Ski- und Bikeschule Ötztal, Gstrein Freizeit Gmbh, Oberwindaustraße 4, 6450 Sölden
1. Scope of the GTC
1.1 Business relations between Ski- and Bike School Ötztal (hereinafter: "Ski and Bike School") and the contractual partner (hereinafter: "customer") shall be governed exclusively by these General Terms and Conditions of Business (hereinafter: "GTC"), as amended. The version of the General Terms and Conditions that is applicable shall be determined in each case by the time when the relevant offer is submitted by the customer.
1.2 Ski- and Bike School provides services to the customer in the area of skiing, snow sports as well as cycling. This includes, among other things, giving skiing, snowboarding and cross-country skiing lessons, guiding and accompanying people on ski tours as well as mountain bike and racing bike tours (as defined by § 1 (1) T-SSG (ski school law) 1995) as well as all related activities (hereinafter: "courses"). It also includes any childcare services and related services (e.g. meals for children). These GTC shall apply to all services provided by Ski- and Bike School in this context.
1.3 Conditions that differ from these GTC shall only apply if expressly agreed in writing between Ski- and Bike School and the customer. Contradictory terms and conditions of the customer shall have no effect on the business relations specified in point 1.2.
2. Conclusion of contract
2.1 A conclusion of a contract between Ski- and Bike School and the customer is possible both electronically (submission of an offer via online form and acceptance of the contract by confirmation e-mail) and also in the business premises of the Ski School (conclusion of contract by provision of a payment receipt).
2.2 The sending of a fully completed online form by the customer constitutes a legally binding offer to Ski- and Bike School to conclude a contract for the services advertised by Ski- and Bike School. Ski- and Bike School shall send an order confirmation to the customer based on such an offer. A contractual relationship between Ski- and Bike School and the customer shall be established only by conveyance of this order confirmation.
2.3 The customer's declaration to an employee of Ski- and Bike School that he wishes to use Ski- and Bike School's services constitutes a legally binding offer to Ski- and Bike School for conclusion of a contract. A contractual relationship between Ski- and Bike School and the respective customer shall come into existence only when the desired service has been paid for and a payment receipt has been issued.
2.4 The booking confirmation and/or the payment receipt shall constitute proof of the claim for the booked service and must be submitted by the customer to the respective course instructor at the beginning of the course.
2.5 Ski- and Bike School shall not be required to inform the customer that online bookings have been declined. If the customer's offer is not confirmed by Ski- and Bike School within a period of 2 (two) weeks from receipt, the customer's offer shall count in any case as not accepted.
3. Right of revocation when concluding a contract by telephone, web form or e-mail
3.1 The services offered are a "leisure service" as defined by the Fern- und Auswärtsgeschäfte-Gesetz (Act on Distance and Off-Premises Transactions) (FAGG).
3.2 According to § 18 (1) S 10 FAGG there is no right of revocation for leisure services.
4. Right of rescission
4.1 The customer shall be entitled to withdraw from the contract unilaterally, and without further obligation, in particular without any obligation to pay a fee or a cancellation fee, in writing (email is sufficient), under the following conditions:
The terms and conditions of the Austrian hotel regulations shall apply:
Terms of cancellation:
0% - for cancellations until 1 week before course start
35% of the total amount - for cancellations until 04.00 pm 1 day before course start at the latest
100% - for cancellations after 04.00 pm 1 day before course start
For cancellations after 4pm the day before, there shall be no refund!
The course ticket is not transferable! Unused course days expire!
4.2 In the case of private courses, withdrawal is permitted at the latest 1 (one) day before the start of the service without further obligations on the part of the customer (by 4pm).
4.3 In the case of group courses (this means the customer has booked a group course; it does not mean bookings for groups of people) withdrawal is permitted at the latest 1 (one) day (by 4pm) before the start of the service without further obligations on the part of the customer.
4.4 In the case of group courses, in addition, in the event of illness or accident that renders participation in the booked service impossible, withdrawal is permitted for the period from the occurrence of the hindrance, if the customer presents a medical certificate (from a local doctor) to the Ski- and Bike School without unnecessary delay.
