General Terms and Conditions Ski School SKIPOWER in A-6292 Finkenberg.
Unless expressly agreed otherwise, our GTC apply to all business transactions between the SKIPOWER ski school and the customers. The object of the company is the operation of a snow sports school (ski school). This includes, in particular, services such as the provision of instruction in the skills and knowledge of skiing (without guarantee of a specific training success) as well as guiding and accompanying in skiing.
2. Conclusion of contracts for offers, online price enquiries and prices
Reservations for private courses can be made via the Internet, by telephone or by fax. Reservations are only deemed to be firmly booked after written confirmation by the SKIPOWER ski school. The offers of the SKIPOWER ski school are subject to change. Our written order confirmation is exclusively decisive for the acceptance of the reservation and the scope of the service. Verbal or telephone subsidiary agreements are only valid with express written confirmation by the SKIPOWER ski school. All prices quoted by us are in euros and, unless otherwise stated, include the statutory value added tax. Price lists are without guarantee. We are not liable for printing errors.
3. Terms of payment
If no other written agreements have been made, a deposit of EUR 250.00 shall be paid immediately after receipt of the written order confirmation for contracts concluded via the Internet, fax or other means of distance communication and concerning private courses. This payment must be received on the account of the SKIPOWER ski school at least three bank days before the start of the lessons. The final settlement of the private ski course shall be made after the end of the services. For contracts concluded at the place of performance, the fee for the service to be provided is to be paid either to the ski instructor directly or at the ski school office. In the event of late payment, we are entitled to charge interest on arrears at a rate of 5%; this does not affect claims for compensation for higher interest.
4 General conditions of participation
The contractual partner shall inform the SKIPOWER ski school truthfully and comprehensively about his/her abilities and experience in skiing and all other activities, as well as independently ensure that he/she has equipment that corresponds to the state of skiing technology and the external conditions. Likewise, he/she shall comprehensively inform the SKIPOWER ski school about his/her physical abilities, in particular his/her state of health and any ailments. Before the start of the lessons, the contractual partner shall independently arrange for the ski equipment (in particular ski bindings) to be checked by a specialist company. The contractual partner shall follow the instructions issued to him/her by the SKIPOWER ski school. Failure to comply with a warning entitles the SKIPOWER ski school to immediate termination of the contract. Participation in the services of the SKIPOWER ski school under the influence of alcohol or drugs entitles the SKIPOWER ski school to immediate termination of the contract. In the described cases of contract termination, the contractual partner has no claim to reimbursement of the payment made.
5 Liability provisions
In principle, the SKIPOWER ski school is liable according to the legal provisions exclusively for damages which are directly connected with the activity of the SKIPOWER ski school and which were caused intentionally or by gross negligence. A corresponding liability insurance exists.
The contractual partner shall immediately report any complaints to the office on site in order to ensure that remedial action is taken. In the event of culpable non-notification, there is no entitlement to a reduction of the fee. Claims against the SKIPOWER ski school are to be asserted and substantiated in writing no later than 4 weeks after they arise.
For private courses, cancellation of the contract is possible up to 14 days before the start of the course WITHOUT incurring a cancellation fee. However, if the cancellation is made at a later date, the full amount according to the confirmed booking will be charged. If individual days of a confirmed reservation are not used, the SKIPOWER ski school is entitled to charge the agreed rate to the extent of a full daily rate for one person. A refund of payments already made is only possible in the event of illness or accident, on presentation of the original receipt and with a medical certificate from a local doctor. The amount to be refunded will be recalculated on the basis of the services actually provided for that period. The total amount will be reduced as a result, but higher daily rates may be charged. No refund will be made in the event of cancellation during a service in progress or non-appearance on the agreed date. If the weather conditions do not guarantee the performance of the service for safety reasons, the SKIPOWER ski school reserves the right to postpone or cancel the services. Only in the case of a cancellation, the SKIPOWER ski school is obliged to refund the proportional payment; the contractual partner is not entitled to any further claim.
8. Place of performance
A-6292 Finkenberg, Dornau 306
9. Place of jurisdiction
The court with subject-matter jurisdiction at the registered office of the SKIPOWER ski school shall have exclusive jurisdiction to decide on all disputes arising from this contract.
10. Choice of law
Austrian law shall apply.
11. Legal validity
Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions and that of the entire legal transaction. The ineffective condition shall be replaced by a condition that comes as close as possible to the ineffective condition in economic terms.