Gerneral Terms and Conditions
Skischule Arlberg – St. Anton a.A.,
Tiroler Skischule Richard Walter KG
6580 St. Anton
Tel.: +43 5446 3411
Fax: +43 5446 2306
1 Scope of Application of the T&C
1.1 For business relationships between Skischule Arlberg – St. Anton a.A., Tiroler Skischule Richard Walter KG (hereinafter shortly referred to as: “Skischule Arlberg”) and the course participant (hereinafter shortly referred to as: “Customer”), the following General Terms and Conditions (hereinafter shortly referred to as: “T&C”), as amended from time to time, shall exclusively apply. The valid version of the T&C shall respectively be based on the time of booking.
1.2 The subject-matter of this contract is the provision of services, in particular giving ski lessons and guiding and accompanying during ski tours (in the sense of sec. 1 par. 1 TSGG 1955) and activities related thereto (hereinafter shortly referred to as: “Courses”). Regarding the Courses offered, Skischule Arlberg does not assume any guarantee on the training success.
1.3 Provisions deviating from these T&C shall only apply on express written agreement between Skischule Arlberg and the Customer. Contradictory Terms and Conditions of the Customer shall have no effect on the business relationships set out in clause 1.1 .
2 Conclusion of Contract
2.1 Course registrations received by Skischule Arlberg, which can be done via telephone, e-mail, fax or other means of distance communication, shall be considered as bindingly booked after written confirmation. Skischule Arlberg is not obliged to communicate a rejection of course registrations to the Customer. If the registration is not confirmed by Skischule Arlberg within a reasonable period of time, the offer of the Customer shall in any case not be deemed as accepted.
2.2 If the Customer requests that Skischule Arlberg begins with fulfilling the contract already before expiry of the withdrawal period, Skischule Arlberg has to demand him to expressly declare a request for this premature contract fulfilment.
3 Right of Withdrawal for Consumers (not applicable to Entrepreneurs)
3.1 A Customer, the consumer in the sense of the Consumer Protection Act (Konsumentenschutzgesetz) 1979, has the right to withdraw from this contract within 14 (fourteen) days without giving any reasons.
3.2 The withdrawal period commences on the day the contract is concluded.
3.3 In order to exercise his right of withdrawal, the Customer must inform Skischule Arlberg, Tiroler Skischule Richard Walter KG, Kandaharweg 15, 6580 St. Anton, firstname.lastname@example.org, on his decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by mail, telefax or e-mail). For this, the Customer can also use the model withdrawal form enclosed to these T&C.
3.4 To comply with the withdrawal period, it suffices if the Customer sends the declaration of withdrawal within a period of 14 days.
3.5 If the Customer withdraws from this contract, Skischule Arlberg shall reimburse all payments made by the Customer immediately, at the latest, however, within 14 days from receipt of the declaration of withdrawal. Skischule Arlberg shall use the same means of payment for the reimbursement as were used by the Customer for processing his payment. However, using other means of payment is admissible if this was expressly agreed on with the Customer and if no costs are incurred by the Customer thereby.
3.6 If the Customer withdraws from this contract after declaring a request pursuant to clause 2.2 and if Skischule Arlberg has started with fulfilling the contract after that, he has to pay a pro-rata amount to Skischule Arlberg. This amount is proportionate to the services provided by Skischule Arlberg up to the withdrawal in comparison to the total amount agreed on by contract.
3.7 The right of withdrawal does not apply if Skischule Arlberg – based on the express request pronounced by the Customer pursuant to clause 2.2 as well as on a confirmation of the Customer that he is aware of forfeiting the right of withdrawal upon complete contract fulfilment – has started with the fulfilment of the contract even before expiry of the withdrawal period and if the service was entirely provided thereupon.
4 Prices, Payment Terms, Service
4.1 Any and all information – in particular price lists of Skischule Arlberg on the Internet, in brochures, advertisements or other information media – shall be non-binding for Skischule Arlberg. Skischule Arlberg reserves its right to make modifications at any time.
4.2 Any and all price indications in price lists are gross prices including any legal VAT.
4.3 The course fee becomes due with the conclusion of contract. In case of online booking, the payment of the course fee can only be made via credit card (Mastercard or Visa). It is also possible to make the payment in cash directly at the ski school office of Skischule Arlberg. Any and all charges – in particular bank charges – in connection with paying the course booked at Skischule Arlberg shall exclusively be borne by the Customer. The Customer has no right of set-off against claims made by Skischule Arlberg, unless the claim was determined by the courts or expressly accepted.
4.4 Payments shall be in default without further notice sent by Skischule Arlberg. In the event of the Customer being in default with a payment, Skischule Arlberg is entitled to invoice to the Customer the legal default interests and all incremental costs and expenses, in particular collection expenses or attorney fees. In case of outstanding claims, Skischule Arlberg may, irrespective of any dedication and at its discretion, set off payments made by the Customer against outstanding claims. In the event of non-payment of a claim, all other claims against the Customer shall also become immediately due.
