General terms and conditions

General terms of business for the sale of gift certificates

1. Terms of Purchase and Delivery
  • A contract is concluded with Schmittenhöhebahn AG (Company Registry no. 59683w).
  • Only persons aged 18 and older are permitted to order gift certificates.
  • The gift certificates remain the possession of Schmittenhöhebahn AG until complete payment has been remitted. They also become valid for use only after payment has been remitted. The seller retains the right to block, i.e. cancel the validity of gift certificates through means of automated processing.
  • Gift certificate ‘packages’ include 10% sales tax (VAT). ‘Money-value’ certificates, due to the non-allocation of services connected with them, have no sales tax (VAT).
  • Ordered and purchased gift certificates are contracts for services. They cannot be redeemed in the form of a cash payout.
  • The gift certificates can be redeemed only at the locations specified on the certificates themselves.
  • Both ‘money-value certificates’ and/or ‘gift certificate packages’ can be purchased. Gift certificate packages are certificates for pre-selected events or services. Both the specific service and its extent are defined on the gift certificate. If the purchaser wishes to include additional services and/or extra added activities, these must be specifically designated on the gift certificate.
  • In case the consumption of services is less than specified on a ‘money-value’ certificate, the owner receives a new certificate for the remaining value.
  • In case consumption of services for a gift certificate ‘package’ is less than specified on the certificate, the owner has no right to receive the difference as a payment, since this is a lump-sum package.
  • No liability is assumed for delayed postal delivery.

2. Validity
All gift certificates are valid for one year and must be redeemed within this period of time.
If there are price adjustments in the applicable services effected during this period, the difference to the newly valid price must be paid.

3. How to order, costs of order
The two alternatives to have gift certificates delivered:
  • Method 1: "Download and instantaneous e-mail delivery": In order to keep the cost of your order as low as possible, you can remit payment for your gift certificate via online transfer or credit card (Visa, Mastercard, American Express, Diners Club). The gift certificates can then be immediately printed and are also sent to your mailbox via e-mail. (method: “Download and instantaneous e-mail delivery”) This method has no delivery fee.
  • Method 2: "Delivery by Post": You can also have your gift certificate sent via postal delivery. As payment methods, you can make an online transfer or charge it to your credit card (Visa, Mastercard) or remit payment in advance via bank transfer. For this method, a delivery fee of €3.00 (in Austria) and €5.00 (abroad) is charged. Please note that dispatch is carried out by postal delivery and that delays are possible. The gift certificates are sent as soon as full payment has been booked into our account.
4. Payment security & Data protection
Your personal security is accorded top priority. For that reason, data such as credit card number, bank routing number, bank account number, name and address are transferred online via a secure SSL channel. This protects the data from access by unauthorised persons in the Internet. In order to assure your security in the Gift Certificate Shop, we utilise a series of additional online security measures which adhere to the latest standards of non-cash payment safety.
The information you give us is processed automatically. You will be sent no advertising materials unless you grant us express permission to do so. You have the possibility to revoke such permission via the e-mail address schimitten@schmitten.at anytime. No personal data supplied by you will be passed on to a third party.

5. Cancellation/Restitution
Restitution of a gift certificate is possible if returned within 14 days of receipt via registered mail to Schmittenhöhebahn AG. As long as the certificate is returned before the deadline, there is no need to give any reason for doing so. The right of restitution is only possible if no partial redemption has yet occurred, i.e. no services have been rendered. Following receipt of the gift certificate by Schmittenhöhebahn AG, the amount of payment remitted to Schmittenhöhebahn AG will be sent to the bank account supplied (required: IBAN and BIC numbers). The above-described right of restitution is only possible in accordance with the terms defined by the Austrian Consumer Protection Laws, i.e. by “consumers” under the definition of those laws.

6. Other conditions
The customer is obligated to submit the relevant data requested to conclude the contract completely and correctly.
In case of incorrect, incomplete or unclear data submitted by the customer, the customer assumes the liability towards Schmittenhöhebahn AG  for all costs and damages which are thereby incurred.
In case any part of these General Terms of Business should become invalid or null-and-void as defined by Article 879 of the ABGB laws or by the Consumer Protection Law (BGBI. no. 140/1979, recently altered to BGBI. no. 100/2011 in the currently valid version), the validity of the other conditions remains unaffected.

7. Legal Venue, Court of Jurisdiction: Salzburg, Austria

8. Bulletin Notification of General Terms of Business
The customer’s attention is expressly drawn to the fact that our General Terms of Business are available on public view for purposes of examination on bulletin boards in the sales and business quarters during opening hours. In addition, our General Terms of Business can also be read anytime in the www.schmitten.at website.