skiCHECK GmbH
GENERAL TERMS AND CONDITIONS FOR SKI SCHOOLS
Tyrolean Ski School skiCHECK Alpbachtal, Gerhard Kirchmair, on
the ground floor; Tyrolean Ski School skiCHECK Fügen/Hochfügen, Kevin Benk, on
the ground floor; sports 366 GmbH & Co KG by skiCHECK
1 Scope of the General Terms and Conditions
1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) in their currently valid version shall apply exclusively to business relationships between the listed ski schools (hereinafter referred to as ‘Ski School’) and the contracting party (hereinafter referred to as ‘Customer’). The valid version of the GTC is determined by the date on which the Customer submits the relevant offer.
1.2 The Ski School provides services to the Customer in the field of skiing and snow sports. These include, amongst other things, the provision of ski, snowboard and cross-country skiing lessons, guiding and accompanying clients on ski tours (within the meaning of Section 1(1) of the T-SSG 1995) as well as related activities (hereinafter referred to as ‘courses’). This also includes any childcare services and associated services (e.g. meals for children). These General Terms and Conditions apply to all services provided by the ski school in this context.
1.3 Any provisions deviating from these General Terms and Conditions shall only apply if expressly agreed in writing between the Ski School and the customer. Any conflicting terms and conditions of the customer shall have no effect on the business relationships referred to in clause 1.2.
2 Conclusion of the Contract
2.1 A contract between the ski school and the customer may be concluded either electronically (by submitting an offer via an online form and the ski school accepting the contract by means of a confirmation email) or at the ski school’s premises (by the customer being issued with a payment receipt).
2.2 The submission of a fully completed online form by the customer constitutes a legally binding offer to the ski school to conclude a contract for the services advertised by the ski school. Upon receipt of such an offer, the ski school shall send an order confirmation to the customer. A contractual relationship between the ski school and the customer is only established upon the sending of this order confirmation.
2.3 A statement by the customer to a member of staff at the ski school expressing their intention to make use of the ski school’s services constitutes a legally binding offer to the ski school to enter into a contract. A contractual relationship between the ski school and the relevant customer is established only upon payment for the requested service and the issue of a payment receipt.
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 relevant course instructor at the start of the course.
2.5 The ski school is under no obligation to notify the customer of any rejection of online bookings. If the ski school does not confirm the customer’s offer within a period of 2 (two) weeks of receipt, the customer’s offer shall in any event be deemed not to have been accepted.
3 Right of withdrawal for contracts concluded by telephone, via a web form or by email
3.1 The services offered constitute a ‘leisure service’ within the meaning of the Distance and Off-Premises Sales Act (FAGG).
3.2 In accordance with Section 18(1)(10) of the FAGG, there is no right of withdrawal for leisure services.
4 Right of withdrawal
4.1 The customer is entitled to withdraw from the contract unilaterally and without further obligation – in particular, without any obligation to pay a fee or cancellation charge – in writing (email is sufficient) subject to the conditions set out below.
4.2 For private and group courses, withdrawal is permitted no later than 3 days before the first day on which the service is due to commence, without any further obligations on the part of the customer.
4.3 In the case of group courses, withdrawal is also permitted for the period of the day following the onset of the impediment in the event of illness or accident which makes participation in the booked service impossible, provided the customer submits a medical certificate to the ski school. At the customer’s discretion, the ski school shall either issue a credit note for the proportionate fee to be refunded or refund the proportionate fee to the customer.
4.4 In all other cases, the customer is not entitled to cancel without the express, written consent of the ski school and must pay the full fee. This applies in particular in the event of a no-show or late arrival at the agreed time.
4.5 The ski school is entitled to withdraw from the contract at any time if the customer participates in lessons whilst under the influence of alcohol, drugs or medication, to the extent that this no longer ensures safe participation. The same applies if the customer persistently defies the instructions of the ski school, the instructors or the supervisory staff (see clause 9.4). In the event of such termination of the contract, the customer shall have no claims; in particular, they remain obliged to pay the full fee.
