terms and conditions of the salzburg ski and snowboard schools
These general terms and conditions apply to the ski and snowboard schools operating in SalzburgerLand.
1. General and scope of these GTC:
Unless expressly agreed otherwise in writing, these general terms and conditions (hereinafter: GTC) in the currently valid version apply exclusively to all legal transactions, contractual relationships and legal relationships between the Ski & Snowboard School in SalzburgerLand (hereinafter: Ski & Snowboard School) and their contractual partners (hereinafter: customer) are concluded or justified. Contradictory terms and conditions of the customer have no effect on the legal relationship with the ski & snowboard school.
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The object of the ski and snowboard school is the operation of snow sports schools within the meaning of the Salzburg Ski School and Snowboard School Act. In this context, these General Terms and Conditions apply to all services provided by the Ski & Snowboard School to the customer and/or to persons for whom the customer has entered into legal relationships with the Ski & Snowboard School (related persons insofar as the provisions in these General Terms and Conditions apply to them also applicable below: customer or course participant) are provided or mediated.
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Services in the field of skiing and snow sports are in particular
• the provision of instruction (individual or group courses) in the skills and knowledge of snow sports (without guaranteeing a specific training success) and in the skills and knowledge of guiding and accompanying snow sports, including skiing and snowboarding, but also cross-country skiing and snowshoeing etc. counting,
• the provision or procurement of ski or snowboard equipment (snow sports equipment) provided by the ski & snowboard school at the customer's request as part of or to enable lessons (ski or snowboard rental or rental of all or part of the ski or snowboard equipment, in short : rental or rental services), whereby the ski & snowboard school is entitled to use subcontractors (ski or snowboard rental companies) for the provision or procurement of snow sports equipment,
• The associated activities such as any childcare services and related services (e.g. meals for children).
2. Offers from the ski & snowboard school, bookings or customer offers, conclusion of contract, price information, prices:
2.1. All offers from the ski and snowboard school are always non-binding.
2.2. Bookings for individual and group courses as well as for rental can be made by the customer personally on site, but also via the Internet, by fax or by telephone. Bookings or declarations by the customer to an employee of the ski & snowboard school do not constitute an obligation for the ski & snowboard school to conclude a contract, but represent a binding offer from the customer that can be accepted by the ski & snowboard school. The ski & snowboard school is not obliged to notify the customer of non-acceptance of the offer or rejection of online bookings. If the customer's offer is not confirmed within a period of two weeks from receipt, the customer's offer is deemed not to have been accepted. For the scope of the contractual service, only the written booking confirmation or the payment receipts or the course card from the ski and snowboard school are decisive. Verbal or telephone side agreements only apply if expressly confirmed in writing by the Ski & Snowboard School.
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2.3. A contract between the ski & snowboard school and the customer is to be concluded both electronically (the customer submitting an offer via the online form and the ski & snowboard school subsequently accepts the contract with a written booking confirmation) and on the business premises of the ski & snowboard school. Snowboard school (conclusion of contract by handing over a receipt to the customer) possible. A contractual relationship between the ski and snowboard school and the customer only comes into existence when the booking confirmation is sent or the proof of payment is handed over. The booking confirmation and/or the proof of payment serve as proof of the use of the booked service and must be presented by the customer to the respective course instructor at the beginning of the course. The ski & snowboard school offers services that are provided in connection with leisure activities and for which a specific time or period is contractually provided. There is therefore no right of withdrawal when concluding a contract via telephone, Internet or e-mail.
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2.4. All information on prices in price lists of the ski & snowboard school, price lists on the Internet, in brochures, advertisements or other information carriers or online price inquiries are without guarantee and are
2.5. All prices quoted by the ski & snowboard school are in EURO (€) and include any statutory sales tax, unless otherwise agreed.
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3. Terms of payment:
3.1. Costs for lift tickets (ski tickets) or for ski equipment (rental) are not included in the course costs. These are to be purchased and brought by the customer at their own expense. If the ski & snowboard school offers the rental of snow sports equipment, an additional fee may apply.
