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The ÖKAS, whose members include not only alpine clubs but also the ÖSV and the Cable Car Association, began addressing this issue as early as the early 2000s at the suggestion of the ÖAV. It has concluded that coexistence is possible through mutual consideration and that cable car operators face no liability risk as long as they follow the safety recommendations of their own trade association. The ÖKAS therefore recommends tolerating ski touring on the slopes.

The standard terms governing ski slopes in Austria and internationally—that is, the standard statements issued by the slope operator—include walking uphill. It also follows from FIS Rule 7 and, indirectly, from FIS Rule 6 that ascending ski slopes along the edge of the slope is permitted. Therefore, the answer to this question is clearly “yes.”

The ÖKAS’s 10 recommendations for ski tours apply.

They were developed in 2006 by experts from ÖKAS and are now widely recognized. Courts use them as a benchmark for the standard of care required in the event of accidents. Building on this, the State of Tyrol, in collaboration with stakeholder groups, developed the“Safe and Fair”ski touring model and published the“Tyrol Ski Touring Handbook.”It is important to note that ski tourers must observe nighttime closures as well as temporary closures during operating hours. The latter may occur due to avalanche danger, widespread icing, or maintenance work on snowmaking systems. These closures apply to both ascending and descending skiers.

10 Recommendations for On-Piste Tours

1. Follow all warnings and local regulations.
2. Comply with any closure of a slope or part of a slope. The use of snow grooming equipment—especially winches—or avalanche blasting, etc., can lead to life-threatening situations. Slopes may therefore be closed for safety reasons while work is in progress.
3. Climb only at the edge of the slope and in single file.
4. Cross the slope only in open areas and keep a safe distance from one another.
5. Ski only on freshly groomed slopes in the outer areas.
   Tracks that have frozen solid overnight can significantly impair the quality of the slopes.
6. Leave the slopes by 10:30 p.m. or by any other time specified by the ski lift operator.
7. Be visible.
   In the dark or when visibility is poor, use a headlamp, reflective clothing, etc.
8. On slopes designated specifically for ski touring, use only those slopes.
9. Do not bring dogs onto the slopes.
10. Use designated parking spaces and pay any parking fees.

There is no provision in Austrian law that explicitly addresses this issue. To the extent that the cable car company owns the ski slope or holds an easement granting the right to use another party’s property as a ski slope, it may, in principle, prohibit access to these areas or charge a fee for such access. That said—and this is a major “BUT”—such a prohibition is often not permissible because there is a right to use the areas free of charge for ski touring. Such a right may arise from the acquisition by adverse possession of a so-called irregular easement in favor of a municipality or an alpine club through more than 30 years of use of an ascent route, from state laws such as Sections 1 and 5 of the Carinthian Law on Freedom of Passage in Mountainous Areas (1923), from Section 33 of the Forestry Act (“Freedom of Passage in Forests”), or from customary law. Surprisingly, there has been no court ruling on this matter in Austria to date, even though closures for ski tourers are purely a matter of private law and would have to be enforced by the cable car companies against each individual ski tourer through an action for injunctive relief. Anyone who disregards a private-law closure imposed by the cable car company is not committing a criminal offense and therefore cannot be “reported” by the cable car company or directly required to pay a fine. In any case, the courts would take local circumstances into account, which could certainly lead to varying outcomes.
The legal situation is clearer in some other countries, such as Bavaria. In 2016, the Bavarian Constitutional Court ruled that a trail closure imposed by the Zugspitzbahn for ski tourers was unlawful and contradicted the fundamental right to enjoy nature, as enshrined in Article 141, Paragraph 3, of the Bavarian Constitution. The Austrian Constitution does not contain such a fundamental right.