Terms & Conditions
General Terms and Conditions
§ 1 General Terms and Conditions of Bayerische Zugspitzbahn Bergbahn AG for orders in the online shop on the website www.zugspitze.de
The contractual partner of the customer is
Bayerische Zugspitzbahn Bergbahn AG represented by the Management Board
Olympiastrasse 31 - 82467 Garmisch-Partenkirchen - Germany
Phone: +49 (0)88 217 970 - Fax: +49 (0)88 2179 79009
(“BZB”, “Zugspitz Shop” or “we”)
You (the “Customer”) can purchase online tickets (to print at home or collect in person, top up a KeyCard) and vouchers (to print at home or receive by post) and book events in our Zugspitz Shop.
§ 2 Applicability and terms
(1) The version of the following General Terms and Conditions that was valid at the time the order was placed applies on an exclusive basis to the business relationship between our Zugspitz Shop and the Customer. Any deviating terms and conditions of the buyer shall not be recognised unless the provider expressly agrees to their validity in writing.
(2) A consumer (Section 13 of the German Civil Code (BGB)) is any natural person concluding a transaction for purposes which cannot be connected to their commercial or independent professional activity. An entrepreneur (Section 14 BGB) is any natural person, corporate body or incorporated partnership acting in its independent professional or commercial interests by concluding a transaction. These GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(3) All agreements made between you and us in connection with the purchase contract are based, in particular, on these terms and conditions of sale, our written order confirmation and our declaration of acceptance.
(4) These GTC have been written in German and can be viewed by the Customer in his or her computer memory. The Customer can also print the GTC. The Customer can also request a digital or hard copy of these GTC by calling +49 (0)88 217 970 or sending an e-mail to firstname.lastname@example.org.
(5) In our Zugspitz Shop, you can purchase online tickets and vouchers and book events and pay for all of the individual services of the online shop at once with the shopping basket. Please note that consumers only have a right to cancel purchases of vouchers and no right to cancel can be granted with regard to online tickets or event bookings. See section 5 of these GTC for further details.
(6) IMPORTANT: For the 2021/2022 winter season, to ensure COVID-19 pandemic security measures, special restrictions on transportation and exclusions for refunds apply. The details are regulated in § 10 para. 3 of these GTCs.
§ 3 Product selection – ordering
(1) The presentation and advertising of items in our online shop do not represent a binding offer to conclude a purchase contract.
(2) On the website www.zugspitze.de, the Customer can select each category and click on his or her chosen products in the sections “Online Ticketing” | “Events” | “Vouchers”. The products are added to a virtual basket. The area above the order button provides the Customer with information about:
- the key characteristics of the goods;
- the total price of the goods, including all related price components and all taxes charged by the Zugspitz Shop or, if an exact price cannot be shown, the basis of its calculation to enable the consumer to verify the price;
- any additional delivery and shipping costs (see also section 6 “Prices and delivery costs”) as well as an indication of other potential taxes or costs which cannot be deducted or invoiced by the entrepreneur.
(3) If tickets are ordered for children, young people or families, the tickets must be personalised with a date of birth.
(5) By clicking on “Place order”, the Customer is submitting a binding offer to purchase the goods in the basket. In doing so, the Customer also expressly confirms that he or she is undertaking to make a payment.
(6) The Zugspitz Shop shall then send the Customer an automated e-mail confirmation showing the Customer’s order and these General Terms and Conditions which the customer can print out by clicking on “Print”.
(7) A confirmation of receipt of the order generated by Zugspitz Shop on the basis of the order placed by the Customer does not represent acceptance of the offer to enter into a contract, i.e. it does not represent the conclusion of a contract in a legal sense. The offer of the Customer shall only be accepted (and a contract concluded) when express confirmation is given in text form; the purchased product is normally e-mailed to the Customer at the same time, i.e. the “goods” are sent and the contract is performed by the Zugspitz Shop.
§ 4 The individual offers and purchase options in the Zugspitz Shop
(1) Three types of online ticket: “Print-at-home ticket” - “Ticket to collect in person” - top up an existing KeyCard)
- Print-at-home ticket: purchased online, this ticket is printed at home. The barcode on the ticket lets the Customer through the barrier.
- Ticket to collect in person: the Customer is sent a QR code in the purchase confirmation with which the Customer can collect the ticket from the mountain railway counters. The Customer needs this ticket to pass through the barrier.
- It is only possible to top up a KeyCard online if the Customer already has his or her own KeyCard. A booking can only be made after all mandatory fields have been filled in completely. The Customer is responsible for making sure that his or her details are entered correctly (the KeyCard identification number!). The KeyCard identification number shall not be checked. If the number is entered incorrectly, the KeyCard will not work! The confirmation of activation shall only be sent to the e-mail address provided by the Customer.
