These General Terms and Conditions apply to
Ski & Snowboard Schools operating in the Province of Salzburg
1 General and scope of these GTC:
Unless expressly agreed otherwise in writing, these General Terms and Conditions (hereinafter: GTC) apply exclusively in the respective valid version for all legal transactions, contractual relationships and legal relationships that are concluded or established between the Ski & Snowboard School in the SalzburgerLand (hereinafter: Ski & Snowboard School) and its contractual partner (hereinafter: Customer). Contradictory terms and conditions of the customer have no effect on the legal relationship with the Ski & Snowboard School.
The object of the Ski & Snowboard School is the operation of snow sports schools within the meaning of the Salzburg Ski and Snowboard School Act. These GTC apply in this context to all services provided or arranged by the Ski & Snowboard School to the customer and/or to persons for whom the customer has entered into legal relations with the Ski & Snowboard School (associated persons insofar as provisions in these GTC also apply to them hereinafter: customer or course participant).
Services in the field of skiing and snow sports are in particular
- the provision of instruction (individual or group courses) in the skills and knowledge of snow sports (without guarantee of a specific training success), as well as in the skills and knowledge of guiding and accompanying snow sports, which includes skiing and snowboarding, but also cross-country skiing and snowshoeing, etc,
- the provision or arrangement of skiing or snowboarding equipment (snow sports equipment) by the Ski & Snowboard School at the request of the customer within the framework of or to enable the lessons (ski or snowboard rental or rental of all or part of the skiing or snowboarding equipment, in short: rental or rental services), whereby the Ski & Snowboard School is entitled to use subcontractors (ski or snowboard rental companies) for the provision or arrangement of snow sports equipment,
- the related activities such as any childcare services and related services (e.g. catering for children).
2. offers of the Ski & Snowboard School, bookings or offer of the customer, conclusion of contract, price quotations, prices:
2.1 All offers of the Ski & Snowboard School are always subject to change.
2.2 Bookings for individual and group courses as well as for rental can be made by the customer in person on site, but also via the Internet, by fax or by telephone. Bookings or declarations made by the customer to an employee of the Ski & Snowboard School do not constitute an obligation for the Ski & Snowboard School to conclude a contract, but represent a binding offer by the customer that can be accepted by the Ski & Snowboard School. The Ski & Snowboard School is not obliged to inform the customer of a non-acceptance of the offer or a rejection of online bookings. If the offer of the customer is not confirmed within a period of two weeks from receipt, the offer of the customer is in any case considered not accepted. The written booking confirmation or the handed out payment voucher or the course card of the Ski & Snowboard School is exclusively decisive for the scope of the contractual performance. Verbal or telephone side agreements are only valid with express written confirmation by the Ski & Snowboard School.
2.3 A conclusion of contract between the Ski & Snowboard School and the customer is possible both electronically (submission of an offer by the customer via online form and subsequent acceptance of the contract on the part of the Ski & Snowboard School by written booking confirmation) and in the business premises of the Ski & Snowboard School (conclusion of contract by handing over a payment voucher to the customer). Only through the transmission of the booking confirmation or the handing over of the payment voucher a contractual relationship between the Ski & Snowboard School and the customer comes into being. 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 beginning of the course.
The Ski & Snowboard School offers services that are provided in connection with leisure activities and for which a specific time or period is contractually provided. Therefore, there is no right of withdrawal when concluding a contract via telephone, internet or e-mail.
2.4 All information about prices in price lists of the Ski & Snowboard School, price lists on the Internet, in brochures, advertisements or other information carriers or online price inquiries are without guarantee and are non-binding for the Ski & Snowboard School. We are not liable for any printing errors. The Ski & Snowboard School reserves the right to make changes at any time.
2.5 All prices quoted by the Ski & Snowboard School are in EURO (€) and include any statutory VAT, unless otherwise agreed.
3. terms of payment:
3.1 Costs for lift tickets (ski tickets) or for ski equipment (rental) are not included in the course costs. These are to be purchased by the customer at his own expense and brought along. If the Ski & Snowboard School offers the rental of snow sports equipment, an additional fee may be charged for this.
3.2 The claim for payment of the Ski & Snowboard School against the customer arises with the conclusion of the contract. At this time, the payment of the contractual fee is due.
