General Terms & Conditions of the Schladming-Dachstein Sommercard, photo evaluations and photo uploads.

For issuance and use of the Sommercard, the following conditions are expressly stipulated.

Definition
All persons who are rightful holders of the Sommercard have the right to avail themselves of the proffered services of participating Sommercard partner businesses at no additional expense. The Sommercard makes it possible for all persons who are residing during the Sommercard season at a participating accommodation provider, and who are registered by means of an official hotel registration form, to take advantage of specified services provided by participating Sommercard businesses.

Said services are clearly indicated and listed in the brochure “Card Brochure 2013”. Furthermore, there are also discounted services (“Bonus Services”), which are also compiled in the same brochure.

Scope of Service/Liability Disclaimer
All participating Sommercard businesses have obligated themselves  to make available  their designated Sommercard services to Sommercard holders during regular hours of business and quantitatively to their full extent, consistent with, and in consideration of their general terms of business and conditions of carriage, both with respect to time and quantity.

Holders of the Sommercard are aware that the hours of operation of some partners, above all resulting from weather or seasonal circumstances, may not correspond precisely with the dates of the Card season. With respect to many businesses, capacity issues may also lead to lengthy waiting periods.

Sommercard holders express their acceptance of listed opening times, any and all restrictions in access, as well as riders with respect to capacity. Sommercard holders forego all claims for damages if proffered services cannot be provided, or can only be provided in part, due to operational matters or through no fault of their own. In addition, service providers are only liable for gross negligence and premeditation, not however for slight negligence. Furthermore, no liability exists with respect to any and all clothing or other valuables brought by the guest. Sommercard holders also accept that ARGE Schladming-Dachstein Card is entitled to terminate its agreement with individual Card service providers for important reasons, even during the season.  Any resultant claims of whatever nature have no legal standing.

Requirements for Issuance of the Sommercard:
The participating accommodation provider is obligated to make the guest aware of the Sommercard, regardless of the length of stay. Guests staying at a participating Sommercard establishment will be issued a Sommercard by their accommodation provider, valid for the duration of their stay.  The requirement for issuance of the Sommercard is that the guest, upon arrival, registered for the duration of their stay in accordance with legal statutes. The Sommercard must be signed on the back by the guest for it to become valid.

Non-Transferability/Loss
The Sommercard is non-transferable. The Sommercard is only valid in combination with a valid photo I.D. The Sommercard may only be used by the person whose name and identification number are entered on the Card or stored on the computer chip. Should the holder not avail himself of the Sommercard services, there exists no right to compensation or replacement. In the event of Card loss, a new Card will be issued for a charge of € 3.00. The lost Card immediately loses its validity.

Validity
The 2013 Card season extends from 25 May until 13 October. The Sommercard is valid during this time period from the date of issue (arrival day) until and including the date of departure (departure day). Important: The Card remains in the possession of the holder and should not be thrown away. The holder should keep the Card safe and bring it along for the next vacation, or have it revalidated and reuse it (except in the event of technological innovations) in the next season. The Card can be reactivated by means of the integrated chip.

Prices
The Sommercard is not available for open sale. Only those guests staying at a participating lodging establishment, and who have registered in accordance with Styrian hotel registration regulations, have a right to the Card.

Small Children
With respect to small children: According to the 2012 pricing scales, small children are considered those born between 2008 and 2013.

Use
In order to take advantage of Card-related benefits, the Card holder must present the Sommercard. The service provider then checks Card validity and the holder’s identity either by means of acceptance equipment or by visually examining the Card and writing down the Card number and the name of the holder. The Card holder is required to present a valid photo I.D. upon demand, otherwise free use of services may be denied.

Damage
Should the Sommercard be damaged or evince technical shortcomings, the accommodation provider or the tourist office will exchange the Card free of charge.

Misuse
In the event of Card misuse or the suspicion of Card misuse, Sommercard service providers are entitled and obligated to confiscate the Card without compensation. In the event of misuse or well-founded suspicion of misuse, charges will be filed. The Card holder is liable for misuse of the Card by third-parties. Theft or loss of the Card obligates the holder to report the incident promptly to the Schladming-Dachstein Regional Association, Tel.  +43 (0) 3687/23310. There exists no right to replacement of the Card.

Liability Disclaimer for the ARGE Schladming-Dachstein-Card
Holders of the Sommercard accept and understand that the Schladming-Dachstein 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 Schladming-Dachstein Regional Association or the ARGE Schladming-Dachstein-Card, regardless of whether the service provider or participating lodging establishment is culpable 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 Schladming-Dachstein Regional Association is liable for such damages, the more so since neither the service providers nor the participating lodging establishments are adjuncts of the Schladming-Dachstein Region. Similarly, holders of the Sommercard may assert no claim for damages against the ARGE Schladming-Dachstein-Card or the Schladming-Dachstein 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.

