General Standard Terms and Conditions (GTC)

The German General Standard Terms and Conditions and the Privacy Policy shall be governed by and construed in accordance with German law. Place of performance is Marburg, Germany. The courts of Marburg shall have exclusive jurisdiction.

I. General, Validity

The following General Standard Terms and Conditions (GTC) regulate the booking and evaluation possibilities of ski tickets, ski resorts and other touristic services offered by the Advanced Media Corporation under the project name “skipass24”. These Terms and Conditions are applicable for the naming of the websites and the applications (Apps). The following conditions regulate the contractual relationship between the users/the service recipients and skipass24 concerning the procurement of ski tickets or other touristic services. Skipass24 isn’t the provider or organizer of the offered ski tickets or other touristic services. These offers are provided by the organizers who are also the issuers of the ski tickets or vouchers. By purchasing a voucher or other touristic services, a contract relating to the delivery of the service only comes into being between the individual ski ticket/voucher user and the respective provider/organizer. The contractual relationship may be subject to additional Terms and Conditions of the provider/organizer. Skipass24 sells the ski tickets/other touristic services in the name and on behalf of the organizer, as an agent, commercial agent or general commission agent, unless skipass24 identifies itself explicitly as the provider/organizer. These General Terms and Conditions shall also apply to the brokerage agreement, even if the usage or the access to the websites or Apps of skipass24 occurs outside of the Federal Republic of Germany, irrespective of the user’s nationality.

These Terms and Conditions exclusively apply to all contracts concluded and orders placed to skipass24 concerning the procurement and delivery of ski tickets or other touristic services.
In addition to the General Standard Terms and Conditions of skipass24, the General Conditions and Conditions of travel of each tour operator shall apply to all contracts of travel offers.
These Terms and Conditions apply only to the agency business of skipass24 and have no influence on the conditions of the booked travel services.
If the arranged services are supplied by a foreign provider/tour operator, the contract for these services may also be subject to foreign law.

II. Login/Registration

To take full advantage of the benefits of skipass24, a registration is required. This registration includes personal data which are delivered, in case of booking and if necessary, to the company who provides the service. The registration is only permitted to authorized persons within the meaning of the German Civil Code. Companies or legal persons, who want to sign up, have to guarantee that the registered person is an authorized representative acting in the name of the company or legal person. The registration has to contain the correct, personal data.
The user has the possibility to choose a nickname which he can use to communicate within the skipass24-network. If the user chooses such a nickname, only this nickname will be visible on the websites of skipass24. If the user doesn’t use a nickname, a shortened and anonymous form of his surname will be visible within the skipass24-network. Skipass24 reserves the right to delete profiles which are based on false information. There exists no right to registration or use of the web services or Apps of skipass24.
The registered person is obliged to update his data because in case of false indications, the user has no claim to performance of the service by skipass24 and there will not be any liability by skipass24.The multiple registration of natural or legal persons isn’t allowed.
A user account registered on skipass24 is not transferable. Only legal persons can transfer their user account through proof of other authorized persons.

III. Conclusion of contract, revocation, cancellation

The offer for the conclusion of a contract comes from the user/customer, when he clicks on the field named “order now”. Only with allocation and sending of the service/booking number to the user/customer by skipass24 and the full payment, a contract shall come into existence between the user/customer and the contract partner (provider/organizer).
The provider/organizer performs on his behalf and on his own account. As a result of a ski ticket booking, the customer enters into a carriage agreement with the provider/organizer in accordance with the special conditions contained in the General Conditions of Carriage. If the user books other touristic services, he enters into a contract with the service provider in accordance with the General Terms and Conditions of the service provider.
No guarantee is made by skipass24 as regards the data given by the web presence or by the Apps.
Skipass24 reserves the right to cancel an order of the user/customer which has already a service/booking number (unilateral right to withdraw), if the customer violates or avoids specific conditions provided and already advised by skipass24 or by the organizers (e. g. violation of a limitation of the quantity of offered ski tickets per customer, violation of the terms of the certificates, violation of the prohibition on resale, attempts to circumvent the registration rules by registering several times etc.). The declaration of the cancellation of an order may be implied by the crediting of the amounts already paid.
The aforementioned right to withdraw applies to Section 346 ff. BGB (German Civil Code) excluding Section 350 BGB (German Civil Code).