3.3 In all cases, the course costs and costs of additional services (e.g. rental), therefore the contractual fee must be paid by the customer before the start of the course and the amount must be received by the Ski & Snowboard School, otherwise the customer is not entitled to use the services of the Ski & Snowboard School. In all cases, the course card (voucher) will be issued only after full payment has been received by the Ski & Snowboard School. Without a course card, participation in lessons is not possible.
3.4 If no other written agreements have been made, a deposit of at least 50% of the invoice amount must be paid by the customer immediately after receipt of the written order confirmation for contracts concluded via the Internet, fax, e-mail or other means of remote communication and which concern individual and group courses as well as rental services. This deposit must be received on the account of the Ski & Snowboard School three working days before the start of the service provision. The remaining amount must be paid and received by the Ski & Snowboard School in any case before the start of the service provision and therefore before the start of the course.
For contracts concluded at the place of performance, the fee for the service to be provided must be paid in full before the start of the course at the office of the Ski & Snowboard School in cash or by using customary electronic means of payment.
If expressly agreed in writing with the Ski & Snowboard School in individual cases, the total amount of the course fees can also be paid in cash directly to the ski instructor or to a person of the Ski & Snowboard School authorized to receive the course fees immediately before the start of the service.
3.5 All expenses - in particular bank charges - in connection with the payment of the services booked with the Ski & Snowboard School shall be borne exclusively by the customer.
3.6 Default of payment occurs without further notice of the Ski & Snowboard School. In case of default of payment, the Ski & Snowboard School is entitled to charge the legal default interest and all additional costs and expenses, in particular collection or lawyer's fees, to the customer. In the case of outstanding claims, the Ski & Snowboard School can set off payments made by the customer against the customer's outstanding claims at will, regardless of any dedication by the customer. In case of non-payment of a claim, all other claims against the customer are also due immediately.
4. online offers and online bookings:
All services of the Ski & Snowboard School that are provided on the basis of online inquiries and orders using the Internet or other online services are also subject to these GTC.
4.1 Content of the online offer: The Ski & Snowboard School (hereinafter referred to as "Author") assumes no responsibility for the timeliness, accuracy, completeness or quality of the information provided. Liability claims against the author, which refer to any kind of material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information, are generally excluded, unless there is evidence of serious fault on the part of the author.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the website or the entire offer without prior notice or to discontinue the publication temporarily or permanently.
4.2 References ("Links"): The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages, he has demonstrably gained knowledge of illegal contents of the respective Internet pages or copyright infringements prior to the respective linking and has grossly culpably omitted to prevent or prohibit the use by third parties in the case of illegal contents after actual knowledge has been gained, provided that this would have been technically possible and reasonable for him.
The author hereby expressly declares that at the time the links were created, no illegal content was identifiable or known on the linked websites. The author has no influence whatsoever on the current and future design, content or authorship of the linked or referenced websites. The author hereby expressly dissociates himself from all contents of all linked or connected Internet pages that have been changed after the link or connection was made. This applies to all links and references set within the author's own website as well as to all third-party entries in guest books, discussion forums, mailing lists, etc. set up by the author.
For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, the provider of the website to which reference was made shall be solely liable, but not the person who merely refers to the respective publication via links.
4.3 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 created by himself or to use license-free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned on the website and, if applicable, protected by third parties, are subject without restriction to the provisions of the applicable brand name and trademark law, the other relevant legal standards and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4.4 Photographs, consent and right of withdrawal of the customer: By accepting these GTC, the customer grants the Ski & Snowboard School (author) the express consent and agreement to the production of photographs in the context of the provision of services and publication of these photographs on the website or Facebook page (or social media channel) of the Ski & Snowboard School. On the part of the customer no rights whatsoever can be derived from this and is expressly waived by acceptance of these GTC. The customer can revoke the consent and agreement to the publication of photographs showing him or his child on the website or the Facebook page (or in the social media channel) of the Ski & Snowboard School to the author in writing at any time, stating the specific photograph.
5. cancellation conditions:
5.1 For individual courses or courses for a group of people, withdrawal from the contract is possible up to 24 hours before the start of the course without incurring a cancellation fee. The withdrawal must be declared in writing. The receipt of the cancellation letter by the Ski & Snowboard School is decisive for meeting the deadline, whereby transmission errors and the like are at the expense of the customer. In the case of a free cancellation, depending on the payment method, a processing fee of up to 5% may apply.
