General Terms and Conditions
Ski school Salober Schröcken

General terms and conditions
The Ski School Salober-Schröcken GmbH (hereinafter: "Ski School") provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the ski school and those persons who make use of its services (hereinafter: "customer" and or "guest"), even if no express reference is made to them. Other general terms and conditions, in particular any terms and conditions of the customer, are expressly excluded, even if they appear in order confirmations, correspondence, etc.. These shall not apply even if they are not expressly rejected in individual cases.
These General Terms and Conditions shall also apply to all future contractual relationships, even if no express reference is made to them in supplementary contracts, extensions and/or future contracts.

Deviations, amendments, supplements or the (partial) exclusion of these General Terms and Conditions must be made in writing to be valid and must be signed by both parties. The same applies to any waiver of the written form requirement. These General Terms and Conditions have been brought to the attention of the guest. He recognises that he has read, understood and agreed to them. In addition, they can be accessed, saved and printed at any time on the ski school's homepage (www.skischule-salober.com).

Conclusion of contract and prices
Course bookings can be made directly at the ski school office, via the Internet, by telephone or by e-mail. The ski school is free to accept or reject enquiries. All offers made by the ski school are non-binding.
The booking or the contract is concluded on the basis of the written booking confirmation by e-mail from the ski school. In the case of an agreed deposit, the contract is only concluded upon receipt of the deposit by the ski school (condition precedent).

In any case, the contractual partner is the customer, even if he has (co-)ordered for other named persons. Several purchasers as well as any persons who have joined and/or are joining the contract shall be jointly and severally liable to the ski school.
The specific scope of services in each case is set out exclusively in the written order confirmation. The descriptions represent the planned course of the event. Changes may occur at any time due to external influences such as weather, snow conditions, avalanche situation, problems with means of transport (e.g. cable car or road closures etc.), hotel overbookings etc. The ski school is entitled to adjust the event programme according to the situation. This circumstance does not entitle the guest to assert claims of any kind whatsoever, in particular not to cancel free of charge or to reduce the price.

There are minimum and maximum numbers of participants for certain events. These can be requested when booking/registering or can be found in the programme descriptions. The ski school reserves the right to decide after the registration deadline whether an event will take place or has to be cancelled. In the event of a cancellation, the participants will be informed. Participants shall not be entitled to any claims whatsoever against the ski school on any legal grounds whatsoever. With the agreement and consent of all participants, the programme can be adjusted if necessary (e.g. by reducing services or increasing fees). However, the guest is not entitled to such an adjustment, nor is the guest entitled to an extension of the ski school's services (e.g. event, course, etc.).

The guest has no right of cancellation, termination and/or withdrawal. The only exceptions to this are deviating provisions in these General Terms and Conditions (e.g. cancellation) and mandatory statutory rights of cancellation, termination and/or withdrawal. In the case of end consumers, the cancellation rights specified in § 3 of the Austrian Consumer Protection Act (KSchG) apply in particular. If a booking is made by distance selling, i.e. by telephone, fax, e-mail or Internet, the customer, as a consumer within the meaning of the Consumer Protection Act, has a statutory right of cancellation within 14 days within the meaning of the Distance and Off-Premises Selling Act (FAGG). If the customer wishes to commence with the ordered services before the expiry of the cancellation period, the ski school is simultaneously authorised to commence with the work and services immediately. The customer is aware that he thereby loses the right of cancellation under the FAGG and that all contractual provisions become legally effective immediately upon acceptance of the contract.

Prices/Payment
The prices stated in the booking confirmation apply. Any costs for money transactions (e.g. transfer fees, bank charges, etc.) shall be borne by the customer. For credit and debit cards, the respective conditions of the card companies apply.
The agreed fee does not include the use of the lift facilities (ski passes) The prices stated in catalogues, brochures, price lists, on the homepage, etc. are always non-binding and subject to change, unless expressly stated otherwise in individual cases. Prices for follow-up orders, additional orders, etc. are also non-binding, and the ski school reserves the right to adjust the contract in the event of obvious and comprehensible calculation errors.

The ski school is free to demand and invoice advance, partial or down payments on the fee without giving reasons. As long as advance, partial or down payments have not been made and/or securities have not been provided, the ski school is released from its obligation to provide (further) services.
Unless otherwise agreed, a down payment of at least 50% of the total order amount must be made after receipt of the written order confirmation. The down payment must be made in good time so that it is credited to the ski school's account at least three banking days before the start of the course. The entire remaining course fee is due for payment before the start of the course. For online bookings, the course fee can only be paid by credit card (Mastercard and Visa) or instant bank transfer. For contracts concluded directly on site, the fee must be paid at the ski school office, unless otherwise agreed.

