1. Scope of Application of the GTC
For all business relations between the Schischule Silvretta Galtür (hereafter referred to as Ski School) and a contracting party (hereafter referred to as client) only the General Terms and Conditions (hereafter referred to as GTCs) as amended from time to time apply. The present form of the GTCs respectively complies with the time and date of the client’s quotation
- The Ski School provides services for the client in the ski- and snowsport sector. Thereof included are: giving lessons and holding classes in skiing, snowboarding and cross-country skiing, guiding and accompanying ski tours (iSd § 1 para. 1 T-SSG 1995) as well as associated activities (hereafter referred to as courses). Included are also possible child care services and associated activities and services (e.g. catering for children). The GTCs apply to all services of the Ski School in this regard.
- Derogations from the GTCs only apply after explicit, written agreement between the Ski School and the client. Contradictory business conditions of the client do not take effect on the in point 1.2 expressed business relations.
2. Contract Formation
- A contract formation between the Ski School and a client is possible by electronic means (submission of an offer through online forms and acceptance of the contract by means of a confirmation email) as well as in the business premises of the Ski School (contract formation by delivery of a receipt or voucher).
- If a client forwards a completely filled in online form, it constitutes a legally binding offer for the formation of a contract regarding the advertised services on the part of the Ski School. Because of such an offer, the Ski School forwards an order confirmation to the client. Only after forwarding such an order confirmation, a contractual relationship between the Ski School and the client comes into existence.
- If a client declares in front of an employee of the Ski School to want to employ the services of the Ski School, it constitutes a legally binding offer for the formation of a contract regarding the advertised services on the part of the Ski School. Only after payment of the desired service and delivery of a receipt or voucher, a contract between the Ski School and a client is formed.
- The order confirmation and/or the receipt serve as proof that booked services may be used. The order confirmation and/or the receipt are to be presented to the course instructor by the client before commencing the course.
- The Ski School is not obliged to inform the client of a rejection of an online booking. If an offer of a client is not confirmed by the Ski School within two weeks after receiving the offer, the offer of the client is classified as unaccepted.
3. Cancellation Right in Case of Contract Formation via Telephone, Online Form or Email
- The offered services are so-called recreational services within the meaning of the Fern- und Auswärtsgeschäfte-Gesetz (FAGG) (long-distance business relationship law).
- For recreational services, according to § 18 para. 1 Z 10 FAGG a cancellation right does not exist.
4. Cancellation Right
- The client is entitled to cancel a contract without further obligations in written form (email is sufficient) by the terms mentioned below. The client will not have to pay a consideration but is obliged to pay an adimisitrative fee of 20€.
- Private instruction can be cancelled until 24 hours before the first day of the service the latest. Has the private instruction been paid online in advance, an adimisitrative fee of 20€ will be charged and the remainder will be refunded.
- Group courses (i.e. the client booked a group course and not a course for a group of people) can be cancelled until 24 hours before the first day of the service the latest. Has the private instruction been paid online in advance, an adimisitrative fee of 20€ will be charged and the remainder will be refunded.
- In case of illness or accident which would make the participation in a booked service impossible, the client has the right to terminate the contract. A termination is accepted if the client presents the Ski School with a doctor’s certificate from a licensed doctor in the holiday region without unnecessary delay. A termination is accepetd as from the onset of the illness or accident. The Ski School will then refund the partial consideration within 7 days.
- Essential for keeping the term is the respective arrival of the information of the avoidance of contract at the Ski School. In order to keep the term, it is necessary that the information of avoidance of contract will reach the Ski School 24 hours before lapse of time the latest. Errors arising in the transmission of messages and similiar or the like will be borne by the client.
- In all other cases, withdrawal from the contract without explicit written approval by the Ski School is not permitted and the client has to pay the full consideration. This is also valid in default of appearance by the client or by late arrival to an agreed appointment.
- The Ski School is entitled to withdraw from a contract at any time if the client participates in a service under the influcene of alcohol, illegal drugs or medication which would not ensure safe participation. The same is true if a client persistently opposes instructions by the Ski School, the skiing instructors or other staff members such as caregivers and administrative employees (cf. point 9.4). The client is in such a case of dissolution of contract not entitled to any claims whatsoever. The client is also obliged to pay the full consideration.
5. Impossibility of Performance
- If it is impossible to provide a service because of safety reasons (such as extreme weather conditions, avalanche risk, etc.), the Ski School is not obliged to provide the services. It is exclusively for the Ski School to decide whether or not performing services is possible. A partial impossibility of performance – such as on three out of five days no skiing instruction is possible – does not have an effect on the performance of possible services.
- In cases of (partial or full) impossibility of performance according to point 5.1., the Ski School will refund the partial consideration within 7 days. Clients are not entitled to any additional claims.
- Force majeure, especially epidemics, pandemics, governmental measures, such as closings, and other unforseen and inevitable events free the Ski School from ist obligation to perform.
- In cases of (partial or full) impossibility of performance specified under point 5.3., the Ski School will refund the partial consideration less 20€ administrative fee within 7 days. Clients are not entitled to any additional claims. A possible cancellation right according to § 10 para. 2 Pauschalreisegesetz (package holiday law) will remain unaffected.
6. Rates (Prices), Payment Terms
- All information – especially price sheets of the Ski School on the interent, in leaflets, on advertisements or in other information media – is not binding for the Ski School. All information is subject to change.
