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General Terms And Conditions (GTC)

1 Scope of Application

1.1 In business relations between Skischool Powder Days (hereinafter: Skischool) and their customer (hereinafter: Customer), the following General Terms and Conditions (hereinafter: GTC), in their respective current version, shall apply exclusively. The current version of the GTC shall be the version in force on the respective booking day. Changes to the GTC shall only apply when made through written request by the customer, and when explicitly accepted by the Skischool in writing.

2 Conclusion of Contract

2.1 The subject matter of the contract is the performance of services by the Skischool, in particular giving skiing and snowboarding lessons, freeriding, daily ski tours and avalanche camps. Customer’s registration for Courses – which can be submitted via telephone, e-mail, online booking formula – shall be considered accepted and binding upon Skischool’s written confirmation.

2.2 Detailed information on services provided can be found under our list of services on our website or printed catalogue.

3 Terms of Participation

3.1 Before participating in a Course, Customer must confirm that his/her physical and mental state meet the requirements as described on the website / catalogue, as well as those outline in the GTC.

3.2 Skischool is also entitled to terminate the contract in case of Course participation by Customer under the influence of alcohol or drugs. Customer must adhere to Skischool’s instructions. Should the Customer not adhere to Skischool’s instructions, Skischool is entitled to terminate the contract immediately.

3.3 Customer must be aware that all courses are conducted outdoors, and can therefore be subject to weather conditions. All courses are led by qualified guides. All equipment corresponds to current safety guidelines. Before commencement of the course, the guide will brief the customer on the dangers and risks. Regardless, due to the nature of the activity, the customer must accept that an element of risk remains.

3.4 The customer also has an obligation to clearly inform the guide should they feel overwhelmed or unable to continue participation in the course.

4 Limitation of Liability

4.1 Skischool’s liability for damages is in all cases limited to intent and blatant gross negligence. Cases of injury or damaged to supplied equipment must be reported to the Skischool immediately. Injuries or damage incurred through activities outside of the Course are not covered by the Skischool.

4.2 The Customer must ensure that they have appropriate mountain rescue insurance, should they be responsible for causing an accident in alpine terrain.

5 Briefing and Instructions

5.1 Customer is obligated to obey and follow all safety instructions as given by the guide, and actively participate in carrying out safety instructions, should it be necessary.

5.2 Should the Customer not adhere to Skischool’s instructions, Skischool is entitled to terminate the contract immediately. In such cases, the customer has no right to reimbursement. Guides also have the right to alter the course program due to unforeseen circumstances, including where he/she has deemed that the customer lacks the ability required to continue safely. In such circumstances, the Skischool also has the right to terminate the contract.

6 Course Implementation

6.1 Course durations cannot always be accurately predicted. Specified times are a guideline only. The Skischool therefore offers no guarantee for adhering to these specified times.

6.2 Should unforeseen circumstances occur and special vehicles or technical infrastructure is required to hold the course, the Skischool will do everything in its power to access the necessary equipment. However, should this not be deemed feasible or is considered financially disproportionate, the Skischool reserves the right to cancel the course, even at short notice. In such cases, the Customer is entitled to a full course refund. However, the Skischool is not liable for additional costs (e.g. damage compensation, accommodation, transportation costs etc.)

6.3 At times, access to and from the course location must be done through use of private vehicles. The Skischool is not liable for any accidents or damage that may occur, as these trips are not considered part of the course.

6.4 Should the customer fail to arrive or is not punctual, said customer is not entitled to a refund.

6.5 Customer is obligated to check the equipment provided to him/her by the Skischool. This must be done at the commencement of and throughout the course. Should the Customer notice any problems with the equipment, they must inform the guide immediately.

6.6 The Skischool reserves the right to ask another qualified party to conduct a course due to extenuating circumstances (e.g illness, reaching maximum capacity etc.)

7 Prices, Terms of Payment, Performance

7.1 All price indications in price lists comprise the respective applicable statutory VAT.

7.2 Skischool’s indications – in particular price lists on the internet, in brochures, ads and other media – are nonbinding and without engagement for Skischool. Skischool reserves their right to changes at any time.

7.3 Upon reservation or receiving confirmation of reservation, Customers are required to pay a deposit of 25% of the total course fee. For online bookings, Customers are required to provide credit card details. The remaining course fee must be paid for prior to course commencement, either via cash payment, bank card, VISA, Mastercard or American Express.

