TERMS & CONDITIONS
SNOW-ACADEMIES GmbHOberhausenweg 2bA- 6373 Jochberg
§ 1 Scope of the General Terms and Conditions (GTC)
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") in their respective valid version shall exclusively apply to business relationships between the Ski School SNOW-ACADEMY Jochberg (hereinafter referred to as the "Ski School") and the contracting party (hereinafter referred to as the "Customer"). The valid version of the GTC shall be determined by the time of the respective offer made by the Customer.
1.2 The Ski School provides services in the field of skiing and snow sports to the Customer. This includes, among other things, the provision of ski, snowboard, 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"). It also includes any childcare services and related services (e.g., catering for children). These GTC apply to all services provided by the Ski School in this context.
1.3 Deviating provisions from these GTC shall only apply upon explicit written agreement between the Ski School and the Customer. Conflicting terms and conditions of the Customer shall have no effect on the business relationships specified in paragraph 1.2.
§ 2 Conclusion of Contract
2.1 A contract between the Ski School and the Customer can be concluded both electronically (by submitting an offer via an online form and acceptance of the contract through a confirmation email) and in the premises of the Ski School.
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 offered by the Ski School. The Ski School will send an order confirmation to the Customer based on such an offer. A contractual relationship between the Ski School and the Customer is only established upon the transmission of this order confirmation.
2.3 The Customer's statement to a Ski School employee expressing the intent to avail themselves of the Ski School's services 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 upon payment for the desired service and the issuance of a payment receipt.
2.4 The booking confirmation and/or the payment receipt serve as proof of the use of the booked service and must be presented by the Customer to the respective course instructor at the start of the course.
2.5 The Ski School is not obligated to inform the Customer of a rejection of online bookings. If the Ski School does not confirm the Customer's offer within a period of 2 (two) weeks from receipt, the Customer's offer is deemed to be rejected.
§ 3 Right of Withdrawal for Contracts Concluded by Telephone, Web Form, or Email
3.1 The services offered are considered a "leisure service" within the meaning of the Distance and Off-Premises Contracts Act (FAGG).
3.2 There is no right of withdrawal for leisure services in accordance with § 18 para. 1 item 10 FAGG.
§ 4 Right of Cancellation
4.1 The Customer is entitled to unilaterally withdraw from the contract in writing (email is sufficient) under the following conditions.
4.2 For a booking, your booking amount will be refunded without any issues up to 7 days before the arrival date. If the cancellation occurs less than 7 days before the arrival date, the right to a refund is forfeited.
4.3 The decisive factor for compliance with the deadline is the receipt of the cancellation letter by the Ski School. To meet the respective deadline, it is necessary for the cancellation letter to be received by the Ski School no later than 24:00h before the deadline. Transmission errors and the like are at the Customer's expense.
4.4 In all other cases, the Customer is not entitled to withdraw without the explicit written consent of the Ski School and must pay the full fee. This applies in particular to cases of non-appearance or late arrival at the agreed-upon appointment.
4.5 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 that no longer ensure safe participation. The same applies if the Customer persistently refuses to follow the instructions of the Ski School, instructors, or caregivers (see paragraph 9.4). In the event of such contract termination, the Customer has no claims; they are particularly obliged to pay the full fee.
§ 5 Impossibility of Performance
5.1 If the provision 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 within the reasonable discretion of the Ski School to assess the impossibility of providing the service, with partial impossibility – e.g., no ski lessons are possible on three out of five days – not affecting the performance of the possible part of the service.
5.2 In the event of (partial or complete) impossibility of performance as stated in paragraph 5.1, the Ski School will refund the proportional fee to the Customer. The Customer is not entitled to any further claims.
5.3 Force majeure, in particular epidemics, pandemics, official measures such as closures, and other unforeseeable and unavoidable events exempt the Ski School from its performance obligations.
5.4 In the event of (partial or complete) impossibility of performance as stated in paragraph 5.3, the Ski School will either issue a credit note for the proportional fee or refund the proportional fee to the Customer. The Customer has the right to choose between these options. The Customer is not entitled to any further claims. Any withdrawal rights under § 10 para. 2 Package Travel Act remain unaffected.
§ 6 Prices, Payment Terms
6.1 All information, particularly 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 indications are in EURO (€) and include VAT 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 their own expense and brought along.
6.4 The Ski School's entitlement to payment from the Customer arises with the conclusion of the contract. Payment becomes due at this time. In the case of online bookings, payment may already be made immediately upon offer submission using one of the payment methods set up for online bookings. If the Ski School does not accept the Customer's offer, any amount already paid will be refunded using the same payment method used by the Customer.
6.5 In the case of other booking methods, such as via email or directly on-site, payment of the course fee can be made within 7 days from the conclusion of the contract by bank transfer to the Ski School's account or in cash on-site. However, payment must be made to the Ski School no later than before the start of the course. All expenses, especially bank charges, associated with the payment for the booked course at the Ski School are borne exclusively by the Customer.
6.6 The Customer can only set off counterclaims that have been legally determined or expressly acknowledged by the Ski School, as well as in the event of the Ski School's insolvency. Legal retention rights are not affected by this contract clause.