If, on the other hand, the cancellation occurs at a later point in time, the Ski & Snowboard School is entitled to charge the agreed upon rate to the extent of a full daily rate or, in the case of a booking for a half day or by the hour, to charge the applicable pro-rata daily or hourly rate.
5.2 For group courses (the customer has booked a group course; not meant are bookings for groups of persons), a refund of payments already made is only possible in case of accident or illness upon immediate presentation of a medical certificate from a local doctor. The amount to be refunded will be recalculated on the basis of the services actually provided for that period. The total amount will be reduced as a result, but the daily rates may increase.
5.3 In all other cases, the customer is generally not entitled to withdraw from the contract without the express written consent of the ski school and must pay the full fee. In case of non-appearance or late appearance at the agreed course date or withdrawal during an ongoing service, no refund will be made.
5.4 The Ski & Snowboard 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 and safe participation is no longer guaranteed. The same applies if the customer persistently disobeys the instructions of the ski school, the instructors or the supervisors. The customer is not entitled to any claims in case of such a termination of the contract. In particular, he is also obliged to pay the full fee.
6. impossibility of the service
6.1 If the performance of the service is not possible for safety reasons (e.g. weather conditions, avalanche danger, etc.), the Ski & Snowboard School is not obliged to provide the service. It is solely at the reasonable discretion of the Ski & Snowboard School to assess the impossibility of providing the service, whereby a partial impossibility - e.g. on three out of five days no ski lessons are possible - does not affect the implementation of the possible part of the service. In the event of the relevant (partial or total) impossibility of performance, the Ski & Snowboard School will repay the pro rata fee to the customer within 14 (fourteen) days. The customer is not entitled to any further claims.
6.2 Force majeure or other unforeseeable and unavoidable events release the Ski & Snowboard School from its obligations to perform, if these are affected. In the event of (partial or total) impossibility of performance, the Ski & Snowboard School will either issue a credit note for the pro-rata fee or return the pro-rata fee to the customer within 14 (fourteen) days. In this regard, the customer has the right to choose. The customer shall not be entitled to any further claim. Any right of withdrawal pursuant to § 10 (2) of the Package Travel Act shall remain unaffected.
6.3 In the event of epidemics, pandemics and related official measures such as closures of the Ski & Snowboard School, the special provisions listed below apply in connection with COVID-19 (SARS-CoV-2 virus or CORONAVirus).
7. general conditions of participation:
7.1 Participation, meeting point: The participation of the customer in the lessons of the Ski & Snowboard School is only possible with a valid course ticket. In order to provide the service, the customer must be present at the meeting point of the Ski & Snowboard School or at another location in the ski school area announced by the Ski & Snowboard School in good time before the start of the course. The Ski & Snowboard School reserves the right to change the meeting place of the courses at short notice - in these cases the customer will be informed by the Ski & Snowboard School.
7.2 Obligations of the customer: The customer has to inform the Ski & Snowboard School truthfully and comprehensively about his skills and experience in the respective booked snow sport at the beginning of the course. He has to inform the Ski & Snowboard School about his state of health and any ailments that may affect the practice of snow sports or may become acute during the practice of this sport. Furthermore, the customer undertakes not to participate in lessons in case of feverish infections, contagious diseases as well as illnesses accompanied by diarrhea and vomiting. Especially in case of COVID-19 symptoms (fever, dry cough, fatigue, respiratory problems, etc.) the customer is obliged to refrain from participating in the lessons. If the customer has booked a group course, he can make use of the right of withdrawal provided for this purpose upon presentation of a medical certificate.
The customer has to take care of and pay for his own equipment, which is appropriate to the state of the art of snow sports and the external conditions. If the customer uses his own snow sports equipment, the customer must arrange for the appropriate technical inspection of the snow sports equipment and the binding (in particular: ski or snowboard binding) by a specialist company before the start of the lesson. The Ski & Snowboard School may prohibit the customer from participating in the course with technical equipment that endangers safety or is defective until the customer has arranged for the defect to be remedied, without the customer being entitled to a reduction of the fee for missed lessons.
