1. Scope of the GTC

   1. For business relationships between the SNOWSTARS Turracherhöhe 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”) apply exclusively in the currently valid version. The valid version of the General Terms and Conditions is based on the time the relevant offer was made by the customer.

   2. The ski school provides services to the customer in the field of skiing and snow sports. This includes, among other things, giving skiing, snowboarding and cross-country skiing lessons, guiding and accompanying on ski tours (in the sense of § 1 Para. 1 T-SSG 1995) and related activities (hereinafter referred to as “courses”). Any childcare services and related services (e.g. meals for children) are also included. These terms and conditions apply to all services of the ski school in this context.

   3. Provisions that deviate from these General Terms and Conditions only apply if there is an express written agreement between the ski school and the customer. Contradictory terms and conditions of the customer have no effect on the business relationships listed in point 1.2.

2. conclusion of contract

   1. A contract can be concluded between the ski school and the customer both electronically (submission of an offer via the online form and acceptance of the contract by a confirmation e-mail) and on the business premises of the ski school (conclusion of the contract by handing over a payment receipt).

   2. The sending of a fully completed online form by the customer represents 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 about when this order confirmation is sent.”

   3. The customer's declaration to an employee of the ski school that he wants to use the ski school's services represents a legally binding offer to the ski school to conclude a contract the ski school and the respective customer.

   4. The booking confirmation and/or the proof of payment serve as proof of the use of the booked service and must be presented by the customer to the respective course instructor at the beginning of the course. 

      1. The ski school is not obliged to notify 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 is deemed not to have been accepted. 

3. Right of withdrawal when concluding a contract via telephone, web form or  email​

   1. ​The services offered are a "leisure service" within the meaning of the Long-Distance and Away Business Act (FAGG). ​

   2. According to § 18 Para. 1 Z 10 FAGG there is no right of withdrawal for leisure services.

4. Right of withdrawal 

   1. The customer is entitled to withdraw from the contract in writing (e-mail is sufficient) unilaterally and without any further obligation, in particular without any obligation to pay a fee or a cancellation fee, in accordance with the following conditions.

   2. In the case of private courses, withdrawal is permitted no later than 2 days before the first day of the start of the service without any further obligations on the part of the customer.

   3. In the case of group courses (this means that the customer has booked a group course; bookings for groups of people are not meant) a withdrawal is permitted up to 7 days before the first day of the start of the service without any further obligations on the part of the customer.

   4. In the case of group courses, in the event of illness or an accident that makes participation in the booked service impossible, withdrawal is permitted for the period from the onset of the hindrance if the customer presents the ski school with a medical certificate from a local doctor without unnecessary delay . The ski school issues a credit note for the proportionate fee to be paid.

   5. The receipt of the cancellation letter by the ski school is decisive for meeting the deadline. In order to meet the respective deadline, it is necessary for the cancellation letter to be received by the ski school no later than 24:00 hours before the deadline. Transmission errors and the like are at the expense of the customer.

   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 in the event of non-appearance or late appearance at the agreed time.

   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 means that safe participation can no longer be guaranteed. The same applies if the customer persistently resists the instructions of the ski school, the teachers or the caregivers (see point 9.4). The customer is not entitled to any claims in the event of such a contract termination; in particular, he is also obliged to pay the full fee.​

5. impossibility of performance

   1. If the performance of the service is not possible for safety reasons (e.g. weather conditions, danger of avalanches, etc.), the ski school is not obliged to provide the service. It is at the sole discretion of the ski school to assess the impossibility of providing the service, whereby a partial impossibility - e.g. ski lessons are not possible on three out of five days - does not affect the implementation of the possible part of the service.​

   2. In the event of (partial or total) inability to perform according to point 5.1, the ski school will refund the proportionate fee to the customer within 7 (seven) days. The customer is not entitled to any further claims.

   3. In the event of epidemics, pandemics and related official measures such as the closure of the ski and snowboard school, the special provisions listed below in connection with Covid-19 apply. (Item 13.0)

   4. In the event of (partial or total) inability to perform according to point 5.3, the ski school will either issue a credit for the pro rata fee or pay the pro rata fee within 14 (fourteen)  days back to the customer. The customer has the right to choose in this regard. The customer is not entitled to any further claims. A possible right of withdrawal according to § 10 paragraph 2 of the Package Travel Act remains unaffected.

6. Prices, payment methods

   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. 

   2. All prices are in EURO (€) and are gross including any statutory sales tax, unless otherwise stated.

   3. Costs for ski tickets or ski equipment are not included in the course fees. These are to be purchased and brought by the customer at their own expense.