Participation in the Photo Competition of the Schladming-Dachstein Sommercard:

Conditions of Participation

• When you register at sommercard.info, you will receive a free account. Your registration will be confirmed by email, which will contain your personal password and username.
• By participating in the “Foto Community” Sommercard photo contest, you affirm that you are the sole creator and owner of all rights of the photo files you submit, and that you are not infringing upon third-party rights pertaining to those persons or objects depicted on the photos.
• You may not save, publish and/or transmit photos or other content, which, according to legal precedent or according to the estimation of  ARGE Schladming Dachstein Card or Schladming-Dachstein Tourismusmarketing GmbH, is either illegal, injurious, threatening,   abusive, harassing, defamatory, vulgar, obscene, hateful, racist, or which is objectionable in any other way, or which could cause harm to minors, especially if it is pornographic, glorifies violence or represents some other endangerment to young persons.
• Should third-parties nevertheless direct allegations of infringement of their rights with respect to photos or photo files towards ARGE Schladming Dachstein Card or Schladming-Dachstein Tourismusmarketing GmbH, you obligate yourself  to indemnify ARGE Schladming Dachstein Card and/or Schladming-Dachstein Tourismusmarketing GmbH from any and all third-party claims, at the latest subsequent to a first written request, as well as to compensate ARGE Schladming Dachstein Card and/or Schladming-Dachstein Tourismusmarketing GmbH for any potential damages as may be incurred.
• The participant guarantees that the photo was taken in the Schladming-Dachstein Region, or within the context of a Sommercard service. Furthermore, the photo must originate from the 2013 Sommercard season, since this photo contest is searching for the best Sommercard photo taken during the 2013 Sommercard season.
• All photos remain the property of the participant. By participating in the photo contest, the participant gives the ARGE Schladming Dachstein Card and Schladming-Dachstein Tourismusmarketing GmbH the right to use uploaded photos for advertising purposes, or for other purposes in the context of Schladming-Dachstein, without restriction and free of charge, and to do so until  rescinded in writing and for an indeterminate time. Furthermore, the participant gives ARGE Schladming Dachstein Card and Schladming-Dachstein Tourismusmarketing GmbH the right to superimpose a graphic Schladming-Dachstein stamp on uploaded photos for photo promotion.
• Schladming-Dachstein Tourismusmarketing GmbH reserves the right to delete photos from the platform at any time.
• By participation in the photo contest “Sommercard Foto Community”, you expressly declare your willingness to receive emails pertaining to the contest from ARGE Schladming Dachstein Card. This information will not be shared with third-parties.
• Within the framework of the photo contest “Sommercard Foto Community”, winners will be notified by email.
• ARGE Schladming Dachstein Card and Schladming-Dachstein Tourismusmarketing GmbH reserve the right to amend conditions of participation at any time and without declaration of underlying reasons.
• Anyone can participate in the contest. Minors can only receive prizes with the permission of their parents/guardians.
• Within the framework of this photo contest, you can only enter one photo per category. Registration by one and the same person under multiple accounts is prohibited.
• ARGE Schladming-Dachstein Card reserves the right, with respect to photos which do not fit the category for which they have been submitted, to delete such photos from the platform at any time.
• The winner is determined by voting of a neutral jury – the users of and visitors to www.sommercard.info. 5 stars indicates the best score. The ARGE Schladming Dachstein Card and Schladming-Dachstein Tourismusmarketing GmbH make their platform available solely for the photo contest. The winner of the supplemental prize will be determined by drawing. By entering the contest, participants indicate their acceptance of this means of determining the winner.
• Every visitor to www.sommercard.info has the opportunity to submit one vote per photo entry. Repeated votes or repeated votes by bots, scripts or similar means, are not permitted.
• In the event of suspicion of misuse, manipulation or any other impermissible or illegal use of the photo contest, those participants in question will be excluded from the contest immediately and without notification. The ARGE Schladming Dachstein Card and/or Schladming-Dachstein Tourismusmarketing reserve the right to seek legal remedies in the event of manipulation, misuse or similar.
• Prizes are non-transferrable.
• No cash value, no alternate prizes, prizes cannot be applied as discounts on other objects.
• No liability for unforeseen circumstances caused by third-parties, such as delivery of prizes etc.
• Personal information is treated in confidence. By their participation, the winners accept and understand that their name and place of residence may be published.
• Separability Clause: Should individual terms of these Terms & Conditions be declared invalid, either as a whole or in part, this in no way affects the validity of the remaining Terms & Conditions.
• All decisions are final.