GENERAL TERMS AND CONDITIONS SKI SCHOOLS
Tiroler Skischule skiCHECK Alpbachtal, Gerhard Kirchmair OG
Tiroler Skischule skiCHECK Fügen/Hochfügen, Kevin Benk OG
Tiroler Skischule skiCHECK Kühtai, Marko Ferdrizzi OG
1 Scope of application of the AGB
1.1 For business relationships between the listed ski schools (hereafter referred to as “ski school”) and the contractual partner (hereafter referred to as “customer”), these General Terms and Conditions of Business (hereafter referred to as “GTC”) in the respectively valid version apply exclusively. The valid version of the general terms and conditions of business depends on the time of the relevant offer by the customer.
1.2 The ski school provides the customer with services in the field of skiing and snow sports. This includes, among other things, giving skiing, snowboarding and cross-country skiing lessons, guiding and accompanying on ski tours (as defined in § 1 para. 1 T-SSG 1995) and related activities (hereinafter referred to as “courses”). Also included are any childcare services and related services (e.g. meals for children). These GTCs apply to all services of the ski school in this context.
1.3 Regulations deviating from these GTCs are only valid with an express written agreement between the ski school and the customer. Contradictory terms and conditions of the customer have no effect on the business relationships listed in point 1.2.
2 Conclusion of contract
2.1 The conclusion of a contract between the ski 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 in the business premises of the ski school (conclusion of the contract by handing out a payment receipt).
2.2 The sending of a completely filled out online form by the customer represents a legally binding offer to the ski school to conclude a contract for the services advertised by the ski school. The ski school sends an order confirmation to the customer on the basis of such an offer. A contractual relationship between the ski school and the customer only comes into effect with the transmission of this order confirmation.
2.3 The declaration of the customer to an employee of the ski school that he/she wishes to make use of the services of the ski school represents a legally binding offer to the ski school to conclude a contract. A contractual relationship between the ski school and the respective customer only comes into effect with the payment of the desired service and the issue of a payment receipt.
2.4 The booking confirmation and/or the proof of payment serve as proof of the use of the booked service and must be presented by the Customer to the respective course instructor at the beginning of the course.
2.5 The ski school is not obliged to inform the customer of a refusal of online bookings. If the customer’s offer is not confirmed by the ski school within a period of 2 (two) weeks from receipt, the customer’s offer is in any case considered as not accepted.
3 Right of withdrawal when concluding a contract by telephone, web form or e-mail
3.1 The services offered are a “leisure service” within the meaning of the Fern- und Auswärtsgeschäfte-Gesetz (FAGG).
3.2 There is no right of withdrawal for leisure services according to § 18 Abs. 1 Z 10 FAGG.
4 Right of withdrawal
4.1 The customer is entitled to withdraw from the contract unilaterally and without further obligation, in particular without the obligation to pay a fee or a cancellation fee, under the following conditions in writing (email is sufficient).
4.2 In the case of private and group courses, withdrawal is allowed up to 3 days before the first day of the service without further obligations on the part of the client.
4.3 In the case of group courses, in addition, in the event of illness or accident which makes it impossible to participate in the booked service, withdrawal is permitted for the period of the following day from the occurrence of the hindrance, if the customer presents a medical certificate to the ski school. The ski school will either issue a credit note for the proportionate payment to be remunerated or refund the proportionate payment to the customer at the choice of the customer.
4.4 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 remuneration. This also applies in particular to the case of non-appearance or late appearance on the agreed date.
4.5 The ski school is entitled to withdraw from the contract at any time if the customer’s participation in courses takes place under the influence of alcohol, drugs or medication which no longer guarantee safe participation. The same applies if the customer persistently resists the instructions of the ski school, the instructors or the care personnel (see point 9.4). The customer is not entitled to any claims in the event of such a termination of contract; in particular, the customer is also obliged to pay the full remuneration.
5 Impossibility of service
5.1 If it is not possible to carry out the service for safety reasons (e.g. weather conditions, danger of avalanches, etc), the ski school is not obliged to provide the service. It is solely incumbent upon the reasonable discretion of the ski school to assess the impossibility of the service provision, whereby a partial impossibility – e.g. no ski instruction is possible on three of five days – does not affect the implementation of the possible service part.
5.2 In the case of the (partial or complete) impossibility of performance according to point 5.1, the ski school will refund the proportionate payment to the customer. The customer is not entitled to any further claims.
5.3 Force majeure, especially epidemics, pandemics, official measures such as closures, other unforeseeable and unavoidable events release the ski school from its performance obligations.
5.4 In the case of the (partial or complete) impossibility of performance in accordance with point 5.3, the ski school will either issue a credit note for the proportionate payment or pay the proportionate payment back to the customer. The customer has the right to choose in this regard. The customer is not entitled to any further claims. A possible right of withdrawal according to § 10 paragraph 2 Package Travel Act remains unaffected.
6 Prices, terms of payment
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 quoted in EURO (€) and are gross, including any statutory value added tax, unless otherwise stated.
6.3 Costs for ski tickets or ski equipment are not included in the course fees. These are to be purchased by the customer at his own expense and brought with him.
6.4 The ski school’s claim for payment from the customer arises with the conclusion of the contract. At this time the payment is due. In the case of online bookings, payment is made immediately upon presentation of the offer using one of the payment methods set up for online bookings. Should the customer’s offer not be accepted by the ski school, an already paid amount will be refunded by means of the same payment method as the customer has used.