   4. The ski school's claim to payment from the customer arises upon conclusion of the contract. At this point payment is due. In the case of online bookings, however, payment is 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.

   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 14 days of conclusion of the contract by bank transfer to the ski school account or in cash on site; however, it must 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 are borne exclusively by the customer. 

   6. The customer can only offset counterclaims that have been legally established by a court or expressly recognized by the ski school, as well as in the event of the ski school’s insolvency. Statutory rights of retention are not affected by this contractual clause. 

   7. Default of payment occurs without further notification from the ski school. In the event that the customer is in arrears with a payment, the ski school is entitled to charge the customer the statutory interest on arrears and all additional costs and expenses incurred, in particular collection or legal costs. In the case of open claims, the ski school can offset any payments made by the customer against their open claims, regardless of any dedication by the customer. In the event of non-payment of a claim, all other claims against the customer are also due immediately. 

   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. performance

   1. The customer must arrive at the ski school meeting point or at another location in the ski school area announced by the ski school in good time before the course begins.​

   2. The ski school reserves the right to change the meeting point of the courses at short notice. In these cases, customers will be informed by the ski school.​

   3. The ski school reserves the right to measure the temperature of each customer before the start of each day of the ski course, in compliance with data protection regulations, and in the event of an elevated temperature, fever or other clear signs of contagious diseases (e.g. COVID-19) that pose a risk for other ski course participants as well as for teachers and caregivers to exclude the customer from the lesson at their own discretion. In these cases, the customer has the right to either a pro rata refund of a fee already paid or a corresponding credit note.

   4. ​The ski school undertakes to only use teachers or childcare staff qualified for the respective service. 

8. Limitation of Liability

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

   2. With the exception of personal injury, the ski school is not liable for damage unless the damage is due to intentional or grossly negligent behavior on the part of the ski school itself or a person attributable to it and the behavior causing the damage does not relate to the main duties resulting from the concluded contract._cc781905-5cde -3194-bb3b-136bad5cf58d_

   3. The ski school assumes no liability for damage that the customer inflicts on himself or other people or is inflicted by them during the performance of the agreed service through no fault of the ski school. 

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

   5. The customer is advised that not wearing a crash helmet in the event of injury may constitute contributory negligence on the part of the customer, which is why the customer is recommended to wear a crash helmet and other safety equipment recommended for the service booked (e.g. avalanche transceiver for trips in open terrain). to wear or, in the case of avalanche equipment, to carry with you. Crash helmets and safety gear usually reduce the risk of injury. 

   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 from avalanches, particularly on tours or descents in open terrain, which cannot be completely ruled out.

   7. The customer acknowledges that a rescue from slopes or in open terrain is often associated with high costs. The customer is therefore recommended 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 caused these rescue and/or air rescue costs through intentional or grossly negligent behavior.

9. Customer Obligations

   1. The customer must inform the ski school truthfully and comprehensively about his abilities and experience in the snow sport booked in each case and must independently ensure that the equipment corresponds to the state of the art in skiing and the external conditions. The customer must report any health problems or impairments to the ski school. 

   2. Furthermore, the customer undertakes not to take part in the ski course in the event of feverish infections, contagious illnesses or illnesses associated with diarrhea and vomiting. In particular, if COVID-19 symptoms (fever, dry cough, tiredness, breathing difficulties, etc.) occur, the customer undertakes to refrain from participating in the ski course. If the customer has booked a group course, he can exercise the right of withdrawal provided for in point 4.4 of these General Terms and Conditions upon presentation of a medical certificate. 

   3. Before the start of the lesson, the customer is responsible for having his ski equipment (particularly ski bindings) checked by a specialist company.

   4. The customer must follow the instructions of the ski school, the teachers and the caregivers. Disregard of instructions and warnings entitle the ski school to immediately terminate the contract. This also applies if customers behave improperly, especially towards other course participants.

10. Privacy Policy 

    1. Further information can be found in the data protection declaration of the ski school, which can be accessed in the IMPRINT.​

11. Other Provisions

    1. Verbal ancillary agreements to these General Terms and Conditions do not exist. Subsidiary agreements of any kind, changes or additions must be made in writing to be effective. This also applies to deviating from this written form requirement.​

    2. The applicability of substantive Austrian law, to the exclusion of Austrian international private law, applies to all disputes arising from legal transactions based on these GTC. 

    3. If the customer is an entrepreneur or consumer residing outside the scope of the EuGVVO or the Lugano Convention (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 the ski school and the customer regarding the provision of ski school services, the factually and locally competent court at the ski school's registered office is agreed as the exclusive competent court. 

    4. If the customer is a consumer resident within the EU or the area of application of the Lugano Convention, the statutory provisions on jurisdiction shall apply.