4.5 Receipt of the letter of withdrawal by the Ski School is decisive for compliance with the deadline. In order to comply with the respective deadline, the letter of withdrawal must be received by Ski- and Bike School no later than 24 hrs before the deadline. Transmission errors and similar issues shall be the responsibility of the customer.
4.6 In all other cases the customer shall not be entitled to withdraw the contract without Ski- and Bike School's express written consent and shall pay the full remuneration. This shall apply in particular also in the case of non-appearance or late appearance at the agreed time .
4.7 The Ski School shall be entitled to withdraw from the contract at any time if the customer's course participation takes place under the influence of alcohol, drugs or medication and safe participation can no longer be guaranteed. The same shall apply if the customer persistently fails to comply with instructions of the Ski- and Bike School, instructors or support staff (see point 9.4). The customer shall not be entitled to any claims in the event of such a termination of contract; in particular, he shall also be required to pay the full remuneration.
5. Impossibility of performance
5.1 If the performance of the service is impossible for safety reasons (e.g. weather conditions, danger of avalanche, etc.), Ski- and Bike School shall not be required to provide the service. It is solely at Ski- and Bike School's reasonable discretion to assess the impossibility of providing the service, whereby a partial impossibility - e.g. no ski instruction is possible on three of five days - shall not affect the performance of the possible part of the service.
Course cancellations due to weather-related stops of the ski lifts (force majeure) shall not be compensated. In principle, courses shall take place in all weather conditions.
6. Prices, payment methods
6.1 All information - in particular Ski- and Bike School's price lists on the internet, in brochures, advertisements or other information medial - shall be non-binding for Ski- and Bike School. The Ski- and Bike School reserves the right to make changes at any time.
6.2 All prices are stated in EURO (€) and are gross, including any statutory VAT, unless otherwise stated.
6.3 Costs for lift tickets or equipment are not included in the course fees. They must be purchased by the customer at his own expense and brought or can be booked with us.
6.4 Ski- and Bike School's claim for remuneration from the customer shall arise upon conclusion of the contract. Payment shall be due at this time. However, in the case of online bookings payment must be made immediately upon presentation of the offer using one of the payment methods created for online bookings. If the customer's offer is not accepted by the Ski School, any amount already paid will be refunded within 10 working days using the same payment method that the customer used.
6.5 With other booking methods, e.g. by email or directly on site, payment of the course fee may be made within 10 days of the conclusion of the contract by bank transfer to the account of the Ski- and Bike School or by cash on site; however, it must be received by the Ski- and Bike School in any case before the start of the course. All expenses – in particular bank charges – in connection with the payment of the course booked with the Ski- and Bike School, shall be paid exclusively by the customer.
6.6 The customer may only offset such counterclaims that have become res judicata or are expressly acknowledged by Ski- and Bike School or, in the event of Ski- and Bike School's insolvency, are subject to Ski- and Bike School's insolvency. Statutory rights of retention shall be not affected by this clause.
6.7 Default in payment: If the customer is in default with payment, the Ski School shall be entitled to charge the customer the statutory default interest and all additional costs and expenses incurred, in particular collection costs or lawyer's fees. In the case of outstanding receivables, the Ski School may freely offset payments made by the customer against any of the customer's outstanding receivables, irrespective of any assignment indicated by the customer. In the event of non-payment of a claim, all other claims against the customer shall also be due immediately.
6.8 The place of performance for all obligations to be fulfilled by both the Ski- and Bike School and the customer shall be the registered office of the Ski- and Bike School.
7.1 The customer must be present at the assembly point of the Ski- and Bike School or any other place in the Ski School area announced by the Ski- and Bike School in good time before the start of the course.
7.2 The Ski- and Bike School reserves the right to change the meeting point for the courses at short notice. In such cases the customers will be informed by the Ski School.
7.3 The Ski- and Bike School undertakes to employ only qualified instructors or childcare staff for the respective services.
7.4 If a group (group lessons) is reduced to less than 3 participants, the Ski- and Bike School reserves the right to combine them or to reduce the number of lessons (e.g. from 4 hours to 2 hours).
