GENERAL TERMS AND CONDITIONS (GTC)
of Skischule und Sport Warth GmbH & Co KG (FN 319489m) – hereinafter referred to as “Skischule Warth” – with registered office in A-6767 Warth.
1. General information:
Unless expressly agreed otherwise, these General Terms and Conditions apply to all declarations made by Skischule Warth and to all legal transactions with its contractual partners.
2. Contract conclusion and prices:
Bookings for courses can be made directly at the ski school office, by email, by telephone, via the online shop, via payment link, and many other portals. However, a contract is only concluded once written confirmation has been received from Skischule Warth. All offers made by Skischule Warth are subject to change. The specific scope of services is determined exclusively by the written order confirmation. Verbal side agreements are only binding if they have been expressly confirmed in writing by Skischule Warth. All prices are in euros and, unless otherwise agreed, include statutory sales tax. The rates are based on the “dynamic pricing” system and are quoted as “starting at” prices. The “starting at” prices quoted are the best possible prices. The best possible prices are available for early bookings made 90 days before the start of the course. However, the dynamic price development is limited to a maximum surcharge of 50%, regardless of very high demand, and cannot exceed this. We expressly reserve the right to change all prices stated on the Internet or in price lists.
3. Terms of payment:
Unless otherwise agreed, a deposit of 100% of the order amount must be paid upon receipt of the written order confirmation. Payment must be made in good time so that it is received in the account of the Warth Ski School at least before the start of the course. For contracts concluded directly on site, the fee must be paid at the ski school office before the start of the course. Payment via modern payment systems by mobile phone, various links, and other options are also available and must be settled before the start of the course. In the event of late payment, interest on arrears of 6% p.a. will be charged. Credit card payments to the ski school are 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 send an email to support@payyo.ch for all inquiries regarding your credit card payments and chargebacks.
4. Mutual rights and obligations:
The contractual partner is obliged to provide Skischule Warth with truthful and comprehensive information about their skiing abilities and experience, and to independently ensure that they have equipment that is appropriate for the state of the art and the external conditions. In addition, they must provide Skischule Warth with comprehensive information about their physical abilities, in particular their state of health and any existing ailments or disabilities. The contractual partner must arrange for their ski equipment to be checked in good time before the start of the course, in particular the proper adjustment of the ski bindings by a specialist company. The Warth Ski School is responsible for dividing participants into groups for ski courses. If a group has fewer than 4 participants, we reserve the right to combine it with another group. If combining groups is not possible due to differences in ability, the course times will be shortened. Courses with 4 or more participants will always take place at the normal course times. If there are fewer than 4 participants, the course times will be adjusted as follows: With 3 participants, there will be 3 hours of lessons. With 2 participants, there will be 2 hours of lessons. With 1 participant, there will be 1 hour of lessons. Multiple teacher changes are possible due to the flexible organization. If a different classification of the participant is required during the course, the contractual partner must comply with this decision. Otherwise, Skischule Warth is entitled to terminate the contract prematurely. The contractual partner must follow the instructions of Skischule Warth. Persistent disregard of these instructions entitles Skischule Warth to terminate the contract immediately. Participation in courses at Skischule Warth under the influence of alcohol or drugs also entitles Skischule Warth to terminate the contract immediately. In the event of termination of the contract for the reasons stated above, the contractual partner is not entitled to a refund of the fee paid.
5. Liability provisions:
The Warth Ski School is not liable for damages incurred by guests/customers in connection with the activities of the Warth Ski School. The Warth Ski School has appropriate liability insurance. In particular, the Warth Ski School accepts no liability for indirect damages or consequential damages. Guests and participants are not insured by Skischule Warth. It is recommended that each participant take out appropriate accident and liability insurance, which is the responsibility of each individual customer/guest.
6. Warranty:
The contractual partner must address any complaints to the ski school office without delay. If this obligation to notify is culpably neglected, there shall be no entitlement to a reduction in payment. All claims against the Warth Ski School must be made in writing within two weeks of their occurrence at the latest and must be accompanied by a corresponding justification.
7. Withdrawal, processing and cancellation fees:
Cancellation is possible at any time up to 14 days before the start of the course, subject to a processing fee of € 25.00 per item.
From 14 days before the start of the course and during the period of the booked service, 100% of the agreed amount will be charged.
For cancellations of booked courses less than 14 days before the start of the course, a confirmation will be issued for submission to the respective travel cancellation insurance company.
In the event of accident- or illness-related absences from a group course, the original receipt and a medical certificate from a doctor (member of the Austrian Medical Association and with a minimum qualification in general medicine) must be presented in order to receive a refund. The amount of the credit note will be calculated taking into account the services actually already provided (difference amount).
Example: Mr. Schnee has purchased a 6-day course. At the end of the second day of the course, Mr. Schnee injures himself and receives confirmation or a medical certificate from a doctor stating that he is no longer able to participate in the ski course. Two course days are charged according to the price list without discounts, and the difference between the paid 6-day course and the processing fee of € 25.00 per item is issued as a credit note.
If it is not possible to visit a doctor in the event of illness or injury at the time of cancellation, there is the option of having the booking issued as a credit note, taking into account the services already provided and deducting a cancellation fee of €50.00 per item.
The ski course fee does not include the use of the lifts and ski equipment. The ski school does not provide compensation for lessons canceled due to cable car or lift failures or weather conditions.
8. Content of the online offer:
The ski school (hereinafter referred to as “author”) accepts no responsibility for the topicality, correctness, completeness, or quality of the information provided. Liability claims against the author 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 author. All offers are non-binding and subject to change. The author expressly reserves the right to change, supplement, or delete parts of the pages or the entire offer without separate announcement, or to temporarily or permanently cease publication. All offers made by Skischule Warth are subject to change. The specific scope of services is determined exclusively by the written order confirmation. Verbal side agreements are only binding if they have been expressly confirmed in writing by Skischule Warth. All prices are in euros and, unless otherwise agreed, include statutory sales tax.
9. References and links:
In the case of direct or indirect references to external websites (“links”) that are outside the author's area of responsibility, liability would only arise in the event that the author was aware of the content and it would have been technically possible and reasonable for them to prevent use in the event of illegal content. The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence whatsoever on the current and future design, content, or authorship of the linked pages. Therefore, the author hereby expressly distances himself from all content on all linked/connected pages that has been changed since the link was created. This statement applies to all links and references within the author's own website as well as to external entries in guest books, discussion forums, and mailing lists set up by the author. The provider of the page to which reference is made is solely liable for illegal, incorrect, or incomplete content and in particular for damage resulting from the use or non-use of such information, not the person who merely refers to the respective publication via links.
10. Copyright and trademark law:
The author endeavors to observe the copyrights of the graphics, sound documents, video sequences, and texts used in all publications, to use graphics, sound documents, video sequences, and texts created by the author, or to make use of license-free graphics, sound documents, video sequences, and texts. All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any reproduction or use of such graphics, audio files, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the author. By purchasing a ski school ticket from the Warth Ski School, you also agree that photos taken during the ski school may also be used for advertising purposes such as the Internet/media and social networks.
11. Place of performance, choice of law, and place of jurisdiction:
The place of performance is 6767 Warth. The parties agree that Austrian law shall apply. For all disputes arising in connection with the contractual relationship in question, the exclusive jurisdiction of the court with jurisdiction over Warth is agreed.
12. Severability clause:
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions or the entire legal transaction. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.