GTCs – Arlski

GENERAL TERMS AND CONDITIONS

 

Tyrolean Ski School Arlski
Bernhard Falch
Nassereinerstr.67
A-6580 St.Anton am Arlberg
Tirol-Austria

 

1 Scope of the GTCs

1.1 For business relations between the ARLSKI ski school (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 The ski school provides services to the customer in the area of skiing and snow sports. This includes, but is not limited to, giving skiing lessons, guiding and accompanying on ski tours as well as off-piste skiing (skiing in the free ski area) and heliskiing (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 apply only in case of an explicit written agreement between the ski school and the customer. Contradictory terms and conditions of the customer have no effect on the business relations mentioned in point 1.2.

2 Conclusion of contract

2.1 A conclusion of contract between the ski school and the customer is possible both electronically (submission of an offer via online form and acceptance of the contract by confirmation e-mail) or by telephone or via social media (WhatsApp…).

2.2 The submission of a fully completed online form 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 transmits an order confirmation to the customer based on such an offer. Only through the transmission of this order confirmation a contractual relationship between the ski school and the customer comes into being.

2.3 The customer’s declaration to an employee of the ski school that he/she wishes to make use of services of the ski school constitutes a legally binding offer to the ski school to conclude a contract. A contractual relationship between the ski school and the respective customer is only established through payment.

2.4 The ski school is not obliged to inform the customer of a rejection of online bookings. If the offer of the customer is not confirmed by the ski school within a period of 2 (two) weeks from receipt, the offer of the customer is in any case considered as not accepted.

3 Right of withdrawal when concluding a contract via telephone, web form or e-mail.

3.1 The services offered are “leisure services” in the sense of the Distance and Foreign Transactions Act (FAGG).

3.2 There is no right of withdrawal for leisure services according to § 18 Abs 1 Z 10 FAGG.

 4 Right of withdrawal

4.1 In the case of private courses, withdrawal is permitted no later than 10 days before the first day of the start of the service without any further obligations on the part of the customer.

4.2 The receipt of the withdrawal letter by the ski school is decisive for the observance of the deadline. In order to comply with the respective deadline, it is necessary that the letter of withdrawal is received by the ski school at the latest 24:00h before the deadline expires. Transmission errors and the like are at the expense of the customer.

4.3 In all other cases, the customer is not entitled to withdraw without the express written consent of the ski school and has to pay the full fee. This also applies in particular to the case of non-appearance or late appearance at the agreed date.

4.4 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 guarantee safe participation. The same applies if the customer persistently disobeys the instructions of the ski school, the instructors or the supervisors (see point 9.4). In case of such a termination of the contract, the customer is not entitled to any claims; in particular, he is also obliged to pay the full fee.

5 Impossibility of performance

5.1 If the performance of the service is not possible for safety reasons (e.g. weather conditions, avalanche danger, etc.), the ski school is not obligated 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 performance of the possible part of the service.

5.2 In the event of (partial or total) impossibility of performance, the customer does not have to pay proportional fees. The customer is not entitled to any further claims.

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 gross including any statutory value added tax, unless otherwise stated.

6.3 Costs for ski tickets or ski and safety 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 claim for payment of the ski school against the customer arises with the conclusion of the contract.

6.5 The payment has to be made in cash at the beginning of the course.

6.6 The customer can only offset such counterclaims that have been legally determined by a court or expressly recognized by the ski school as well as in the case of insolvency of the ski school. Legal rights of retention are not affected by this point of the contract.

6.7 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 Service provision

7.1 The customer must be present for the provision of services at a 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.

8 Limitation of liability

8.1 In connection with the offered courses, the ski school does not guarantee the training success of the course participants.

8.2 The ski school is not liable for damages – with the exception of personal injuries – insofar as the damages are not based on an intentional or grossly negligent behavior of the ski school itself or a person attributable to it and the behavior causing the damages does not concern the main obligations arising from the concluded contract.

8.3 The ski school assumes no liability for damages that the customer causes to himself/herself or to other persons during the performance of the agreed service through no fault of the ski school or that are caused to him/her by them.

8.4 Regardless of fault, the ski school is not liable for lost profit, pure financial losses and consequential damages, insofar as these exceed 3 times the service fee.

8.5 It is pointed out to the customer that the non-wearing of a crash helmet in case of injuries can constitute a contributory negligence of the customer, which is why the customer is recommended to wear a crash helmet as well as further safety equipment recommended for the respective booked service (e.g. avalanche transceiver for trips in open terrain) or in case of avalanche equipment, to carry it along. Crash helmets and safety equipment usually reduce the risk of injury.

8.6 It is expressly stated that the practice of snow sports is associated with numerous risks and in particular during tours or descents in open terrain there is an increased risk of injury or even death, in particular also due to avalanches, which cannot be completely excluded.

8.7 The customer acknowledges that a rescue from slopes or in open terrain is often associated with high costs. The customer is therefore advised to take out appropriate insurance, especially since 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 behavior.

9 Duties 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 equipment that corresponds to the state of skiing technique and the external conditions.

9.2 The customer has to inform the ski school about any health problems or impairments.

9.3 Before the beginning of the lessons, the customer has to arrange for his ski equipment (especially ski bindings) to be checked by a specialized company.

9.4 The customer has to follow the instructions of the ski school and the instructors. Disregard of instructions and admonitions entitle the ski school to immediately terminate the contract. This also applies if customers show improper behavior, especially towards other course participants.

10 Privacy policy 

10.1 Further information can be found in the data protection declaration of the ski school, which can be found on this homepage.

11 Other provisions

11.1 Verbal side agreements to these GTCs do not exist. Subsidiary agreements of any kind, changes or additions require the written form 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, excluding Austrian private international law, shall be deemed agreed.

11.3 If the Customer is an entrepreneur or consumer with residence outside the scope of the EuGVVO (Regulation No. 1215/2012 of the European Parliament and Council of 12.12.2012 ) or the Lugano Convention (Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters , concluded in Lugano on 16. September 1988 ) (these are all countries with the exception of the EU member states, Switzerland, Norway and Iceland), the factually and locally competent court at the registered office of the ski school is agreed as the exclusively competent court for all legal disputes arising from or in connection with these General Terms and Conditions and/or contracts between the ski school and the customer regarding the provision of ski school services.

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 the jurisdiction of the court 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, which 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.