The montafon.at website is operated by Montafon Tourismus GmbH. These General Terms and Conditions (GTC) apply to all mountain experiences and events that you book via our website or directly in one of our tourist information offices, either by direct booking or by purchasing vouchers or product vouchers and that are carried out by us. We do not recognize any terms and conditions of the customer that conflict with or deviate from these GTC unless we have expressly agreed to their validity. Acts of contract fulfillment shall not be deemed to be consent to contractual conditions that deviate from these GTC.

The contractor (in this case Montafon Tourismus GmbH) acts exclusively as an intermediary between the client and the respective service recipient (accommodation) and acts on behalf of and for the account of the respective service provider. A contract is concluded exclusively between the client and the respective service provider. As an intermediary, the contractor merely assumes the obligation to endeavor to procure a claim for services from others (accommodation providers).

On our website montafon.at we offer experience offers for the use of our own mountain experiences (hereinafter referred to as "Mountain Experiences") and mountain experiences or events organized by third parties (hereinafter referred to as "Mountain Experience Partners" or "Organizers"). Montafon only arranges mountain experiences organized by third parties by forwarding them to its website and does not itself become a contractual partner. A reference to the organizer and contractual partner is attached to the respective mountain experience.

If you have booked a fixed-date mountain experience with us, the ticket, which is non-transferable, is only valid for the booked date.
The voucher is a voucher with a nominal value in euros, which entitles the holder to use the voucher as a means of payment for the purchase of mountain experiences provided by Montafon. Vouchers can be purchased at montafon.at or at a local tourist information office.

The product voucher is a voucher for a specific mountain experience that entitles the holder to redeem this voucher for this mountain experience and to participate in the mountain experience, provided there are no circumstances that make participation inadmissible or impossible.

In addition to the mountain experiences and events organized by us, we also offer mountain experiences organized by third parties. We make a selection from a large number of mountain experiences from different providers and present these in the mountain experience description on this website. In addition to the sale and, unless otherwise indicated, the implementation of mountain experiences, Montafon's service consists of the sale of value and product vouchers and the arrangement of mountain experiences and events.

The presentation of our mountain experiences and the value and product vouchers do not constitute a binding offer to conclude a contract with you. The contract for the purchase of a mountain experience or a value or product voucher is concluded when

a) you first place a specific or several specific mountain experiences or one or more value or product voucher(s) in the shopping cart during the ordering process in our web store, complete the ordering process and receive a booking confirmation, or

b) book a mountain experience or purchase a value or product voucher directly at the tourist information office, or

c) book one or more mountain experiences by e-mail or telephone, providing payment information, and receive a booking confirmation from us.

If you order in the web store, the current number of mountain experiences and/or value product vouchers will be displayed in the shopping cart. You can change the number until you send the order. You can also select the means of payment in the web store. After you have selected the payment method, entered your personal data and accepted our General Terms and Conditions (which you can also call up, print out and save), it is possible to check all entries for correctness and, if necessary, change them again before sending your order and to send us your order online by clicking on the "Buy now" button.

By clicking on "Buy now" and thus submitting the offer, you will receive the booking confirmation and the ticket in the event of acceptance by us and the contract will be concluded.

After purchasing a mountain experience, you as the holder of the ticket are entitled to use the selected mountain experience. You must arrive at the specified meeting point at the specified time. Please bring the ticket (A4 printout or eTicket) including your guest card, if available.

On our website you will find contact details and the most important information, such as information on certain requirements, minimum number of participants, etc. Please contact the specified mountain experience partner directly to make use of the offer.

We will send your order details, our GTC and instructions on the right of withdrawal to the e-mail address you have provided immediately after conclusion of the contract.

If the mountain experiences are not provided by Montafon itself, the following applies:
The mountain experience partner carefully selected by Montafon is solely responsible for carrying out the mountain experiences. The contract for the use of the respective mountain experience is concluded directly between you as a participant in the mountain experience and the respective mountain experience partner. The fulfillment of the arranged mountain experience service as such is not a service obligation of Montafon. Montafon acts as a mere intermediary between you and the respective mountain experience partner. Montafon therefore has no influence on the conditions for the use and performance of the arranged mountain experiences. The legal relationship between you and the mountain experience partner is governed exclusively by the general terms and conditions of the respective mountain experience partner/organizer.

