General Terms And Conditions

GENERAL TERMS AND CONDITIONS

General terms and conditions for the use of the services of Skischule Klostertal OG.

1. General, scope
The company Skischule Klostertal OG provides its services exclusively on the basis of the following general terms and conditions. These apply to all legal relationships between the Klostertal OG ski school and those persons who use the services of the Klostertal OG ski school (hereinafter: "customer"), even if they are not expressly referred to. The business purpose of the Klostertal OG ski school is the operation of a snow sports school (ski school). This includes, in particular, services such as the provision of lessons in the skills and knowledge of skiing (sometimes without guarantee of a specific training success) as well as leading and accompanying skiing.
The version valid at the time of the conclusion of the contract is decisive. Deviations from these and other supplementary agreements with the customer are only effective if they have been confirmed in writing by the Klostertal OG ski school.
Any business conditions of the customer, even if they are known, are not accepted, unless otherwise expressly agreed in writing in individual cases. The Klostertal OG ski school expressly contradicts the customer's terms and conditions.
Insofar as terms referring to natural persons are only given in male form in this contract, they refer to women and men in the same way.
The services advertised by the Klostertal OG ski school are not binding offers, but merely an invitation to the viewer to submit an offer to the Klostertal OG ski school.

2. Contractual partner
The customer's contractual partner is
Skischule Klostertal OG
6752 Dalaas
Bühel 164a
Ski school director: Melmer Christian
Phone: 0664 500 35 80
Email address: office@skischule-klostertal.at

3. Order and conclusion of contract
The Klostertal OG ski school advertises its services both on its website and in its business premises. A contract between the Klostertal OG ski school and the customer can be concluded electronically (submission of an offer via the online form and acceptance of the contract via a confirmation email) as well as in the business premises of the Klostertal OG ski school (contract concluded by handing over a coupon) possible.
Conclusion of a contract via online shop:
The services offered in the online shop of the Klostertal OG ski school do not represent any legally binding offers, but merely an invitation to the viewer to submit an offer to the Klostertal OG ski school to conclude a contract.

The sending of a fully completed online form by the customer represents a legally binding offer to the Klostertal OG ski school to conclude a contract for the services advertised by the Klostertal OG ski school (in particular the implementation of snow sports courses) Skischule Klostertal OG sends an order confirmation to the customer based on such an offer. A contractual relationship between the Skischule Klostertal OG and the customer is only established when this order confirmation has been sent (acceptance of the contract). The order confirmation does not serve as a coupon. In order to use the booked service, the customer must collect the course coupon from the business premises of the Klostertal OG ski school before the start of the course by providing the order number.

The Klostertal OG ski school is entitled to reject any offers made to it to conclude a contract without giving reasons. The customer remains bound to the offer made by submitting the fully completed online form for a period of 48 hours.
Contract conclusion in the business premises:
The services advertised in the business premises of the Klostertal OG ski school do not constitute legally binding offers, but merely an invitation to the viewer to submit an offer to the Klostertal OG ski school to conclude a contract.
The customer's declaration to an employee of the Klostertal OG ski school that they wish to use the services of the Klostertal OG ski school is a legally binding offer to the Klostertal OG ski school to conclude a contract Desired service and the issue of a coupon creates a contractual relationship between the Klostertal OG ski school and the respective customer.

4. Prices
All prices displayed in the online shop and in the business premises of the Klostertal OG ski school include the applicable sales tax.

5. Payment method
The following payment options are offered to the customer for the ordered services via the online shop:
- Payment by credit card
Payment by SOFORT via transfer
Payments by debit cards
The customer is offered the following payment options to pay for the desired services in the business premises of the Klostertal OG ski school:
- Payment by credit card
- Payment by debit card
- Cash payment

6. Prohibition of offsetting and right of retention
The customer can only offset counterclaims that are legally related to the claim of the Klostertal OG ski school, which have been determined by a court or recognized by the Klostertal OG ski school, as well as in the event that the Klostertal OG ski school is unable to pay. The possibility of offsetting against counterclaims that are legally related to the Klostertal OG ski school does not exist if the customer is an entrepreneur within the meaning of Section 1 Paragraph 1 Z 1 KSchG.
The customer's statutory rights of retention are not affected.

7. Cancellation by the customer
The customer is entitled to withdraw from the concluded contract at any time against payment of the cancellation costs listed below.
To exercise the right of rescission (cancellation), the customer must send a declaration of resignation by post or email to the following address or contact the Klostertal OG ski school by telephone:
by phone: +43 (0) 664 500 35 80
by post: Skischule Klostertal OG, 6752 Dalaas, Bühel 164a
by email: office@skischule-klostertal.at

If the customer withdraws, the Klostertal OG ski school is entitled to charge the following cancellation costs:
- up to 14 days before the start of the booked service: € 10,-.
- from 14 days before the start of or during the booked service: 100% of the agreed total price (this also applies if the booked service is not used)
The above deadlines also apply in the event of partial cancellation of the booked service. The receipt of the declaration of cancellation at the Klostertal OG ski school is decisive.
In the case of booked group courses - in the event of illness or accident which makes participation in the booked service impossible - a reimbursement of the fee paid is also possible within the last 14 days before the start of the booked service, if the customer submits a medical certificate to the Klostertal OG ski school without unnecessary delay. In the event that the journey to the course location has already taken place, a medical certificate from a local doctor must be presented. If a part of the booked service has already been used, the fee for the unused service will be reimbursed in the amount of the difference between the fee actually paid and the fee for the actual service The service actually used would have had to be paid if the service had only been booked for the period in which it was actually used.
If the service was at least partially used on a day (e.g. an accident or illness during the course), this day will be charged in full.
In the case of a justified cancellation, the refund will be made within a maximum of 30 days from the date of cancellation.

