LOCAL GUIDES OBERTAUERN SCHWAIGER GMBH
Römerstraße 50, A-5562 Obertauern
1. General Provisions:
Unless agreed otherwise, these General Terms and Conditions shall apply to all legal transactions and contractual relationships concluded between the ski & snowboard school „Local Guides Skischule Schwaiger Obertauern GmbH“ (hereinafter referred to briefly as "LGA“) and their customers as contractual partners. The objective of the LGAT is the operation of snow sports schools in the sense of ski schools and snowboard schools including the services of teaching the skills and knowledge necessary to perform snow sports, in particular skiing and snowboarding (in both cases, however, without a guarantee of achieving any particular training success), as well as guiding and supporting clients in snow sports, in particular with regard to skiing and snowboarding.
2. Reservation, Offer, Order Confirmation, Conclusion of Contract, On-line Price Enquiries and Prices:
Reservations for private lessons, freeride guidings and skitouring may be made personally on site, via the internet or by phone.
The offering of LGAT is non-binding.
Reservations must be accepted and the scope of services confirmed in the form of written order confirmations issued by LGAT. Additional agreements made orally or by telephone shall be valid only if expressly confirmed in writing by the LGAT.
All prices charged by the LGAT are in euros and, unless otherwise agreed, they include the statutory value-added tax. Information included in price lists is not guaranteed. No liability is assumed for possible misprints.
3. Payment Terms:
With respect to contracts concluded via the internet, and unless otherwise agreed in writing, a down payment of at least 50% of the invoiced amount shall be payable immediately upon receipt of a written order confirmation. The deposit shall be credited to LGAT’s bank account no later than 14 days prior to the commencement of the provision of services. If the deposit is not paid on time, the reservation will be cancelled automatically.
The balance shall be collected following the provision of the service, in cash or by a commonly-used electronic payment method.
In the event of a delay with subsequent payments, the LGAT are entitled to demand the payment of the statutory default interest from their contractual partners.
4. On-line Offering and On-line Bookings:
These Terms and Conditions shall apply to all performance rendered by the LGAT on the basis of on-line enquiries and orders made via the internet or another on-line service.
4.1. Contents of On-line Offers:
The LGAT does not assume any liability for the topicality, accuracy, completeness or quality of the information provided by it. Liability claims against the LGAT regarding any kind of material or immaterial damage incurred as a result of the use of, or failure to use, the information presented, or the use of incorrect or incomplete information, are excluded in principle, unless a serious fault on the side of the LGAT is proved.
All offerings are non-binding. The LGAT expressly reserves the right to change, amend, delete, suspend or entirely cancel the publication of a part of or the entire website, or its entire offering without special notice.
4.2. References, Links:
The LGAT does not assume any liability whatsoever for direct or indirect references to websites of others (“links”) that lie outside the LGAT field of responsibility, except where the LGAT demonstrably knew, before including such link, that the concerned website included illegal content or failed, through its own gross negligence after gaining such knowledge, to prevent or forbid the use of such illegal content by third parties provided that it was technically feasible and reasonable for it to do so.
The LGAT hereby expressly declares that as of the moment of placement of any links, no illegal contents were identifiable or known to be contained on the websites made available through such links. It is entirely impossible for the LGAT to influence the present or future design, contents or authorship of the linked or otherwise connected websites. The LGAT hereby expressly dissociates itself from all contents of all linked or otherwise connected websites that have been changed after the linking or placement of the relevant link. This applies to all links and references contained within the LGAT’s own internet offering, as well as all third-party entries in guest books, discussion platforms, mailing lists etc. arranged by the LGAT.
The provider of the website to which reference is made alone shall be liable for illegal, incorrect or incomplete contents and, in particular, for any damage incurred as a result of using, or failing to use, the information made available in this manner; this shall not apply to a provider who, by placing a link, solely refers to the respective publication.
4.3. Copyright and Trademarks:
The LGAT shall exert its best efforts to observe the rights of copyright and trademark in connection with the graphics, audio documents, video sequences and texts used in its publications and to use graphics, audio documents, video sequences and texts that were created by it or are license-free.
All trademarks and product names mentioned within the web offering which may be protected by third-party rights shall be subject to the provisions of the applicable valid trademark laws, other applicable legal regulations, as well as the ownership rights of their respective registered owners. The fact that a trademark is mentioned does not, by itself, mean that it is not protected by any third-party rights.
Copyright to published objects created by the LGAT itself shall remain exclusively with the LGAT of the respective website. Reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications shall require the express consent of the LGAT.