Mountain experiences entitle the holder of the ticket to use the corresponding mountain experience either at Montafon or at the named mountain experience partner under the applicable conditions.

Unless expressly agreed otherwise, travel to the mountain experience and/or any accommodation and catering services as well as mountain railway tickets are not included. The costs for these are to be borne by you.

As the booking of your mountain experience only becomes binding upon receipt of the booking confirmation, we recommend that you only make travel and accommodation bookings once you have received a booking confirmation. Please always take the booking confirmation with you to your mountain experience, even if the service is not provided by us but by one of our mountain experience partners.

If there are any postponements, please inform us or the mountain experience partner in good time. Up to 1 week (7 days) before the start of a mountain experience organized by Montafon, cancellation is free of charge. After that there is no refund.

Please note that the mountain experience partners may charge fees in the event of postponements or cancellations at short notice. We therefore recommend that you find out about this in advance from the mountain experience partner. If such fees are due, they must be paid directly to the mountain experience partner.

If you do not show up for a booked mountain experience and have not canceled in good time in accordance with the conditions, the mountain experience or the voucher or product voucher used for the mountain experience and the resulting entitlement to benefits expires without any claim for compensation.

If the price of the mountain experience to be purchased with a value voucher is less than the nominal amount of the value voucher used, the difference remains as a credit balance. You can use this credit to purchase further mountain experiences. A cash payment of the difference is not possible. The redemption period of the voucher used as a means of payment applies.

If the price of the mountain experience purchased is higher than the nominal amount of the voucher, the difference must be paid by you.

Value vouchers can be redeemed within three years and the mountain experience can be used until the end of this period (redemption period). The redemption period begins on the day following the purchase. The validity period can be extended free of charge at any time up to 30 years from the date of purchase. To do so, please contact Montafon at info@montafon.at. The voucher expires if you do not extend it within the redemption period.

We would like to point out that we will only redeem Montafon value and product vouchers if the booking confirmation sent at the time of redemption is presented. This is for your and our security and to prevent misuse.

The prices are listed on our website under the individual mountain experiences. Unless otherwise stated, all prices quoted by us are fixed prices and include statutory VAT.

Right of withdrawal
Unless an exception applies or the right of withdrawal has been forfeited (see below), you have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day

- from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must contact

Montafon Tourismus GmbH
Montafonerstr. 21, 6780 Schruns
Telephone: + 43 50 6686
E-mail: info@montafon.at

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached form, but this is not mandatory. You can also fill out and submit the sample withdrawal form or another clear declaration on our website. If you make use of this option, we will immediately send you a confirmation of receipt of your withdrawal (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged a fee for this repayment.

If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

End of the withdrawal policy

Sample withdrawal form
If you wish to withdraw from the contract, please complete this form and send it to:

To Montafon Tourismus GmbH
Montafonerstr. 21, 6780 Schruns
Phone: + 43 50 6686
Email: info@montafon.at

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.

Please note that the statutory provisions on contracts concluded outside business premises and distance contracts do not apply to the purchase of mountain experiences for which a specific date or a specific period is provided, as this is a service for leisure activities, which is excluded from the right of withdrawal in accordance with § 18 para. 1 no. 10 FAGG. You can therefore not revoke your declaration of intent to purchase a scheduled mountain experience.
An initially existing right of revocation lapses upon complete provision of the service if the service was commenced at the express request of the consumer before expiry of the withdrawal period. In addition, the consumer must confirm that he is aware of the loss of the right of withdrawal at the time of complete fulfillment.

Regulate the transferability of booked mountain experiences (and value vouchers/product vouchers)!

If you transfer a mountain experience, you are obliged to refer to the regulations and validity of these GTC.

If you transfer a mountain experience, you are responsible for ensuring that the person who makes use of the respective mountain experience fulfills the (minimum) requirements for this. Please understand that a refund of the purchase price is excluded in the event that the (minimum) requirements are not met.

