Conditions

General terms and conditions of the ski school & Rennschule Ingrid Salvenmoser. (hereinafter referred to as the ski school)

1. Scope:

1.1. For legal transactions between the ski school and the customer, the following general terms and conditions (hereinafter referred to as “GTC”) apply exclusively in their current version. The ski school does not recognize deviating conditions of the customer, unless the ski school   has expressly consented to their validity in writing. The object of the company is the operation of a ski school (snow sports school), which includes in particular services such as the provision of lessons in the knowledge and skills of skiing and snowboarding (although this is done without guarantee of a certain training success) and leading and accompanying skiing (skiing -Guiding). All different terms and conditions are invalid with the appearance of these terms and conditions.

1.2. The customer's information is processed in an automated manner. The customer agrees to receive information material from the ski school for advertising purposes on a case-by-case basis.

2. Conclusion of a contract:

2.1. The contract between the ski school and the customer comes through the reservation in the   office of the ski rental Rainer 6351 Scheffau, Dorf 29 or one of the other booking offices of the ski school (e.g. in hotels or sports shops) and the subsequent confirmation of the reservation by the ski school  . The reservation confirmation is decisive for the scope of the services to be provided; Verbal or telephone side agreements only apply with explicit, written confirmation from the ski school. The service booked by the customer must be transferred to the account of the ski school for transfer, or paid for and handed over to the course ticket in the office before the service is used. When booking at a booking office,

2.2. The reservation confirmation for a service selected by the customer cannot be exchanged for a reservation for another service without the written consent of the ski school. If the other service is more expensive than the original, the difference must be paid to the ski school  . If the new service selected by the customer is cheaper than the original, the difference will not be refunded. A cash redemption of the booking confirmation is not possible in any case.

3. Prices:

3.1. Unless otherwise stated, the prices quoted by the ski school are inclusive prices; this also includes the statutory value added tax at the currently applicable rate.

3.2. We reserve the right to change prices or programs and to correct printing errors.

4. Description of the experience and changes to services

4.1. The ski school   endeavors to describe the services offered as specifically and correctly as possible. However, the individual service processes may be subject to changes (e.g. due to weather conditions).

4.2. The photographs, sketches etc. used by the ski school   are for general description only. Such photos (e.g. actions, people, situations, etc.) are of course not binding.

4.3. Changes to the content of the services cannot be ruled out, but only take place if necessary. This will be communicated to the customer after becoming aware of this. If the change concerns an essential content of the service and is also - compared to the booking - significant, the customer is entitled to withdraw from the contract free of charge.

5. Requirements for participation in the services of the ski school, equipment:

5.1. Participation in certain services (e.g. powder snow skiing, variants, freeriding) requires a minimum of personal suitability. After the reservation has been made, the customer is responsible for ensuring that he or the person who is to take part in the respective event also meets these minimum requirements. A refund of the price for the reservation is in any case excluded in the event that the minimum requirements are not met. In any case, the customer will inform the ski school truthfully and comprehensively about his skills and experience in skiing and wear equipment that is state-of-the-art and the external conditions. The duty to provide information relates in particular to any ailments of the customer.

5.2. All service provision takes place in the open air and is naturally subject to weather influences that cannot be influenced. If necessary, weather conditions should be checked with the ski school   shortly before or on the day the service is provided. If a booked service cannot be carried out due to weather conditions, this represents the risk of the customer, it is up to the ski school whether the service is provided later or not. In any case, the ski school   is not obliged to assume any associated or arising costs or damage (e.g. travel costs, accommodation costs, vacation, etc.).

5.3. If the customer or participant does not use the service booked with the ski school or does not do so in time, there is no entitlement to a refund of the service price.

6. Failure to redeem booking confirmations, cancellation, notices of defects:

  6.1. By confirming the reservation of the ski school or one of its booking offices, the customer acquires the right to participate in the service of the ski school booked by him. The booking confirmation is transferable and can be redeemed by any person (however suitable for the respective service).

6.2. If the customer does not appear for the booked service, the booking confirmation or the booked day expires without replacement. The customer has to postpone any postponements, which are otherwise only permitted for an important, demonstrable reason, in good time with the ski school.

