General Terms and Conditions
of the Tiroler Skischule Robert Monz Snowschool Imst
1 Scope of the GTC
1.1 For business relations between the ski school [Tiroler Skischule Robert Monz Snowschool Imst] (hereinafter referred to as "Skischool") and the contracting party (hereinafter referred to as "customer") these General Terms and Conditions (hereinafter referred to as "GTC") apply exclusively in their current version. The valid version of the GTC depends on the date of the relevant offer by the customer.
1.2 The ski school provides services in the field of skiing and snow sports to the customer. This includes, among other things, the teaching of skiing, snowboarding and cross-country skiing, the leading and accompanying on ski tours(i Sd Section 1 (1) T-SSG 1995) and related activities (hereinafter referred to as "courses"). It also includes any childcare benefits and related benefits (e.g. meals for children). These Terms and Conditions apply to all services of the ski school in this context.
1.3 Provisions deviating from these GENERAL Terms and Conditions shall only apply if the ski school and the customer have expressly written agreement. Conflicting terms and conditions of the customer do not have any effect on the business relationships referred to in point 1.2.
2 Contract
2.1 A contract between the ski school and the customer is possible both by electronic means (submission of an offer via online form and acceptance of the contract by confirmation e-mail) as well as in the business premises of the ski school (contracting by handing over a payment document).
2.2 The sending of a fully completed online form by the customer constitutes a legally binding offer to the ski school for the conclusion of a contract for the services touted by the ski school. The ski school sends an order confirmation to the customer on the basis of such an offer. Only by transmitting this order confirmation does a contractual relationship between the ski school and the customer come into being.
2.3 The customer's declaration to an employee of the ski school that he wants to use the services of the ski school is a legally binding offer to the ski school for the conclusion of a contract. Only by paying for the desired service and by issuing a payment document does a contractual relationship between the ski school and the respective customer come into being.
2.4 The booking confirmation and/or the payment receipt serve as proof of the use of the booked service and must be presented by the customer to the respective instructor at the beginning of the course.
2.5 The ski school is not obliged to notify the customer of a rejection of online bookings. If the offer of the customer is not confirmed by the ski school within a period of 2 (two) weeks from receipt, the offer of the customer is in any case deemed not accepted.
3 Right of withdrawal when concluding a contract by telephone, webformular or e-mail
3.1 The services offered are a "recreational service" within the meaning of the Distance and Away Shops Act (FAGG).
3.2 There is no right of withdrawal for leisure services in accordance with Section 18 (1) Z 10 FAGG.
4 Withdraw
4.1 The customer is entitled to withdraw from the contract unilaterally and without any further obligation, in particular without obligation to pay a fee or a cancellation fee, in writing (email is sufficient) in accordance with the following conditions.
4.2 In the case of private courses, cancellation is permitted no later than 7 days before the first day of the start of the service without further obligations of the customer.
4.3 In the case of group courses (i.e. the customer has booked a group course; bookings for groups of persons are not meant), a withdrawal is permitted no later than 7 days before the first day of the start of the service without further obligations of the customer.
4.4 In the case of group courses, in the event of illness or accident, which makes it impossible to participate in the booked service, a withdrawal for the period from the occurrence of the prevention is also permitted if the customer presents a medical certificate to the ski school without unnecessary delay. The ski school shall, at the customer's discretion, either issue a credit or pay the pro rata fee to the customer within 14 days via the pro-rata fee to be paid.
4.5 The decisive factor for the deadline is the receipt of the resignation letter at the ski school. In order to meet the respective deadline, it is necessary that the letter of withdrawal is received by the ski school no later than 24:00 before the deadline. Transmission errors and the like shall be at the expense of the customer.
4.6 In all other cases, the customer is not entitled to withdraw from the contract without the express written consent of the ski school and must pay the full fee. This applies in particular in the case of non-certificate or late appearance on the agreed date.
4.7 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 medications that no longer guarantee safe participation. The same applies if the customer persistently opposes the instructions of the ski school, the teachers or the carers (see point 9.4). The customer is not entitled to any claims in the event of such termination of the contract; in particular, it is also obliged to pay the full remuneration.
5 Impossibility of performance
5.1 If the provision of the service is not possible for safety reasons (e.g. weather conditions, avalanche danger, etc.), the ski school is not obliged to provide services. It is solely up to the cheap discretion of the ski school to assess the impossibility of providing services, whereby a partial impossibility – e.g. on three out of five days no ski lessons is possible – does not affect the implementation of the possible performance part.
5.2 In the event of a (partial or total) lack of performance in accordance with point 5.1, the ski school will repay the pro rata fee to the customer within 14 days. The customer is not entitled to a further claim that goes beyond this.
5.3 Force majeure, in particular epidemics, pandemics, official measures such as closures, other unforeseeable and unavoidable events free the ski school from its performance obligations.
5.4 In the event of a (partial or total) lack of performance in accordance with point 5.3, the ski school shall either issue a credit or pay the pro rata fee to the customer within 14 days via the pro rata fee. In this respect, the customer has the right to vote. The customer is not entitled to a further claim that goes beyond this. Any right of withdrawal pursuant to Section 10 (2) of the Package Travel Act remains unaffected.
6 Prices, payment methods
6.1 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.
6.2 All prices are in EURO (€) and are gross including any statutory value added tax, unless otherwise stated.
6.3 Ski ticket or ski equipment costs are not included in the course fees. These must be purchased and brought by the customer on his own account.
6.4 The ski school's claim for remuneration to the customer arises with the conclusion of the contract. At this time, the payment is due. In the case of onlinebookings, however, payment is made immediately upon the time of the offer by means of one of the payment methods set up for online bookings. If the offer of the customer is not accepted by the ski school, an amount already paid will be refunded within 10 working days by means of the same payment method as the customer has used.