6.5 In the case of other booking methods, e.g. by email or directly on site, the payment of the course fee can 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 be received by the ski school before the start of the course. All expenses – especially bank charges – in connection with the payment of the course booked with the ski school are to be borne exclusively by the customer.
6.6 The customer can only offset against such counterclaims, which have been legally determined by a court of law or expressly recognised by the ski school as well as in the case of insolvency of the ski school. Legal rights of retention are not affected by this contract point.
6.7 Default of 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 arrears and all additional costs and expenses incurred, in particular collection or lawyer’s fees. In the case of open claims, the ski school can offset payments made by the customer against the customer’s open claims at will, irrespective of any dedication by the customer. In the case of non-payment of a claim, all other claims against the customer are also due immediately.
6.8 The place of fulfilment for all obligations to be fulfilled by both the ski school and the customer is the location of the ski school’s headquarters.
7 Service provision
7.1 The customer must be present at the ski school’s meeting point or at another location in the ski school area announced 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 of the courses at short notice. In these cases the customers will be informed by the ski school.
7.3 The ski school reserves the right to take a fever measurement for each customer before the start of each ski course day in compliance with the data protection regulations and to exclude the customer from lessons at its own discretion in the event of increased temperature, fever or other clear signs of infectious diseases (e.g.: COVID-19), which could pose a risk to other ski course participants as well as to instructors and support staff. In such cases, the customer is entitled to a pro-rata refund of any payment already made or to the issue of a corresponding credit note.
7.4 The ski school commits to employ only teaching or childcare personnel 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.
8.2 The ski school is not liable – with the exception of personal injury – for damages, insofar as the damages are not based on deliberate or grossly negligent behaviour of the ski school itself or a person attributable to it and the behaviour causing the damage does not concern the main obligations arising from the concluded contract.
8.3 The ski school assumes no liability for damages which the customer inflicts on himself or other persons during the execution of the agreed service without the fault of the ski school or which are inflicted on him by the ski school.
8.4 Irrespective of fault, the ski school is not liable for lost profits, pure financial losses and consequential losses, insofar as these exceed three times the service fee.
8.5 It is pointed out to the customer that not wearing a crash helmet in the event of injury may constitute contributory negligence on the part of the customer, which is why the customer is recommended to wear a crash helmet and other safety equipment recommended for the service booked (e.g. avalanche transceiver when travelling in open terrain) or, in the case of avalanche equipment, to carry it with him/her. Crash helmets and safety equipment generally reduce the risk of injury.
8.6 It is expressly stated that the practice of snow sports is associated with numerous risks and that there is an increased risk of injury or even death, in particular due to avalanches, especially when touring or skiing in open terrain, which cannot be completely excluded.
8.7 The customer acknowledges that rescuing skiers from slopes or in open terrain is often associated with high costs. The customer is therefore recommended to take out appropriate insurance, especially as the ski school is not liable for rescue and flight rescue costs, unless the ski school or a person attributable to it has caused these rescue and/or flight rescue costs through deliberate or grossly negligent behaviour.
9 Duties of the customer
9.1 The customer has to inform the ski school truthfully and comprehensively about his abilities and experience in the respective booked snow sport and has to take care independently for 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 take part in the ski course in the event of feverish infections, contagious diseases and illnesses associated with diarrhoea and vomiting. In particular in the event of COVID-19 symptoms (fever, dry cough, tiredness, breathing difficulties etc.) the customer undertakes to refrain from participating in the ski course. If the customer has booked a group course, he/she may exercise the right of withdrawal provided for in point 4.4 of these General Terms and Conditions on presentation of a medical certificate.
9.3 Before the start of lessons, the customer must independently arrange for his ski equipment (especially ski bindings) to be checked by a specialist company.
9.4 The customer must follow the instructions of the ski school, the instructors and the supervisors. Disregard of instructions and warnings entitles the ski school to immediately dissolve the contract. This also applies if customers display improper behaviour, especially towards other course participants.
10.1 Further information can be found in the data protection declaration of the ski school, which is available under our data protection declaration.
11 Other regulations
11.1 There are no verbal collateral agreements to these GTCs. Subsidiary agreements of whatever kind, changes or additions must be made in writing to be effective. This shall also apply to any waiver of this written form requirement.
11.2 For all disputes arising from legal transactions based on these General Terms and Conditions, the applicability of Austrian substantive law, excluding Austrian international private law, shall be deemed agreed.
11.3 If the customer is an entrepreneur or consumer with residence outside the area of application of the EuGVVO  or the Lugano Convention  (these are all countries with the exception of the EU member states, Switzerland, Norway and Iceland), 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 regarding the provision of ski school services, the factually and locally competent court at the ski school’s headquarters is agreed as the exclusively competent court.
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 general terms and conditions is/are void, such legally effective provisions are expressly agreed between the ski school and the customer which come closest to the economic purpose of the invalid provision. The effectiveness of the remaining provisions is not affected by a void provision.
11.6 All rights and obligations from these GTCs are transferred to any legal successors of the ski school.
11 Place of jurisdiction is Schwaz, Austria
 Regulation No 1215/2012 of the European Parliament and of the Council of 12.12.2012
 Convention on jurisdiction and the enforcement of judgments in civil and commercial matters concluded at Lugano on 16 September 1988