IV. Price components & terms of payment

The applicable prices shall be determined at the time of order placement, as shown in the website and Apps by skipass24. The published services are non-binding and they are no binding offers.
The prices specified on the invoice are end customer prices including value-added tax (VAT). There is no possibility to deduct any early payment discount. In case of payment default, the client acting as customer has to pay additionally claim interest at 5% above the base interest rate as per Section 247 BGB (German Civil Code). If the client acts as business owner, he has to pay additionally claim interest at 8% above the base interest rate. In case of payment default, skipass24 estimates reminder dues in the amount of 5 Euros, whereby the purchaser reserves the right to demonstrate that costs have been incurred either not at all or not in this amount. The right to offset or the right of retention doesn’t exist, unless the demand is indisputable or ascertained legally judicially.
The prices of the ski tickets might well differ from the prices printed on the shown ski tickets or from the issued tickets. Depending on the place of payment and on the ordering modalities, the payment is possible via credit card (Visa, American Express or Master Card/EuroCard) and/or via PayPal and/ or via direct bank transfer. The price includes the applicable rate of value added tax. The total price of the order including any other applicable fees is immediately due upon conclusion of the contract.
When ordering, service and delivery fees can be raised. The amount of the fees might differ from event to event. These fees are shown to the user in the cart during the order. In addition, there won’t be further fees which haven’t been mentioned before. If requested, a gift wrap can be additionally billed to the customer.

V. Right of withdrawal & right of return/refund

Insofar as skipass24 offers services in the area of leisure events on behalf of a provider/organizer, in particular ski tickets, there is no distance selling contract within the meaning of Section 312b BGB (German Civil Code). That means, that a right of withdrawal and with it a right of return doesn’t exist. Each ordering of tickets shall become binding directly after confirmation by skipass24 in the name of the organizer (corresponding to paragraph III. 1.), and will oblige the customer to accept and pay the ordered tickets. However, the customer can obtain a refund in accordance with the General Standard Terms and Conditions of the provider/carrier.

Right of withdrawal

You may revoke your contractual declaration within one month without indicating any reason in text form (e.g. letter, fax, e-mail) - or if the good have been sent to you before the end of the deadline - by returning the good. The deadline shall commence after the following receipt of notification in text form, but not prior to conclusion of the agreement or prior to the receipt of the good by the customer (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery) and not before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the German Civil Code (EGBGB). The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the cancellation policy.The cancellation is to be addressed to: Advanced Media AG
- skipass24 -
Lahncenter, Biegenstr. 21
35037 Marburg/Lahn
Germany

Consequences of cancellation

In case of a valid cancellation, the payments or goods received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered. If you are unable to reimburse us either in total or partially for services received, you are required to offer compensation. This may involve your continued performance of your contractual payment obligations for the time leading up to the cancellation. Has the good been damaged through conventional usage, you do not have to pay compensation. You have to provide indemnification for utilization that exceeds the test of the characteristics and functional reliability of the good. “Test of the characteristics and functional reliability of the good” means testing and trying it in the same manner as it would be allowed to do in a shop. Objects which can be dispatched as packages are to be returned at risk. You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than 40 Euros or if in case of a higher price you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment. Otherwise the sending back will be free of charge. You must satisfy obligations for reimbursement of payments within 30 days after the sending of your cancellation notification. Your time limit begins with the sending of your cancellation; ours begins with its receipt.

End of the cancellation policy

VI. Liability of skipass24

Skipass24 is responsible in each case unrestrictedly after the product liability law, for deliberate or roughly negligently caused damage, when bad cunning concealing of lack, as well as for damage from the injury of the life, the body or the health. The liability for damage resulting from the breach of a warranty is unlimited.
In case of violation of important contractual duties, so-called cardinal obligations, which is based only on simple negligence, the liability of skipass24 is limited to the restitution of the foreseeable damage.
In other cases than those referred to in paragraphs 1 and 2, skipass24 does not accept liability for damages caused by simple negligence.
Insofar as the liability of skipass24 is excluded or limited in accordance with the preceding paragraphs, this also applies to the liability of our agents and assistants.
The right of the customer to dissolve the contract due to contractual infringement, which is not the fault of skipass24 or of our providers/organizers and doesn’t consist of a defect in the goods, shall be excluded.
Further liability restrictions or exclusions and limitations of liability in this GTC or applicable legal regulations are reserved.
The liability for computer viruses and other damages caused by computer programs is excluded.

VII. Privacy policy

Please note our Privacy policy.

VIII. Final provisions

Skipass24 reserves the right to change/supplement or renew these conditions with effect for the future. The user has no guarantee that future bookings will be completed under the existing conditions.
Any contract shall be governed solely by the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The provisions for distance sales agreements don’t apply neither to ski tickets/event tickets nor to travel services/travel arrangements (§312 b, Section 3, No. 6 BGB (German Civil Code)).
If any part of this document is contrary to current law or does not accord or no longer accords with it in full, this shall not affect the validity of the rest of the document and the invalid section shall be replaced by the equivalent legal provision in force at the time, if such provision exists, or by a provision that accords with the will of both parties.
If both contracting parties are merchants as defined in German law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Marburg/Lahn. In case of cross-border contracts, it is agreed upon that the sole legal venue for any dispute arising from this contractual relationship is Marburg/Lahn, Federal Republic of Germany. Skipass24 reserves the right to appeal to any other court to which jurisdiction is granted by the EuG-VVO of 22.12.2000.

Advanced Media AG
- skipass24 -
Lahncenter, Biegenstr. 21
35037 Marburg/Lahn
Germany