Credit card payments in favour of the Salober-Schröcken Ski School will be collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT. Please email support@payyo.ch for all enquiries regarding your credit card payments and chargebacks.

The ski school is authorised to send invoices to the guest in electronic form. The guest expressly agrees to the sending of invoices in electronic form by the ski school. The customer must ensure that the invoice can be sent electronically by e-mail by the ski school to the e-mail address provided and that technical equipment such as filter programmes, firewalls etc. are adapted accordingly. Any automated electronic replies to the ski school (e.g. notes of absence etc.) will not be taken into account and do not prevent valid delivery.

In the event of late payment, default interest of 6% p.a. will be charged. In addition, the ski school shall be reimbursed for reminder fees (5% of the outstanding amount, but at least € 20.00) and the necessary and appropriate costs associated with the legal or judicial assertion of its claim. The assertion of further damages caused by default remains reserved. In the event of default of payment, even with only a partial payment, any remuneration, discounts, rebates, deductions, etc. shall be lost in full - also with regard to all payments already made or to be made later as well as outstanding partial payments.
In the event of default of payment, the ski school is entitled to demand payment of all claims for services already rendered from current business relationships with the customer. In the case of an instalment agreement, a loss of date occurs in the event of default, so that the outstanding total amount is due immediately, and the ski school expressly reserves the right to charge a processing fee of € 25.00 for rebookings initiated by the participant.
Incoming payments will first be offset against reminder/collection costs, then against interest incurred and subsequently against the oldest claim. This applies regardless of any dedication of the payment by the customer.
The ski school is not obliged to accept foreign currencies. If foreign currencies are accepted by the ski school, the customer shall bear all associated costs, such as expenses, fees, etc.
The customer is not entitled to withhold payments - for whatever reason - or to offset them against counterclaims, unless the counterclaims are expressly recognised by the ski school or have been legally established by a court of law.
The customer is not entitled to assign claims and rights arising from the contractual relationship with the ski school without the express written consent of the ski school; if no justified written objection is raised against an invoice from the ski school within two months of receipt, it shall in any case be deemed approved.

Reciprocal rights and obligations
The group categorisation for ski courses is carried out by the ski school. Should a different categorisation of the participant become necessary during the course, the customer must accept this decision. Participation in courses and/or other events organised by the ski school under the influence of alcohol or drugs also entitles the ski school to cancel the contract immediately.

Withdrawal and cancellation fee
The customer is entitled to unilaterally withdraw from the contract and thus cancel the booking, irrespective of the existence of reasons. In such cases, the ski school is entitled to charge the customer the following cancellation costs:

• Cancellation up to the 30th day before the start of the event € 25.00
• Cancellation 29th day - 15th day 50% of the total fee (at least € 25.00)
• Cancellation 14th day - 01st day 100% of the total fee (at least € 25.00)

In case of no-show without notice, late arrival and early departure 100% of the total fee (at least € 25.00)
If the ski school charges 100% of the agreed total fee, the ski school will deduct what it has saved as a result of the non-utilisation of its service offer or what it has received through other orders. The customer bears the burden of proof of the savings. a cancellation must be made in writing by e-mail to info@skischule-salober.at
If, at the time of cancellation, costs have already been incurred that exceed the advance payment or the cancellation amount, these costs will be charged to the guest. any further claims (e.g. penalties, damages, etc.) remain unaffected by this and are charged to the ski school in addition. to cover any cancellation costs, the customer is recommended to take out appropriate cancellation insurance.

The ski school is entitled to unilaterally withdraw from the contract and thus cancel the booking up to the 30th day before the start of the event without giving reasons. In these cases, the customer is not entitled to any claims whatsoever - for whatever legal reason - against the ski school.