5 Impossibility of Performance
5.1 If the provision of the service is not possible for safety reasons (e.g. weather conditions, avalanche risk, etc.), the ski school is not obliged to provide the service. It is solely at the reasonable discretion of the ski school to assess whether performance is impossible, whereby partial impossibility – e.g. if ski lessons are not possible on three out of five days – does not affect the provision of the part of the service that is possible.
5.2 In the event of (partial or total) impossibility of performance in accordance with clause 5.1, the ski school shall refund the proportionate fee to the customer. The customer shall have no further claims.
5.3 Force majeure, in particular epidemics, pandemics, official measures such as closures, and other unforeseeable and unavoidable events, shall release the ski school from its obligations to provide the service.
5.4 In the event of (partial or total) inability to perform in accordance with clause 5.3, the ski school shall either issue a credit note for the proportionate fee or refund the proportionate fee to the customer. The customer has the right to choose between these options. The customer shall have no further claims in this regard. Any right of withdrawal pursuant to Section 10(2) of the Package Travel Act remains unaffected.
6 Prices, Payment Terms
6.1 All information – in particular the ski school’s price lists on the internet, in brochures, advertisements or other media – is non-binding on the ski school. The ski school reserves the right to make changes at any time.
6.2 All prices are quoted in euros (€) and are gross amounts inclusive of any applicable statutory value added tax, unless otherwise stated.
6.3 The cost of ski passes or ski equipment is not included in the course fees. These must be purchased by the customer at their own expense and brought along.
6.4 The ski school’s entitlement to payment from the customer arises upon conclusion of the contract. Payment is due at this point in time. However, for online bookings, payment may be made immediately upon submission of the offer using one of the payment methods set up for online bookings. Should the ski school not accept the customer’s offer, any amount already paid will be refunded via the same payment method used by the customer.
6.5 In the case of other booking methods, e.g. by email or directly on site, payment of the course fee may be made within 3 days of the conclusion of the contract by bank transfer to the ski school’s account or in cash on site; however, it must in any event be received by the ski school before the course begins. All charges – in particular bank charges – associated with the payment for the course booked with the ski school shall be borne exclusively by the customer.
6.6 The customer may only set off counter-claims that have been legally established by a court or expressly recognised by the ski school, or in the event of the ski school’s insolvency. Statutory rights of retention are not affected by this clause.
6.7 Default on payment shall occur without further notice from the ski school. In the event that the customer defaults on a payment, the ski school is entitled to charge the customer statutory interest on arrears and all additional costs and expenses incurred, in particular debt collection or legal fees. In the event of outstanding claims, the ski school may, at its discretion, set off any payments made by the customer against their outstanding claims, irrespective of any designation of purpose by the customer. In the event of non-payment of a claim, all other claims against the customer shall also become due immediately.
6.8 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 Provision of Services
7.1 The customer must arrive at the ski school’s meeting point or at any other location within the ski school area specified by the ski school in good time before the start of the course.
7.2 The ski school reserves the right to change the meeting point for courses at short notice. In such cases, customers will be informed by the ski school.
7.3 The ski school reserves the right, before the start of each day’s ski lessons, to take the temperature of each customer in accordance with data protection regulations and, in the event of a high temperature, a fever or other clear signs of infectious diseases (e.g. COVID-19) that may pose a risk to other ski course participants as well as to instructors and supervisory staff, to exclude the customer from the lessons at its own discretion. In such cases, the customer is entitled, at their discretion, either to a pro-rata refund of any fees already paid or to the issue of a corresponding credit note.
7.4 The ski school undertakes to employ only instructors or childcare staff who are qualified for the respective service.
8 Limitation of Liability
8.1 In connection with the courses offered, the ski school does not guarantee the success of the course participants’ training.
8.2 The ski school shall not be liable – with the exception of personal injury – for any damage, provided that such damage is not attributable to wilful misconduct or gross negligence on the part of the ski school itself or a person for whom it is responsible, and the conduct causing the damage does not relate to the principal obligations arising from the contract entered into.
8.3 The ski school accepts no liability for damage which the customer causes to themselves or to other persons, or which is caused to them by other persons, during the provision of the agreed service, provided this is not the fault of the ski school.
8.4 Irrespective of fault, the ski school shall not be liable for loss of profit, pure financial loss or consequential damages, insofar as these exceed three times the service fee.