    5. If one or more of the provisions of these General Terms and Conditions is/are void, such legally effective provisions shall be expressly agreed between the ski school and the customer which come closest to the economic purpose of the invalid provision. The effectiveness of the remaining provisions is not affected by a void provision. 

    6. All rights and obligations from these terms and conditions are transferred to any legal successors of the ski school.

12. Online offers and online bookings:
    All services of the ski & snowboard school that are based on online inquiries and orders using the internet or other online services are also subject to these terms and conditions.
     
    1.   Content of the online offer:
    The ski & snowboard school (hereinafter referred to as "author") assumes no liability for the topicality, correctness, completeness or quality of the information provided.
    Liability claims against the author, which refer to any kind of material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are excluded in principle, provided that the author has no demonstrably serious fault exists.
     
    All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the website or the entire offer or to temporarily or permanently cease publication without prior notice.
     
    2.  References ("Links"):
    In the case of direct or indirect references to recognizable third-party websites ("links", "hyperlinks", "deep links") that lie outside the area of responsibility of the author, the author is not liable, unless he has prior to the respective link has demonstrably become aware of illegal content on the relevant website or copyright infringements and, after actually becoming aware of it, grossly culpably failed to prevent or prohibit use by third parties in the case of illegal content, provided that this would have been technically possible and reasonable for him.
     
    The author hereby expressly declares that no illegal content was recognizable or known on the linked websites at the time the link was set. The author has no influence whatsoever on the current and future design, the content or the authorship of the linked websites. The author hereby expressly distances himself from all content on all linked websites that were changed after the linking or linking was carried out. This applies to all links and references set within our own website as well as to all third-party entries in guest books, discussion forums, mailing lists, etc. set up by the author.
     
    The provider of the website to which reference was made is solely liable for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information, but not the person who merely refers to the respective publication via links.
     
    3.  Copyright and trademark law:
    The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts he has created himself or to use license-free graphics, sound documents, video sequences and texts.
     
    All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark and labeling law, the other relevant legal norms and the property rights of the respective registered owner.
    Simply because of the mere naming, it should not be concluded that trademarks are not protected by the rights of third parties.
     
    The copyright for published objects created by the author himself remains solely with the author of the respective website. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
     
    4.  Photographs, consent and customer's right of withdrawal:
    By accepting these terms and conditions, the customer gives the Ski & Snowboard School (author) the express consent and consent to the production of photographs as part of the provision of services and publication of these photographs on the website or Facebook page (or in the social media channel ) of the ski & snowboard school.
    No rights of any kind can be derived from this on the part of the customer and this is expressly waived by accepting these General Terms and Conditions.
    The customer can revoke the consent and consent to the publication of demonstrably showing photos of him or his child on the website or the Facebook page (or in the social media channel) of the Ski & Snowboard School in writing to the author at any time, stating the specific photo .
     
     

13. Provisions related to COVID-19 (SARS-CoV-2 virus or CORONA virus): 

Obligations and declarations of the customer or course participant:

The customer is generally aware of the occurrence of the worldwide Covid-19 pandemic and the resulting restrictions.

 

In this context, the customer is obliged to find out about any existing restrictions, rules of conduct and recommendations for action related to the region in which the ski & snowboard school is located. This also includes the applicable COVID-19 regulations for accommodation and cable car companies.

 

The customer is aware that he is responsible for complying with rules of conduct such as regular hand washing with soap and water and other hygiene measures, keeping his distance, possibly wearing a mouth and nose protector where keeping a distance is not possible or even mandatory Coughing and sneezing into a tissue or the crook of your arm and not making physical contact greetings can help prevent him from spreading the virus further.

 

The customer must follow all relevant instructions from the ski and snowboard school or the ski rental that serve to ensure the health safety of the contracting parties. These instructions apply to the premises of the Ski & Snowboard School, the meeting point or assembly point and all locations that are visited during the lesson.

 

The customer also assures that they will follow the corresponding instructions and rules of conduct that are communicated by third parties such as lift or cable car companies, accommodation providers, catering establishments or other companies and that the customer makes use of in connection with the use of the services of the ski and snowboard school , to comply with and to obey.    

 

The customer declares that they have not had any symptoms of illness typical of COVID-19 in the last 14 days before the first participation in the course. He also states that, to the best of his knowledge, he has not had any contact with people infected with COVID-19.

 

The customer declares that if symptoms of illness such as a dry cough, shortness of breath, loss of sense of taste or smell, sore throat or fever occur before the start of a lesson, they will stay away from the lesson and contact the health helpline on 1450 to get there to make further clarifications. This also applies if the customer fears that he or she may be suffering from COVID-19 or an illness that has not yet been medically clarified.

