1. General and scope of these GTC:
Unless expressly agreed otherwise in writing, these General Terms and Conditions of Business (hereinafter: GTC), as amended from time to time, shall apply exclusively to all legal transactions, contractual relationships and legal relations concluded or established between the Wintersportschule Stodertal GmbH - Ski & Snowboard School Hinterstoder (hereinafter: WSS) and its contractual partner (hereinafter: Customer). Contradictory terms and conditions of the Customer shall not have any effect on the legal relationship with the Ski & Snowboard School WSS.
The object of the WSS is the operation of snow sports schools within the meaning of the Upper Austria Ski and Snowboard School Act. These GTC apply in this context to all services provided or arranged by the Ski & Snowboard School WSS vis-à-vis the customer and/or vis-à-vis persons for whom the customer has entered into a legal relationship with the Ski & Snowboard School WSS (associated persons insofar as provisions in these GTC also apply to them hereinafter: customer or course participant).
Services in the area 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 guarantee of a specific training success) as well as in the skills and knowledge of guiding and accompanying snow sports, including skiing and snowboarding, but also cross-country skiing and snowshoe hiking, etc.
- the provision or procurement of skiing or snowboarding equipment (snow sports equipment) by the Ski & Snowboard School WSS at the request of the customer within the framework of or to enable the lessons (skiing or snowboarding rental or rental of all or part of the skiing or snowboarding equipment, in short: rental or rental services), whereby the Ski & Snowboard School WSS is entitled to use subcontractors (skiing or snowboarding rental companies) for the provision or procurement of snow sports equipment,
- the related activities such as any childcare services and related services (e.g. catering for children).
2. Offers of the Ski & Snowboard School WSS, bookings or offer of the customer, conclusion of contract, price quotations:
2.1. All offers of the Ski & Snowboard School WSS are always subject to change.
2.2. Bookings for individual and group courses as well as for rental can be made by the customer in person on site, but also via the Internet. Bookings or declarations made by the customer to an employee of the Ski & Snowboard School WSS do not constitute an obligation for the Ski & Snowboard School WSS to conclude a contract, but represent a binding offer by the customer that can be accepted by the Ski & Snowboard School WSS.
The Ski & Snowboard School WSS is not obliged to notify the customer of a non-acceptance of the offer or a rejection of online bookings. If the customer’s offer is not confirmed within a period of two weeks from receipt, the customer’s offer shall in any case be deemed not to have been accepted.
The written booking confirmation or the payment voucher handed over or the course card of the Ski & Snowboard School WSS shall be exclusively decisive for the scope of the contractual performance. Verbal or telephone subsidiary agreements are only valid if expressly confirmed in writing by the Ski & Snowboard School WSS.
On reservation of a ski or snowboard teacher for private lessons there is always the whole amount of the ordered days/hours to be paid before the lessons start.Reduction cause of weather conditions (raining, snowing or wind blowing) or “not wanting” anymore is not accepted and will not be refounded. Only with a medical certificate it is possible to cancel the lessons for the following days, the current day needs to be paid by 90%
2.3. The conclusion of a contract between the Ski & Snowboard School WSS and the customer is possible both electronically (submission of an offer by the customer via the online form and subsequent acceptance of the contract by the Ski & Snowboard School WSS in the form of a written booking confirmation) and in the business premises of the Ski & Snowboard School WSS (conclusion of the contract by handing over a payment receipt to the customer).
A contractual relationship between the Ski & Snowboard School WSS and the customer only comes into being through the transmission of the booking confirmation or the handing over of the payment voucher.
The booking confirmation and/or the payment receipt serve as proof of the use of the booked service and are to be presented by the customer to the respective course instructor at the start of the course. On loosing or forgetting the ski course ticket or snowboard course ticket the guest has the possibility to buy a duplicate in worth of 20€ per ticket.
The Ski & Snowboard School WSS offers services that are provided in connection with leisure activities and for which a specific time or period is contractually stipulated. There is therefore no right of withdrawal when concluding a contract by telephone, internet or e-mail.
2.4. All information on prices in price lists of the Ski & Snowboard School WSS, price lists on the Internet, in brochures, advertisements or other information media or online price enquiries are without guarantee and are non-binding for the Ski & Snowboard School WSS. No liability is accepted for any printing errors. The Ski & Snowboard School WSS reserves the right to make changes at any time.