4.5 If Skischule Arlberg declares its withdrawal from the contract, the course shall be immediately cancelled or, respectively, called off. The Customer shall replace any and all expenses incurred by Skischule Arlberg in this context.
4.6 Place of performance for all obligations to be fulfilled by Skischule Arlberg as well as by the Customer shall be A-6580 St. Anton am Arlberg / Austria.
4.7 Skischule Arlberg does not assume any liability of any kind whatsoever for complying with course dates.
4.8 If the Customer does not participate in a course – except for as stipulated in clause 4.9. – and if he has not declared withdrawal pursuant to clause 3., he shall not be entitled to a reimbursement of the course fee.
4.9 If the Customer is injured or falls ill before or during the course so that he cannot participate in the course, he shall submit to Skischule Arlberg a medical certificate within 3 (three) days from sustaining the injury or from falling ill. If the Customer is injured during the Course, the certificate shall be issued by a physician practising at the holiday location or by the hospital where he is treated. If Skischule Arlberg has already started with fulfilling the contract, it shall reimburse to the Customer a pro-rata amount upon submission of a medical certificate. This amount is proportionate to the services provided by Skischule Arlberg up to the withdrawal in comparison to the total amount agreed on by contract. Skischule Arlberg shall use the same means of payment for the reimbursement as were used by the Customer for processing his payment. However, using other means of payment is admissible if this was expressly agreed on with the Customer and if no costs are incurred by the Customer thereby.
5 Warranty and Limitation of Liability
5.1 The legal warranty terms of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) shall apply. The warranty period shall commence to run upon the moment the Customer gains knowledge of the defect. The Customer shall notify Skischule Arlberg in writing of the defect discovered after serious examination immediately, at the latest, however, within 7 (seven) days. Excluded from warranty are in any case defects which the Customer refrains from reporting. This provision shall – with the exception of the first sentence – not apply to Customers who are consumers in the sense of the Consumer Protection Act (Konsumentenschutzgesetz) 1979.
5.2 Skischule Arlberg shall only be obliged to compensate for damages in all eligible cases only in case of intent and blatant gross negligence. In case of slight and gross negligence, Skischule Arlberg shall solely be liable for personal damages.
5.3 Sub-clause 5.2 shall not be applicable to consumer transactions. Skischule Arlberg shall only be liable vis-à-vis consumers – except in the case of personal damages – for damages caused with gross negligence or with wilful intent.
5.4 Sub-clauses 5.2 and 5.3 shall also apply to any agent liability of Skischule Arlberg pursuant to sec. 1313a ABGB or similar regulations.
6 Conditions of Participation
6.1 Prior to the start of the lesson, the Customer shall truthfully and thoroughly inform Skischule Arlberg on his abilities and experiences in skiing as well as, on his own, take care of equipment which complies with the state of skiing technology and is appropriate for the external conditions.
6.2 Prior to the beginning of the lesson, the Customer shall inform Skischule Arlberg on any medical conditions which could affect his physical performance.
6.3 Prior to the start of the lesson, the Customer shall, on his own, arrange for a check of his ski equipment (in particular ski binding setting) by a specialised company. Skischule Arlberg will not carry out a check.
6.4 The Customer shall obey instructions of Skischule Arlberg. Disregarding instructions and warnings immediately entitle Skischule Arlberg to dissolve the contract. This shall also apply if Customers display inappropriate behaviour, in particular towards other course participants.
6.5 Furthermore, Skischule Arlberg has the right to withdraw from the contract if the Customer participates in the courses of Skischule Arlberg under the influence of alcohol, drugs or medication.
7 Data Protection
7.1 Skischule Arlberg commits to comprehensive data protection and processes personal data of the Customer only in a lawful way. Further information on the use of personal data can be obtained from here. Upon request of the customer, Skischule Arlberg will also provide a paper copy of this information.
8.1 It shall expressly be noted that the Customer shall himself on his own account buy ski tickets or ski passes for the respective ski resort.
8.2 Oral ancillary agreements regarding these T&C do not exist. Oral ancillary agreements of any kind whatsoever, amendments or supplements shall only be valid if they are made in writing. The same shall be applicable in case of derogation from the written form requirement.
8.3 Austrian substantial law shall apply for any and all disputes arising from transactions which are based on these T&C.
8.4 Without prejudice to mandatory legal provisions, the court competent for 6580 St. Anton shall be the exclusive place of jurisdiction for all legal disputes between Skischule Arlberg and the Customer.
8.5 Should one or several of the provisions of these T&C be/become invalid, expressly such valid provisions which come closest to the economic purpose of the invalid provision shall be deemed as agreed on between Skischule Arlberg and the Customer. The validity of the other provisions shall remain unaffected thereof.
8.6 Any and all rights and obligations under these T&C shall be transferred onto any legal successors of Skischule Arlberg.