8. Cancellation by the Klostertal OG ski school or force majeure
If the weather conditions do not allow the booked service to be carried out for safety reasons (e.g. danger of avalanches on ski tours), the Klostertal OG ski school has the option of postponing or canceling the booked service. If the booked service is canceled, the Klostertal OG ski school undertakes to reimburse the customer for the fee paid for the booked service within 30 days from the time of cancellation.

If the service is impossible or inadmissible for reasons for which the Klostertal OG ski school is not responsible, or if (individual or all) facilities are blocked or overcrowded, the Klostertal OG ski school owes no reimbursement. Such reasons include, among other things, and for example, in addition to weather-related influences (e.g. strong wind, too little or too much snow, etc.) and the risk of avalanches, downtimes due to maintenance work or technical faults, force majeure, officially prescribed shutdowns or bans or also downtimes and bans, which are not required by the authorities, but are essential for important reasons, in particular to protect the health and physical integrity of all persons concerned. A (even partial) refund or reimbursement of the fee paid for a coupon for such reasons is excluded.

9. Accident insurance
The customer acknowledges that the practice of skiing is associated with numerous dangers and, especially when driving in open terrain, there is a possibility that the customer will get into mountain difficulties. The customer further acknowledges that the rescue of people in mountain difficulties, especially by air and mountain rescue, can lead to high costs. The customer is recommended to take out appropriate leisure insurance (especially to reimburse rescue and air rescue costs), especially since the Klostertal OG ski school is not liable for such rescue and air rescue costs.

10. Performance groups
The services provided by the Klostertal OG ski school are in performance groups or
on the basis of private courses.
The group division for ski courses is carried out by the Klostertal OG ski school. The customer also has to accept a change in the group division made after the course has started, in particular a division into a less advanced performance group by the Klostertal OG ski school.

The customer must follow the instructions given to him by the Klostertal OG ski school, its legal representatives and their vicarious agents. Disregarding a warning entitles the Klostertal OG ski school to terminate the contract immediately.
Participation in the services of the Klostertal OG ski school by customers who are under the influence of alcohol or drugs also entitles the Klostertal OG ski school to terminate the contract immediately. In the above-mentioned cases, the customer is not entitled to a refund of the fee paid.

11. Warranty
The Klostertal OG ski school guarantees the customer that the service booked is in accordance with the contract and that instruction is given according to the curriculum, but without guaranteeing the customer any success

12. Liability
The Klostertal OG ski school is not liable for damage - with the exception of personal injury - unless the damage is based on willful or grossly negligent behavior by the Klostertal OG ski school, its legal representatives or their vicarious agents and the behavior that caused the damage is not the result of the Klostertal OG ski school main obligations of the contract.
In particular, the Klostertal OG ski school does not assume any liability for damage that the customer inflicts on himself or on other people during the performance of the agreed service, or inflicted on him by them. The services provided by the Klostertal OG ski school take place exclusively in the open air, on ski slopes or in open terrain under sometimes difficult to very difficult conditions. Unfavorable weather conditions such as rain, snow or fog can make the situation even more difficult.
The customer has to inform the Klostertal OG ski school truthfully and comprehensively about his skills and experience in connection with snow sports. The customer also has to inform the Klostertal OG ski school comprehensively about his physical abilities, in particular his state of health and any ailments.
The services provided by the Klostertal OG ski school can place high demands on the material as well as the physical fitness and skiing technique of the customer at every skill level. Every customer is therefore requested to only take part in the services booked with properly maintained sports equipment and the customarily prescribed safety equipment and to realistically assess their own performance.
Alpine safety equipment, e.g. avalanche search equipment, shovel, probe and first aid must be worn when driving in open terrain.
13. Place of performance
The place of fulfillment for deliveries, services and payments is the seat of the Klostertal OG ski school.
14. Applicable Law
Austrian law applies as agreed to the exclusion of the UN sales law.
DECLARATION OF CONSENT
to participate in the services of the Klostertal OG ski school
I have read and understood the terms and conditions of the Klostertal OG Ski School, which are the contractual basis for any service to be provided by the Klostertal OG Ski School.
In the case of minors - consent as legal representative:
I hereby expressly agree that my son / daughter can take part in the service I have booked at the Klostertal OG ski school.
I have read and understood the terms and conditions of the Klostertal OG ski school, which are the contractual basis for any service to be provided by the Klostertal OG ski school, and I have also made them known to my son / daughter.
I acknowledge that the services provided by the Klostertal OG ski school take place exclusively outdoors, on ski slopes or in open terrain under difficult to very difficult conditions and that unfavorable weather conditions such as rain, snow or fog can make the situation even more difficult.
I also acknowledge that the services provided by the Klostertal OG ski school can place high demands on the material, as well as the physical fitness and driving technique of the customer at every level, and that each customer can only use properly maintained sports equipment and the customary safety equipment they have booked Is allowed to participate and has to realistically assess his own performance.