- All price quotes are in euro (€) and subject to VAT, including a possible VAT at the statutory rate if not specified otherwise.
- Costs for ski passes or skiing equipment are not included in the course fees. Ski passes as well as skiing equipment are to be purchased at one’s own expense and taken along to the course.
- With contract formation, the Ski School is entitled to a claim for consideration. At the time of contract formation, payment becomes due. With online bookings, payment becomes due at the moment of a client’s quotation through pre-arranged methods of payment. Should a client’s quotation not be accepted by the Ski School, the previously paid consideration will be refunded in the same method of payment within 7 days.
- In cases of other methods of booking, e.g. via email or on the spot, the payment of the course fee can be conducted by transfer to the account of the Ski School or by paying in cash upon contract formation. In any case, the payment has to be made before the course starts. All expenses – especially bank charges – in connection to booked courses are exclusively at the client’s charge.
- The client can only offset counterclaims if they were legally and judicially established, explicitely recognized by the Ski School or if the Ski School is insolvent. The legal right of retention is not affected by this article of the contract.
- Default occurs without further notice by the Ski School. In case, a client is in default, the Ski School is entitled to charge the legal default interest and all additional costs and expenses, especially lawyers‘ fees and collection costs to the client’s account. If there is outstanding debt, the Ski School is entitled to count payment by the client, regardless of a possible dedication, towards the client’s debt. In case of non-payment of an outstanding debt, all other claims against the client are due immediately.
- Place of fulfilment for all duties of the Ski School or of the client is the registered office of the Ski School.
7. Service Provision
- The client has to be present on time at the gathering point of the Ski School or another meeting point previously arranged with the Ski School for provision of service.
- The Ski School reserves the right to change the meeting point on short notice. In such cases, the clients will be informed by the Ski School.
8. Limitation of Liability
- In connection to the provided courses, the Ski School does not assume responsibility for the success of the clients‘ tuition.
- The Ski School does only assume liability for damages that were caused by deliberate or grossly negligent behaviour by the Ski School or attributable people. The Ski School only assumes liability if the damage causing behaviour concerns the primary duties specified in the concluded contract.
- The Ski School does not assume liability for damages that the client inflicts on him or herself or on others during the agreed service provision through no fault of the Ski School. The Ski School does not assume liability for damages that are inflicted on the client through others during the agreed service provision through no fault of the Ski School.
- Regardless of fault, the Ski School does not assume liability for loss of profit, financial losses and consequential damages if they exceed triple the service consideration.
- It is pointed out to the client that not wearing a safety helmet can be seen as contributory negligence in cases of injuries. The client is therefore advised to wear a safety helemt as well as additional safety equipment recommended for the respective service (e.g. avalanche transceiver when going off-piste). As a gerneral rule, safety helmets and safety equipment diminish the risk of injury.
- It is explicitely expressed that skiing and other snow sport is connected to numerous risks. Especially ski tours or downhill skiing in off-piste areas contains an enhanced risk for injuries or death through avalanches that cannot be ruled out entirely.
- The client acknowledges that carrying out a rescue from slopes or off-piste areas can result in high costs. It is therefore recommended that the client has taken care of an appropriate insurance beforehand, as the Ski School Galtür does not assume liability for the air rescue costs or other costs connected to the rescue.
9. Client Duties
- The client has to inform the Ski School truthfully and thoroughly about his or her abilites in the respective snow sport as well as ensure that the equipment corresponds to standard requirements. The client has to inform the Ski School about possible health and medical conditions and impairments.
- The client is under the obligation not to participate in the ski course when having a febriel infect, a contagious disease, or when suffering from diarrhoea and vomitting. Especially when experiencing COVID-19 symptoms (fever, dry cough, fatigue, breathing difficulties, etc.), the client is under the obligation to refrain from participating in the ski course. If the client booked a group course, he or she can resort to the cancellation right upon presentation of a doctor’s certificate specified under 4.4.
- The client has to have the skiing equipment (especially ski binding) prepared and checked independently before the course.
- The client has to follow instructions by the Ski School, the instructors and caretakers. Defiance of instruction or warnings entitle the Ski School to immediate dissolution of contract. This is also valid if a client displays improper conduct especially towards other clients.
11. Other Terms
- There are no verbal side agreements to the GTCs. Verbal side agreements whatsoever, changes or amendments require a written form to become effective. The same applies to digressions of the requirement of written form.
- It is understood that for all litigations from legal transactions where the GTCs underlie, the Austrian substantive law to the exclusion of the Austrian international civil law is applicable.
- If the client is entrepreneur or consumer with residence outside of the scope of application of EuGVVO or the Lugano Convention (all countries with exception of EU member states, Switzerland, Norway and Iceland), then only the court that has jurisdiction ratione loci and ratione materiae at the registered office of the ski school is regarded as competent to rule in litigation, claims and assessments resulting from or in connection to these GTCs or contracts concerning service provision.
- Is the client consumer with residence in the EU or within the scope of application of the Lugano Convention, the legal terms for the judicial competence apply.
- If one or more terms of these GTCs are invalid, regualtions which come closest to the commercial purpose apply and are regarded as agreed on between the Ski School and the client. The effectiveness of other terms will remain unaffected by one invalid term.
- All rights and duties in these GTCs are assigned to possible legal successors of the Ski School.