General terms and conditions for international / long distance purchases
1. Scope of Application
This website is intended exclusively for consumers within the meaning of Section 1 (1) no. 2 of the Austrian Consumer Protection Act (KSchG) who have reached the age of 18 and have full legal capacity. A consumer is a natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or self-employed professional activities. The services bookable via this website are therefore offered exclusively for private and non-commercial purposes.
These General Terms and Conditions (GTC) apply to bookings of accommodation and package travel concluded by means of distance contracts within the meaning of the Austrian Distance and Off-Premises Contracts Act (FAGG). The provisions of the Austrian Package Travel Act (PRG) additionally apply to package travel. By completing the booking process, the guest agrees to be bound by these GTC.
This website provides accommodation establishments and landlords (hereinafter collectively referred to as “Service Providers”) offering accommodation and, in the case of accommodation establishments, also package travel consisting of accommodation and a ski pass, with the opportunity to offer accommodation/package travel for booking via this website. At the same time, guests are given the opportunity to book the accommodation/package travel offered via this website. Upon the guest making a booking, a direct legal relationship is established between the guest and the Service Provider.
As the operator of this website, Ski amadé acts as a (travel) intermediary. Upon the guest making a booking, a direct legal relationship is established between the guest and the respective Service Provider (e.g. accommodation establishment, mountain railway company). This also applies to bundled offers (packages), where contracts for the individual travel services are concluded directly between the guest and the respective Service Providers.
An intermediary agreement is concluded between Ski amadé and the guest at no charge to the guest. If the guest makes a booking on behalf of third parties (fellow travellers), the guest thereby confirms that they have been authorised by these third parties to agree to the General Terms and Conditions on their behalf and to conclude the respective transaction for them.
The respective General Terms and Conditions of the Service Provider apply to the contractual relationship between the Service Provider and the guest.
The information concerning accommodation/package travel bookable via this website is based exclusively on information provided to Ski amadé by the respective Service Providers. The Service Providers are solely responsible for ensuring that all information concerning the essential characteristics of the services offered is complete, correct and up to date.
The ski pass included in package travel as an additional tourist service is not a product of Ski amadé itself, but a service product of the respective mountain railway companies. After completing the booking, the guest receives a voucher which can be exchanged for the respective ski pass booked at the ticket offices of the relevant mountain railway companies.
2. Operator
The operator of this website is:
Ski amadé GmbH
Limited liability company
Prehauserplatz 3
5550 Radstadt
Austria
Tel.: +43 6452 202 02-0
Fax: +43 6552 202 02-4
Email: info@skiamade.com
Internet: https://www.skiamade.com
VAT ID No.: ATU 72340889
Supervisory authority: District Authority of St. Johann/Pongau
Chamber affiliation: Salzburg Chamber of Commerce
3. Conclusion of Contract
A contract between the guest and the respective Service Provider is concluded upon completion of the booking process. The guest receives a booking confirmation by email, which once again sets out the essential characteristics of the accommodation booked or, in the case of package travel, contains the information pursuant to Section 6 (2) PRG.
Upon completion of the booking process, the guest therefore enters into a direct legal relationship with the respective Service Provider, and any disruptions in the performance of the concluded contract must be dealt with directly between the Service Provider and the guest.
4. Prices & Payment Terms
All prices displayed on this website apply per accommodation/package travel and for the entire duration of the stay and are shown inclusive of taxes and all additional fees, charges and other costs. Where such costs cannot be determined prior to the conclusion of the contract, the nature of any additional costs that the guest may be required to bear will be indicated. The payment terms are communicated during the booking process prior to completion of the booking. These may vary depending on the accommodation booked or the package travel concluded.
5. Right of Withdrawal/Cancellation/Cancellation Terms
For services related to leisure activities:
In the case of an accommodation contract and services provided in connection with leisure activities (e.g. ski passes, rental of sports equipment), there is no statutory right of withdrawal pursuant to Section 4 (1) no. 11 in conjunction with Section 18 (1) no. 10 FAGG.
