Discriminatory?

The Tyrol leisure ticket is now in doubt due to a lawsuit

Skiing in winter, swimming in summer - the leisure ticket makes many things possible at a "flat rate".

(Bild: Birbaumer Christof)

The end for Tyrol's best-known network ticket? The Association for Consumer Information (VKI) believes that non-Tyroleans are at a disadvantage and has now filed a lawsuit following a warning. Those responsible for the leisure ticket explain the tricky situation.

Around 59,000 leisure tickets (advance booking price 686 euros for adults) were recently sold. Whether advance sales for the new season can start as planned in October is currently up in the air.

"Warning shot" back in April
"We already received a warning from the VKI at the end of April and have now received a complaint," announced Freizeitticket initiator Thomas Schroll and Tyrol's cable car spokesperson Reinhard Klier. In a background discussion, they explained the situation to the Tyrolean media. They wanted to give advance warning, as even a definitive end is possible in the worst case.

We now have two months to respond to the lawsuit

Tirols Seilbahnsprecher Reinhard Klier

Two months to respond to the lawsuit
"We now have two months to respond to the lawsuit," explained Klier. Further steps will be discussed with lawyers this week. 18 partners will have to coordinate their actions.

Cable car spokesperson Klier (left) and leisure ticket initiator Schroll explain the situation.

(Bild: Birbaumer Johanna)

Essentially, the VKI identifies unlawful provisions in the general terms and conditions, especially with regard to the fact that buyers must be resident in Tyrol.

Regulation against discrimination since 2018
The EU's so-called Geo-blocking Regulation, which prohibits any "discrimination based on nationality, place of residence or place of establishment" - with the exception of tax law - has been in place since December 2018. Schroll: "We take the legal view that transport services are excluded from the Services Directive. The effectiveness of the Geo-blocking Regulation, which was originally designed for online trade, is questionable."

Cable cars affected by special regulation?
Classified as a service provider, however, cable cars would probably also have to be subject to the anti-discrimination regulation.

We are of the opinion that cable cars are transport service providers. The legal situation is different.

Freizeitticket-Initiator Thomas Schroll

It could now go "in all directions", Klier and Schroll left a lot open. A discontinuation of the leisure ticket is conceivable, and prices could also rise. The promise at the end: "We will endeavor to find the best possible solution in the interests of the local population - within the framework of the legal possibilities."

This is why VKI filed the lawsuit
VKI states that it became aware of the Freizeitticket Tirol case due to consumer complaints and inquiries. As a result, the general terms and conditions were reviewed and violations were found in at least seven details.

Equal treatment violated?
The restriction of the leisure ticket to people whose main place of residence is in Tyrol is contrary to the Equal Treatment Act, according to a legally binding ruling by a civil court in Vienna. The situation was similar with the semester ticket of Wiener Linien. The warning and current lawsuit against the leisure ticket concerns several points: in addition to the determination of the place of residence, for example, the extra price for issuing the admission ticket or the restrictions on consumers' repayment claims.

We do not want to fight the Freizeitticket Tirol offer per se, but individual clauses in the general terms and conditions that would disadvantage consumers.

Aus der Klagsbegründung des VKI

The VKI emphasizes that it is by no means fighting the Freizeitticket Tirol offer per se, but individual clauses in the general terms and conditions that would disadvantage consumers. The aim is for the leisure ticket to be open to all consumers (including Salzburgers or Vorarlbergers with their main residence in the area bordering Tyrol).