The grouping as well as the classification of the customer is made by the Ski & Snowboard School according to the customer's ability - should a downgrading of the customer be necessary, the customer has to follow this decision. Otherwise, the Ski & Snowboard School is entitled to terminate the contract immediately, without the customer behaving contrary to the contract being entitled to reclaim the payment made.
The customer must strictly and accurately follow and comply with instructions of the Ski & Snowboard School. The disregard of instructions and admonitions entitle the Ski & Snowboard School to immediately terminate the contract. This also applies if the customer shows improper behavior, especially towards other customers or course participants. In all these cases, the customer has no right to a refund of the fee paid.
If the number of group members for group courses decreases to less than 5 (five) persons, the Ski & Snowboard School reserves the right to combine groups or to reduce the lessons accordingly.
8. complaints:
Any complaints and grievances are to be made known by the customer to the respective office of the Ski & Snowboard School immediately on site, in order to enable a quick remedy and to continue the provision of the service. If the customer does not exercise his right to complain immediately, in any case not until the end of the service provision, any claims for reduction of the fee can no longer be considered. Other claims against the Ski & Snowboard School must be asserted and substantiated in writing no later than four weeks after the cause of the claim arose or became known.
9. liability-relevant notes and recommendations, limitations of liability:
9.1 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.
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, because the Ski & Snowboard School is not liable for rescue and flight rescue costs, unless these rescue and / or flight rescue costs were caused by the Ski & Snowboard School or a person attributable to it by intentional or grossly negligent behavior.
The customer of the Ski & Snowboard School and all course participants are strongly recommended to take out health, accident, liability and foreign health insurance.
9.2 The Ski & Snowboard School is liable in accordance with the statutory provisions exclusively for damages and consequential damages resulting from conduct causing damage concerning the main obligations under the concluded contract and which were caused intentionally or by gross negligence by it or persons attributable to it, whereby the exclusion of liability applies to contractual and tortious claims for damages of any kind, but not to personal injury. Corresponding liability insurances on the part of the Ski & Snowboard School exist.
The Ski & Snowboard School is not liable in any case if the customer injures his body, suffers damages or causes damages of any kind in disregard of the instructions of the Ski & Snowboard School, in disregard of the FIS slope rules, other legal orders or provisions of these GTC. If the customer suffers damages that can be traced back to snowsport equipment provided to the customer, the customer will indemnify and hold harmless the Ski & Snowboard School accordingly.
The Ski & Snowboard School assumes no liability for damages caused by the customer to himself or other persons during the performance of the agreed service through no fault of the Ski & Snowboard School. The same applies to corresponding damages caused to him by third parties.
The respective Ski & Snowboard School is in no case liable for damages of any kind, which arise for the customer from a non-professional or only insufficiently carried out check, adjustment or maintenance of his equipment. Each customer is responsible for the technical safety and freedom from defects of his own equipment and has to pay for any resulting damage himself.
Regardless of fault, the Ski & Snowboard School is not liable for lost profits, pure financial losses and consequential damages, as far as these exceed 3 times the service fee. As far as the customer of the Ski & Snowboard School is an entrepreneur (e.g. travel agency or tour operator), the limitation period for the assertion of claims for compensation against the Ski & Snowboard School is six months from knowledge of the damage. The Ski & Snowboard School does not provide compensation for lesson times lost due to failures of the cable car and lift systems. In connection with the courses offered, the Ski & Snowboard School does not guarantee the training success of the customer or course participant.
10. physical safety, compliance with the FIS slope rules:
10.1 The customer or course participant is expressly advised that according to § 3c Salzburg State Sports Act 1988, LGBI. No. 98/1987 as amended, children and young people up to the age of 15 are obliged to use a ski or snowboard helmet in accordance with ÖNORM EN 1077:2007 when practicing alpine skiing and snowboarding.
The customer is also advised that failure to wear a crash helmet in the event of injury may constitute contributory negligence on the part of the customer, which is why the customer or course participant 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 usually reduce the risk of injury.
10.2 In addition, the customer or course participant must obtain knowledge of the content and application of the current FIS slope rules and comply with them.