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3.2. The Ski & Snowboard School's claim to payment from the customer arises upon conclusion of the contract. At this point in time, payment of the contractual fee is due.
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3.3. In all cases, the course costs and costs for additional services (e.g. rental), and therefore the contractual fee, must be paid by the customer before the start of the course and the amount must be received by the ski and snowboard school, otherwise the customer is not entitled to ski services - & snowboard school to take advantage of. In all cases, the course card (voucher) will only be handed over after full payment has been received by the Ski & Snowboard School. It is not possible to attend classes without a course card.
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3.4. If no other written agreements have been made, a down payment of at least 50% of the invoice amount to be paid by the customer. This down payment must arrive in the Ski & Snowboard School's account three working days before the start of the service provision. In any case, the remaining amount must be paid before the start of the service provision and therefore before the start of the course and must be received by the ski and snowboard school. For contracts concluded at the place of performance, the fee for the service to be provided must be paid in full in the office of the Ski & Snowboard School before the start of the course or using standard electronic payment methods. If expressly agreed in writing with the ski & snowboard school in individual cases, the total amount of the course costs can also be paid in cash immediately before the start of the service to the ski instructor or to a person from the ski & snowboard school who is authorized to receive the course costs.
3.5. All expenses - in particular bank charges - in connection with the payment of the services booked at the Ski & Snowboard School are borne exclusively by the customer.
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3.6. Default of payment occurs without further notification from the ski school. In the event of a delay in payment, the Ski & Snowboard School is entitled to charge the customer the statutory interest on arrears and all additional costs and expenses, in particular collection or legal costs. In the case of open claims, the ski school can offset any payments made by the customer against their open claims, regardless of any dedication by the customer. In the event of non-payment of a claim, all other claims against the customer are due immediately.
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4. Online offers and online bookings: All services of the ski & snowboard school that are based on online inquiries and orders using the internet or other online services are also subject to these terms and conditions.
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4.1. Content of the online offer: The ski & snowboard school (hereinafter referred to as "author") assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to any kind of material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are excluded in principle, provided that the author has no demonstrably serious fault exists. All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the website or the entire offer or to temporarily or permanently cease publication without prior notice.
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4.2. References (“links”): In the case of direct or indirect references to recognizable third-party websites (“links”, “hyperlinks”, “deep links”) that lie outside the area of responsibility of the author, the author is not liable, unless , he has demonstrably become aware of illegal content of the relevant Internet pages or copyright infringements before the respective linking and, after actually becoming aware of it, grossly culpably failed to prevent or prohibit the use by third parties in the case of illegal content, provided that this would be technically possible for him and been reasonable. The author hereby expressly declares that no illegal content was recognizable or known on the linked websites at the time the link was set. The author has no influence whatsoever on the current and future design, the content or the authorship of the linked websites. The author hereby expressly distances himself from all content on all linked websites that were changed after the linking or linking was carried out. This applies to all links and references set within our own website as well as to all third-party entries in guest books, discussion forums, mailing lists, etc. set up by the author. The provider of the website to which reference is made is solely liable, but not the person who merely refers to the respective publication via links.
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4.3. 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 he has created himself or to license-free graphics, sound documents, video sequences, and texts to fall back. 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 and labeling law, the other relevant legal norms, and the property rights of the respectively registered owner. Simply because of the mere naming, it should not be concluded that trademarks are 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 respective website. Reproduction or use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the author.
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4.4. Photographs, consent, and customer's right of withdrawal: By accepting these General Terms and Conditions of the Ski & Snowboard School (author), the customer gives his express consent and consent to the production of photographs as part of the provision of services and publication of these photographs on the website or the Facebook page ( or in the social media channel) of the ski & snowboard school. No rights of any kind can be derived from this on the part of the customer and this is expressly waived by accepting these General Terms and Conditions. The customer can revoke the consent and consent to the publication of demonstrably showing photos of him or his child on the website or the Facebook page (or in the social media channel) of the Ski & Snowboard School in writing to the author at any time, stating the specific photo.