8.5 The customer is advised that failure to wear a helmet may constitute contributory negligence on the part of the customer in the event of injury; the customer is therefore advised to wear a helmet and carry any other safety equipment recommended for the service booked (e.g. an avalanche transceiver when skiing in off-piste terrain) or, in the case of avalanche equipment, to carry it with them. Helmets and safety equipment generally reduce the risk of injury.
8.6 It is expressly stated that practising snow sports involves numerous risks and that, particularly during tours or descents in off-piste terrain, there is an increased risk of injury or even death – especially as a result of avalanches – which cannot be entirely ruled out.
8.7 The customer acknowledges that rescue operations on pistes or in off-piste terrain often involve high costs. The customer is therefore advised to take out appropriate insurance, particularly as the ski school is not liable for rescue and air rescue costs, unless the ski school or a person acting on its behalf has caused these rescue and/or air rescue costs through wilful misconduct or gross negligence.
9 Obligations of the customer
9.1 The customer must provide the ski school with truthful and comprehensive information regarding their skills and experience in the snow sport booked, and must independently ensure that their equipment is appropriate to their level of skiing ability and the prevailing conditions. The customer must inform the ski school of any health conditions or impairments.
9.2 Furthermore, the customer undertakes not to take part in the ski course in the event of feverish infections, infectious diseases or illnesses accompanied by diarrhoea and vomiting. In particular, should COVID-19 symptoms (fever, dry cough, fatigue, breathing difficulties, etc.) occur, the customer undertakes to refrain from taking part in the ski course. If the customer has booked a group course, they may, upon presentation of a medical certificate, exercise the right of withdrawal provided for in clause 4.4 of these Terms and Conditions.
9.3 Before the start of lessons, the customer must independently arrange for their ski equipment (in particular ski bindings) to be checked by a specialist workshop.
9.4 The customer must follow the instructions of the ski school, the instructors and the supervisory staff. Failure to comply with instructions and warnings entitles the ski school to terminate the contract with immediate effect. This also applies if customers display inappropriate behaviour, particularly towards other course participants.
10 Privacy Policy
10.1 Further information can be found in the ski school’s privacy policy, which is available under ‘Privacy Policy’.
11 Miscellaneous Provisions
11.1 There are no verbal side agreements to these General Terms and Conditions. Side agreements of any kind, as well as amendments or additions, must be in writing to be valid. This also applies to any waiver of this requirement for the written form.
11.2 It is agreed that Austrian substantive law, to the exclusion of Austrian private international law, shall apply to all disputes arising from legal transactions governed by these General Terms and Conditions.
11.3 If the customer is a business or a consumer resident outside the scope of the Brussels I Regulation[1] or the Lugano Convention[2] (i.e. all countries with the exception of EU Member States, Switzerland, Norway and Iceland), it is agreed that, for all legal disputes arising from or in connection with these General Terms and Conditions and/or contracts between the ski school and the customer concerning the provision of ski school services, the court with subject-matter and territorial jurisdiction at the ski school’s registered office shall have exclusive jurisdiction.
11.4 Where the customer is a consumer resident within the EU or within the scope of the Lugano Convention, the statutory provisions on jurisdiction shall apply.
11.5 Should one or more of the provisions of these General Terms and Conditions be void, the Ski School and the customer are expressly deemed to have agreed upon legally valid provisions which most closely approximate the economic purpose of the invalid provision. The validity of the remaining provisions shall not be affected by any invalid provision.
11.6 All rights and obligations arising from these General Terms and Conditions shall pass to any legal successors of the ski school.
11 The place of jurisdiction shall in each case be Schwaz, Austria
[1] Regulation No 1215/2012 of the European Parliament and of the Council of 12 December 2012
[2] Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, concluded in Lugano on 16 September 1988
GENERAL TERMS AND CONDITIONS OF SKIVERLEIH SKICHECK GMBH
General Rental Terms and Conditions
- Booking winter sports equipment via our website implies acceptance of our General Terms and Conditions, which are set out below.
- The hire rate applies only to consecutive days!
- Adverse weather conditions or other impediments do not exempt the customer from paying the rental rate.
