General Terms & Conditions

These terms and conditions are translated from the original German version.  This English version serves as guidance only and in the case of any legal dispute reference will be made with the original legally binding German version.

1.1 Unless expressly agreed otherwise, these general terms and conditions (hereinafter referred to as “Ts and Cs”) apply exclusively to all transactions between the Skischule Obergurgl OG(hereinafter referred to as “Ski School”) and the contractual partner (hereinafter referred to as “Customer”), in the current “Valid Version.” The Valid Version of the General Ts and Cs depends on the time at which relevant offer was submitted to the Customer.

1.2. The object of the company is the operation of a snow sports school (ski school). This includes, among other things, giving ski, snowboard and cross-country skiing lessons, leading and accompanying on ski tours (as defined in Section 1 Paragraph 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 at lunchtime). These General Terms and Conditions apply to all ski school services in this context.

1.3. Provisions that deviate from these Ts and Cs only apply if there is an written agreement between the Ski School and the Customer. Conflicting terms and conditions of the Customer have no effect on the business relationships listed in point 1.2.

Agreement of contract

2.1 A contract can be agreed between the Ski School and the Customer both electronically (submitting an offer via an online form/by telephone and accepting the contract by confirming email) as well as at the Ski School's business premises (concluding a contract by handing over a payment receipt).

2.2. The Customer's submission of a fully completed online form represents a legally binding contract with the Ski School in relation to the agreed services advertised by the Ski School. The Ski School sends an order confirmation to the Customer based on such an offer. A contractual relationship between the Ski School and the Customer is only confirmed when this order confirmation is sent.

2.3 The Customer's declaration to an employee of the Ski School that they want to use the Ski School's services represents a legally binding contract to the Ski School.  A contractual relationship is established when the desired service is paid for, and a payment receipt is issued in accordance with the Ski School and the respective Customer conditions.

2.4. The booking confirmation and/or proof of payment serve as confirmation of the booked service and must be presented by the Customer to the respective course instructor at the start of the Course.

2.5. The Ski School is not obliged to inform the Customer if online bookings are unsuccessful. If the Customer's offer is not confirmed within 2 (two) weeks of receipt, the Customer's offer is deemed not to have been confirmed.

Right of withdrawal when agreeing a contract via telephone, web form or email

3.1. The services offered are a “Leisure Service” within the meaning of the Distance and Away Business Act (FAGG).

3.2. According to Section 18 Paragraph 1 Item 10 FAGG, there is no right of withdrawal for Leisure Services.

Cancellation policy

4.1. For private Courses, cancellation of the contract is possible up until (and no later) than 5:00 p.m. the day before without incurring a cancellation fee. However, if the cancellation occurs after this time the Ski School is entitled to charge the full payable amount to the Customer.

4.2. With regard to group Courses, a refund of payments already made is only possible in the event of an accident or illness, upon presentation of the original receipt (see back of the course card) and with a medical certificate from a local doctor. The refund amount is calculated by what is owed.

4.3. If you cancel during an ongoing service or fail to show up on the agreed date, there will be no refund.

4.4. If the weather conditions do not allow the service to be carried out for safety reasons, the Ski School reserves the right to postpone or cancel the services.

4.5. The Ski School is entitled to withdraw from the contract at any time if the Customer takes part in courses under the influence of alcohol, drugs or medication that would mean safe participation can no longer be guaranteed.  The same applies if the Customer persistently resists the instructions of the Ski School, teachers or carers (see point 9.4). The Customer is not entitled to any claims in the event of such contract termination; In particular, they are also obliged to pay the full fee.

Impossibility of performance

5.1. If it is not possible to provide the service for safety reasons (e.g. weather conditions, risk of avalanches, etc.), the Ski School is not obliged to provide the service. It is solely at the Ski School's reasonable discretion to assess the impossibility of providing the service, whereby a partial impossibility - for example, ski lessons are not possible on three out of five days - does not affect the implementation of the possible part of the service.

5.2. In the event of (partial or complete) impossibility of performance in accordance with point 5.1, the Ski School will decide to postpone any course cancellations or, if this is not possible, to issue a credit note for the pro-rata fee. The Customer is not entitled to any further claims.

5.3. Force majeure, in particular epidemics, pandemics, official measures such as closures, other unforeseeable and unavoidable events release the Ski School from its performance obligations.

Prices, payment methods

6.1. All information - in particular the Ski School's price lists on the Internet, in brochures, advertisements or other information media - is 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 sales tax, unless otherwise stated.

6.3. Costs for ski passes or ski equipment are not included in the Course fees. These must be purchased by the Customer at their own expense and brought with them.

6.4. Group Courses: The Ski School's right to payment from the Customer arises when the contract is agreed. At this point payment is due. For online bookings, however, payment is made immediately when the offer is submitted using one of the payment methods set up for online bookings. If you book on site, payment must be made directly by card or cash on site. In any case, payment must be made before the start of the group Course.

