GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope of Application of the General Terms and Conditions - GTC
1.1 For business relations between the Snowcademy (hereinafter referred to as: "ski school") and the contractual partner (hereinafter referred to as: "customer"), these General Terms and Conditions (hereinafter referred to as: "GTC") shall apply exclusively in the respective valid version. The valid version of the GTC depends in each case on the time of the relevant offer submission by the customer. 1.2.
1.2 The ski school provides services to the customer in the area of skiing and snow sports. This includes, among other things, the provision of skiing, snowboarding and cross-country skiing lessons, guiding and accompanying on ski tours (as defined in § 1 para. 1 T-SSG 1995) as well as related activities (hereinafter referred to as "courses"). These GTC apply to all services of the ski school in this context.
1.3 Provisions deviating from these GTC shall only apply in the event of an express written agreement between the ski school and the customer. Contradictory terms and conditions of the customer shall have no effect on
the business relations stated in point 1.2.
2. Conclusion of contract
2.12. The conclusion of a contract between the ski school and the customer is possible both electronically (online booking) and in the business premises of the ski school (conclusion of the contract by handing over a payment slip).
2.2. The submission of a fully completed online booking by the customer constitutes a legally binding offer to the ski school to conclude a contract for the services advertised by the ski school. The ski school sends an order confirmation to the customer based on such an offer. A contractual relationship between the ski school and the customer only comes into being through the transmission of this order confirmation.
2.3. The customer's declaration to an employee of the ski school that he/she wishes to make use of the ski school's services constitutes a legally binding offer to the ski school to conclude a contract. Only
contractual relationship between the ski school and the respective customer comes into effect through the payment of the desired service and the issuing of a payment voucher.
2.4. The booking confirmation and/or the payment receipt serve as proof of the use of the booked service and are to be presented by the customer to the respective course instructor at the start of the course.
2.5. The ski school is not obliged to inform the customer of a rejection of online bookings. If the customer's offer is not confirmed by the ski school within a period of 2 (two) weeks from receipt, the customer's offer shall in any case be deemed not to have been accepted.
3. right of withdrawal when concluding a contract by telephone, web form or e-mail
3.1. The services offered are "leisure services" within the meaning of the Distance and Outward Transactions Act (FAGG).
3.2. There is no right of withdrawal for leisure services pursuant to § 18 para. 1 no. 10 FAGG.
4. Right of withdrawal
4.1 The client is entitled to withdraw from the contract unilaterally and without any further obligation, in particular without any obligation to pay a fee or a cancellation fee, in writing (email is sufficient) under the conditions stated below.
4.2 In the case of private courses, withdrawal is permitted no later than 14 days before the first day of the start of the service without any further obligations on the part of the customer.
4.3 In the case of group courses (i.e. the client has booked a group course; this does not include bookings for groups of people), withdrawal is permitted no later than 14 days before the first day of the start of the service without any further obligations on the part of the client.
4.4 In the case of group courses, in addition, in the event of illness or accident which makes participation in the booked service impossible, a withdrawal is permissible for the period from the occurrence of the impediment, if the customer presents a medical certificate to the ski school without unnecessary delay. The ski school shall, at the customer's discretion, either issue a credit note for the proportionate fee to be paid or pay the proportionate fee back to the customer within 14 days.
4.5. The receipt of the letter of withdrawal by the ski school is decisive for the observance of the deadline. In order to meet the respective deadline, it is necessary that the letter of withdrawal is received by the ski school at the latest 24 hours before the deadline expires. Transmission errors and the like shall be at the expense of the customer.
4.6. In all other cases, the customer is not entitled to withdraw without the express written consent of the ski school and must pay the full fee. This also applies in particular to the case of non-appearance or late appearance on the agreed date.
