Terms and Conditions – General Terms andConditions
Scope of the Terms and Conditions
1. 1. For business relations betweenSnowlines Ski School (hereinafter referredto as “Ski School”) and thecontractualpartner (hereinafter referred to as“Customer”), these General Terms andConditions (GTC) in thecurrent versionapply exclusively. The valid version of theGeneral Terms and Conditions depends onthe time ofthe respective offer by thecustomer.
1. 2. The ski school provides services in thefield of skiing and snow sports to thecustomer. This includes, interalia, theteaching of skiing, snowboarding and cross-country skiing, guiding and accompanyingski tours (Sd § 1(1) T-SSG 1995) and relatedactivities (hereinafter referred to as“courses”). It also includes anychildcareservices and related services (e. g. meals forchildren). These terms and conditions applyto allservices of the ski school in thiscontext.
1. 3. Different provisions from these GeneralTerms and Conditions shall only apply ifexpressly agreed inwriting between the skischool and the customer. Conflicting termsand conditions of the customer shall nothaveany effect on the provisions in point 1.2. mentioned business relationships.
Conclusion of contracts
2. 1. A contract between the ski school andthe customer is possible both electronically(submission of an offervia the online formand acceptance of the contract by e-mail) and at the business premises of the skischool(contract by handing out a paymentreceipt).
2. 2. The sending of a fully completed onlineform by the customer constitutes a legallybinding offer to the skischool to conclude acontract for the services offered by the skischool. The ski school transmits anorderconfirmation to the customer on the basis ofsuch an offer. Only by sending this orderconfirmation does acontractual relationshipbetween the ski school and the customercome into being.
2. 3. The ski school is not obliged to informthe customer of a rejection of onlinebookings. If the offer of thecustomer is notconfirmed by the ski school within 48 hoursof receipt, the offer of the customer shall inany casebe deemed not to have beenaccepted.
Right of withdrawal
3. 1. The customer is entitled to withdrawfrom the contract in writing (e-mail issufficient) unilaterally and withoutfurtherobligation, in particular without obligation topay a fee or a cancellation fee.
3. 2. FREE cancellation – Full refund up to 24hours before the start of the activity.
3. 3. If participation in the booked service isnot possible due to illness or accident, thecustomer may withdrawfrom the contractupon presentation of a medical certificate assoon as the prevention occurs. The customerhasthe option to issue a credit noteconcerning the proportionate fee to be paidor to have the proportionate feerefunded.
3. 4. In all other cases, the customer is notentitled to withdraw without the expresswritten consent of the skischool and mustpay the full fee. This also applies inparticular in the event of non-appearance orlateappearance on the agreed date.
3. 5. The ski school is entitled to withdrawfrom the contract at any time if the client’sparticipation is under theinfluence ofalcohol, drugs or medication, which can nolonger guarantee a safe participation. Thesame appliesif the customer persists indefying the instructions of the ski school, the instructors or the supervisors. Thecustomer shall not be entitled to any claimsin the event of such termination of thecontract; in particular, heshall be obliged topay the full fee.
Impossibility of performance
4. 1. If the performance of the service is notpossible for safety reasons (e. g. weatherconditions, avalanchedanger, etc. ), the skischool is not obliged to provide services. It isthe sole discretion of the ski school toassessthe impossibility of providing the service, whereby a partial impossibility does notaffect the performanceof the possible partof the service.
4. 2. In the event of (partial or complete) impossibility of performance according topoint 4. 1, the ski schoolshall reimburse thecustomer the proportionate fee within 14days. The customer is not entitled to anyfurtherclaims.
4. 3. Force majeure, in particular epidemics, pandemics, official measures such asclosures, otherunforeseeable andunavoidable events release the ski schoolfrom its performance obligations4. 4. In the event of (partial or complete) impossibility of performance according topoint 4. 3, the ski school willeither issue acredit note or pay back the proportional feeto the customer within 14 days. In thisregard, thecustomer has a right of choice. The customer is not entitled to any furtherclaims. Any right of withdrawalaccording to§ 10 para 2 of the Package Travel Actremains unaffected.
Prices, methods of payment
5. 1. All information – in particular price listsof the ski school on the internet, inbrochures, advertisements orotherinformation carriers – is not binding for theski school. The ski school reserves the rightto make changes atany time.