2.5. All prices quoted by the Ski & Snowboard School WSS are in EURO (€) and include any statutory VAT, unless otherwise agreed.
3. Terms of payment:
3.1. Costs for lift tickets (ski tickets) or for ski equipment (rental) are not included in the course costs. Those must be purchased by the client on their own expense and brought along.
If the Ski & Snowboard School WSS offers the rental of snow sports equipment, an additional fee will be charged for this.
3.2. The claim for payment of the Ski & Snowboard School WSS against the customer arises with the conclusion of the contract. Payment of the contractual fee is due at this time.
3.3. In all cases, the course fees and costs of additional services (e.g. rental), 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 & Snowboard School WSS, otherwise the customer is not entitled to use the services of the Ski & Snowboard School WSS.
In all cases, the course card (voucher) will only be issued after full payment has been received by the Ski & Snowboard School WSS. Participation in course lessons is not possible without a course ticket. On loosing or forgetting the ski course ticket or snowboard course ticket the guest has the possibility to buy a duplicate in worth of 20€ per ticket.
3.4. If no other written agreements have been made, a deposit of at least 50% of the invoice amount must be paid by the customer immediately after receipt of the written order confirmation for contracts concluded via the Internet, e-mail or other means of remote communication and which concern individual and group courses as well as rental services.
This deposit must be received in the account of the Ski & Snowboard School WSS three working days before the start of the service provision.
The remaining amount must be paid and received by the Ski & Snowboard School WSS in any case before the start of the service provision and therefore before the start of the course.
For contracts concluded at the place of performance, the fee for the service to be provided must be paid in full before the start of the course at the office of the Ski & Snowboard School WSS in cash or using customary electronic means of payment.
If expressly agreed in writing with the Ski & Snowboard School WSS in individual cases, the total amount of the course fees may also be paid in cash directly to the ski instructor or to a person authorised by the Ski & Snowboard School WSS to receive the course fees immediately before the start of the service.
3.5. All expenses – in particular bank charges – in connection with the payment of services booked with the Ski & Snowboard School WSS shall be borne exclusively by the customer.
3.6. In the event of late payment, the Ski & Snowboard School WSS is entitled to charge the customer the statutory interest on arrears and all additional costs and expenses incurred, in particular collection or legal fees. In the case of outstanding claims, the Ski & Snowboard School WSS may set off payments made by the customer against the customer’s outstanding claims at will, irrespective of any dedication by the customer. In the event of non-payment of a claim, all other claims against the customer are also due immediately.
4. Online Online payment and fees::
All services provided by the Ski & Snowboard School WSS based on online enquiries and orders using the Internet or other online services are also subject to these GTC.
4.1. Content of the online offer:
The Ski & Snowboard School WSS (hereinafter referred to as the “Author”) accepts no responsibility for the topicality, correctness, completeness or quality of the information provided.
Liability claims against the author, which refer to any kind of material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are excluded as a matter of principle, insofar as no demonstrably serious fault exists on the part of the author.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the website or the entire offer without prior notice or to discontinue the publication temporarily or permanently.
4.2. Online payment and fees:
We take security very seriously. Through rigorous security checks, protected data storage and by adhering to all available guidelines, we can guarantee the security, stability and reliability of our payment platform.
Credit card payments in favor of the ski school are collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT.Please send an e-mail to support@payyo.ch for all inquiries regarding your credit card payments and chargebacks.
4.3. References (“Links”):
In the case of direct or indirect references to recognisably external Internet pages (“links”, “hyperlinks”, “deep links”), which lie outside the author’s area of responsibility, the author shall in principle not be liable in any way, unless, he has demonstrably become aware of illegal contents of the respective Internet pages or copyright infringements prior to the respective linking and has grossly culpably omitted to prevent or prohibit the use by third parties in the case of illegal contents after actual knowledge has been gained, provided that this would have been technically possible and reasonable for him.
The author hereby expressly declares that at the time the links were created, no illegal content was recognisable or known on the linked websites. The author has no influence whatsoever on the current and future design, content or authorship of the linked or referenced websites. The author hereby expressly dissociates himself from all contents of all linked or connected Internet pages that have been changed after the link or connection was made. This applies to all links and references set within the author’s own website as well as to all third-party entries in guest books, discussion forums, mailing lists, etc. set up by the author.