4.7. The ski school is entitled to withdraw from the contract at any time if the customer participates in courses under the influence of alcohol, drugs or medication which no longer guarantees safe participation. The same applies if the customer persistently disobeys the instructions of the ski school, the instructors or the support staff (see point 9.4.). In the event of such a termination of the contract, the customer shall not be entitled to any claims; in particular, he/she shall also be obliged to pay the full fee.
4.8. If the minimum number of participants for group courses is not reached (half-day courses: 4 people - MAX5 children's courses: 2 people), Snowacademy reserves the right to shorten the course times accordingly or to refund the course fee on a pro rata basis.
5. Impossibility of the service
5.1. If it is not possible to provide the service for safety reasons (e.g. weather conditions, avalanche danger, etc.), the ski school is not obliged to provide the service. It is solely at the reasonable discretion of the ski school to assess the impossibility of providing the service, whereby a partial impossibility - e.g. no skiing lessons are possible on three out of five days - does not affect the provision of the possible part of the service. 5.2 In the event of (weather conditions, avalanche danger, etc.) the ski school is not obliged to provide the service.
5.2. In the event of the (partial or complete) impossibility of performance in accordance with point 5.1, the ski school will repay the pro rata fee to the customer within 14 days. The customer shall not be entitled to any further claim.
5.3. Force majeure, in particular epidemics, pandemics, official measures such as closures, other unforeseeable and unavoidable events shall release the ski school from its service obligations.
5.4. In the event of the (partial or complete) impossibility of performance in accordance with point 5.3, the ski school shall either issue a credit note for the pro rata fee or pay the pro rata fee back to the customer within 14 days. The customer has the right to choose in this respect. The customer shall not be entitled to any further claim. A possible right of withdrawal according to § 10 para. 2 Package Travel Act remains unaffected.
6. Prices, Payment Modalities
6.1. All information - in particular price lists of the ski school on the internet, in brochures, advertisements or other information carriers - are non-binding for the ski school. The ski school reserves the right to make changes at any time.
6.2. All price quotations are in EURO (€) and are to be understood as gross including any statutory value added tax, unless otherwise stated.
6.3. Costs for ski tickets or ski equipment are not included in the course fees. These must be purchased by the customer at his own expense and brought along.
6.4. The ski school's claim for payment against the customer arises upon conclusion of the contract. Payment is due at this time. In the case of online bookings, however, payment shall be made immediately when the offer is made using one of the payment methods set up for online bookings. If the customer's offer is not accepted by the ski school, any amount already paid will be refunded within 14 working days using the same payment method as the customer used.
6.5. In the case of other booking methods, e.g. by email or directly on site, payment of the course fee can be made within 1 day of the conclusion of the contract by transfer to the account of the ski school or in cash on site.
but must in any case be received by the ski school before the start of the course. All expenses - in particular bank charges - in connection with the payment of the course booked with the ski school shall be borne exclusively by the customer.
6.6. The customer may only offset counterclaims that have been legally established by a court of law or expressly recognised by the ski school and in the case of insolvency of the ski school. Legal rights of retention are not affected by this point of the contract.
6.7. Default of payment occurs without further notification of the ski school. In the event that the customer defaults on a payment, the ski school is entitled to charge the customer the statutory default interest and all additional costs and expenses incurred, in particular collection or legal fees. In the case of outstanding claims, the ski school may offset payments made by the customer against the customer's outstanding claims at will, irrespective of any dedication by the customer. In the event of non-payment of a claim, all other claims against the customer shall also be due immediately.
6.8.The place of performance for all obligations to be fulfilled by both the ski school and the customer is the location of the ski school's registered office.
7. Provision of Services
7.1. The customer must be present for the provision of services at the assembly point of the ski school or at another location in the ski school area announced by the ski school in good time before the start of the course.
7.2. The ski school reserves the right to change the meeting point of the courses at short notice. In these cases, the customers will be informed by the ski school.
7.3. The ski school undertakes to use only qualified teaching or childcare staff for the respective service.
8. Limitation of liability
8.1. In connection with the courses offered, the ski school does not guarantee the training success of the course participants.