11. provisions in connection with COVID-19 (SARS-CoV-2 virus or CORONA virus):
11.1 Obligations and declarations of the customer or course participant: The customer is generally aware of the occurrence of the worldwide Covid-19 pandemic and any resulting restrictions. In this context, the customer is obligated to be aware of 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 operations.
The customer is aware that rules of conduct to be observed by him on his own responsibility, such as regular hand washing with soap and water and other hygiene measures, keeping a distance, at most wearing a mouth-nose protection where a distance is not possible or even prescribed, coughing and sneezing into a paper handkerchief or the crook of the elbow and refraining from greetings with physical contact can serve to prevent a further spread of the virus by him.
The customer has to follow all corresponding instructions of the Ski & Snowboard School or the Ski Rental Shop, which serve the health safety of the contracting parties. These instructions concern premises of the Ski & Snowboard School, the meeting point or assembly point and all locations visited during the lessons.
The customer also assures to observe and comply with corresponding instructions and rules of conduct communicated by third parties, such as lift or cable car operators, lodging establishments, catering establishments or other establishments, and which the customer makes use of in temporal connection with the use of the services of the Ski & Snowboard School.
The customer declares not to have had any symptoms of illness typical for COVID-19 in the last 14 days before the first participation in the lessons. He also declares that, to the best of his knowledge, he has had no contact with persons infected with COVID-19.
The customer declares that if he/she experiences symptoms of illness, such as a dry cough, shortness of breath, loss of sense of taste or smell, sore throat, or fever, prior to the start of a class, he/she will stay away from the class and contact the telephone health line at 1450 for further clarification. This also applies if the client is concerned that he/she may have COVID-19 or an illness that has not yet been further medically clarified.
Should relevant symptoms or the fear of being infected with COVID-19 occur during the lessons, the customer will immediately inform the Ski & Snowboard School so that the customer can be isolated from other persons immediately. The customer acknowledges that the occurrence of a COVID-19 infection or evidence of an infection even in only one other customer of the Ski & Snowboard School may result in the Ski & Snowboard School having to discontinue the performance of the contract and that all customers participating in the lessons must subsequently be quarantined or undergo 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 contact-tracing in connection with COVID-19.
11.2 Special provisions for contractual relationships:
The performance of the service is possible for the Ski & Snowboard School: If the performance of the contract is possible for the Ski & Snowboard School and the customer does not participate in the lessons, the provisions set out under "Cancellation Conditions" above shall apply mutatis mutandis. This also applies if the customer cancels or has to cancel his participation in the lessons due to a COVID-19 infection proven or feared by the customer before or during the fulfillment 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 ski slopes is not completely prohibited in the ski area where the Ski & Snowboard School is located or the cable car or lift operation is not completely stopped. lift operation is not completely discontinued, and taking into account official measures or orders, at least the holding of individual courses is still permitted (regardless of this, the rights of the Ski & Snowboard School to combine group courses and reduce the number of lessons in the event of a reduction in the number of participants to less than five persons in accordance with point 7 above remain unaffected).
The closure of the accommodation facility possibly used by the customer, closures of third party facilities or the occurrence of infections among third parties, persons in the place or region of the Ski & Snowboard School's branch does not make the Ski & Snowboard School's performance impossible. The same applies to all possible obligations to leave the country or recommendations to leave the country that may affect the customer due to corresponding travel warnings or recalls by states for their own citizens, if these were foreseeable or should have been foreseeable for the customer due to the information obligations that affect him.
The provision of services is completely or partially impossible for the Ski & Snowboard School: In the following cases, the corresponding obligation of the Ski & Snowboard School to provide services for the contractual period is completely or partially cancelled and the customer receives a later redeemable voucher for a corresponding later lesson period, unless the customer requests in writing the corresponding refund of a fee already paid by him/her:
- official closure of operations or generally applicable closures of operations, if the operation of the Ski & Snowboard School is also affected thereby,
- official cessation of operation of all lift and cable car operations, if the operation is absolutely necessary for the performance of services by the Ski & Snowboard School,
- quarantine ordered by the authorities for the entire town or region where the Ski & Snowboard School is located, or
- the customer's mandatory obligation to leave the country, if he could not have expected this.