For accommodation contracts and package travel contracts:
The cancellation terms of the respective Service Provider apply to the concluded accommodation contract/package travel contract. The Service Provider is obliged to clearly and comprehensibly disclose its specific cancellation terms during the booking process. If the Service Provider does not apply or disclose its own cancellation terms for the concluded accommodation contract, the General Terms and Conditions for the Hotel Industry (AGBH 2006), version dated 15 November 2006, shall become part of the contract. These can be viewed at:
For the concluded package travel contract, the statutory provision pursuant to Section 10 (1) PRG shall additionally apply.
For packages bookable online (4=3 Package and Classic Week Package)
Notwithstanding the cancellation terms of the individual Service Providers, exclusively the Ski amadé cancellation terms (in accordance with the General Terms and Conditions for the Hotel Industry – AGBH 2006) shall apply. The cancellation terms of the respective Service Providers are expressly excluded.
- Up to 3 months before arrival: no cancellation fee
- 3 months to 1 month before arrival: 40% of the total price
- 1 month to 1 week before arrival: 70% of the total price
- Within the final week before arrival: 90% of the total price
6. Warranty and Liability
6.1. Role as Intermediary
Insofar as Ski amadé acts as an intermediary (in particular for bookings of accommodation), Ski amadé shall not be liable for the proper performance of the intermediated service itself.
Warranty claims arising from the intermediated contract (e.g. due to defects in the accommodation) must be asserted directly against the respective Service Provider. Ski amadé's liability is limited to the careful selection of the Service Provider and the proper forwarding of information and declarations of intent.
6.2. Notification of Lack of Conformity
The guest is requested to notify any lack of conformity identified during the use of the service without undue delay, taking into account the circumstances of the individual case, in order to give the Service Provider or Ski amadé the opportunity to remedy the situation. In the case of package travel, the traveller is obliged to provide notification without undue delay pursuant to Section 11 (2) PRG. Failure to provide such notification may affect warranty and compensation claims.
6.3. General Limitation of Liability
Ski amadé's liability for damage to property resulting from slight negligence is excluded. This limitation of liability does not apply to personal injury or to damage resulting from a breach of material contractual obligations.
If performance of the contract is impossible or restricted due to extraordinary and unavoidable circumstances (in particular natural disasters, measures imposed by public authorities, pandemics, war, strikes or comparable events), the respective statutory provisions shall apply, in particular those of the PRG and the Austrian General Civil Code (ABGB), as well as the terms and conditions of the respective Service Provider.
7. Set-Off
The guest may only set off due monetary claims against Ski amadé if Ski amadé is insolvent, if the guest's claims are legally connected with Ski amadé's claim, or if they have been established by a final court judgment or acknowledged by Ski amadé.
8. Obvious Input and Transmission Errors
In the event of obvious errors on the website (e.g. typographical or calculation errors), Ski amadé or the respective Service Provider reserves the right to challenge the contract on the grounds of error. The guest's statutory rights to challenge the contract remain unaffected.
9. Technical Availability
Ski amadé endeavours to ensure that the website is available with as little interruption as possible. Temporary restrictions due to technical maintenance, force majeure or circumstances beyond Ski amadé's control shall not give rise to liability, provided that Ski amadé is not at fault.
10. Communication
Declarations relating to the booking may be transmitted electronically. The guest agrees to electronic communication in connection with the performance of the contract.
11. Complaints
Complaints concerning the booked accommodation or package travel must be asserted against the respective Service Provider without undue delay. In the case of package travel, the statutory rights under the PRG remain unaffected.
12. Loss/Misuse of the Ski Pass
The guest is obliged to keep the ski pass safe. A replacement in the event of loss or misuse may only be provided insofar as this is possible under the terms and conditions of the respective Service Provider.
13. Data Protection Notice
Ski amadé strives to provide visitors (guests) to this website with excellent service. This also includes the protection of the personal data of our contractual partners. Where the guest provides Ski amadé with personal data, Ski amadé uses such data only for responding to enquiries, processing contracts and technical administration.
Personal data will only be disclosed or transferred by Ski amadé to third parties where this is necessary for the purpose of processing the contract or for billing purposes, or where the guest has given prior consent. Ski amadé undertakes to process the guest's data in accordance with the provisions of the GDPR. Further information on the collection and processing of personal data can be found in our Privacy Policy.
14. Applicable Law
Austrian law shall apply. However, this choice of law shall not result in the guest being deprived of the protection afforded to them by provisions from which, under the law that would be applicable in the absence of a choice of law pursuant to Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), no derogation may be made by agreement.