7.4 14 days free right of withdrawal (Austrian e-commerce law)

8 Description of Experience and Changes to Course Scope

The Skischool makes every effort to provide an accurate description of courses, but reserves the right to make any necessary changes.

8.1 Photos and sketches used by the Skischool are designed to give an impression only. Such materials (e.g actions, people, situations) are naturally non-binding.

8.2 Course durations given are indicative only. Courses can be held in groups, and time delays are to be expected. Waiting times can also not be predicted.

8.3 Changes to the scope of the course cannot be ruled out. However, changes will only occur when necessary. In such circumstances, Customers will be informed. Should changes drastically alter a large aspect of the course, the Customer has the right to withdraw from the course and receive a refund. However, costs for services already provided will not be reimbursed.

9 Right of Withdrawal

9.1 Should it not be possible to hold a course, or only partially hold a course due to an act of God, or the safety of the customer cannot be guaranteed, the Skischool reserves the right to offer an alternative, be it another time frame or course content. In such circumstances, both parties have the right to withdraw from the contract and the customer will receive a refund. However, costs for services already provided will not be reimbursed.

9.2 Should a withdrawal be necessary due to a Customer overestimating their abilities, said Customer does not have the right to reimbursement.

9.3 Should a customer withdraw from a contract, the following terms and conditions for reimbursement apply. For cancellations received up to 30 days before course commencement, the Skischool will withhold 25% of the course fee or a minimum of 25EUR. For cancellations made 29 days to 15 days before course commencement, the Skischool will withhold 35%. Cancellations 14 to 8 days before course commencement equals 50%. Cancellations 7 to 2 days before course commencement equals 65%. Those made 1day prior to or on the day of course commencement equals 100%.

9.4 If the minimum number of participants for a course is not reached, the Skischool reserves the right to withdraw from the contract. In such circumstances, the Customer will receive a full refund of deposit. However, the Skischool is not liable for additional costs.

9.5 The Skischool is not responsible for extenuating circumstances beyond their control, including adverse weather conditions, closed lifts or other external factors.

9.6 If a Customer fails to cancel in advance or arrive on time for a course, said Customer does not have the right to a substitute course.

10 Storage and Rental of Property

10.1 The Skischool acknowledges that the Customer is responsible for the storage and safe-keeping of their property. The Skischool does not accept any responsibility for Customer property.

10.2 The Customer is responsible for any damage incurred to equipment provided by the Skischool, except where the damage was unavoidable.

11 Pictures and Videos

11.1 Pictures and videos made during the course may be used by the Skischool for publicity and marketing purposes in any form (advertising, internet, social media etc.) The Customer also agrees that additional data can be used for publicity purposes or forwarded to a third party. The Customer understands that they will receive no benefits, particularly in the form of financial compensation, from the Skischool.

12 Modifications to GTC

12.1 Between the Parties, there are no oral supplements to this GTC. Modifications or supplements to a contract between the Parties or to the present GTC must be in writing. This requirement of written form may only be renounced by written agreement.

12.2 Any allegations relevant to a legal issue against the Skischool must be made in writing.

13 Jurisdiction and Governing Law

13.1 All contracts between the Parties based on the present GTC shall be governed by and construed in accordance with the laws of the Republic of Austria. The Austrian conflict of laws rules and the UNCITRAL shall not apply. The place of execution and payments is 6290 Mayrhofen.

13.2 Notwithstanding compulsory statutory provisions, for all disputes arising out of a contract between the Parties, exclusive jurisdiction shall be submitted to the competent courts for “Bezirksgericht Zell am Ziller”, Austria.

14 Legal Validity

14.1 If any of the provisions or the present GTC or of a contract between the Parties is determined to be illegal, invalid or otherwise unenforceable, the remaining provisions shall survive, remain in full force and effect and continue to be binding and enforceable. The invalid provision shall be replaced by a valid one, which comes closest to the intended economic purpose of the invalid or unenforceable provision.

15 External Links

15.1 External links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by the Skischool of any of the products, services or opinions of the corporation or organization or individual. The Skischool bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content. External linking to this site wanted but is only permitted to the Homepage of this website.

Mayrhofen, January 2016