8.2. The ski school is not liable - with the exception of personal injury - for damage, insofar as the damage is not due to intentional or grossly negligent behaviour on the part of the ski school itself or a person attributable to it and the behaviour causing the damage does not concern the main obligations arising from the contract concluded. 8.3 The ski school accepts no liability for damage caused by the customer during the performance of the agreed service without fault.
8.3. The ski school accepts no liability for damage caused by the customer to himself/herself or to other persons during the performance of the agreed service through no fault of the ski school.
8.4. Irrespective of fault, the ski school is not liable for loss of profit, pure financial losses and consequential losses, insofar as these exceed 3 times the service fee.
8.5. The client is advised that failure to wear a crash helmet in the event of injury may constitute contributory negligence on the part of the client, which is why the client is advised to wear or, in the case of avalanche equipment, to carry a crash helmet and other safety equipment recommended for the service booked in each case (e.g. avalanche transceiver for trips in open terrain). Crash helmets and safety equipment generally reduce the risk of injury.
8.6. It is expressly stated that the practice of snow sports is associated with numerous risks and that there is an increased risk of injury or even death, especially when touring or skiing in open terrain,
in particular due to avalanches, which cannot be completely ruled out.
8.7. The client acknowledges that rescue from slopes or in open terrain is often associated with high costs. The customer is therefore advised to take out appropriate insurance, especially as the ski school is not liable for rescue and air rescue costs, unless the ski school or a person attributable to it has caused these rescue and/or air rescue costs through intentional or grossly negligent behaviour.
9. Obligations of the customer
9.1. The customer must inform the ski school truthfully and comprehensively about his/her abilities and experience in the respective snow sport booked and must independently ensure that he/she has the appropriate equipment according to the state of skiing technique and the external conditions. The customer must inform the ski school of any health problems or impairments. 9.2.
9.2. Furthermore, the customer undertakes not to participate in the ski course in the event of feverish infections, infectious diseases and illnesses accompanied by diarrhoea and vomiting. If the customer has booked a group course, he/she may exercise the right of withdrawal provided for in point 4.4 of these GTC upon presentation of a medical certificate.
9.3. Before the start of the lessons, the customer must arrange for his ski equipment (in particular ski bindings) to be checked by a specialist company.
9.4. The customer must follow the instructions of the ski school, the instructors and the supervisors. Failure to follow instructions and warnings shall entitle the ski school to terminate the contract immediately. This also applies if customers display improper behaviour, in particular towards other course participants.
11. Other Provisions
11.1. There are no verbal ancillary agreements to these GTCs. Subsidiary agreements of any kind, amendments or supplements must be in writing in order to be effective. This shall also apply to any waiver of this written form requirement.
11.2. For all disputes arising from legal transactions based on these GTCs, the applicability of substantive Austrian law shall be deemed agreed, to the exclusion of Austrian private international law.
11.3. If the customer is an entrepreneur or consumer domiciled outside the scope of the EuGVVO1 or the Lugano Convention2 (these are all countries with the exception of the EU member states, Switzerland, Norway and Iceland), all legal disputes arising from or in connection with these General Terms and Conditions and/or contracts between 1 Regulation No. 1215/2012 of the European Parliament and Council of 12. Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, concluded in Lugano on 16 September 1988, the ski school and the customer concerning the provision of ski school services, the court with subject-matter and local jurisdiction at the registered office of the ski school is agreed as the exclusively competent court. 11.4.
11.4. Insofar as the customer is a consumer domiciled within the EU or the area of application of the Lugano Convention, the statutory provisions on jurisdiction shall apply.
11.5. If one or more of the provisions of these GTCs is/are invalid, such legally valid provisions shall be expressly agreed between the ski school and the customer as come closest to the economic purpose of the invalid provision. The validity of the remaining
provisions shall not be affected by a void provision.
11.6. All rights and obligations arising from these GTC shall pass to any legal successors of the ski school..