5. Conditions of withdrawal:
5.1. For individual courses or courses for a group of people, it is possible to withdraw from the contract by 5:00 p.m. on the previous day at the latest without incurring a cancellation fee. The resignation has to be written. The arrival of the letter of cancellation at the ski & snowboard school is decisive for meeting the deadline, whereby transmission errors and the like are at the expense of the customer. When booking half a day or by the hour, the proportionate daily or hourly rate to be charged.
5.2. For group courses (the customer has booked a group course; bookings for groups of people are not meant) a refund of payments already made is only possible in the event of an accident or illness upon immediate presentation of a medical certificate from a local doctor. The amount to be refunded will be recalculated based on the services actually provided for that period. This reduces the total amount, but the daily rates may increase.
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5.3. In all other cases, the customer is generally not entitled to withdraw without the express written consent of the ski school and must pay the full fee. No refund will be made in the event of no-show or late arrival at the agreed course date or cancellation during an ongoing service. 5.4. The Ski & Snowboard School is entitled to withdraw from the contract at any time if the customer participates in courses under the influence of alcohol, drugs, or medication, and safe participation is no longer guaranteed. The same applies if the customer persistently resists the instructions of the ski school, the teachers or the caregivers. The customer is not entitled to any claims in the event of such a contract termination. In particular, he is also obliged to pay the full fee.
6. Impossibility of Service
6.1. If the performance of the service is not possible for safety reasons (e.g. weather conditions, danger of avalanches, etc.), the ski & snowboard school is not obliged to provide the service. It is up to the reasonable discretion of the Ski & Snowboard School to assess the impossibility of providing the service, whereby a partial impossibility - e.g. ski lessons are not possible on three out of five days - does not affect the implementation of the possible part of the service. In the event of the (partial or complete) impossibility of performance in this regard, the Ski & Snowboard School will reimburse the customer for the proportionate fee within 14 (fourteen) days. The customer is not entitled to any further claims.
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6.2. Force majeure or other unforeseeable and unavoidable events release the ski & snowboard school from its performance obligations if they are affected. In the event of the (partial or complete) impossibility of performance, the Ski & Snowboard School will either issue a credit note for the pro rata fee or pay the pro rata fee back to the customer within 14 (fourteen) days. The customer has the right to choose in this regard. The customer is not entitled to any further claims. A possible right of withdrawal according to § 10 paragraph 2 of the Package Travel Act remains unaffected.
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6.3. In the event of epidemics, pandemics, and related official measures such as the closure of the ski & snowboard school, the special provisions below apply in connection with COVID-19 (SARS-CoV-2 virus or CORONA virus).
7. General Conditions of Participation:
7.1. Participation, meeting point: Customers can only take part in lessons at the ski and snowboard school with a valid course ticket. In order to provide the service, the customer must be at the meeting point of the ski & snowboard school or at another location in the ski school area announced by the ski & snowboard school in good time before the start of the course. The ski & snowboard school reserves the right to change the meeting point of the courses at short notice - in these cases, the customer will be informed by the ski & snowboard school.
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7.2. Customer Obligations:
The customer must inform the Ski & Snowboard School truthfully and comprehensively about his skills and experience in the booked snow sport at the beginning of the course.
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He must inform the ski & snowboard school about his state of health and any ailments that impair the practice of snow sports or that can become acute when practicing this sport. Furthermore, the customer undertakes not to take part in lessons in the event of feverish infections, contagious diseases or illnesses associated with diarrhea and vomiting. In particular, if COVID-19 symptoms (fever, dry cough, tiredness, breathing difficulties, etc.) occur, the customer undertakes to refrain from attending classes. If the customer has booked a group course, he can make use of the right of withdrawal provided for this purpose upon the presentation of a medical certificate.