In the event of loss, theft or risk of misuse of a value voucher or product voucher, you are obliged to notify Montafon immediately in order to arrange for the voucher to be blocked. Montafon accepts no liability for the unlawful redemption of a voucher or product voucher without prior notification of loss. In the event of loss, please contact Montafon Tourismus GmbH immediately at info@montafon.at or by telephone + 43 50 6686.
Please note that mountain experiences as well as value and product vouchers can only be redeemed if they have been purchased and paid for in our web store or in one of our tourist information offices.

We offer mountain experiences and events on our website. We always endeavor to describe the mountain experiences we present correctly and as accurately as possible. Please note, however, that the content of the experience descriptions and the procedures of an experience may change. We therefore endeavor to update the experience descriptions on our website on an ongoing basis.

Please also note that the mountain experience descriptions on our website and the photographs used for the experiences are examples and serve as a general description. Photos and videos of mountain experiences, individual situations, places, people, etc. are non-binding and may differ from the actual experience; the value of the mountain experience remains the same.

Details of the duration of the mountain experiences offered are non-binding, are for guidance only and are based - where available - on past experience.

According to the descriptions, the mountain experiences may take place in groups and/or together with other participants. We can therefore not rule out waiting times when taking advantage of the experiences.

For certain mountain experiences, participation requires a minimum level of personal suitability (e.g. height, age, state of health, weight, previous experience). Please note: Any (minimum) requirements for your experience can be found in the mountain experience description.

The mountain experiences take place in nature and are subject to weather conditions. If participation in a mountain experience is dependent on certain weather conditions, we will inform you of this in the mountain experience descriptions.

Sometimes it is necessary to ask the organizer about the weather conditions shortly before or on the day of participation. You can either find the contact details on our website or we will give them to you when you book.

If the mountain experience cannot be carried out due to the weather conditions, you can rebook the date for the mountain experience. Please note that Montafon will not be liable for any expenses or damages incurred by you in connection with the attempted or renewed use of the mountain experience (e.g. travel costs, accommodation, accompaniment, vacation, etc.) in the event of postponements for which we are not responsible.

We offer you different ways to pay for our mountain experiences. The online data transfer is encrypted (SSL).

We are happy for people with physical or mental disabilities to take part in the mountain experiences on offer. However, we would like to point out that it may be difficult or impossible for people with disabilities to take part in the mountain experiences. Therefore, please contact us or the organizer before booking a mountain experience or purchasing a product voucher in order to clarify the requirements and, if necessary, find an individual solution. Please use the contact details provided by the organizer.

Participation in the experiences depends on their availability. Information on general availability is provided in the respective mountain experience description. If a mountain experience is only available on certain dates, you will find the suggested dates in the description of the mountain experience (in the form of a calendar).

Deviations from the service description for individual mountain experiences after conclusion of the contract are only made if necessary and do not entitle you to withdraw from the contract, provided they are not significant and do not significantly affect the overall content or the effect of the booked mountain experience. We will make every effort to inform you of any changes to the mountain experience you have booked as soon as we become aware of them.
If there is a significant change to the essential content of a mountain experience you have booked, you are entitled to withdraw from the contract free of charge or to choose another equivalent mountain experience offered by Montafon Tourismus, provided we are able to offer such a replacement experience.

In the case of certain mountain experiences, for example, certain persons are named in the description or vehicles and technical equipment are listed. In the event that the named persons or facilities etc. are not available on the day of the mountain experience, we reserve the right to provide a suitable, equivalent replacement if possible or, if this is not possible, to cancel or postpone the mountain experience at short notice. In such cases, the booking or product voucher remains valid.

If we have to provide an equivalent replacement or cancel a mountain experience for the reasons mentioned, further claims for damages such as costs for travel, accommodation, etc. are excluded.

If you conclude the contract with us as a consumer within the meaning of the Consumer Protection Act. Consumer Protection Act, the statutory provisions shall apply to any warranty claims.

Insofar as this does not violate mandatory law, Montafon shall only be liable for compensation for damages caused by Montafon, its employees and/or vicarious agents in connection with this contract in the event that the damage was caused by gross negligence or intent. However, the associated limitations of liability shall not apply to compensation for personal injury.