- Period of validity: the tickets are only valid for a limited period of time, i.e. only until the final day of the summer or winter season in question. Tickets which have not been used by then shall expire completely when the season changes.
- The Customer can purchase vouchers which can be redeemed at a later date in exchange for certain services. Vouchers are processed by our partner (https://www.incert.at/). The Customer can redeem the purchased voucher for a ticket or another BZB service (e.g. food and drink). Vouchers can be partially redeemed.
- Vouchers are available for amounts that are free to choose as well as for set amounts with a specific recommended service (e.g. a round trip on the Zugspitze).
- The Customer can purchase non-personalised vouchers which hold their value by means of a voucher code printed on the voucher. The passenger can also purchase personalised vouchers with custom text or a custom image which shall then be processed by the third-party provider Incert directly. Personalised vouchers must be purchased separately in a special shop system and cannot be purchased in a basket along with other items.
i. The maximum period of validity of the vouchers is ten years from the purchase date.
ii: With regard to vouchers with a recommended service, the related service can be used by the end of the third year after the voucher was purchased at the latest at no extra cost even if the price of the service increases in the meantime
(3) Online event booking: the Customer books a specific event date online (e.g. Bavarian Evening, sunrise). As an event booking normally comprises various individual services on a given day, a place is booked at the event (depending on the event), potentially as well as a catering service. The actual ticket for this is issued as a ticket which can be printed at home or collected in person (for details, see section 4(1)). The ticket is only valid on the booked event date. It shall expire if it is not redeemed in time or at all.
By purchasing tickets online in connection with booking events online and by redeeming vouchers, the Customer is entering into a contract for carriage with BZB. The contract for carriage is governed primarily by the General Terms and Conditions of Carriage of BZB.
§ 5 Right of the consumer to cancel
(1) WARNING: Due to the statutory provisions of Section 312(2) no. 5 BGB and Section 312g no. 9 BGB, no right to cancel applies to online tickets (tickets to print at home or collect in person and KeyCard top-ups) as described in section 4(1) or online event bookings as described in section 4(3).
(2) With regard to events, the Customer can withdraw if the date is postponed or if an event is cancelled. If an event is postponed or cancelled, the Customer shall be notified by the Zugspitz Shop by e-mail and by phone where possible as soon as the Zugspitz Shop receives the information. The Zugspitz Shop reserves the right to withdraw from the contract if it becomes impossible to hold an event, especially in cases of force majeure (see section 10). In this case, the Zugspitz Shop shall notify the Customer without undue delay as soon as it learns of all the circumstances making it impossible to hold the event. In the event of a legitimate withdrawal, the Zugspitz Shop shall take back entry passes up to 14 days after the relevant event date without charging a cancellation fee and shall reimburse the Customer for any payments or partial payments he or she might have made without undue delay.
(3) If you are a consumer (see section 2(1)), you have a right to cancel when you purchase vouchers in the sense of section 4(2) in accordance with the statutory provisions.
(4) If you, a consumer, exercise your right to cancel in accordance with section 2, you must cover the normal costs of returning the voucher.
(5) Otherwise, the right to cancel is subject to the provisions set out in detail below.
Right to cancel
You are entitled to withdraw from this contract within 14 days and without providing a reason.
The cancellation deadline is 14 days from the day on which you or a third party named by you – that is not a transporter – takes possession of the goods or, if you have ordered one or more goods in a single order which are being delivered separately, the cancellation deadline is 14 days from the day on which you or a third party named by you – that is not a transporter – takes possession of the last of the goods.
To exercise your right to cancel, you must inform us
Bayerische Zugspitzbahn Bergbahn AG
Olympiastrasse 31 – 82467 Garmisch-Partenkirchen, Germany
Phone: +49 (0)88 217 970 - Fax: +49 (0)88 2179 79009
by means of an unequivocal declaration (e.g. a letter, fax or e-mail) of your decision to terminate this contract. You can use the cancellation form template below, although this is not mandatory. You can use the cancellation form template. You can also fill in and submit the cancellation form template or any other unequivocal declaration electronically on our website https://zugspitze.de/shop/muster-widerruf.pdf. If you make use of this option, we shall confirm our receipt of your notice of cancellation immediately (e.g. by e-mail).
In order to comply with the deadline for cancellation, you merely have to send the notice of cancellation before the deadline expires.
Consequences of cancellation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs, without undue delay and within no more than 14 days of the date on which we received your notice of cancellation of this contract. Unless expressly agreed otherwise with you, we shall use the same payment method as you in the original transaction to perform the refund; under no circumstances will you be charged fees for this refund. We can refuse to reimburse the payments until we receive the goods or voucher or until you provide evidence that you have sent the goods back, whichever happens first.