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The customer is responsible for providing and paying for equipment that is appropriate to the state of snow sports technology and external conditions. If the customer uses their own snow sports equipment, the customer must have the snow sports equipment and bindings (in particular ski or snowboard bindings) checked by a specialist company before the start of the lesson. The Ski & Snowboard School can prohibit the customer from participating in the course with safety-endangering or defective technical equipment until the customer has arranged for the defect to be remedied, without the customer being entitled to a reduction in the fee for missed lessons.
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The group assignment and classification of the customer is carried out by the ski & snowboard school according to the customer's ability - if a downgrading of the customer is necessary, the customer must follow this decision. Otherwise, the Ski & Snowboard School is entitled to terminate the contract immediately, without the customer who is in breach of contract being entitled to claim back the payment made.
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The customer must strictly and precisely follow and comply with the instructions of the ski and snowboard school. Disregarding instructions and warnings entitle the Ski & Snowboard School to immediately terminate the contract. This also applies if the customer behaves improperly, in particular towards other customers or course participants. In all of these cases, the customer is not entitled to a refund of the payment made.
If the number of group members in group courses is reduced to fewer than 5 (five) people, the Ski & Snowboard School reserves the right to merge groups or reduce the lessons accordingly.
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8. Complaints:
Any complaints and complaints are to be reported by the customer to the respective office of the ski & snowboard school immediately on site in order to enable rapid remedy and to continue to be able to provide the service. If the customer does not exercise his right to complain immediately, at least not by the end of the service provision, any claims for a reduction in the fee can no longer be considered. Other claims against the Ski & Snowboard School must be asserted and justified in writing no later than four weeks after the cause of the claim has arisen or the reason for the claim has become known.
9. Notices and recommendations relevant to liability, and limitations of liability:
9.1. It is expressly stated that the practice of snow sports is associated with numerous risks and that there is an increased risk of injury or even death, especially from avalanches, particularly on tours or descents in open terrain, which cannot be completely ruled out. The customer acknowledges that a rescue from slopes or in open terrain is often associated with high costs. The customer is therefore recommended to take out appropriate insurance because the Ski & Snowboard School is not liable for rescue and flight rescue costs unless these rescue and/or flight rescue costs were intentionally incurred by the Ski & Snowboard School or a person attributable to it or grossly negligent behavior.
9.2. According to the statutory provisions, the Ski & Snowboard School is only liable for damage and consequential damage resulting from damage-causing behavior in relation to the main obligations arising from the concluded contract and caused by the persons attributable to it intentionally or through gross negligence, whereby the exclusion of liability for contractual and tortious claims for damages of any kind, but not for personal injury. The ski & snowboard school has corresponding liability insurance.
The ski & snowboard school is not liable under any circumstances if the customer injures his body, suffers damage or causes damage of any kind by disregarding the instructions of the ski & snowboard school, disregarding the FIS piste rules, other legal regulations or provisions of these General Terms and Conditions . If the customer incurs damage that can be traced back to snow sports equipment provided to the customer, the customer shall indemnify and hold the ski and snowboard school harmless accordingly.
The Ski & Snowboard School assumes no liability for damage that the customer causes to himself or other people during the performance of the agreed service through no fault of the Ski & Snowboard School. The same applies to corresponding damage caused to him by third parties.
The respective ski & snowboard school is not liable under any circumstances for damage of any kind that the customer incurs as a result of a non-professional or insufficiently carried out inspection, adjustment or maintenance of his equipment. Every customer is responsible for the technical safety and freedom from defects of his own equipment and has to pay for any resulting damage himself.
Irrespective of fault, the ski & snowboard school is not liable for lost profits, pure financial losses and consequential damages, insofar as these exceed three times the service fee.
Insofar as the customer of the ski & snowboard school is an entrepreneur (e.g. travel agency or tour operator), the limitation period for asserting claims for compensation against the ski & snowboard school is six months from the knowledge of the damage.