Furthermore, Montafon shall only be liable for damage caused by negligence in the event of a breach of an obligation which is essential for the proper fulfillment of the contract and on the fulfillment of which you may regularly rely. In this case, Montafon's liability is limited to the foreseeable damage typical of the contract.

Insofar as Montafon's liability for damages that are not based on injury to life, limb or health is not excluded for slight negligence, such claims shall become time-barred within one year from the end of the year in which the claim arose and the injured party became aware of the circumstances giving rise to the claim and the person responsible for the damage or should have become aware of them without gross negligence.

Notwithstanding these limitations of liability, our liability for consequential damage, loss of profit and financial loss is excluded to the extent permitted by law.

Unless otherwise agreed in writing with Montafon, the commercial resale of mountain experiences, vouchers or product vouchers is prohibited.

In the event of non-compliance, we reserve the right to declare the resold goods (mountain experience, voucher) invalid and to prosecute the infringement.

Until a mountain experience has been booked by the voucher holder, we are entitled to withdraw from the contract for the purchase of a value or product voucher for good cause. An important reason is, in particular, the realization of the experience is not economically reasonable or a case of force majeure exists. If one of these cases occurs, we will inform you without undue delay.

If we withdraw from the contract for good cause, you will be refunded the purchase price paid immediately. At your discretion, you have the right to book an equivalent mountain experience from our offer.

Any further claims against Montafon, in particular claims for compensation (e.g. travel costs, accommodation), are excluded. This does not affect the provisions set out in the section on Montafon's liability.

The mountain experiences are not package tours within the meaning of the Package Travel Directive/Package Travel Act.

All declarations of a legally binding nature based on this contract must be made in writing (by e-mail) to the last (e-mail) address of the other contracting party provided in writing. If a declaration is sent to the last (e-mail) address provided in writing, it shall be deemed to have been received by the respective contractual partner.

We undertake to comply with the provisions of data protection and any other statutory confidentiality obligations. We process your personal data in accordance with the applicable data protection regulations for pre-contractual purposes and to fulfill the contract. You can find detailed data protection information (privacy policy) on our website at montafon.at/datenschutz.

If you book a mountain experience for another person or purchase a value or product voucher in the name of another natural person, you make a binding declaration that you are authorized to provide the personal data of this person. In these cases, we process the personal data of the beneficiary for the provision and delivery of our services.

We reserve the right to amend these GTC. Your consent is required for changes to essential provisions of these GTC after conclusion of the contract, in particular those concerning the type and scope of services. In the event of such changes, we will notify you by sending the amended terms and conditions to the e-mail address provided to us. The amendment entitles you to object to it within a period of 1 month. The objection must be sent by e-mail to info@montafon.at, stating the booking number or voucher number. If you do not object within the one-month period, the amended terms and conditions shall be deemed to have been agreed.

In all other respects, the current version of the GTCs available on our Montafon website shall apply.

Montafon is the sole holder of the rights of reproduction, distribution, processing and all copyrights (unless otherwise indicated) as well as the right of intangible transmission and reproduction of the database and the individual contents contained therein.

On our website we also refer to other, external sites on the Internet ("links"). However, we have no influence on the content and design of these sites. Montafon therefore does not adopt the content of the linked pages as its own.

If you find information on a website to which we refer via a link, the content of which gives cause for complaint, please inform us immediately at info@montafon.at. We will investigate the matter and, if necessary, take appropriate remedial action.

The satisfaction of our customers is our top priority. Our actions are therefore geared towards satisfying you as our customer. We always endeavor to find a customer-oriented solution together with you in the event of a complaint and therefore do not participate in the alternative dispute resolution procedure.

As we are legally obliged to do so, we inform you that consumers have the option of submitting complaints to the EU's online dispute resolution platform: http: //ec.europa.eu/odr.
Consumers can also contact the dispute resolution body of the Internet Ombudsman, which can be reached at ombudsmann.at.

To the extent permitted by law, the place of performance and payment shall be the registered office of Montafon Tourismus GmbH.

The contractual language is German.

The contracting parties agree to Austrian domestic jurisdiction. If this is not a consumer transaction, the competent court at the registered office of the company shall have exclusive jurisdiction to decide on all disputes arising from this contract.
This contract shall be governed by Austrian substantive law, excluding the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.

Status April 2019