- In the event of injury or illness of the hirer during the hire period, the following rules apply upon presentation of a medical certificate:
a) immediate return of the hired equipment;
b) no charge for the hire fee from the day following the date of issue of the medical certificate; - If a medical certificate is not provided in the event of injury or illness, the full rental fee will be charged!
- Passing the hired equipment on to third parties is prohibited!
- The equipment can be insured against breakage; in the event of theft, a police report is required and the following excesses apply:
60 per cent of the recommended retail price of the relevant product - You have the option to insure your hired items for an insurance fee of 10 per cent of the hire sum.
This means that, in the event of damage, the insured person will not have to pay any excess! - Repair costs will be charged for wilful damage!
- Hires after 3.00 pm will only be charged from the following calendar day.
- No liability is accepted for accidents of any kind.
- The hire charges are determined by the category of equipment reserved by the customer and the selected hire period, in accordance with our hire rates, which appear in the second section of the ‘Reservation’ section on our website. Our prices include all taxes at the rate applicable at the time of your reservation.
Insurance Terms and Conditions
a) In the event of theft of hired equipment, a report must be made immediately to the police authority responsible for the area where the theft occurred!
b) No insurance cover is provided unless a report is made to the local police!
c) Insurance cover only comes into effect once the insurance premium has been paid in full!
d) The insurance is valid for a maximum of 10 days from the start of the hire period and applies to all items hired by the insured person from skiCHECK GmbH!
e) Insurance cover is personal and cannot be transferred to third parties!
f) In the event of theft from fixed premises (ski storage rooms), this insurance does not apply!
Method of payment
The customer may settle their hire costs directly online by credit card (MASTERCARD, VISA, etc.). In this case, they must enter their credit card number, expiry date and the 3-digit security code on their credit card. Any charges incurred as a result of payment by bank card (exchange rate-related bank charges, bank fees for payment transactions not carried out in the country where the bank card was issued, other bank fees, etc.) shall be borne by the customer. These charges correspond to any fees that may be levied solely by the customer’s bank in connection with the use of their bank card. Authorisation by the bank card network makes the order confirmed by the customer on the website effective. In the event of refusal by the bank card network, our company reserves the right to cancel the booking.
Secure payment by credit card
The card number and expiry date are encrypted and transmitted to the specialist company via a secure server (SSL) and are never passed on to skiCHECK GmbH.
Conclusion of the contract
The booking is finalised and only becomes valid once skiCHECK GmbH has received payment of the full hire amount, in accordance with the aforementioned payment methods, and once the customer has received an electronic message containing the booking confirmation, which must be printed out and presented by the customer at the shop.
Cancellation Policy
The customer has a withdrawal period of 7 calendar days from the date of the booking confirmation. If this period expires on a Saturday, Sunday, public holiday or non-working day, the period is extended to the next working day. However, with the customer’s consent, the right of withdrawal may no longer be exercised after the start of the hire period, but before the expiry of the 7 calendar days.
Right of withdrawal
If the right of withdrawal is exercised within the 7-calendar-day period, the amounts paid by the customer will be refunded, less a processing fee of 10 per cent of the total amount. The refund will be credited to the credit card used for payment.
Cancellation before collection of the equipment and after the expiry of the withdrawal period
Any cancellation before the start of the hire period will result in a refund of the hire price, less a 20% cancellation fee. The refund will be credited to the credit card used for payment.
Cancellation after collection of the equipment
In the event of illness or an accident occurring during the hire period, the terms of hire remain valid. Only the equipment belonging to the person directly affected may be returned and will therefore be charged on the basis of the actual number of days used (upon presentation of a medical certificate and return of the hired items).
Cancellation due to weather conditions
In the event of a total closure of the ski resort, which is normally available from the day the equipment is hired, and only in this case, the affected hire days will be refunded upon presentation of a statement from the lift operator. In this case, the refund will be credited to the credit card used for payment.
Personal data
skiCHECK GmbH processes the customer’s personal data for specific purposes and in accordance with statutory provisions. The personal data provided for the purpose of placing an order is used to fulfil and process the contract. We treat this data as confidential and do not pass it on to third parties who are not involved in the ordering, delivery and payment process.