The Ski & Snowboard School does not provide compensation for lessons lost due to failures of the cable car and lift systems.
In connection with the courses offered, the ski & snowboard school does not guarantee the success of the training for the customer or course participant.
10. Physical safety, and compliance with the FIS slope rules:
10.1. The customer or course participant is expressly advised that children and young people according to § 3c Salzburg State Sports Act 1988, LGBI.Nr. 98/1987 as amended up to the age of 15 are obliged to use a ski or snowboard helmet in accordance with ÖNORM EN 1077:2007 when practicing alpine skiing and snowboarding. The customer is also advised that not wearing a crash helmet in the event of injury may constitute contributory negligence on the part of the customer, which is why the customer or course participant is recommended to wear a crash helmet and other safety equipment recommended for the service booked (e.g. avalanche search device for trips in the open terrain) or, in the case of avalanche equipment, to carry with you. Crash helmets and safety gear usually reduce the risk of injury.
10.2. In addition, the customer or course participant must gain knowledge of the content and application of the current FIS slope rules and comply with them.
11. Provisions related to COVID-19 (SARS-CoV-2 virus or CORONA virus):
11.1. 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 find out about any existing restrictions, rules of conduct, and recommendations for action related 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 the rules of conduct to be observed by him at his own responsibility, such as regular hand washing with soap and water and other hygiene measures, keeping your distance, and possibly wearing a mouth and nose protector where it is not possible or even mandatory to keep your distance, that Coughing and sneezing into a tissue or the crook of your arm and not making physical contact greetings can help prevent him from spreading the virus further. The customer must follow all relevant instructions from the ski and snowboard school or the ski rental that serve to ensure the health and safety of the contracting parties. These instructions apply to the premises of the Ski & Snowboard School, the meeting point or assembly point, and all locations that are visited during the lesson. The customer also assures that they will follow the corresponding instructions and rules of conduct that are communicated by third parties such as lift or cable car companies, accommodation providers, catering establishments, or other companies and that the customer makes use of in connection with the use of the services of the ski and snowboard school, to comply with and to obey. The customer declares that they have not had any symptoms of illness typical of COVID-19 in the last 14 days before the first participation in the course. He also states that, to the best of his knowledge, he has not had any contact with people infected with COVID-19. The customer agrees to stay away from the class if symptoms of illness such as a dry cough, shortness of breath, loss of sense of taste or smell, sore throat, or fever occur before the start of a class and to contact the health helpline on 1450 to get there to make further clarifications. This also applies if the customer fears that he or 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 arise during the lesson, the customer will inform the ski & snowboard school immediately so that the customer can be isolated from other people immediately. The customer acknowledges that the occurrence of a COVID-19 infection or the detection of infection, even in the case of another customer of the ski & snowboard school, may result in the ski & snowboard school having to cancel the performance of the contractual service and all customers attending classes will subsequently be quarantined or subject to 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 tracking the ski & snowboard school ("contact tracing" in connection with COVID-19).
11.2. Special provisions for contractual relationships:
The fulfillment of the service is possible for the ski & snowboard school: If the fulfillment of the contractual service is possible for the ski & snowboard school and the customer does not take part in the lesson, the provisions set out under the above “Terms of Withdrawal” apply accordingly. This also applies if the customer cancels or has to cancel his or her participation in the lesson due to a COVID-19 infection that has been proven or feared by the customer before or during the performance of the contract by the ski & snowboard school. The performance of the ski & snowboard school is in any case possible as long as the use of piste areas in the ski area where the ski & snowboard school has its branch is not completely prohibited or the cable car or lift operation is not completely stopped accommodation used by the customer, closures of third-party businesses or the occurrence of infections in third parties in the town or region of the Ski & Snowboard School branch does not make it impossible for the Ski & Snowboard School to perform its services. The same applies to all possible departure obligations or departure recommendations that the customer may have due to corresponding travel warnings or recall campaigns by states for their own nationals if these were foreseeable for the customer due to the information obligations affecting him or should have been foreseeable.