By accepting the General Terms and Conditions of the Salzburg Ski and Snowboard Schools, the course participant expressly and irrevocably agrees that, in the framework of ski instruction and events in connection therewith, the Salzburg Ski and Snowboard School may take photographs and publish them on its website or Facebook site. The course participant may not derive any rights from this; by accepting the GTC of the Salzburg Ski and Snowboard School, the course participant expressly waives any such rights.
5. General Terms for Participation:
The contractual partner shall inform the LGAT at the beginning of the course, truthfully and in full, about his skills and experience in various kinds of snow sports, especially in skiing and snowboarding. He himself shall have independent responsibility for his equipment which shall meet current technology standards for snow sports, in particular skiing and snowboarding, and be suitable given the external conditions, and shall bear the cost in connection therewith. The contractual partner shall also inform the LGAT about his health condition and any health issues that may affect his performance of snow sports or become acute during the performance of such sports.
Prior to the beginning of instruction, the contractual partner shall independently arrange for technical inspection of his equipment, in particular skiing and snowboarding equipment and binding, by a professional. The LGAT shall not be liable in any way for any damage incurred by the contractual partner as a result of unprofessional or insufficient inspection, adjustment or maintenance of his equipment. Each contractual partner shall be responsible for the technical safety of and absence of defects in his own equipment and shall bear the full cost of any damage incurred as a result of using unsafe or defective equipment. The LGAT may prevent the contractual partner from participating in the course if his technical equipment compromises safety or is defective until such defects have been removed; in such event, the contractual partner shall have no right for a refund of the relevant part of the course fee corresponding to the missed instruction units.
The contractual partner shall strictly and exactly follow and observe the instructions of the LGAT. Disregarding such instructions and warnings shall give the LGAT the right to terminate the contract with immediate effect. Furthermore, the LGAT shall be entitled to do so if the contractual partner is affected by the consumption of alcohol and/or other drugs. In all such events, the contractual partner shall have no right to have the course fee paid by him refunded.
6. Liability Terms:
It is strongly recommended that the contractual partners of the LGAT purchase domestic/international health insurance, accident insurance and liability insurance. Under the law, the LGAT shall only be liable for damage incurred in connection with the activities of the LGAT if caused by their wilful intent or gross negligence. The LGAT possess corresponding liability insurance contracts. Moreover, the LGAT shall not be liable in any way if the contractual partner suffers a physical injury, incurs damage or causes damage of any kind through his disregarding instructions, the International Ski Federation (FIS)’s ski slopes rules, statutory regulations or provisions of these General Terms and Conditions.
The contractual partner shall submit any claims or complaints without delay directly to the office of the LGAT so that the situation can be swiftly remedied and the provision of services can continue. Should the contractual partner fail to exercise his right to complain without delay, but by the end of the provision of services at the latest, his possible claim for a reduction of the course fee shall be disregarded. The contractual partner shall submit any other claims vis-à-vis the LGAT in writing, with a reasoning and no later than four weeks from the moment such claims arose or the contractual partner learnt of them.
It is valid that a withdrawal from the contract is possible at the latest 3 days before the agreed start of the service without incurring a cancellation fee. If, on the other hand, the cancellation takes place at a later date, LGAT is entitled to retain the deposit paid in the amount of 50% of the total costs. In the event of cancellation due to accident or illness, the deposit will be refunded upon presentation of a medical certificate.
A refund of payments already made is only possible in the event of an accident or illness on presentation of a medical certificate from a local doctor. The amount to be refunded will be recalculated on the basis of the services actually provided for this period. This reduces the total amount, but may increase the daily rates. In the event of non-appearance at the agreed course date or withdrawal during an ongoing service, no refund will be made.
If a course is cancelled due to poor weather conditions (force majeure), the paid course fee shall not be refunded by the LGAT.
The use of ski lifts is not included in the course fee. Any costs in connection with the use of any ascending equipment shall be borne by the course participants as contractual partners. No compensation shall be paid by the LGAT for instruction time cancelled due to cable car or ski lift failure.
9. Provisions relating to COVID-19 (SARS-CoV-2 virus or CORONA virus):
9.1. Obligations and declarations of the customer or course participant
The customer is generally aware of the occurrence of the worldwide Covid 19 pandemic and the resulting restrictions.
In this context, the customer is obliged to obtain information about any existing restrictions, rules of conduct and recommendations for action with regard to the region in which the ski & snowboard school is located. This also includes the applicable COVID-19 regulations for accommodation and cable car companies.
