Arlberg Alpin Freeride- & Outdoorcenter GmbH

AGBs

General terms and conditions

1. General

If not expressly agreed otherwise, our general terms and conditions apply to any agreement between the customer and the Alpine School/ recruitment agency/ ski school „Arlberg Alpin – Freeride-& Outdoor center GmbH“ and „Ski School Albona“. It includes services, such as apportionment of instruction in the skills and knowledge of skiing, as well as guiding and accompanying at skiing,  heli-skiing, ski tours, free riding, snowshoeing and education in avalanche and snow knowledge. Furthermore our general terms and conditions comprise services for all summer activities such as archery, climbing, via ferrata, canyoning, hiking, summit tours, diving, stand up paddling and canoe tours.

2. conclusion of a contract

Bookings for private and group courses can be conducted by telephone or via the Internet. Reservations count only after a written or oral confirmation as a firm booking. Registration deadline is at 05 p.m. on the previous eve. The registration deadline for camps is 14 days before the beginning of the respective camp. All prices stated by Arberg Alpin/ Ski School Albona are in euro. The price lists are without warranty.  No liability for printing errors.

3. terms of payment

Unless not otherwise agreed, a down payment of 30% of  the total value is to be made within 7 days, if the contract has been agreed by telephone or in writing. The final settlement is carried out after the successful performance on part of Arlberg Alpin/ Ski School Albona and is to be paid directly at the Office or at the mountain guide/ ski instructor/ hiking guide. For camps the payment of the total value is required within 7 days.

4. general conditions of participation

The contractual partner has to inform the mountain guide/ ski instructor/ hiking guide from Arlberg Alpin/ Ski School Albona about his skill and experience (especially at skiing and canyoning), as well as to independently take care to use an equipment corresponding to the state of the ski technology  and the external conditions as well as to have carried out an examination on function and security from a professional (in particular the ski bindings). The contractual partner has to enlighten the mountain guide / ski instructor/ hiking guide from Arlberg Alpin/ Ski School Albona about his physical abilities, health state and any suffering before the tour. The apportionment at group courses is done by Arlberg Alpin/ ski school Albona. If the demotion of a participant is necessary, the participant has to accept it. Otherwise Arlberg Alpin/ Ski School Albona has the right to terminate the contract. The contractual partner has to follow the instructions of the mountain guide/ ski instructor/ hiking guide. Ignoring an instruction authorizes Arlberg Alpin/ Ski School Albona to terminate the contract immediately. The participation in events of Arlberg Alpin/ ski school Albona under alcohol and drug influence authorizes Arlberg Alpin/ Ski School Albona to terminate the contract immediately. The contractual partner has in the illustrated cases of the contract termination no right for any refund of the fee.

5. liability provisions

Arlberg Alpin/ Ski School Albona act as organizer of summer activities, mountain and ski tours, as well as an intermediary of self-employed licensed mountain and ski guides, self-employed certified ski instructors and hiking guides. There is no liability at mediated tours to self-employed licensed mountain and ski guides, self-employed certified ski instructors and hiking guides, which work on their own account. These possess their own liability insurance. Arlberg Alpin/ Ski School Albona  are liable according to the legal provisions exclusively for damages, which are directly related to the activity of Arlberg Alpin/ Ski School Albona and were caused premeditated or grossly negligent.        A corresponding liability insurance exists. The instructions of our mountain guides/ ski instructors/ hiking guides have to be followed thoroughly and unconditionally. A risk of injury can´t be completely excluded despite carefully planning on our part. Each participant acknowledges, that there is always a remaining risk of an injury, for which we assume no liability.

6. defects liability

The contractual partner has to state complaints to Arlberg Alpin/ Ski School Albona immediately to provide remedy. In case of a culpable failure to report, there is no claim  to reduce the fee. Claims against Arlberg Alpin/ Ski School Albona have to be made in written form with a justification by no later than 3 weeks after the occurrence.

7. Cancellation

It applies for private courses that a cancellation without incurring of a cancellation fee is only possible until no later than 10 days before the event. From 9 days to the latest 5 p.m. of the previous day Arlberg Alpin/ Ski School Albona is authorized to charge 80% of the fee. If the cancellation occurs, nevertheless, at a later time,  Arlberg Alpin/ Ski School Albona is authorized to charge the full daily rate or the agreed rate.

A cancellation for the pre-booked camps without incurring of a cancellation fee is only possible up to 21 days until the camp. From 20 days before to no later than 14 days before Arlberg Alpin/ Ski School Albona is authorized to charge 80% of the camp fee. If a cancellation occurs from 13 days until the camp Arlberg Alpin/ Ski School Albona is authorized to charge the full camp fee. Participants that have their inability to participate in a camp confirmed by a medical certificate are excluded.

If the performance of the tour cannot be guaranteed for safety reasons due to the weather or avalanche conditions, Arlberg Alpin/ Ski School Albona reserves the right to postpone a tour, to offer alternative proposals or to cancel it. Only in the case of cancellation by Arlberg Alpin/ Ski School Albona, there is an obligation on part of Arlberg Alpin/ Ski School Albona to return the paid fee. Any further claim is not entitled to the contractual partner.

8. place of performance

Entire Arlberg ski area.

9. jurisdiction

The competent court at the place of business of Arlberg Alpin/ Ski School Albona shall decide exclusively all disputes arising under the contract.

10. governing law

The Austrian law applies. The international convention on sale of goods is excluded.

11. validity

Should individual provisions of these terms and conditions be invalid, this will not affect the validity of the remaining provisions and that of the entire legal transaction. The invalid condition is to be replaced by one, which comes economically in the closest.


Date: 27.11.2015

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