The ski and snowboard school's obligation to perform also lapses if ski or snowboard instructor accommodation used by the ski or snowboard instructor of the respective ski and snowboard school is due to one or more COVID- 19 infections are affected by official closures or other health precautions such as quarantine measures or ordered isolation, and as a result at least 10% of the number of teachers at the ski & snowboard school are absent. In particular, the Ski & Snowboard School is not obliged to purchase additional teaching services.
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11.3. Special liability provisions:
The Ski & Snowboard School assumes no liability whatsoever for any damage or consequential damage or other disadvantages of any kind that the customer incurs or could incur in connection with the occurrence of COVID-19 infections. This also applies in particular if the customer should become infected during the provision of the contractual services or an infection should have emanated from the ski & snowboard school despite compliance with the appropriate precautions. If the provision of services for the ski & snowboard school is not possible in whole or in part for one or more of the above reasons, the ski & snowboard school is liable for all damage and consequential damage or other disadvantages that may occur on the part of the customer (e.g. lost holiday joy, any frustrated expenses, any costs in connection with the arrival and departure, any costs and disadvantages of any kind in connection with a voluntary or mandatory early termination of the stay or a related early departure, from accommodation establishments or third-party establishments advance payments received or cancellation costs to be paid, any costs in connection with expired lift tickets, costs for COVID-19 tests or other health-related measures, all conceivable additional disadvantages of any kind, etc.), are excluded in any case. If the provision of services for the ski & snowboard school is possible in whole or in part (cf. the relevant provisions above) and the customer must cancel the lessons due to a proven or suspected COVID-19 infection in the customer before or during the performance of the contract by the ski & snowboard school cancel, point 5 applies. Conditions of cancellation.
11.4. The Ski & Snowboard School reserves the right to measure the fever of each customer before the start of each course or at the beginning of each course day. In the event of an elevated temperature, fever, or other clear signs of contagious diseases such as COVID-19, the ski school can exclude the customer from lessons at its own discretion. In these cases, the customer has the right to either a pro-rata refund of a fee already paid or a corresponding credit note.
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12. Place of performance, place of jurisdiction, choice of law, contract language, and other provisions:
12.1. The place of fulfillment for all obligations to be fulfilled by both the ski & snowboard school and the customer is the location of the central branch of the ski & snowboard school.
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12.2. If the customer is an entrepreneur or consumer residing outside the scope of the EuGVVO or the Lugano Convention (these are all countries with the exception of the EU member states, Switzerland, Norway, and Iceland), all legal disputes arising from or in connection with these General Terms and Conditions and/or contracts between the ski & snowboard school and the customer regarding the provision of services by the ski & snowboard school, the factually and locally competent court at the ski school's registered office is agreed as the exclusive competent court. If the customer is a consumer resident within the EU or within the area of application of the Lugano Convention, the statutory provisions on jurisdiction shall apply.
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12.3. Austrian law applies to the exclusion of Austrian international private law.
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12.4. The contract language is German.
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12.5. Should one or more provisions of these General Terms and Conditions be or become ineffective, such legally effective provisions shall be expressly agreed between the Ski & Snowboard School and the customer which comes closest to the economic purpose of the ineffective provision. This does not affect the effectiveness of the remaining provisions.
12.6. Verbal ancillary agreements to these General Terms and Conditions do not exist. Subsidiary agreements of any kind, changes, or additions must be made in writing to be effective. This also applies to the waiver of this written form requirement.
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12.7. All rights and obligations from these terms and conditions are transferred to any legal successors of the ski & snowboard school.
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13. Data protection:
More information can be found in the Ski & Snowboard School's data protection declaration, which can be accessed on the Ski & Snowboard School's homepage.
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Status: 30.9.2020