6.3 If the customer is injured or falls ill, it is at the discretion of the ski school whether or not the service that has not yet been provided but has already been paid for is reimbursed - the prerequisite for this is, in any case, a medical certificate from a local doctor.

6.4 The customer must report any complaints or notices of defects immediately to the ski school office (see point 2.1 above) in order to give the customer the opportunity to meet any (justified) warranty claims of the customer. In the event of culpable failure to do so on the part of the customer, the customer has no right to a reduction in payment or (partial) compensation of the fee. Claims against the ski school must be made by registered letter within 4 weeks of their occurrence and justified accordingly.

7. Withdrawal by the ski school, group merging:

7.1. Despite the booking confirmation, the ski school is entitled to withdraw from the contract for important reasons. Important reasons are, for example, if - the performance of the service is impossible due to force majeure - the minimum number of participants specified in the description of the service is not reached - the customer's requirements in terms of point 5.1 above are not met

7.2. If the ski school withdraws from the contract for an important reason, the customer will be immediately reimbursed the booking price. Further claims by the customer, in particular claims from the title of compensation (e.g. travel expenses) are excluded.

7.3 If the group is reduced to three participants, the ski school has the right to join the group with another group.

8. Changes to the terms and conditions, form of declarations

8.1. Changes or additions to these terms and conditions must be made in writing to be effective. The same applies to the waiver of the written form requirement.

  8.2. Legally relevant declarations and notifications to the ski school must be made in writing.

9. Liability for damage

  9.1. In the event of damage, the liability of the ski school   and the persons who use the ski school is limited to the case of willful intent or gross negligence, regardless of the legal reason, whereby liability only applies to those damages that are related to the Activities of the ski school are directly related.

10. Withdrawal from the contract, compliance with instructions

10.1. If the service is significantly weighed down, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, or if the customer's safety is no longer guaranteed, both the customer and the ski school can withdraw from the contract after examining a possible delay or suggesting an equivalent replacement program step back. In this case, the customer receives the paid service price back; there are no further claims. If the contract is terminated, the ski school   can demand appropriate compensation for the services that have already been provided or that are still to be performed to end the service.

10.2. If a customer is unable to cope with a service due to a misjudgment of his ability to perform, he is not entitled to withdraw from the contract. In this case, the customer is not entitled to a refund of the service price.

10.3 The ski school groups are divided by the ski school. If the customer needs to be downgraded, the customer must accept this decision, otherwise the ski school is entitled to withdraw from the contract.

10.4 In addition, the customer must follow all instructions from the ski school  . Failure to comply entitles the ski school   to withdraw from the contract immediately, whereby the customer is not entitled to an (aliquot) refund of the fee already paid. The same applies in the event that the customer is under the influence of alcohol or drugs.

11.Availability

11.1. Participation in the service depends on its availability. Information on general service availability (e.g. time, location, etc.) is contained in the service descriptions.

12. Pictures, video recordings, etc.

12.1. The customer gives his irrevocable consent to the effect that the ski school itself or the respective organizer is entitled to take photos, video recordings, etc. when the service is provided, also on which the customer can be seen, and the same for an unlimited period, in particular for advertising and Marketing purposes in any form to use (in particular for folders, Internet, etc.). The customer also agrees that his other data can be processed in an automated manner and used and passed on by the ski school for advertising and marketing purposes. The customer does not have any claims of any kind - especially of a financial nature - against the ski school.

13. Applicable law, place of jurisdiction, place of performance

13.1. Austrian law applies exclusively to the contractual relationship between the ski school and the customer. The applicability of UNCITRAL as well as provisions of international private law are mutually excluded. 6351 Scheffau is the place of performance for deliveries and payments.

13.2. For any disputes arising from or in connection with the business relationship, the Kufstein District Court is agreed to with the exclusion of the general place of jurisdiction, regardless of the amount in dispute.

  13.3 The place of performance is A-6351 Scheffau, Dorf 29.

14. Severability Clause

14.1. Should individual provisions of these terms and conditions be or become void, contestable or inapplicable, all other provisions of the terms and conditions remain unchanged and effective. Regarding the void or ineffective provisions, provisions are deemed to be agreed which are valid and which come closest to the interests originally pursued with the now ineffective provision. Until then, effective provisions are deemed to have been agreed which best protect the interests originally pursued. Scheffau, on December 10th, 2018