 

Should relevant symptoms or the fear of being ill with COVID-19 arise during the lesson, the customer will inform the ski & snowboard school immediately so that the customer can be isolated from other people immediately.

 

The customer acknowledges that the occurrence of a COVID-19 infection or the detection of an infection, even in the case of another customer of the ski & snowboard school, may result in the ski & snowboard school having to cancel the performance of the contractual service and all customers attending classes will subsequently be quarantined or subject to COVID-19 testing at the customer's own expense.

 

The customer acknowledges and agrees that his personal data will be used for the purpose of tracking the ski & snowboard school ("contact tracing" in connection with COVID-19). 

 

Special provisions for contractual relationships:

 

The performance of the service is possible for the ski & snowboard school:

If the fulfillment of the contractual service is possible for the ski & snowboard school and the customer does not take part in the lessons, the provisions set out under the above “Terms of Withdrawal” apply accordingly.

This also applies if the customer cancels or has to cancel his or her participation in the lesson due to a COVID-19 infection that has been proven or feared by the customer before or during the performance of the contract by the ski & snowboard school.

 

The performance of the ski & snowboard school is in any case possible as long as the use of piste areas in the ski area where the ski & snowboard school has its branch is not completely prohibited or the cable car or lift operation is not completely stopped,

The closure of any accommodation facility used by the customer, the closure of third-party operations or the occurrence of infections in third parties in the town or region of the Ski & Snowboard School branch does not make it impossible for the Ski & Snowboard School to perform its services.

The same applies to all possible departure obligations or departure recommendations that the customer may have due to corresponding travel warnings or recall campaigns by states for their own nationals if these were foreseeable for the customer due to the information obligations affecting him or should have been foreseeable.

 

The performance of the service is not possible for the ski & snowboard school in whole or in part:

In the following cases, the Ski & Snowboard School's obligation to provide services for the contract period does not apply in whole or in part and the customer receives a voucher that can be redeemed later for a corresponding later lesson period, unless the customer requests in writing the corresponding reimbursement of a fee he has already paid:

• official company closures or general company closures, if this also affects the operation of the ski & snowboard school,

• official cessation of the operation of all lift and cable car operations if operation is absolutely necessary for the performance of the ski and snowboard school,

• officially ordered quarantine for the entire town or region where the ski & snowboard school is located, or

• Compulsory, sovereignly ordered departure obligation affecting the customer if he could not count on it.

 

The ski and snowboard school's obligation to perform also lapses if ski or snowboard instructor accommodation used by the ski or snowboard instructor of the respective ski and snowboard school is due to one or more COVID- 19 infections are affected by official closures or other health precautions such as quarantine measures or ordered isolation, and as a result at least 10% of the number of teachers at the ski & snowboard school are absent. In particular, the Ski & Snowboard School is not obliged to purchase additional teaching services.

 

Special liability provisions:

 

The ski & snowboard school assumes no liability for any damage and consequential damage or other disadvantages of any kind that the customer incurs or could incur in connection with the occurrence of COVID-19 infections.

This also applies in particular if the customer should become infected during the provision of the contractual services or an infection should have come from the Ski & Snowboard School despite compliance with the appropriate precautions. 

 

If the provision of services for the ski & snowboard school is not possible in whole or in part for one or more of the above reasons, the ski & snowboard school is liable for all damage and consequential damage or other disadvantages that may occur on the part of the customer (e.g lost holiday joy, any frustrated expenses, any costs in connection with the arrival and departure, any costs and disadvantages of any kind in connection with a voluntary or mandatory early termination of the stay or a related early departure, from accommodation establishments or third-party establishments advance payments received or cancellation costs to be paid, any costs in connection with expired lift tickets, costs for COVID-19 tests or other health-related measures, all conceivable additional disadvantages of any kind, etc.), excluded in any case._cc781905-5cde-3194-bb3b- 136bad5cf58 d_      

 

If the provision of services for the ski & snowboard school is possible in whole or in part (cf. the relevant provisions above) and the customer must cancel the lessons due to a proven or suspected COVID-19 infection in the customer before or during the performance of the contract by the ski & snowboard school cancel, point 5 applies. Conditions of cancellation.

 

The Ski & Snowboard School reserves the right to measure the fever of each customer before the start of each course or at the beginning of each course day. In the case of increased temperature, fever or other clear signs of contagious diseases such as COVID-19, the ski school can exclude the customer from the lesson at its own discretion.

In these cases, the customer has the right to either a pro rata refund of a fee already paid or a corresponding credit note.