7.5 Multiple changes of instructors are possible at any time on account of the flexible organization.
7.6 When booking at a flat rate: the ski school is responsible for the allocation of lessons or instructors. A change of instructor is possible at any time. Course times must be agreed with the Ski- and Bike School by 4pm the day before.
7.7 The conveyor belt is a service provided by Ski- and Bike School Ötztal and only represents a service for the children's education. However, the Ski- and Bike School Ötztal is not required to use the conveyor belt. It is possible to teach without a conveyor belt.
8. Limitation of liability
8.1 In connection with the offered courses, Ski- and Bike School does not guarantee the successful customer training.
8.2 With the exception of personal injury, Ski- and Bike School shall not be liable for damages, unless damages are due to intentional or grossly negligent conduct on the part of Ski- and Bike School itself or a person attributable to it and relate to the conduct causing the damage, not the main obligations arising from the concluded contract.
8.3 Ski- and Bike School shall not be liable for any damage caused by the customer to himself or to other persons during the performance of the agreed service through no fault of Ski- and Bike School or that is caused to the customer by the other persons.
8.4 Irrespective of culpability, the Ski- and Bike School shall be not be liable for loss of profit, pure financial losses and consequential damages, provided that these exceed 3 times the service fee.
8.5 There is a general obligation to wear a helmet - especially for children under 14 years of age. 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, for which reason the customer is advised to wear a crash helmet and other safety equipment recommended for the service booked (e.g. avalanche transceiver when riding in open terrain or safety equipment for downhill events) or, in the case of avalanche equipment, to carry it with them. Crash helmets and safety equipment normally reduce the risk of injury.
8.6 It is expressly stated that the practice of snow, mountain and bicycle sports is associated with numerous risks and that, especially on tours or downhill runs in open terrain, there is an increased risk of injury or even death, in particular due to avalanches, which cannot be fully excluded.
8.7 The customer acknowledges that a rescue on slopes or in open terrain often entails high costs. The customer is therefore advised to take out appropriate insurance, especially since the Ski- and Bike School is not liable for salvage and flight rescue costs, unless the Ski- and Bike School or a person attributable to it has caused these salvage and/or flight rescue costs through deliberate or grossly negligent conduct.
9. Duties of the customer
9.1 The customer must inform the Ski- and Bike School about his abilities and experience in the respective booked snow sport fully and truthfully, and independently provide state-of-the-art ski equipment suitable for the external conditions.
9.2 The customer must inform the Ski- and Bike School about any health problems or impairments.
9.3 Before the start of the lessons, the customer must independently arrange for his ski and bike equipment (especially ski bindings) to be checked by a specialist company.
9.4 The customer must comply with instructions given by the Ski- and Bike School, the instructors and support staff. Disregarding instructions or warnings shall entitle the Ski- and Bike School to terminate the contract with immediate effect. This also applies if clients show improper behaviour, especially towards other course participants.
11. Other provisions
11.1 There are no verbal ancillary agreements to these GTC. Ancillary agreements of any kind, changes or additions must be made in writing to be effective. This also applies to a waiver of this written form requirement.
11.2 The applicability of Austrian substantive law, excluding Austrian international private law, is agreed for all disputes arising from legal transactions based on these GTC.
11.3 If the customer is an entrepreneur or consumer residing outside the scope of application of the EuGVVO1 or the Lugano Convention2 (these are all countries with the exception of the EU member states, Switzerland, Norway and Iceland), the court with material and local jurisdiction at Ski- and Bike School's registered office is agreed as the exclusive court of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions of Business and/or contracts between the Ski- and Bike School and the customer for the provision of ski and bike services.
11.4 Insofar as 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.
11.5 If one or more of the provisions of these GTCs is/are void, Ski- and Bike School and the customer shall expressly agree upon such legally effective provisions that reflect as closely as possible the economic purpose of the invalid provision. The effectiveness of the remaining provisions shall not be affected by a void provision.
11.6 All rights and obligations arising from these GTC shall be transferred to any legal successors of the Ski- and Bike School.
Credit card payments in favor of the ski school are collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT.Please send an e-mail to support(at)payyo.ch for all inquiries regarding your credit card payments and chargebacks.