You must send or hand over the goods to us or (add the name and address of the person you authorised to receive the goods) immediately or within 14 days of informing us of the cancellation of the contract. The deadline shall be deemed adhered to if you send the goods before the 14-day period expires.
You must bear the direct costs of returning the goods.
You shall only be required to take responsibility for any loss of value suffered by the goods if the loss of value was caused by the goods being handled for purposes other than inspecting their quality, characteristics or functions.
– End of the cancellation policy –
The right to cancel does not apply to distance contracts
i. for the supply of goods that are not pre-fabricated or that are clearly tailored to personal needs of the consumer or which by their very nature are not suitable for return or are highly perishable or which may quickly pass their expiry date;
ii. for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance.
The provisions concerning the right to cancel also do not apply to contracts relating to the carriage of passengers in accordance with Section 312(2) no. 5 BGB.
Cancellation form template
(If you wish to cancel the contract, please fill in this form and send it back to us.)
Bayerische Zugspitzbahn Bergbahn AG
Olympiastrasse 31 – 82467 Garmisch-Partenkirchen, Germany
Fax: +49 (0)88 2179 79009
I/we (*) hereby cancel the contract concerning the purchase of the following goods (*) / provision of the following services (*) concluded by myself/ourselves (*)
Ordered on (*) / received on (*)
Name(s) of the consumer(s)
Address(es) of the consumer(s)
Signature(s) of the consumer(s) (only required for a notice of cancellation in hard copy)
(*) Delete as appropriate.
§ 6 Prices and delivery costs
(1) All prices in our online shop are gross prices and include statutory VAT.
(2) Online tickets in any format and event tickets shall only be sent electronically by e-mail. No delivery charges apply.
(3) With the exception of personalised vouchers, vouchers can be posted to EU countries. The Customer shall not be charged any delivery costs in this case either. However, in the event of a cancellation (see section 5), the Customer must cover the costs of returning the vouchers.
§ 7 Terms of payment
(1) Payment can be made by credit card through the payment service provider Wirecard, by PayPal or by Klarna transfer.
(2) The total price of the order is payable immediately upon the conclusion of the contract. Prices on the invoice are always end customer prices including VAT. No discounts are available to deduct from the price.
(3) In the event of default and if the Customer is a consumer, the Customer is obliged to pay default interest at a rate of five percentage points above the basic rate of interest (Section 247 BGB) to the Zugspitz Shop. If no consumer is involved, the default interest shall be nine percentage points above the basic rate of interest. If the Customer is in default, a fixed rate of € 5.00 shall be charged as expenses for every payment reminder; the Customer is free to demonstrate that no costs were incurred or that the actual costs incurred were lower. The Customer is not entitled to offset unless the claim is undisputed or has been established by a final judgement or complaints based on defects or counter-claims are brought on the basis of the same purchase contract.
§ 8 Warranty
(1) With regard to the warranty provisions concerning the contract for carriage, please see the provisions there.
(2) The period of validity of online tickets, event tickets and vouchers is governed by section 4.
(3) Otherwise, the statutory provisions apply.
§ 9 Liability
(1) In all cases of contractual and extra-contractual liability, the Customer can hold us liable to pay damages or compensation for futile expenses in cases of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases and unless provided for otherwise in paragraph 3, we can only be held liable in the event of a breach of a contractual duty which must be fulfilled in order to permit the due execution of the contract and on the fulfilment of which you, the Customer, can normally rely (i.e. a material contractual duty); our liability in this case shall be limited to compensation for typical, foreseeable damage. Our liability is excluded in all other cases, the provisions of paragraph 3 notwithstanding.
(3) The limitations and exclusions of liability above do not affect our liability for damage resulting from injuries to life, limb or health or under the German Product Liability Act (ProdHaftG).
(4) The liability provisions in the General Terms and Conditions of Carriage of Bayerische Zugspitzbahn Bergbahn AG also apply with regard to online ticketing and events.
(5) Please note that the Zugspitz Shop also sells ski passes and mountain and valley rides on behalf of members of ticket associations (Top Snow Card) as part of its online ticketing service. In this context, the Zugspitz Shop is merely brokering a contract for carriage with the third-party company in question and shall not be a contractual partner of the Customer in terms of the carriage service or related services and can therefore not be held liable for damage or accidents caused culpably in third-party skiing areas or skiing areas which are partners and/or associates of the Zugspitz Shop.
§ 10 Force Majeure, COVID-19 Special Conditions and the Exclusion of Refunds
(1) If the service owed by BZB cannot be performed due to force majeure (especially war, natural disasters, strikes, storms, pandemics, public lockdown measures and similar events), BZB shall be released from its obligation to perform its services for the duration of the incident.
(2) See also the General Terms and Conditions of Carriage with regard to problematic weather conditions.
(3) Special COVID-19 pandemic security measures and special conditions for the purchase of season tickets for the 2021/2022 winter season
1. Restrictions on the contractual right to carriage
a) Principle of 2G regulation
Season tickets (annual passes and/or season tickets) only entitle the holder to transportation if the season ticket holder is either fully vaccinated or is considered to be recovered (2-G rule).
Individuals are considered fully vaccinated if they have not yet been shown to have had COVID-19 and have received all the required vaccinations. The last individual vaccination must have taken place at least 14 days ago. The vaccination certificate can be provided on paper or in electronic form. Two vaccinations are currently required for BioNTech/Pfizer's Comirnaty®, Moderna's Spikevax® (Moderna Vaccine) and AstraZeneca's Vaxzevria®. With Janssen® from Johnson & Johnson, one dose is currently sufficient. Persons who have had COVID-19 and received a vaccine dose are also considered fully vaccinated. In addition to vaccination documentation, they must be able to demonstrate that they have recovered from infection with the SARS-CoV-2 coronavirus.
Individuals are considered recovered if they have tested positive for the SARS-CoV-2 coronavirus by a proven PCR test. Testing must have occurred in the past 28 days to 6 months.
Important: The contractual right to transportation ceases when the season ticket holder is no longer considered to be recovered due to exceeding the 6-month period after the positive coronavirus SARS-CoV-2 test. From this point on, a contractual right to transportation for these season ticket holders only exists if the vaccination is complete.
For persons who are neither fully vaccinated nor considered to be recovered and for whom the Permanent Vaccination Commission (STIKO) does not recommend vaccination at the respective time of carriage (for example, children up to the completed 12th year of age), a contractual entitlement to carriage exists if these persons have tested negatively for the coronavirus within the last 24 hours with a rapid antigen test or within the last 48 hours with a PCR test and/or are considered to have been tested by the fact that they belong to a group of people that is regularly tested (for example, schoolchildren) and can prove this in a suitable form.
We expressly reserve the right to adjust the requirements for fulfilling the definitions "fully vaccinated"/"recovered" if legal or medical requirements change (e.g. the STIKO recommendation or necessary booster vaccinations).
b) Exception - 3G regulation
BZB may, with the exercise of due discretion and insofar as no further restrictions arise from the Infection Protection Act (Infektionsschutzgesetz, IfSG), ordinances or special regulations issued by the authorities, temporarily extend the contractual transport entitlement to persons deemed to have tested negative (3G regulation) in extension of the basic regulation under lit. a). Only those individuals who have tested negative for coronavirus within the last 24 hours with a rapid antigen test or within the last 48 hours with a PCR test are considered to have tested negative.
The season ticket holder is not entitled to have BZB temporarily extend the transport entitlement to the 3G regulation. A granted exception and extension of the 3G regulation can be withdrawn at any time by BZB without giving reasons in the exercise of proper discretion, so that from this point on a contractual transport claim only exists under the conditions of lit. a).
2. Exclusion of refund
If BZB's contractual obligation to provide transportation does not exist due to the restrictions specified in § 10 Paragraph 3 of these GTCs, even if only for a certain period of time, this circumstance is neither within BZB's contractual obligations nor within BZB's sphere of risk, so a refund of the ticket price, even on a pro rata basis, does not apply.
§ 11 Copyright
We hold the copyright to all images, videos and text published in our online shop. The images, videos and text may not be used without our express consent.
§ 12 Data processing
(1) The Zugspitz Shop shall collect data from the Customer for the purpose of executing contracts. It shall do so in compliance with the German Federal Data Protection Act (BDSG) and the German Tele Services Data Protection Act (TDDSG). Without the consent of the Customer, the Zugspitz Shop shall only collect, process or use personal data and usage data relating to the Customer in so far as necessary in order to execute the contractual relationship or utilise and charge for teleservices.
(2) Without the consent of the Customer, the Zugspitz Shop shall not use the Customer’s data for the purposes of advertising, market or opinion research.
§ 13 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have submitted the order as a consumer and your place of habitual residence is in a different country at the time your order is submitted, the choice of law in sentence 1 shall not affect the applicability of mandatory legal regulations in that country.
(2) If you are a merchant and your registered office is in Germany at the time your order is submitted, the place of exclusive jurisdiction shall be the registered office of BZB in Garmisch-Partenkirchen. Otherwise, the relevant statutory provisions apply to local and international jurisdiction.
(3) Settlement of disputes: The European Commission has set up an online dispute resolution platform. The platform serves as a point of contact for resolving disputes relating to contractual obligations arising from online purchase contracts out of court. Click on the following link for more information: https://ec.europa.eu/consumers/odr. We are neither prepared nor obliged to participate in dispute resolution proceedings with a consumer arbitration service.