6.5. Private Courses: For online bookings, payment is also made immediately when the offer is submitted using one of the payment methods set up for online bookings. When booking by email, the Customer will be sent a payment link when the offer is accepted, which can then be used to pay for the private Course. When booking on site, you have the option of paying for the Course either by card or cash directly. In any case, payment must be made before the private Course begins.

6.6. The Customer can only initiate counterclaims that have been legally established by a court or have been expressly recognized by the Ski School and in the event of the Ski School's insolvency. Statutory rights are not affected by this point of the contract.

6.7. Late payment occurs without further notification from the Ski School. In the event that the Customer defaults on a payment, the Ski School is entitled to charge the Customer the statutory default interest and all additional costs and expenses incurred, in particular debt collection or legal fees. In the case of outstanding claims, the Ski School can offset payments made by the Customer against their 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 location for all obligations to be fulfilled by both the Ski School and the Customer is the location of the ski school's headquarters - Piccardweg 1, 6456 Obergurgl.

Service regulations

7.1. In order for the Ski School to provide the service, the Customer must arrive at the Ski School's meeting point or at another location previously agreed in the Ski School area 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, Customers will be informed by the Ski School.

7.3 In the case that the number of participants in a group Course falls below 3 (three) people the Ski School reserves the right to either combine groups or shorten the lesson times (e.g. half a day instead of a full day)

7.4. The Ski School undertakes to only use teachers or childcare staff who are qualified for the respective service.

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 for damages, unless the damages are due to intentional or grossly negligent behavior on the part of the Ski School itself or a person attributable to it and the behavior causing the damage This does not affect the main obligations arising from the concluded contract.

8.3. The Ski School assumes no liability for damage that the Customer causes to himself or other people during the performance of the agreed service through no fault of the Ski School.

8.4. Regardless of fault, the Ski School is not liable for lost profits, pure financial losses and consequential damages to the extent that these exceed three times the service fee.

8.5. The Customer is advised that failure to wear a suitable helmet in the event of injuries may constitute contributory negligence on the part of the Customer, which is why the Customer is recommended to wear a helmet and other safety equipment recommended for the service booked (e.g. avalanche transceiver when traveling in open terrain). Helmets and safety equipment usually reduce the risk of injury.

8.6. It is expressly stated that practicing snow sports is associated with numerous risks and, in particular, there is an increased risk for tours or descents in open terrain. Injuries or even death, especially from avalanches, exist and cannot be completely ruled out.

8.7. The Customer acknowledges that rescue from slopes or in open terrain is often associated with high costs. The Customer is therefore recommended to take out appropriate insurance as the Ski School accepts no liability for rescue and air rescue costs, unless the Ski School or a person attributable to it has covered these rescue and/or air rescue costs

caused by intentional or grossly negligent behaviour.

Obligations of the customer

9.1. The Customer must inform the Ski School truthfully and comprehensively about their skills and experience in the snow sport booked and must independently ensure that the equipment is appropriate to the state of 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 or illnesses that are accompanied by diarrhea and vomiting. In particular if COVID-19 symptoms occur (fever, dry cough, fatigue, difficulty breathing, etc.), the Customer undertakes to refrain from taking part in the ski Course. If the Customer has booked a group Course, he or she can exercise the right of withdrawal provided for in point 4.4 of these Ts and Cs upon presentation of a medical certificate.

9.3. Before the start of the lesson, the Customer must arrange for their ski equipment (in particular ski bindings) to be checked by a specialist company.

9.4. The Customer must follow instructions from the Ski School, teachers and carers. Failure to comply with instructions and warnings entitles the Ski School to immediately terminate the contract. This also applies if Customers display improper behavior, particularly towards other course participants.

Data protection

10.1. Further information can be found in the Ski School's data protection declaration, which is available at

www.skischule-obergurgl.com/kontakt/datenschutz/

Other provisions

11.1. There are no verbal additional agreements to these Ts and Cs. Subsidiary agreements of whatever kind, changes or additions must be made in writing to be effective. This also applies to the waiver of this written form requirement.

11.2. For all disputes arising from legal transactions on which these Ts and Cs are based, the applicability of substantive Austrian law, excluding Austrian international private law, is agreed.

11.3. If the customer is a consumer residing outside the scope of the EuGVVO1 or the Lugano Convention2 (these are all countries with the exception of the EU member states, Switzerland, Norway and Iceland), all legal disputes arising from or in connection with these Ts and Cs and/or contracts between the Ski School and the Customer regarding the provision of Ski School services agree that the court with subject matter and local jurisdiction at the Ski School's headquarters is the exclusively competent court.

11.4. If the Customer is a consumer residing within the EU or within the scope of the Lugano Convention, the legal provisions regarding court jurisdiction apply.

11.5. If one or more of the provisions of these Ts and Cs is/are invalid, the legally effective provisions which come closest to the economic purpose of the invalid provision are deemed to be expressly agreed between the Ski School and the Customer. The effectiveness of the remaining provisions is not affected by an invalid provision.

11.6. All rights and obligations from these general terms and conditions are transferred to any legal successors of the Ski School.