Furthermore, the ski school has the right to cancel the contract at any time for important reasons without observing deadlines and/or dates (cancellation / termination). Good cause shall be deemed to exist in particular if the customer breaches essential contractual obligations, is in default of payment (also with partial, advance and/or down payments), if he does not make a partial, advance and/or down payment at the request of the ski school, if insolvency proceedings are opened against the customer's assets or if such proceedings are not opened due to a lack of assets to cover the costs, if the customer does not provide the cooperation required for the preparation and realisation of the event, if the realisation of the event is impossible, impossible to carry out due to legal or official prohibitions or measures or other circumstances beyond the control of the ski school. measures or other circumstances beyond the control of the ski school, the realisation of the event becomes impossible, significantly more difficult or economically unprofitable, the realisation of the event is not possible without risk, the customer seriously or repeatedly violates the ski school's specifications, disrupts or endangers the smooth business operations of the ski school and/or events, if the minimum number of participants is not reached at events of the ski school, if the customer through his reckless, the customer's inconsiderate, offensive or otherwise grossly improper behaviour towards the other guests and/or the ski school staff makes the meeting unpleasant or is guilty of an offence against property, morality or physical safety towards these persons which is punishable by law, if the customer is infected with a contagious disease or an illness which lasts beyond the duration of the contract or otherwise becomes in need of care, as well as in all cases of force majeure (e.g. weather situation, strike, etc.). (e.g. weather conditions, strike, war, epidemic or pandemic, natural events, etc.).

If public law regulations exist that make it impossible or economically unviable or significantly more difficult to carry out the booking in the form envisaged at the time of registration (e.g. due to epidemics or pandemics), the ski school reserves the right to withdraw from the contract or to change the booking or event. Customers will be informed of this as soon as possible. In any case, customers cannot derive any claims for expenses incurred or other claims - for whatever legal reason - against the ski school.

In general, in the event of cancellation or termination by the ski school, customers are not entitled to make claims of any kind whatsoever, in particular claims for damages against the ski school, and if the cancellation is made for a reason attributable to the customer, the ski school is entitled to demand payment at least in the amount of the cancellation costs for non-arrival. The right to assert further claims, in particular claims for damages, is expressly reserved.

Lack of prerequisites
Anyone who is physically fit or up to the requirements can take part in the programmes on offer. The services provided by the ski school can place high demands on the material as well as on the physical fitness and skiing technique of the customer at every level (ability level). Every customer is therefore requested to participate in the booked services only with properly maintained sports equipment and the usual prescribed (safety) equipment and to realistically assess their own ability.

The customer is advised that failure to wear a helmet in the event of injury may constitute contributory negligence on the part of the customer, which is why the customer is advised to wear a helmet and other safety equipment recommended for the service booked (e.g. avalanche safety equipment for skiing in open terrain) If a participant is unable to meet the requirements and conditions, the ski school is entitled to exclude them from the event in the interests of general safety and the safety of the participant themselves. In this case, the ski school is entitled to demand payment in the amount of the cancellation costs for non-arrival.

Service disruptions
All events that lead to a service disruption and do not fall within the sphere of the ski school are to be attributed to the sphere of the customer. Only those circumstances that are directly related to the provision of services and can be influenced by the customer fall within the sphere of the ski school.
Due to disruptions in the provision of services, which are attributable to the sphere of the customer, an adjustment of the fee must be made. In such cases, the ski school is entitled to make claims, in particular compensation for free capacity (vacancies), work not carried out, loss of profit, etc.
Any additional costs incurred due to necessary rescheduling will be charged to the guest or reduced costs will be reimbursed, and the ski school's obligation to perform is suspended as long as the customer is in arrears with a payment already due, including from other obligations and duties towards the ski school.
In the event of subsequent impossibility, the ski school has the right to withdraw from the contract.warranty / liabilityThe customer is liable to the ski school for any damage he causes, regardless of fault.

Warranty and compensation claims of the customer against the ski school are limited to the invoice value in any case, subject to mandatory statutory provisions, and the customer must provide proof that the damage is due to the fault of the ski school.
If and insofar as the customer can claim insurance benefits for damages for which the ski school is responsible, the customer undertakes to prioritise the use of this insurance benefit.

The instructions of the ski school must be followed strictly and precisely. Despite careful planning and diligence, accidents, damage etc. cannot be completely ruled out. Any kind of movement in the mountains entails a risk. A considerable degree of caution, prudence and personal responsibility is required of every participant. By registering or booking, the guest expressly confirms his/her own responsible behaviour and accepts the risk associated with the booking, and the ski school is only liable for damages - unless mandatory legal regulations provide otherwise - in the event of intentional or grossly negligent behaviour. The liability of the ski school for slightly negligent behaviour is excluded. Liability towards business customers for grossly negligent behaviour is also excluded.

