General Terms and Conditions (GTC)
Snow sports school Warth Arlberg Snowsports
Owner: Marcel Fetz
6767 Warth am Arlberg
Tel: +43 (0) 664 38 33 632
1. scope of application of the GTC
1.1 The following General Terms and Conditions (hereinafter referred to as "GTC"), as amended from time to time, shall apply exclusively to all contractual relationships between the snow sports school Warth Arlberg Snowsports, owned by Marcel Fetz, (hereinafter referred to as "snow sports school Warth Arlberg Snowsports") and those persons who make use of the services of the snow sports school Warth Arlberg Snowsports (hereinafter referred to as "customer"). The valid version of the GTC depends on the time of the relevant conclusion of the contract.
1.2 The object of the snow sports school Warth Arlberg Snowsports is the operation of a snow sports school (ski and snowboard school). This includes, in particular, services (hereinafter referred to as "courses") such as the provision of instruction for the acquisition of skills and knowledge of alpine skiing, snowboarding and cross-country skiing; guiding and accompanying in skiing, snowboarding and cross-country skiing; guiding ski tours and snowshoe hikes; the rental of avalanche equipment and, in summer, guiding hikes and mountain bike tours and conducting tandem flights. A specific training success is not guaranteed.
1.3 Provisions deviating from these GTCs shall only apply if expressly agreed in writing between the Warth Arlberg Snowsports snow sports school and the customer. Contradictory GTC of the customer have no effect on the contractual relationship.
2. conclusion of contract
2.1 Courses can be booked on the business premises or by means of remote communication, in particular via the Internet, by e-mail or by telephone. A contract is only concluded upon (written) confirmation of an enquiry by the customer by Arlberg Snowsports. Verbal subsidiary agreements are only binding in the event of express written confirmation by the Warth Arlberg Snowsports snow sports school.
2.2 The offers on the website of the snow sports school Warth Arlberg Snowsports and third parties as well as in brochures and other printed materials are not legally binding offers. We expressly reserve the right to change the prices quoted.
3. prices and payment
3.1 All prices are in euros and - unless otherwise agreed - also include the statutory value added tax.
3.2 The course price is due after conclusion of the contract. For bookings by distance selling, payment of the price is possible by bank transfer, credit card (Visa and Master Card), PayPal and Sofort Überweisung. For on-site bookings, payment can be made in cash or by debit or credit card.
4 Right of withdrawal and cancellation
4.1 A customer who is a consumer within the meaning of the Consumer Protection Act has the right - if the contract was concluded by means of distance selling - to withdraw from the contract within 14 days of the conclusion of the contract without giving reasons. If the customer wishes the fulfilment of the contract to begin before the expiry of the withdrawal period, he/she must expressly declare this to the Warth Arlberg Snowsports snow sports school. If the customer withdraws from the contract after he has declared such a request and the fulfilment of the contract has begun, only unused course days will be refunded.
4.2 Up to seven days before the start of the course, cancellation of the course is possible free of charge
4.3 After seven days and up to one day before the start of the course, a cancellation fee of 50% of the price will apply.
4.4 In the event of cancellation one day before the start of the course, the full price is payable.
4.5 If a client is unable to attend a course due to injury or illness, unused course days will be refunded. The impossibility of attending the course must be confirmed by a local doctor.
4.7 Course participation is non-transferable. Unused course days are forfeited.
5. limitation of liability
4.6 Course cancellations due to weather conditions (force majeure) will not be compensated. The courses take place in all weather conditions. No compensation will be paid for course cancellations due to lift and cable car system failures.
5.1 The snow sports school Warth Arlberg Snowsports is only liable for damages in the case of intent and gross negligence. The snow sports school Warth Arlberg Snowsports is only liable for slight and gross negligence in the case of personal injury. This also applies to any liability for vicarious liability or vicarious agent liability.
5.2 The client acknowledges that the practice of skiing is associated with numerous dangers and that, in particular, when skiing in open terrain, there is a possibility that the client may be in distress in the mountains.
6. conditions of participation
6.1 The customer shall truthfully inform the Warth Arlberg Snowsports School about his or her abilities and experience in snow sports before the start of the course. The customer must independently ensure that he/she has the appropriate equipment according to the state of the art and the external conditions. The Warth Arlberg Snowsports School does not check the equipment. The customer must arrange for such an inspection (in particular the binding adjustment) to be carried out by a specialist company before the start of the course.
6.2 Before the start of the course, the customer must inform the Warth Arlberg Snowsports School of any health complaints or ailments that could affect his/her physical performance.
6.3 Instructions by the snow sports school Warth Arlberg Snowsports must be followed by the customer. Persistent disregard of instructions and admonitions entitle the snow sports school Warth Arlberg Snowsports to terminate the contract. This also applies if customers display improper behaviour, especially towards other course participants. The Warth Arlberg Snowsports snow sports school is entitled to withdraw from the contract if course participation takes place under the influence of alcohol or drugs.
7. data protection
7.1 the Warth Arlberg Snowsports School is committed to comprehensive data protection and only processes the customer's personal data in a lawful manner. Further information on the use of personal data can be found in our data protection declaration.
7.2 The client agrees that photos and videos of individuals and/or groups may be taken during the courses, which may be used for promotional purposes on the internet (homepage, Instagram, Facebook) or in print. In the event of publication, the client is not entitled to any financial, copyright or data protection claims.
7.3 The customer is aware that the photos and videos may also be used for commercial purposes and expressly agrees.
8. other provisions
8.1 The course prices do not include lift tickets or equipment. The customer must obtain these independently.
9 Jurisdiction, place of performance and choice of law
9.1 The place of performance is Warth am Arlberg.
9.2 For disputes arising from the contractual relationship, the court with subject-matter and local jurisdiction for Warth am Arlberg shall have jurisdiction.
9.3 Austrian substantive law shall apply.
9.4 If one of the provisions of these GTC is void or ineffective in whole or in part, such legally effective provisions shall be expressly deemed agreed in its place which come as close as possible to the purpose of the void or ineffective provision. The validity of the remaining provisions shall not be affected by a void or invalid provision.