The customer is aware that rules of conduct which he/she is already responsible for observing, such as regular hand washing with soap and water and other hygiene measures, spacing, wearing a mouth-and-nose protection where spacing is not possible or even mandatory, coughing and sneezing into a tissue or the crook of the arm, and refraining from greetings with physical contact can help to prevent further spread of the virus by the customer.
The customer must follow all instructions issued by the Ski & Snowboard School in this regard, which serve the health safety of the contracting parties. These instructions apply to the premises of the Ski & Snowboard School, the meeting point and all locations visited during the lessons.
The customer also assures to follow and adhere to corresponding instructions and rules of conduct communicated by third parties such as lift or cable car companies, accommodation companies, catering companies or other businesses and which the customer uses in connection with the use of the services of the Ski & Snowboard School.
The customer declares that he/she has not had any symptoms of illness typical for COVID-19 in the 14 days before the first participation in the lessons. He also declares that to his knowledge he has not had any contact with COVID-19 infected persons.
The client declares to stay away from the lessons if symptoms of illness such as dry cough, shortness of breath, loss of sense of taste or smell, sore throat or fever occur before the start of a lesson and to contact the health advice centre on telephone number 1450 for further clarification. This also applies if the client fears that he/she may be suffering from COVID-19 or an illness that has not yet been medically clarified.
Should relevant symptoms or the fear of being ill with COVID-19 occur during lessons, the customer will immediately inform the Ski & Snowboard School so that the customer can be isolated from other people immediately.
The Customer acknowledges that the occurrence of COVID-19 infection or the detection of an infection even in another customer of the Ski & Snowboard School may result in the Ski & Snowboard School having to discontinue the fulfilment of the contractual service and that all customers participating in the lessons must subsequently be placed in quarantine or undergo COVID-19 testing at the Customer's own expense.
The customer acknowledges and agrees that his personal data will be used for the purpose of contact-tracing in connection with COVID-19.
9.2 Special provisions for contractual relationships:
The Ski & Snowboard School is entitled to the fulfilment of services:
If it is possible for the ski & snowboard school to fulfil the contractual service and the customer does not take part in the lessons, the provisions set out under point 8 apply accordingly.
In any case, the ski and snowboard school is able to fulfil its contractual obligations as long as the use of the slopes is not completely prohibited in the skiing area in which the ski and snowboard school is located or the operation of the cable car or lift is not completely stopped. The closure of the accommodation business possibly used by the customer, closures of third party businesses or the occurrence of infections in third parties in the town or region where the ski & snowboard school has its branch office does not make it impossible for the ski & snowboard school to fulfil its services.
The same applies to all possible obligations to leave the country or recommendations to leave on the basis of travel warnings or recall actions of countries for their own citizens, if these were or must have been foreseeable for the customer on the basis of the information obligations to which he is subject.
The Ski & Snowboard School is not able to fulfil the service in whole or in part:
In the following cases, the Ski & Snowboard School shall not be obliged to provide the corresponding service for the contract period in whole or in part and the customer shall receive a voucher for a corresponding later instruction period which can be redeemed later, unless the customer requests in writing the corresponding refund of a fee already paid by him/her:
The ski & snowboard school's obligation to provide services shall also not apply if ski or snowboard instructor accommodations used by ski or snowboard
instructors of the respective ski & snowboard are affected by official closures or other health precautions such as quarantine measures or ordered seclusions due to one or more COVID-19
infections that have occurred or are feared to have occurred there, with ski or snowboard instructors or third parties, and as a result at least 10% of the number of instructors of the ski &
snowboard school are absent. In particular, the ski & snowboard school is not obliged to purchase additional teaching services.
We expressly point out to course participants that pursuant to the Salzburger Landessportgesetz of 1988 (Provincial Law Gazette No. 98/1987), children and youth up to the (completed) 15th year of age must wear the Austrian standard ÖNORM EN 1077:2007-compliant ski or snowboard helmet intended for use during the performance of alpine skiing and snowboarding. In addition to that, course participants must acquaint themselves with the contents and application of the common FIS ski slope rules and observe such rules.
11. Jurisdiction, Place of Performance, Choice of Law:
The place of performance shall be the seat of the central branch of the LGAT. Any legal disputes arising from the contract shall be submitted to the competent court with local and subject-matter jurisdiction at the location of the LGAT’s central branch. Austrian law shall be the governing law. The contract language shall be German.
12. Legal effect:
Should any individual provision of these General Terms and Conditions be or become ineffective, such ineffectiveness shall not affect the effectiveness of the remaining provisions and the legal transactions concluded on the basis hereof. The ineffective provision shall be replaced with another effective provision which is as close as possible to the original provision in terms of its economic impact. Any amendments to these General Terms and Conditions shall require written form.