Violators may be excluded from carriage.
Children up to 0.90 m tall will not be transported alone in winter operations. The transport of children with a height of 0.90 m to 1.10 m is only permitted with the express consent of a supervisor who must be at least 15 years old.
Carrying children with you during transport is not permitted. Children may only be pushed forward by a person who has reached the age of 15 and has special experience in using drag lifts.
In summer operation, the system is designed as a conditional lift. You get on with the support of a staff member and get off the tow lift yourself. Operation is only permitted for 1 person per tow bar.
Children aged 10 and over, as well as adults with obvious and mental suitability, will be transported.
Children under 10 years of age will only be transported with the signature of their legal guardian when purchasing a ticket.
Carrying children with you during transport is prohibited.
The towbar in winter is positioned on bicycles on the saddle rail or between the saddle and buttocks. Freedom of movement for positioning the drag bar must be guaranteed. The towbar in summer is positioned on the handle bar. The bicycles transported must have a minimum wheel diameter of 20 inches.
If you fall, you must leave the lift trail immediately.
Getting off and on the during the uptow is prohibited.
During the ascent, slalom driving along the route is only permitted on the paved tow track and not on it.
The ascent is only permitted without fixed pedal clips in clip pedal shoes.
People who are under the influence of alcohol are excluded from transport.
No loose clothing or hanging items allowed.
Accidents or damage that the user suffers during transport must be reported to the staff immediately.

6. LIABILITY, COMPENSATION AND STATUTE OF LIMITATIONS

In all cases under consideration, Wexl Arena is only obliged to provide compensation in case of malice or gross negligence. In cases of slight negligence, we only accept liability for personal injuries. Claims must be asserted in court within six months of the Client’s knowledge of the damages and the damaging party, otherwise the statute of limitations shall apply. For indirect damages, lost profits, loss of interest, omitted savings, consequential and financial damages and damages from claims of third parties, we accept no liability.

Each Client is individually responsible for the use of the shuttle bus service and the associated transport of bicycles with a trailer and transport of bicycles via drag lift. Wexl Arena only assumes liability for damages to the transported sports equipment in the case of malice or gross negligence. The rental bicycles from Bike Hire are not insured against damage, theft or loss. When the rental equipment is issued, this shall be clearly indicated. Damages to the rental equipment are to be paid for by the Client on site.

7. SEVERABILITY CLAUSE

In the event that one or several of the provisions of these Terms should become invalid or incomplete, this shall have no bearing on the validity of the remaining provisions. The invalid or incomplete provision shall be replaced by one which comes as close as possible to the commercial purpose of the original provision.

8. CANCELLATION POLICY

Information regarding the exercise of the right of withdrawal in the case of a purchase contract for delivery of one or several items in one shipment

8.1. Right of cancellation

You have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the items.

In order to exercise your right of cancellation, you must inform us:

Familienarena Bucklige Welt – Wechselland GmbH, Unternberg 197, 2880 St. Corona am Wechsel, +43 2641 21009, info@wexlarena.at of your decision to cancel this contract with a clear statement (e.g., with a letter sent by post, fax, or email). You may use the attached sample cancellation form to do so, although this is not mandatory.

To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right of cancellation before the cancellation deadline.

8.2. Consequences of cancellation

If you cancel the contract, we must refund all payments that we have received from you, including delivery costs (except for the extra costs resulting from your having chosen a different type of delivery from the cheapest standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we receive notification that you are cancelling the contract. To make this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for this repayment.

We can refuse to make the repayment until we have received the goods back or you have provided proof that you have sent back the goods, whichever is earlier.

You must return the items to us immediately, and at the latest within fourteen days from the day on which you inform us that you are rescinding this contract.

You are considered to have met the deadline if you send the goods back before the fourteen day period passes.

You must pay for any diminished value of the goods only if such a loss in value is due to the goods being handled in a way other than that necessary to check the quality, features and functioning of the goods.

9. ANNEX 1: SAMPLE CANCELLATION FORM (ANNEX I B TO THE AUSTRIAN DISTANCE SELLING ACT (FAGG))

Cancellation form

(If you wish to cancel the contract, please fill in this form and return it to us.)

Familienarena Bucklige Welt – Wechselland GmbH

Unternberg 197

2880 St. Corona am Wechsel

- I/we (*) hereby cancel the Contract that I/we (*) have concluded to purchase the following goods (*) / receive the following service (*):

Ordered/received on:

Name of consumer(s)

Address of consumer(s)

Signature of the consumer(s):

Date: