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Terms of Service

1. Scope, scope of services

The ski instructor & ski guide & UIMLA mountain guide provides his services exclusively on the basis of the following general terms and conditions (GTC). These apply to all legal relationships between the ski instructor & ski guide, UIMLA mountain guide and the guests, even if they are not expressly referred to.

The contract includes all obligations as a ski instructor & ski guide & UIMLA mountain guide to lead a guest on a specific tour / program. In return, the customer undertakes to pay the fee, unless free of charge has been expressly agreed.

The requirements specified in the programs or tour descriptions must be met by the participant. Each guest is responsible for the condition and maintenance of any equipment they may have brought with them, as well as their own state of health.

In order to assess the suitability of the individual guest for the planned tour / program, the guest undertakes to provide truthful information to the ski instructor & ski guide & UIMLA mountain guide. Due to the legal obligation, the ski instructor & ski guide & UIMLA mountain guide has to convince himself before starting a tour that the guests are adequately equipped and appropriately equipped. The ski instructor & ski guide & UIMLA mountain guide reserves the right to refuse to guide people who are inadequately equipped or who are apparently unable to cope with the difficulties of the planned undertaking. In this case there is no entitlement to a refund of the fee.

Despite the best tour planning and guidance, no unqualified guarantee of success can be given for the achievement of the planned program goals or summit. Decisions regarding the choice between several route variants, about continuation and termination of the tour / program, regarding the inclusion of breaks and their lengths, the decision regarding the taking and the use of equipment are the sole responsibility of the ski instructor & ski guide & UIMLA mountain guide.

No claims for compensation can be made for tours / programs that are not due to safety reasons (such as falling rocks and ice, avalanches, falls, weather changes, etc.) or through the fault of the participant.

Damage from loss or repair costs of damage to rental equipment that goes beyond normal wear and tear must be reimbursed by the participant.

Due to the special responsibility for the correct implementation of the tour / program, with the conclusion of the contract, the guests undertake to comply with the instructions of the ski instructor & ski guide & UIMLA mountain guide, which he issues in his function as the responsible and competent leader of the tour / program, to subjugate. If these are ignored by the guests, the ski instructor & ski guide & UIMLA mountain guide cannot be held responsible for any consequences that may arise.

2. Conclusion of the contract

The contract between the guest and the ski instructor & ski guide & UIMLA mountain guide comes into being when there is agreement on the essential parts of the contract (goal / purpose of the company, fee, time and number of people to be guided, etc.). The booking can be made in writing or orally. Telephone bookings are legally binding. If several participants register at the same time, the person who makes the registration is liable for paying the invoice amount. Acting in one’s own name is presumed. In addition, if a contract is concluded for the management of a tour / program with several people, all guests are jointly and severally liable for the fee claim.

The ski instructor & ski guide & UIMLA mountain guide reserves the right to change, limit or expand the training and tour program at any time due to unforeseeable circumstances. Due to the dependence on weather conditions or other unforeseeable circumstances, the originally planned route / program cannot always be guaranteed.

With the registration a deposit of 50% has to be made, the remaining payment has to be received at the latest 21 days before the start of the tour / start of the program on the specified account without any deductions or charges. In exceptional cases and only with the express consent of the ski instructor & ski guide & UIMLA mountain guide, cash payment can also be agreed on site before the start of the tour / program.

3. Change in the person of the guest

If the guest is prevented from starting the company, he can transfer the contractual relationship to another person, provided that this person fulfills all the conditions for participation and the transfer is communicated to the ski instructor & ski guide & UIMLA mountain guide within a reasonable period of time. The transferor and the purchaser are jointly and severally liable for the unpaid remuneration as well as any additional costs arising from the transfer. A refusal of the transmission by the ski instructor & ski guide & UIMLA mountain guide is possible for objectively justified reasons.

4. Minimum number of participants

In principle, all events can only be held if the specified minimum number of participants is reached. If this is not the case, the ski instructor & ski guide & UIMLA mountain guide is entitled to withdraw from the contract up to 7 days before the start of the event. The fee already paid will be refunded in full. If the guest nevertheless insists on holding the event, a new offer with a recalculated price can be submitted. If the guest agrees to the newly calculated price, a new contract is concluded. However, there is no obligation for the ski instructor & ski guide & UIMLA mountain guide to hold the event again.

5. Insurance

The ski instructor & ski guide & UIMLA mountain guide has the legally required liability insurance. Any private insurance (e.g. accident insurance) in connection with the planned tours / program must be taken out by the guests themselves. In this context, it should be noted that helicopter or mountain rescue operations can incur very high costs that are usually not covered by the responsible social security agencies and are therefore to be paid by the guest concerned. It is therefore expressly recommended that you take out rescue insurance.

There is basically no cancellation insurance. The guest is responsible for compliance with any passport, visa, customs, currency and health regulations at his own expense.

6. Guarantee

The guest has a warranty claim if the service is not provided or is inadequate. The guest agrees that instead of his right to conversion or price reduction, he will be provided with a fault-free service within a reasonable period, if this is possible. In order to carry out the improvement during the current tour / program, the guest is obliged to notify the ski instructor & ski guide & UIMLA mountain guide. If the guest is responsible for a disruption in performance, such as a health impairment (e.g. acclimatization to altitude that is too slow, poor fitness, etc.), the guest cannot derive any claims from this.

7. Compensation

In the event of a culpable breach of an obligation arising from the contractual relationship, the ski instructor & ski guide & UIMLA mountain guide is responsible for compensating the guests for the resulting damage if all other legal requirements are met.

Responsible for personal injury, property damage and financial loss as part of the legally required liability insurance. The ski instructor & ski guide & UIMLA mountain guide is not liable in the event of slight negligence. Claims for compensation from the title of lost holiday joy are also excluded. Any compensation is limited to the amount of the liability insurance that exists at the time.

Apart from legal liability, guests take part in the tour / program at their own risk. A considerable degree of caution is therefore required from every guest. The ski instructor & ski guide & UIMLA mountain guide cannot assume any responsibility in the event of accidents, damage or other irregularities that arise due to the realization of alpine dangers (such as risk of falling, altitude sickness, cold damage, danger of avalanches, crevasses, falling rocks). This is expressly accepted by the guest when they register. All events are prepared and held to the best of our knowledge and belief. No guarantee can be given for summit success / learning success or the fulfillment of subjectively presented travel destinations / learning goals. It is in the nature of the event that a certain residual risk and uncertainty remains for the guest. Appropriate tour preparation / program preparation through endurance sports, appropriate technical training and personal caution reduces the risk of accidents and is therefore urgently recommended to every guest.

8. Withdrawal from the contract

The guest has the right to withdraw from the contract in writing at any time. If you cancel no later than 30 days before the start of the program, there are no costs. If you cancel at a later point in time, the following costs arise:

In addition, any cancellation costs for hotels or huts etc. are to be borne by the participant. It is recommended to take out cancellation insurance. If the space vacated by the withdrawal can be resold, there are no costs. Changes to dates apply in the same way as cancellation and new registrations.

If a guest does not go to the agreed starting point of the tour / program or if the guest fails to set off for the tour / program due to negligence or a reason caused by force majeure, 75% of the tour fee plus any expenses can be paid by the ski instructor & ski guide & UIMLA mountain guides will be retained.

9. Resignation of the ski instructor & ski guide & UIMLA mountain guide prior to departure

If the ski instructor & ski guide & UIMLA mountain guide has to withdraw from the contract due to unusual and unforeseeable events over which he had no influence and the consequences of which could not have been avoided despite exercising the necessary care, the guest must reimburse the expenses incurred up to now. Such events include government orders, strikes, war or war-like conditions, natural disasters, epidemics, weather and avalanche conditions, etc. The portion of the management fee that exceeds the reimbursement of expenses will be reimbursed.

10. Withdrawal by the ski instructor & ski guide & UIMLA mountain guide after the start of the trip

The ski instructor & ski guide & UIMLA mountain hiking guide is released from the provision of services if a guest during a tour / program through improper and grossly careless behavior permanently disrupts the undertaking - regardless of a warning - or endangers others.

In this case, if the guest is at fault, he is obliged to pay compensation to the ski instructor & ski guide & UIMLA mountain guide. In such a case, the tour fee will not be refunded.

11. Changes to the contract

The ski instructor & ski guide & UIMLA mountain guide reserve the right to increase the fee confirmed with the booking for reasons beyond the control of the ski instructor & UIMLA mountain guide, provided that the date is more than three months after the conclusion of the contract. Such reasons are, for example, the change in any transport and national park fees or the exchange rates to be used for the implementation of the tour / program.

Program changes due to changes in the weather, other alpine dangers as well as physical weaknesses of the individual guests and other are reserved for all tours / programs. According to the applicable law, the ski instructor & ski guide & UIMLA mountain guide is obliged to break off a tour program if unforeseeable special circumstances arise in which the physical safety of his guests appears to be endangered. Due to these circumstances, the guests cannot make any claims for compensation against the ski instructor & ski guide & UIMLA mountain guide. The decision has to be based on the weakest guest and the other guests of the company share the same fate.

The principle of personal execution of the contract applies. In the event of hindrance due to important reasons (e.g. illness, death in the family, etc.), the ski instructor & ski guide & UIMLA mountain guide is entitled to transfer the management activity to a third party. The guest expressly agrees to this transfer option. In such a case, liability is limited to any fault in selection.

12. Provision of information to third parties

Information about the names of the guests and the cake will not be given to third parties, even in urgent cases, unless the guests have expressly requested information. The costs arising from the transmission of urgent messages are borne by the traveler.

13. Data protection and advertising

The ski instructor & ski guide & UIMLA mountain guide is entitled to process and save personal data in the context of contract processing and purposes resulting from the contract. Furthermore, when booking, the guest expressly agrees to pass on personal data to the course instructor, participants and accommodation. By participating in an event, the participant agrees that videos and photos taken by him during the company may be used by the ski instructor & ski guide & UIMLA mountain guide for advertising purposes.

14. Final provisions

Austrian law applies to the exclusion of conflict of law rules. Should individual provisions of the contract with the guest, including these general terms and conditions, be or become wholly or partially ineffective, this shall not affect the validity of the remaining provisions. The completely or partially ineffective regulation will be replaced by a regulation that comes as close as possible to the economic purpose of the ineffective one.

15. Place of business and jurisdiction

The place of jurisdiction for all disputes arising from the contract and possible subsequent claims is 9500 Villach in Austria.