Compare the alternative with the season pass
Compare period, area, access and practical usability of the alternative with the season pass purchased.
Next step: keep the closure order, operator offer, season pass and your response.
Official ski area closure and season pass: review refunds, alternative services and section 1447 of the Austrian Civil Code.
Mag. Christopher Angerer, Rechtsanwalt
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If an authority closes a ski area temporarily or for the rest of the season, use of a season pass may be partly or completely lost. Whether this leads to a refund depends on the contract, closure duration, prior use and any alternative service.
Section 1447 of the Austrian Civil Code is the starting point where performance has become impossible through a chance event. A temporary closure does not itself create a fixed refund percentage. The agreed service and the actual course of the season must be examined.
Answer two questions. The result identifies key documents and the next review.
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Duration and remaining usable time determine the contractual review.
Compare period, area, access and practical usability of the alternative with the season pass purchased.
Next step: keep the closure order, operator offer, season pass and your response.
For a temporary closure, the unusable period and actual service scope matter. A refund cannot be calculated from the price alone.
Next step: record closure dates, usage data and the terms applying to the purchase.
For a closure until the end of the season, review the remaining agreed use and any alternative service. Use before the closure remains relevant.
Next step: collect the authority order, season calendar, usage records and operator communication.
Start with the exact authority order. It should show which area, facilities and period are affected. A closure of the entire ski area must be assessed differently from a closure of individual sections.
Then read the season pass contract. The service description, validity period, area, exclusions and interruption rules show what use was agreed. An official closure must be distinguished from a voluntary operating pause, a single technical failure and a personal reason for not using the pass.
Section 1447 provides that the accidental total destruction of a specific thing ends the obligation, including the obligation to pay its value. The principle also applies where performance or payment becomes impossible through another chance event. Anything already received for performance must be returned or compensated so that the debtor does not profit from the other party’s loss.
For a season pass, this means that genuinely unavailable agreed use must be accounted for. The provision does not itself say how a season pass is divided into days, periods or usage values. That assessment depends on the contract and the actual development of the season.
For a temporary closure, establish the period during which the pass could not be used. Compare the remaining season, use before the closure and the importance of the closed area for the purchased pass. A partial refund may be relevant where a clearly identifiable part of the service was not provided.
An alternative offer changes the review. Access to another area, an extended validity period or rebooking may offset the loss in whole or in part. The decisive points are actual scope, practical usability and contractual basis. Assess a voucher against the service purchased rather than in isolation.
Keep the authority order, ski area notice, season pass, booking confirmation and payment record. Record the beginning and end of the closure and the days actually used. Screenshots from the operator app and saved web pages can document the operating status.
The operator’s concrete offer is also important. Keep messages about another area, an extension, rebooking or a voucher. State clearly which service was lost and which solution you request. A separate personal injury raises different questions; see the information on settlements after a ski accident and evidence after a children’s area fall.
Important: An official ski area closure is a distinct contract situation. This article does not cover injury, lift accidents, online withdrawal from a ski pass or a personal reason for not using the pass.
No. Duration, prior use, service scope and any alternative service matter.
Section 1447 is the starting point for performance made impossible by chance. The actual loss and its extent must also be established.
This depends on the contract, the voucher offer and the concrete alternative service. Compare period, area and usability.
Provide the season pass, payment record, closure notice, affected period and a short description of prior use. Keep originals and all communication.
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