GENERAL TERMS & CONDITIONS (T&C)
of the Ski and Snowboard School Warth GmbH & CO KG (Company ID 319489m) - following called "Ski School Warth" - with headquarters in A-6767 Warth.
1. General information:
All explanations of the Ski School Warth and all legal transactions between the Ski School and its contract partners shall be subject to these General Terms and Conditions, unless explicitly confirmed to the contrary.
2. Conclusion of Contract and Rates:
Courses may be booked directly in the Ski School Office, over the internet, by e-mail or by phone. The contract is however only concluded by the reconfirmation of the Ski School Warth. All offers of the Ski School Warth are subject to alteration. The exact scope of performance results solely from the written order confirmation. Oral agreements are only valid with the express written confirmation by the Ski School Warth. All rates are in Euro inclusive of legal VAT, unless specified otherwise. Changes of prices in the internet or on price lists are expressly reserved.
3. Payment terms:
Unless agreed otherwise, a deposit payment in the amount of 100% of the order total is due after receipt of written confirmation. The payment has to reach the bank account of the Ski School Warth at least three banking business days before course start. A final settlement of the respective course occurs after course end. For contracts agreed on-site, the course fee has to be paid either directly to the ski instructor or in the Ski School Office. In the event of default of payment on the part of the customer, default interest at a rate of 6% p.a. will be charged.
4. Reciprocal rights and obligations:
The contract partner has to inform the Ski School Warth about his skills and experiences with snow sports and he is responsible for renting equipment, which is up to modern standards and suitable for the onsite conditions. Furthermore, the contract partner has to inform the Ski School Warth about his physical skills, in particular with regard to his health condition and any illnesses or handicaps. The contract partner is responsible for checking his ski equipment, especially the correct adjustment of bindings by an expert shop in good time before course start.
The assignment of participants to the different ski courses lies within the responsibility of the Ski School Warth. If a group should be reduced to less than 4 participants for any reason, we reserve the right to assign you to another group or to reduce the number of lessons. Changes of instructors are possible due to our flexible organisation. If it is necessary to assign the participant to a different skill group during the course, the contract partner has to accept this decision. Otherwise, the Ski School Warth is entitled to premature termination of the contract. The contract partner has to adhere to the instructions of the Ski School Warth. In case of persistent failure to follow these instructions, the Ski School Warth is entitled to terminate the contract immediately. In the event of participation at courses of the Ski School Warth under the influence of alcohol or drugs, the Ski School Warth is entitled to terminate the contract immediately. In case of contract termination due to the above mentioned reasons, no claim to refunds for payments already made exists.
5. Liability provisions:
The Ski School Warth is in general only liable for damage directly connected to the activities of the Ski School Warth, and which was caused by deliberate actions or gross negligence. The Ski School Warth possesses business liability insurance.
6. Warranty claims:
The contract partner shall assert and substantiate any claims promptly to the Ski School Office. In case of culpable violation of this duty of disclosure, the contract partner is not entitled to a reduction in fees. Any claims against the Ski School Warth have to be made within four weeks after the emergence in writing and with reasoned justification.
7. Withdrawal and Cancellation fees:
Cancellation of the contract is possible no later than 14 days before the beginning of the course. A cancellation fee of Euro 10, - will be charged for cancellations of courses booked online, payments made via a payment link or credit card. If, on the other hand, the cancellation takes place at a later date, the Ski School Warth is entitled to charge the full agreed tariff as a cancellation fee. For group courses, refund of payments made is only possible in case of injury from an accident by presenting a medical certificate by a local doctor. The refund amount will be calculated based on the services actually provided. The use of the ski lifts is not included in the course fees. The ski school does not assume responsibility for failures of cable cars, lift facilities and due to weather conditions.
8. Content of the Online Offer:
The Ski School/the Ski Rental Shop (hereinafter "author") does not assume any liability for the correctness, completeness or quality of the information provided, nor does he guarantee that all the information is up-to-date. Liability claims against the author, concerning damage of idealistic or of a material kind, which was caused by the use or non-use of the presented information and/or by the use of incorrect and incomplete information, are in principle impossible, insofar as a non-deliberate or roughly negligent fault can be proved on the part of the author.
All offers are subject to change and are non-binding. The author expressly retains the right to amend, supplement, delete or discontinue the publication, temporarily or permanently, of parts of the pages or the entire offerings without special notice having been given.
All offers of the Ski School Warth are subject to alteration. The exact scope of performance results solely from the written order confirmation. Oral agreements are only valid with the express written confirmation by the Ski School Warth. All rates are in Euro inclusive of legal VAT, unless specified otherwise.
9. References and Links:
For direct or indirect references to third-party websites ("links"), which are not within the area of responsibility of the author, a liability obligation would come into force exclusively in the case, where the author has knowledge about the content and it is technically possible and reasonable to prevent the use of illegal content.
The author hereby expressly states that at the time of the setting of the links there was no illegal content recognizable with the linked pages. The author does not have any influence on the current and future organization, the contents or the authorship of the linked pages. Therefore the author hereby expressly disassociates itself from all content of all linked/referenced pages, which were changed after the link had been set. This statement applies to all links and references, set within our own internet content as well as to foreign entries in guest books, panels and mailing lists installed by the author.
For illegal, faulty or incomplete contents and particularly for damage which results from the use or non-use of information presented the supplier of the site alone is liable, which has been referred to and not the one, whose links merely refer to the publication.
10. Copyrights, brands and trademarks:
The author will make every effort to consider in all publications, copyrights of the used graphics, sound documents, video sequences and texts, to use graphics, sound documents, video sequences produced by himself, or to revert back to license-free graphics, sound documents, video sequences and texts.
All brands and trademarks, mentioned within the internet offer, which may be registered and protected by third parties are unrestrictedly subject to the regulations of the respective valid laws and to the rights of the registered owners. However, due to the mere mentioning of a brand or trademark, no conclusion can be drawn, that brand names are not protected by third-party rights!
The copyright for published objects, produced by the author himself, remains exclusively with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications shall not be allowed without the author’s express consent. By purchasing a ski school ticket of the Ski School Warth, you agree to the use of pictures taken during the services offered by the Ski School for marketing and internet/media purposes.
11. Place of fulfilment, governing law and place of jurisdiction:
Place of fulfilment is located in 6767 Warth. The contract parties agree to the application of Austrian law. Place of jurisdiction for all disputes arising from this contract will be the competent court for Wart.
12. Severability clause:
Should individual terms of this contract be inoperative, this will not affect the remaining terms of this contract and the validity of the contract as a whole. The ineffective provision shall be replaced by a provision that is valid and most closely approximates the commercial result or intended purpose.