The ski school excludes any liability for the behaviour of external persons, such as external organisers, other guests, cable car employees, etc. Any other compensation for damages, in particular compensation for indirect damages, consequential damages, financial losses of third parties and loss of profit is expressly excluded, unless there are compelling legal reasons to the contrary.
All exclusions of liability also apply to claims against employees, representatives and vicarious agents of the ski school due to damage caused by them to the customer. 6 months is the time limit for the assertion of warranty claims and/or claims for damages by the customer. In the case of warranty claims, this limitation period shall commence from the provision of the service or partial service, in the case of claims for damages from knowledge of the damage and the damaging party. Claims for damages are in any case time-barred one year after the event giving rise to the claim (absolute limitation period).

Insurance
It is expressly pointed out that guests are not (co-)insured by the ski school. Guests are therefore strongly recommended to take out their own (sufficient) insurance cover, in particular accident insurance cover (e.g. for rescue, accident costs etc.). We also recommend travel insurance that covers cancellation, late arrival or curtailment. If third parties (e.g. agents, hotel operators, etc.) take out the insurance, it is essential to ensure that the ski school or its vicarious agents are also included in the insurance. Alternatively, it is possible to become a sponsor of the Vorarlberg Mountain Rescue Service. The relatively low premium includes at least mountain cost insurance, which is valid worldwide.

Content of the online offer
The ski school assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the ski school relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, unless there is evidence of wilful intent or gross negligence on the part of the ski school.
All offers made by the ski school are subject to change and non-binding. The ski school expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.

Use of data/confidentiality/copyrights
The ski school is authorised to process personal data of the customer or of the participants such as first name(s), surname, gender, academic degree, date and place of birth, company, company name, company or commercial register number, address, invoice address, legitimation document, citizenship, profession/industry, telephone number, fax number, e-mail address, within the limits of the Data Protection Act and the purpose of the contractual relationship. The customer guarantees that all necessary measures, in particular within the meaning of the Data Protection Act, will be taken. Data protection regulations (e.g. GDPR, DSG etc.), such as declarations of consent from the data subjects, have been taken.

The customer is expressly advised that the World Wide Web is accessible to everyone and, in particular, that misuse cannot be ruled out, meaning that unauthorised access to data and information by third parties cannot be excluded. The customer cannot derive any claims for damages and/or warranty claims against the ski school from this or the associated (negative) consequences.

The customer declares his express, irrevocable consent that the ski school may make copies, pictures, photos, videos etc. of the customers and the events and use, utilise and publish them for operational purposes, in particular for marketing purposes (e.g. as a reference).all individual services of the ski school (e.g. event documents, pictures, presentations, printed works etc.) as well as the services offered by the ski school and other know-how of the ski school remain the (intellectual) property of the ski school and are protected by copyright. Any use and processing, in particular the passing on, duplication, publication and making available, including copying, even in extracts, requires the express written consent of the Ski School.

References and links
The ski school accepts no liability and/or warranty whatsoever for direct or indirect references to external websites ("links") that lie outside the ski school's area of responsibility. The customer shall indemnify and hold the ski school completely harmless in this respect; this provision shall also apply mutatis mutandis to all links and references set within the ski school's own website and to third-party entries in guest books, discussion forums, mailing lists etc. set up by the ski school.

Place of fulfilment, choice of law and place of jurisdiction
The place of fulfilment for all services is 6767 Warth and the exclusive place of jurisdiction for any disputes arising from the contractual relationship shall be the competent court for A-6767 Warth. In addition, the ski school has the right to take legal action at the customer's general place of jurisdiction, and the contract is subject exclusively to Austrian law - even in the case of orders or bookings in or from abroad - to the exclusion of the IPRG, the referral norms and the UN Convention on Contracts for the International Sale of Goods.

Concluding provisions
The customer is responsible for obtaining all necessary travel documents. The customer and/or the travellers themselves are responsible for compliance with the travel regulations and any health regulations, and the customer is obliged to inform us immediately in writing of any changes to the name, delivery address, billing address, e-mail address, etc., failing which delivery to the known address shall be effective.
Electronic data transmission (e.g. by e-mail) or fax is also sufficient for compliance with the agreed written form requirement, and the customer undertakes to transfer all rights and obligations arising from this contract to any legal successors.

The customer waives the right to contest the contract - on any legal grounds whatsoever - in particular on the grounds of error, frustration of contract, and reduction by more than half, or to raise defences - on any grounds whatsoever, in particular on the aforementioned legal grounds.the above provisions shall only apply to contracts with consumers within the meaning of the Consumer Protection Act (KSchG) insofar as statutory provisions do not provide for other mandatory provisions.should individual provisions of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a provision that comes as close as possible to the intended economic purpose. This also applies analogously to any contractual loopholes.