The obligation of the Ski & Snowboard School to provide services also does not apply if ski or snowboard instructor accommodations used by ski or snowboard instructors of the respective Ski & Snowboard School are affected by official closures or other health precautions such as quarantine measures or ordered segregation due to one or more COVID-19 infections occurring or feared there, at ski or snowboard instructors or third parties, and at least 10% of the instructors of the Ski & Snowboard School are absent as a result. In particular, the Ski & Snowboard School is not obliged to buy in teaching services.
The provision of services is only possible for the Ski & Snowboard School after a contract amendment (contract adjustment to changed circumstances):
In the event that official measures or orders result in the prohibition of group courses, the Ski & Snowboard School is entitled to amend the contract or to adjust the contract fee taking into account the price offered for individual courses or individual lessons at the time the contract was concluded and to invoice the customer for the difference to the payment already made, subject to the following conditions:
- after the conclusion of the contract, an official measure or order prohibited the holding of group courses or courses for groups of persons coming from the same household, which was not foreseeable for the contracting parties at the time of the conclusion of the contract,
- the official measure or order relates to the period of the contractual service,
- the Ski & Snowboard School is allowed to hold individual courses in accordance with the official measure or order,
- the provision of services is still possible for the Ski & Snowboard School at least in principle (the use of piste areas has not been completely prohibited or the cable car or lift operation has not been completely suspended), and
- the withdrawal from the contract was not declared by the customer according to 5.1. withdrawal conditions.
11.3 Special liability provisions:
The Ski & Snowboard School assumes no liability for all damages and consequential damages or other disadvantages of any kind, which arise or could arise for the customer 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 if an infection should have originated 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 reasons listed above, liability of the Ski & Snowboard School for all damages and consequential damages or other disadvantages that may occur on the part of the customer (e.g. (e.g. lost vacation enjoyment, 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 compulsory early termination of the stay or a related early departure, deposits not received back from accommodation providers or from third party providers or cancellation costs to be paid, any costs in connection with expired lift tickets, costs for COVID-19 tests or other health-related measures, any conceivable additional disadvantages of any kind, etc.). ), are excluded in any case.
If the provision of services is possible for the Ski & Snowboard School in whole or in part (cf. corresponding provisions above) and the customer has to cancel the lessons due to a COVID-19 infection proven or feared at the customer before or during the fulfillment of the contract by the Ski & Snowboard School, point 5. cancellation conditions applies.
11.4 The Ski & Snowboard School reserves the right to take fever measurements of each customer before the beginning of each course or at the beginning of each course day. In case of increased temperature, fever or other clear signs of contagious diseases such as COVID-19, the Ski & Snowboard School may, at its own discretion, exclude the customer from the lessons. In such cases, the customer is entitled to either a pro-rata refund of any fee already paid or to the issuance of a corresponding credit note, at the customer's discretion.
12. place of performance, place of jurisdiction, choice of law, contractual language, other provisions:
12.1 The place of performance for all obligations to be fulfilled by both the Ski & Snowboard School and the customer is the location of the Ski & Snowboard School's central branch.
12.2 If the customer is an entrepreneur or consumer with residence 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), then for all legal disputes arising from or in connection with these GTC and/or contracts between the Ski & Snowboard School and the customer regarding the provision of services of the Ski & Snowboard School, the factually and locally competent court at the headquarters of the Ski & Snowboard School is agreed as the exclusively competent court.
If the customer is a consumer domiciled within the EU or within the scope of the Lugano Convention, the statutory provisions on jurisdiction shall apply.
12.3 Austrian law shall apply to the exclusion of Austrian international private law.
12.4 The contractual language shall be German.
12.5 Should one or more provisions of these GTC be or become invalid, such legally valid provisions shall be expressly agreed between the Ski & Snowboard School and the customer as come closest to the economic purpose of the invalid provision. The effectiveness of the remaining provisions shall not be affected thereby.
12.6 Verbal side agreements to these GTC do not exist. Ancillary agreements of any kind, amendments or supplements must be in writing to be effective. This shall also apply to any waiver of this written form requirement.
12.7 All rights and obligations arising from these GTC shall pass to any legal successors of the Ski & Snowboard School.
13. data protection:
More detailed information can be found in the Privacy Policy of the Ski & Snowboard School, which is available on the homepage of the Ski & Snowboard School.
Status: 13.01.2023
