General Terms and Conditions of the Alpin Schischule Neustift
Owner: Robert Schlaucher, Neugasteig 19, 6167-Neustift im Stubaital
All our course participants must fulfil the Austrian legal requirements for participation in ski & snowboard lessons at the start of the course.
Scope of application of the GTCs
⦁ For business relationships between the Alpin Schischule Neustift (hereafter referred to as “ski school”) and the contractual partner
(hereafter referred to as “customer”), these general terms and conditions (hereafter referred to as “GTC”) in the respective valid version apply exclusively.
The valid version of the general terms and conditions of business depends in each case on the time of the relevant offer submission by the customer.
⦁ The ski school provides the customer with services in the area 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.
⦁ Provisions which deviate 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 stated in point.
Conclusion of contract
⦁ A conclusion of 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).
⦁ 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.
⦁ 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.
⦁ 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 course instructor at the beginning of the course.
⦁ 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 deemed not accepted.
⦁ Right of cancellation on conclusion of the contract by telephone, web form or e-mail
⦁ The services offered are “leisure services” within the meaning of the Fern- und Auswärtsgeschäfte-Gesetz (FAGG).
⦁ There is no right of withdrawal for leisure services according to § 18 Abs 1 Z 10 FAGG.
Right of withdrawal
⦁ 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).
⦁ In case of private courses, the withdrawal is allowed at the latest three days (for the 2020/21 season: 24 hours) before the first day of the beginning of the service without any further obligations of the customer.
⦁ In case of group courses (i.e. the customer has booked a group course; not meant are bookings for groups of people), withdrawal is permitted without any further obligations on the part of the customer
up to three days (for the 2020/21 season: 24 hours) before the first day of the start of the service.
⦁ For all courses, in the event of illness or accident which makes it impossible to participate in the booked service, withdrawal is also permitted for the period from the occurrence of the hindrance, if the customer presents
a medical certificate to the ski school without unnecessary delay. The ski school will either issue a credit note for the proportionate payment to be remunerated or pay the proportionate payment back to the customer within seven days at the customer’s choice.
⦁ The receipt of the letter of withdrawal by the ski school is decisive for the observance of the deadline. In order to meet the respective deadline, it is necessary that the letter of withdrawal is received by the ski school
at the latest 24:00 hours before the deadline expires. Transmission errors and similar are at the expense of the customer.
⦁ 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 also applies in particular to the case of non-appearance or late appearance on the agreed date.
⦁ 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 disagrees with the instructions of the ski school, the instructors or the support staff (see point ).
The customer is not entitled to any claims in the event of such a termination of contract; in particular, he is also obliged to pay the full remuneration.
Impossibility of service
⦁ If it is not possible to provide 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.
⦁ In the event of the (partial or complete) impossibility of performance in accordance with point 5.1, the ski school will refund the proportionate payment to the customer within seven days. The customer is not entitled to any further claims.
⦁ Force majeure, especially epidemics, pandemics, official measures such as closures, other unforeseeable and unavoidable events release the ski school from its service obligations.
⦁ In the case of the (partial or complete) impossibility of service 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 within seven days.
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.
Prices, terms of payment
⦁ All information – in particular the ski school’s price lists on the internet, in brochures, advertisements or other information carriers – is non-binding for the ski school. The ski school reserves the right to make changes at any time.
⦁ All prices are quoted in EURO (€) and are gross, including any statutory VAT, unless otherwise stated.
⦁ 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.
⦁ The ski school’s claim for payment from the customer arises upon conclusion of the contract. Payment is due at this time. 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 within seven working days by means of the same payment method as used by the customer.
⦁ In the case of other booking methods, e.g. by email or directly on site, payment of the course fee can be made within 21 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 in any case before the course begins. 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.
⦁ The customer can only offset against such counterclaims, which have been legally established 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 point of the contract.
⦁ Delay in 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.
⦁ 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.
Provision of services
⦁ The customer must arrive 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 in order to provide the service.
⦁ 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.
⦁ 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.
⦁ The ski school undertakes to employ only teaching or childcare personnel qualified for the respective service.
⦁ The group courses take place from 10:00 to 14:00 and include a lunch break. If there are less than four people in a group, the ski school reserves the right to shorten the lessons from 10:00 to 12:00. This is expressly not accompanied by a price reduction.
⦁ Group courses can be extended provided that a place is available according to the client’s skiing ability. In the case of a course extension, only the difference in price between the days already purchased and the days requested will be charged according to the price table.
After six days of group courses, a new course must be purchased at the normal price.
Limitation of liability
⦁ In connection with the offered courses, the ski school does not guarantee the success of the training for the course participants.
⦁ The ski school is not liable – with the exception of personal injury – for damage, as long as the damage is 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.
⦁ The ski school accepts no liability for damages which the customer inflicts on himself or other persons or which are inflicted on him by them during the execution of the agreed service without the fault of the ski school.
⦁ Irrespective of fault, the ski school is not liable for lost profits, pure financial losses and consequential losses, as far as these exceed 3 times the service fee.
⦁ It is pointed out to the customer that not wearing a crash helmet in the event of injury can constitute contributory negligence on the part of the customer. For this reason, 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, back protector) or to carry it in the case of avalanche equipment. Crash helmets and safety equipment generally reduce the risk of injury.
Helmets are compulsory for children and young people under 18 years of age without exception.
⦁ It is expressly stated that the practice of snow 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, especially from avalanches, which cannot be completely ruled out.
⦁ The customer acknowledges that rescuing from slopes or in open terrain is often associated with high costs. The customer is therefore advised to take out appropriate insurance, especially as the ski school is not liable for rescue and air rescue costs,
unless the ski school or a person attributable to it has caused these rescue and/or air rescue costs through deliberate or grossly negligent behaviour.
Obligations of the customer
⦁ The customer has to inform the ski school truthfully and comprehensively about his abilities and experiences in the respective booked snow sport as well as independently provide 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.
⦁ Furthermore, the customer undertakes not to take part in the ski course in the event of feverish infections, contagious illnesses 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. On presentation of a medical certificate, he may exercise the right of withdrawal provided for in point 4.4 of these GTC.
⦁ Before the start of the course, the customer must independently arrange for his ski equipment (in particular ski bindings) to be checked by a specialist company.
⦁ The customer must follow the instructions of the ski school, the instructors and the support staff. 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.
⦁ The use, processing and storage of texts, pictures and videos (i.e. data in the general sense) may only take place with the written agreement of the Alpine Ski School Neustift.
This concerns illustrations with teachers, trainers and students of the Alpine Ski School Neustift.
⦁ Further information can be found in the ski school’s data protection declaration, which is available at https://alpin-schischule.com/datenschutz/.
⦁ 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.
⦁ For all disputes arising from legal transactions based on these General Terms and Conditions, the applicability of Austrian substantive law is deemed agreed, excluding Austrian international private law.
⦁ If the customer is an entrepreneur or consumer with residence outside of 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),
the factually and locally responsible court at the ski school’s headquarters is agreed as the exclusively responsible court for all legal disputes 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.
⦁ As far as the customer is a consumer with residence within the EU or the area of application of the Lugano Convention, the legal regulations concerning the court of jurisdiction apply.
⦁ 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.
⦁ All rights and obligations from these general terms and conditions are transferred to possible legal successors of the ski school.