TERMS & CONDITIONS

Definition
All persons who have lawfully acquired the Sommercard have the right to take advantage of the services offered by all-inclusive partner businesses at no additional charge.  The Sommercard allows all people who are staying at any of the Card’s participating lodging establishments during the Sommercard season,  and who are registered with an officially designated registration form, to take full advantage of the stipulated services offered by Sommercard partner businesses.  The services are specified and listed in the brochure “Card Brochure 2009”.  In addition, there are also discounted services (Bonus Services), which are also compiled in this same brochure.

Scope of Services/Liability Disclaimer
All Sommercard partner establishments listed in the brochure in question have obligated themselves to make available to holders of the Sommercard all of their advertised Sommercard services, both with regards to time and quantity, in accordance with and with respect to their own general conditions of carriage and business, this during their usual hours of business and to their full extent. Holders of the Sommercard understand and accept that the operating times of some partners, primarily due to weather- or season-related circumstances, are not always identical with the full time frame of the Card season.  With some business, there may be long waiting times due to capacity-related reasons.

The holders of a Sommercard declare their agreement with the listed opening times, any and all access restrictions, as well as with the maximum capacity as stated by participating establishments. Holders waive any and all damage claims when, whether for operational reasons, or due to no fault of the service provider, the services offered cannot be provided, either in part or in whole. Furthermore, the service providers are liable for gross negligence and premeditation, but not for slight negligence.  In addition, no liability exists for any accompanying clothing or other accompanying valuables.

Holders of the Sommercard furthermore understand and accept that the ARGE Schladming-Dachstein Card is entitled to end its agreement with the individual Card service providers if there is important cause to do so, even during the current season.  No claims of whatever kind may be asserted as a consequence of such action.

Conditions for Issue of the Sommercard:
The participating lodging establishment is obligated to draw the guest’s attention to the Sommercard, regardless of the length of his stay. A guest staying at a participating lodging establishment receives the Sommercard from his host for the length of his stay.  Precondition for issuance of the Sommercard is that the guest, in accordance with legal statutes, has registered with the establishment for the duration of the stay.  The Sommercard must be signed on the reverse side by the guest, at which point the Card becomes valid.

Non-Transferability/Loss
The Sommercard is non transferable. The Sommercard is only valid when accompanied by a photo ID.  The Sommercard may only be used by the person whose name and identification number are noted on the Card or stored on the chip. In the event that the Sommercard is not utilized, no reimbursement will be made.  Should the Card by lost, the holder will be charged € 3.00 for issue of a new one. A lost Card immediately becomes invalid.

Validity
The Card season for 2009 extends from May 29 until October 26.  The Sommercard is valid during this time period.

Important: The Card remains the property of its holder, it is not a disposable card.  The holder should retain the Card and bring it back on his next vacation, or (except in the event that there are technical innovations) re-credit and use the Card next season.  The integrated chip allows the Card to be reactivated in future.

Rates
The Sommercard cannot be purchased on the open market.  Only those who stay in one of our participating lodging establishments and who have officially registered as hotel guests in accordance with applicable Styrian law, have a right to this Card.

Children
Small Children: As per the rate schedule for the 2009 season, “Small Children” are those persons up to age 6 (as of summer 2009: born in 2004 or later).

Usage
To receive the benefits of the Card, the Card holder must present his Sommercard.  The service provider will check the Card with respect to validity and identity, either with authorization equipment, or merely by visually checking the Card details with regards to Card number and the name of the holder. The Card holder is obliged to present a valid photo ID if so requested.  Failure to do so may result in his being denied full services.

Damage
In the event of damage to or technical problems with the Sommercard, the Card or tourist business will exchange the Card at no cost.

Misuse
In the event of misuse or any suspicion of misuse, participating Sommercard partners are entitled and obliged to confiscate the Card  without compensation. In the event of misuse or well-founded suspicion of misuse of the Card,  a formal complaint will be lodged. The Card holder is liable for misuse of the Card by third parties.  Theft or loss of the Card obliges the holder to report the incident promptly to ARGE Schladming-Dachstein-Card or the Dachstein-Tauern Regional Association by calling +43 (0) 3687/23310. There exists no right to replacement of the Card.

Liability Disclaimer with respect to the ARGE Schladming-Dachstein-Card
Holders of the Sommercard accept and understand that the Dachstein-Tauern Regional Association and the ARGE Schladming-Dachstein-Card are solely responsible for the transaction between holders of the Sommercard and the service providers and the participating lodging establishments.

Holders of the Sommercard waive any conceivable claim with respect to warranty or damages against the Dachstein-Tauern Regional Association or the ARGE Schladming-Dachstein-Card, regardless of whether the service provider or participating lodging establishment is blamable for damages or not. Let it be clearly noted that – in so far as it may come to an incident of liability – neither the ARGE Schladming-Dachstein-Card nor the Dachstein-Tauern Regional Association is liable for such damages, the more so since neither the service providers nor the participating lodging establishments are adjuncts of the Dachstein-Tauern Association.

Similarly, holders of the Sommercard may assert no claim for damages against the ARGE Schlad¬ming-Dachstein-Card or the Dachstein-Tauern Regional Association in the event that any services listed in the brochure are not discharged by partner businesses.

Jurisdiction
For all disputes resulting from use of the Sommercard, as well as any claims with respect to damages or warrantee, let it be so stipulated that exclusive jurisdiction is held by the responsible Schladming courts and that solely Austrian laws will apply.