5. 2. All prices are given in EURO (€) and aregross including any statutory VAT.
5. 3. Costs for ski tickets or ski equipmentare not included in the course fees. Theseare to be purchased by thecustomer on hisown account and brought with him.
5. 4. The ski school’s claim against thecustomer arises with the conclusion of thecontract. Payment of thecourse fee for earlybooking can be made within 14 days of theconclusion of the contract by bank transferto theaccount of the ski school or cash onsite. However, the payment has to bereceived at the ski school before thestart ofthe course. All expenses – in particular bankcharges – in connection with the payment ofthe coursebooked at the ski school are thesole responsibility of the customer.
5. 5. Delay of payment occurs withoutfurther notice from the ski school. In theevent that the customer is indefault with apayment, the ski school shall be entitled tocharge the customer the statutory interestfor latepayment and all additional costs andexpenses incurred, in particular collectionfees or attorney fees.
Provision of services
6. 1. The customer must be present at themeeting point of the ski school or at anyother place in the ski schoolarea announcedby the ski school in good time before thestart of the course.
6. 2. The ski school reserves the right tochange the meeting point of the courses atshort notice. In such cases, the ski schoolinforms the customers.
6. 3. The ski school undertakes to employqualified instructors or childcare staff onlyfor the respectiveperformance.
Limitation of liability
7. 1. In connection with the courses offered, the ski school does not guarantee thesuccess of the courseparticipants.
7. 2. With the exception of personal injuries, the Ski School shall not be liable fordamages, insofar as thedamages are notdue to intentional or grossly negligentconduct of the Ski School itself or a personattributableto it, and the conduct causingthe damage does not affect the principalobligations arising from thecontractconcluded.
7. 3. The Ski School shall not be liable forany damage caused by the Customer duringthe performance of theagreed servicewithout the fault of the Ski School to himselfor to other persons or caused by them.
7. 4. Regardless of the fault, the Ski Schoolis not liable for lost profits, pure financiallosses and consequentialdamages, insofaras these exceed three times the service fee.
7. 5. The customer is advised that the non-wearing of a crash helmet in the event ofinjury may constitute ajoint fault of thecustomer, which is why the customer isrecommended to wear a crash helmet andother safetyequipment recommended forthe respective service booked (e. g.avalanche detection device for trips inopenterrain) or, in the case of avalancheequipment, to take with you. Fall helmetsand safety equipmentgenerally reduce therisk of injury.
7. 6. It is expressly stated that the practiceof snow sports involves numerous risks and, in particular, whentouring or skiing in openterrain, there is an increased risk of injury oreven death, especially from avalanches, which cannot be completely ruled out.
7. 7. The customer acknowledges thatrescuing slopes or outdoors is oftenassociated with high costs. Thecustomer istherefore advised to take out appropriateinsurance, especially since the ski school isnot liable forrescue and air rescue costs, unless the ski school or a person attributableto it has caused such rescue and/orairrescue costs through deliberate or grossnegligence.
Obligations of the customer
8. 1. The customer must inform the skischool truthfully and comprehensively abouthis/her abilities andexperiences in therespective snow sports booked and mustindependently arrange for equipmentcorrespondingto the state of the artski/snowboard technology and the externalconditions. The customer has to reportanyhealth problems or impairments to the skischool.8. 3. Before the beginning of the lesson, thecustomer must independently arrange forthe inspection of his skiequipment(especially ski binding) by a specialistcompany.
8. 4. The customer must follow theinstructions of the ski school, instructors andsupervisors. Failure to complywithinstructions and warnings entitles the skischool to terminate the contractimmediately.
Data protection declaration
10. 1. The applicability of Austriansubstantive law, to the exclusion of Austrianprivate international law, shall bedeemed tobe agreed upon for all disputes arising fromlegal transactions on which these GeneralTerms andConditions are based.
10. 2. If one or more of the provisions ofthese General Terms and Conditions is/arevoid, the Ski School andthe Customer shallbe deemed to have expressly agreed uponsuch legally effective provisions as areclosest tothe economic purpose of the voidprovision. The validity of the remainingprovisions shall not be affected by avoidprovision.
10. 3. All rights and obligations arising fromthese Terms and Conditions shall betransferred to any legalsuccessors of the skischool.