TERMS OF SERVICE
Snowboard Guiding - Austria
Brucker Bundesstrasse 47
5700 Zell am See
1 Scope of the General Terms and Conditions
1.1 For business relationships between Snowboard Guiding - Austria and the course participant (hereinafter referred to as “Customer”), the following General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively in the currently valid version. The valid version of the GTC is based on the time of the booking in question.
1.2 1.2 The subject of the contract is the provision of services, in particular guiding and accompanying on slopes and in open terrain and snowboard tours. - Work as a snowboard companion-
1.3 Provisions that differ from these GTC only apply if there is an express written agreement between Snowboard Guiding - Austria and the customer. Contradicting terms and conditions of the customer have no effect on the business relationships listed in point 1.1.
2 Conclusion of a contract
2.1 Snowboard Guiding - Austria Course registrations, which can be made by telephone, email or other means of remote communication, are deemed to have been booked as binding after written confirmation. Snowboard Guiding - Austria is not obliged to notify the customer of the rejection of course registrations. If the registration is not confirmed by Snowboard Guiding - Austria within a reasonable period, the customer's offer is in any case deemed not to have been accepted.
2.2 If the customer wishes that Snowboard Guiding - Austria begins with the fulfillment of the contract before the expiry of the cancellation period, Snowboardguiding - Austria must ask the customer to expressly declare a request for this early fulfillment of the contract.
3 right of withdrawal for consumers (does not apply to entrepreneurs)
3.1 A customer who is a consumer within the meaning of the Consumer Protection Act 1979 has the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
3.2 The withdrawal period begins on the day the contract is concluded.
3.3 In order to exercise his right of withdrawal, the customer must inform Snowboard Guiding - Austria by means of a clear declaration (e.g. a letter sent by post or email) of his decision to withdraw from this contract.
3.4 To meet the cancellation deadline, it is sufficient for the customer to send the declaration of cancellation within the 14-day period.
3.5 If the customer cancels this contract, Snowboard Guiding - Austria has to reimburse all payments made by the customer immediately, but no later than 14 days after receipt of the declaration of cancellation. Snowboard Guiding - Austria must use the same means of payment for the repayment that the customer used to process his payment. The use of another means of payment is permitted if this has been expressly agreed with the customer and the customer does not incur any costs.
3.6 If the customer cancels this contract after declaring a request in accordance with point 2.2 and Snowboard Guiding - Austria has started to fulfill the contract, then he has to pay Snowboard Guiding - Austria a proportionate amount. In comparison to the contractually agreed total price, this amount corresponds proportionally to the services provided by Snowboard Guiding - Austria up to the withdrawal.
3.7 The right of withdrawal does not apply if Snowboard Guiding - Austria, on the basis of an express request by the customer in accordance with point 2.2 as well as a confirmation by the customer of his knowledge of the loss of the right of withdrawal upon complete fulfillment of the contract, has started to perform the service before the withdrawal period has expired and the service has then been fully provided.
4 Prices, terms of payment, performance
4.1 All information - in particular price lists from Snowboard Guiding - Austria on the Internet, in brochures, advertisements or other information carriers - are non-binding for Snowboard Guiding - Austria. Snowboard Guiding - Austria reserves the right to make changes at any time.
4.2 All prices in price lists are gross, invoices are issued VAT-free in accordance with Section 6 (1) Z27 UstG 1994.
4.3 The course fee is due upon conclusion of the contract. In the case of online bookings, the course fee can only be paid by bank transfer. If the technical requirements are met by Snowboard Guiding - Austria, payment is also possible by PayPal, credit card (Mastercard and Visa) or EC card. All expenses - in particular bank charges - in connection with the payment of the course booked with Snowboard Guiding - Austria are borne exclusively by the customer. The customer has no right to offset against claims of Snowboard Guiding - Austria, unless the claim has been legally established or expressly recognized.
4.4 Default in payment occurs without further notice from Snowboard Guiding - Austria. In the event that the customer defaults on a payment, Snowboard Guiding - Austria is entitled to charge the customer the statutory default interest and all additional costs and expenses, in particular collection or lawyer costs. In the case of outstanding claims, Snowboard Guiding - Austria can set off payments made by the customer against the customer's outstanding claims, regardless of any dedication. In the event of non-payment of a claim, all other claims against the customer are due immediately.
4.5 If Snowboard Guiding - Austria declares its withdrawal from the contract, the course must be interrupted or canceled immediately. The customer has to reimburse Snowboard Guiding - Austria for all expenses in this context.
4.6 The place of fulfillment for all obligations to be fulfilled by Snowboard Guiding - Austria as well as the customer is A-5700 Zell am See / Austria.
4.7 Snowboard Guiding - Austria assumes no liability whatsoever for keeping course dates.
5 Warranty and Limitation of Liability
5.1 The statutory warranty provisions of the Austrian General Civil Code (ABGB) apply. The period begins to run at the point in time at which the customer becomes aware of the defect. The customer must notify Snowboard Guiding - Austria in writing of the defect recognized after a serious inspection immediately, but at the latest within 7 (seven) days. In any case, defects for which the customer fails to make a complaint are excluded from the guarantee. With the exception of the first sentence, this provision does not apply to customers who are consumers within the meaning of the Consumer Protection Act 1979.
5.2 In the event of a warranty, the customer is not entitled to any compensation against Snowboardguiding - Austria. According to the statutory provisions, Snowboard Guiding - Austria is only liable for damage that is directly related to the activities of Snowboard Guiding - Austria and that was caused intentionally or through gross negligence.
6 Conditions of Participation
6.1 The customer has to inform Snowboard Guiding - Austria truthfully and comprehensively about his skills and experience in snowboarding and to independently ensure that the equipment is appropriate to the state of snowboarding technology and the external conditions.
6.2 The customer is obliged to inform Snowboard Guiding - Austria about any health problems. (e.g. diabetes, asthma, epilepsy, unstable joints - knee hip ankle)
6.3 Before the start of the lesson, the customer must have his equipment checked by a specialist company.
6.4 Instructions from Snowboard Guiding - Austria must be followed by the customer. Disregard of instructions and warnings entitle Snowboard Guiding - Austria to terminate the contract immediately. This also applies if customers behave improperly, especially towards other course participants.
6.5 Snowboard Guiding - Austria is also entitled to withdraw from the contract if the customer participates in tours of Snowboard Guiding - Austria under the influence of alcohol, drugs or medication.
7.1 Snowboard Guiding - Austria expressly declares that it will not pass on any personal data from customers to third parties unless this is necessary for the execution of the contract. An exception to this is the necessary transfer of data to a debt collection agency or a lawyer.
7.2 Snowboard Guiding - Austria is not liable for the content of transmitted data.
8 Other provisions
8.1 Oral side agreements to these terms and conditions do not exist. Additional agreements of whatever kind, changes or additions must be made in writing to be effective. This also applies to the departure from this written form requirement.
8.2 The applicability of substantive Austrian law applies to all disputes arising from legal transactions on which these terms and conditions are based.
8.3 Without prejudice to mandatory legal provisions, the court responsible for 5700 Zell am See is deemed to be the exclusively agreed place of jurisdiction for all legal disputes between Snowboard Guiding - Austria and the customer.
8.4 If one or more of the provisions of these terms and conditions is / are void, those legally effective provisions that come closest to the economic purpose of the ineffective provision are expressly agreed between Snowboard Guiding - Austria and the customer. The validity of the remaining provisions is not affected by a void provision.
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