6.7 Payment default occurs without further notice from the Ski School. In the event that the Customer is in default of payment, the Ski School is entitled to charge the statutory default interest and all additional costs and expenses, especially collection or attorney fees, against the Customer. In the case of outstanding claims, the Ski School can allocate payments made by the Customer to their outstanding claims regardless of any possible earmarking by the Customer. In the event of non-payment of a claim, all other claims against the Customer become immediately due and payable.
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 arrive at the meeting point of the Ski School or at another location within the ski school area, as announced by the Ski School, in a timely manner before the start of the course.
7.2 The Ski School reserves the right to change the meeting point for courses at short notice. In such cases, Customers will be informed by the Ski School.
7.3 The Ski School reserves the right to conduct a temperature measurement on each Customer before the start of each ski course day, while complying with data protection regulations. In the event of an elevated temperature, fever, or other clear signs of contagious diseases (e.g., COVID-19), which may pose a risk to other ski course participants as well as instructors and caregivers, the Ski School may, at its discretion, exclude the Customer from the lessons. In such cases, the Customer is entitled to either a partial refund of a fee already paid or the issuance of a corresponding credit, at their choice.
7.4 The Ski School undertakes to only use qualified instructors or childcare personnel for the respective service.
§ 8 Limitation of Liability
8.1 In connection with the offered courses, the Ski School does not provide any guarantee for the success of the participants' training.
8.2 The Ski School shall not be liable - except for personal injury - for damages, to the extent that the damages do not result from intentional or grossly negligent conduct by the Ski School itself or a person attributable to it, and the behavior causing the damage does not relate to the main obligations under the concluded contract.
8.3 The Ski School assumes no liability for damages that the Customer or other persons may cause to themselves during the performance of the agreed service, without the fault of the Ski School, or for damages caused by others to the Customer.
8.4 Regardless of fault, the Ski School shall not be liable for loss of profit, pure financial losses, and consequential damages, provided that these exceed three times the consideration for the service.
8.5 The Customer is advised that not wearing a protective helmet may establish contributory negligence on the part of the Customer in the event of injuries. Therefore, the Customer is recommended to wear a protective helmet and other safety equipment recommended for the respective booked service (e.g., avalanche transceiver for off-piste skiing). Helmets and safety equipment typically reduce the risk of injury.
8.6 It is expressly stated that the practice of snow sports involves numerous risks, and there is an increased risk of injury or even death, particularly in the case of tours or descents in open terrain, including the risk of avalanches, which cannot be entirely eliminated.
8.7 The Customer acknowledges that rescue on slopes or in open terrain is often associated with high costs. Therefore, it is recommended that the Customer take out appropriate insurance, especially as the Ski School is not liable for rescue and helicopter rescue costs unless the Ski School or a person attributable to it has caused these rescue and/or helicopter rescue costs through intentional or grossly negligent conduct.
§ 9 Customer Obligations
9.1 The Customer must truthfully and comprehensively inform the Ski School about their skills and experience in the respective snow sports discipline they have booked, as well as independently ensure equipment that is appropriate to the state of skiing technique and external conditions. The Customer must also inform the Ski School about any existing health conditions or impairments.
9.2 Furthermore, the Customer undertakes not to participate in ski courses in the case of febrile infections, contagious diseases, or illnesses accompanied by diarrhea and vomiting. In particular, in the event of COVID-19 symptoms (fever, dry cough, fatigue, difficulty breathing, etc.), the Customer agrees to refrain from participating in ski courses. If the Customer has booked a group course and provides a medical certificate, they may exercise the right of withdrawal as provided for in section 4.4 of these General Terms and Conditions.
9.3 Before the start of the lesson, the Customer must independently arrange for the inspection of their ski equipment (especially ski bindings) by a specialist company.
9.4 The Customer must follow the instructions of the Ski School, instructors, and caregivers. Disregarding instructions and warnings entitles the Ski School to terminate the contract immediately. This also applies if Customers display improper behavior, especially towards other course participants.
§ 10 Data Protection Declaration
10.1 Further information can be found in the Ski School's data protection declaration, which is available at https://www.snowacademy-stanglwirt.com/data-protection.php?lang=eng.
§ 11 Miscellaneous Provisions
11.1 Oral collateral agreements to these terms and conditions do not exist. Any collateral agreements of any kind, changes, or additions require written form to be effective. This also applies to waiving this written form requirement.
11.2 For all disputes arising from legal transactions governed by these terms and conditions, the applicability of substantive Austrian law is agreed upon, to the exclusion of Austrian international private law.
11.3 If the customer is an entrepreneur or a consumer with a residence outside the scope of the EuGVVO or the Lugano Convention (all countries except EU member states, Switzerland, Norway, and Iceland), the court at the registered office of the ski school is agreed upon 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 for the provision of ski school services.
11.4 If the customer is a consumer with a residence within the EU or the scope of the Lugano Convention, the legal provisions regarding jurisdiction apply.
11.5 If one or more of the provisions of these terms and conditions are invalid, those legally effective provisions are expressly agreed upon between the ski school and the customer, which come closest to the economic purpose of the invalid provision. The validity of the remaining provisions is not affected by an invalid provision.
11.6 All rights and obligations arising from these terms and conditions are transferred to any legal successors of the ski school.