6.5 In the case of other booking routes, e.g. by email or directly on site, payment of the course fee can be made within 7 days from the conclusion of the contract by bank transfer to the account of the ski school or cash on site; however, it must in any case arrive at the ski school before the course starts. All expenses, in particular bank charges, in connection with the payment of the course booked at the ski school are solely at the expense of the customer.
6.6 The customer can only offset against such counterclaims, which have been legally established by the court or expressly recognized by the ski school, as well as in the event of insolvency of the ski school. Legal rights of retention are not affected by this contractual point.
6.7 Late 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 late payments and all additional costs and expenses, in particular collection or attorney's fees, to the customer. In the case of outstanding receivables, the ski school may set off any payments made by the customer against the customer's outstanding 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.
6.8 The place of performance is for all duties to be fulfilled by the ski school as well as the customer the place of the seat of the skischool.
6.9 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.
7 Service delivery
7.1 The customer has decided to provide services at the collection point of the ski school
or to arrive at a location otherwise announced by the ski school in the ski school area in good time before the course starts.
7.2 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.
7.3 The ski school reserves the right to carry out a fever measurement with each customer before the start of each ski course day in compliance with data protection regulations and, in the event of elevated temperature, fever or other clear signs of contagious diseases (e.g.: COVID-19), which may pose a risk to other ski course participants as well as teachers and caregivers, to exclude the customer from the lessons at its own discretion. In such cases, the customer is entitled, at his discretion, either to a pro-rata refund of a fee already paid or to the issuance of a corresponding credit.
7.4 The ski school undertakes to use only qualified teachers or childcare workers for each service.
7.5 If the number of students is less than 4, the ski school reserves the right to merge the courses or to shorten them accordingly.
7.6 Several teacher changes are possible, due to flexible organisation
8 Limitation
8.1 In connection with the courses offered, the ski school does not guarantee the success of the students' training.
8.2 The ski school is not liable for damages, with the exception of personal injury, insofar as the damages are not based on intentional or grossly negligent conduct of the ski school itself or a person attributable to it and the harmful behaviour does not concern the damage obligations arising from the concluded contract.
8.3 The ski school accepts no liability for damages that the customer inflicts on himself or other persons during the performance of the agreed service to himself or other persons through the work of the ski school.
8.4 Irrespective of the 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.
8.5 The customer is advised that not wearing a crash helmet in the event of injury may be due to the customer's fault, which is why the customer is advised to wear a crash helmet as well as other safety equipment recommended for the respective booked service (e.g. avalanche detector for outdoor trips) or, in the case of avalanche equipment, to carry. Crash helmets and safety equipment usually reduce the risk of injury.
8.6 It is expressly stated that the practice of snow sports entails numerous risks and that there is an increased risk of injury or even death, especially due to avalanches, especially for tours or descents in open terrain, which cannot be completely excluded.
8.7 The customer acknowledges that saving pistes or outdoors often comes at a high cost. The customer is therefore advised to take out appropriate insurance, especially since the ski school is not liable for salvage and flight rescue costs, unless the ski school or a person attributable to it has caused these salvage and/or flight rescue costs through intentional or grossly negligent conduct.
9 Customer's obligations
9.1 The customer must inform the ski school about his skills and experiences in the respective booked snow sport truthfully and comprehensively and to take care independently of equipment corresponding to the state of the ski technology and the external conditions. The customer must report any health problems or impairments to the ski school.
9.2 Furthermore, the customer undertakes not to participate in the ski course in the event of feverish infections, contagious diseases as well as diseases that are accompanied by diarrhea and vomiting. Especially in the event of COVID-19 symptoms (fever, dry cough, fatigue, breathing difficulties, etc.), the customer undertakes to refrain from participating in the ski course. If the customer has booked a group course, he can claim the right of withdrawal provided for in point 4.4 of these General Terms and Conditions upon presentation of a medical certificate.
9.3 Before the start of the lesson, the customer must independently arrange for the inspection of his ski equipment (in particular ski binding) by a specialist company.
9.4 The customer must follow the instructions of the ski school, the teachers and the carers. Failure to comply with instructions and exhortations immediately entitle the ski school to terminate the contract. This also applies if customers behave inappropriately, especially towards other students.
10 Privacy policy
10.1 Further information can be found in the ski school's privacy policy, which is available at www.snowschool.at.
11 Other provisions
11.1 There are no verbal ancillary agreements to these Terms and BIts. Ancillary agreements of any kind, amendments or additions require written form to be effective. This also applies to the departure from this written form requirement.
11.2 For all disputes arising from legal transactions on which these GTC are based, the applicability of substantive Austrian law, to the exclusion of Austrian private international law, shall be deemed to have been agreed.
11.3 If the customer is an entrepreneur or consumer domiciled outside the scope of the EGVVO[1] or the Lugano Convention [2] (i.e. all countries except the EU member states, Switzerland, Norway and Iceland), the competent court at the headquarters of the ski school shall be agreed as the exclusive competent court for all disputes arising out of 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.
11.4 Insofar as the customer is a consumer domiciled within the EU or the scope of the Lugano Convention, the statutory provisions on jurisdiction shall apply.
11.5 Insofar as one or more of the provisions of these General Terms and Conditions is 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 validity of the remaining provisions shall not be affected by an nullity provision.
11.6 All rights and obligations under these General Terms and Conditions are transferred to any legal successors of the ski school.
[1] Regulation No 1215/2012 of the European Parliament and the Council of 12.12.2012
[2] Convention on jurisdiction and enforcement of judgments in civil and commercial matters, concluded in Lugano on 16 September 1988