For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the website to which reference was made shall be solely liable, but not the party who merely refers to the respective publication via links.
4.4. Copyright and trademark law:
The author endeavours 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 created by himself or to use licence-free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned on the website and, if applicable, protected by third parties, are subject without restriction to the provisions of the applicable brand name and trademark law, the other relevant legal standards and the ownership rights of the respective registered owners.
The mere mention of a trademark does not imply that it is 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 Internet pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.
4.5. Photographs, consent and right of withdrawal of the customer:
By accepting these GTC, the customer grants the Ski & Snowboard School WSS (author) the express consent and agreement to the taking of photographs in the context of the provision of services and the publication of these photographs on the website or the Facebook page (or in the social media channel) of the Ski & Snowboard School WSS.
No rights whatsoever can be derived from this on the part of the customer and this is expressly waived by acceptance of these GTC.
The customer can revoke the consent and agreement to the publication of photographs showing him or his child on the website or the Facebook page (or in the social media channel) of the Ski & Snowboard School WSS in writing to the author at any time, stating the specific photograph.
5. Withdrawal / Cancellation Conditions
5.1. You can withdraw from the contract at any time before the performance of the booked service without giving any reasons.
In your interest, we ask you to declare your withdrawal in writing. The receipt of the withdrawal letter by the Ski & Snowboard School WSS is decisive for the observance of the deadline, whereby transmission errors and the like are at the expense of the customer.
5.2. Up to 48 hours before the start of the course (1st day of the course) a cancellation fee of 5% of the course price applies for ONLINE BOOKINGS.
If the cancellation is made at a later time, the Ski & Snowboard School WSS is entitled to charge 100% of the booked service.
5.3. For group courses (the client has booked a group course; not meant are bookings for groups of people), a refund is only possible in case of accident or illness upon immediate presentation of a medical certificate from a local doctor.
The amount to be refunded will be recalculated on the basis of the services actually provided for that period. The total amount will be reduced, but the daily rates may increase.
5.4. In all other cases, the customer is not entitled to withdraw without the express written consent of the ski school WSS and must pay the full fee.
In the event of non-appearance or late appearance at the agreed course date or withdrawal during an ongoing service, no refund will be made.
5.5. The Ski & Snowboard School WSS 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 disobeys the instructions of the ski school, the instructors or the supervisors. The customer is not entitled to any claims in the event of such a termination of the contract. In particular, he/she is also obliged to pay the full fee.
5.6. All courses booked ONLINE can be cancelled free of charge due to a COVID-19 illness, a travel warning, quarantine, etc., upon presentation of a medical certificate.
In case of a free cancellation, a handling fee of up to 5% may be charged depending on the payment method.
Otherwise, the cancellation conditions according to our General Terms and Conditions apply.
6. Impossibility of performance
6.1. If it is not possible to provide the service for safety reasons (e.g. weather conditions, avalanche danger, etc.), the Ski & Snowboard School WSS is not obliged to provide the service.
It is solely at the reasonable discretion of the Ski & Snowboard School WSS to assess the impossibility of providing the service, whereby a partial impossibility – e.g. no skiing lessons are possible on three out of five days – does not affect the provision of the possible part of the service.
In the event of the (partial or complete) inability to provide services, the Ski & Snowboard School WSS will not issue pro-rata fee or a credit note. The WSS Ski & Snowboard School allows shorter ski and snowboard course participants to use the lost day later during the week. If the lost day is a Friday, or the last day of the current running course, then it is not possible to make it on Saturday. Lost private lessons we also try to postpone as good as possible, as long as it is possible from both sides. The customer is not entitled to any claims beyond this. Every customer should inform themselves about the course duration, number of private days, body condition, weather conditions, other influences, etc. Nobody is obliged to book a whole week.
6.2. Force majeure or other unforeseeable and unavoidable events shall release the Ski & Snowboard School WSS from its performance obligations if these are affected by them.
In the event of the (partial or total) impossibility of performance, the Ski & Snowboard School WSS 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 respect. The customer shall not be entitled to any further claim. A possible right of withdrawal according to § 10 para. 2 Package Travel Act remains unaffected.
6.3. In the event of epidemics, pandemics and related official measures such as closures of the Ski & Snowboard School, the special provisions listed below apply in connection with COVID-19 (SARS-CoV-2 virus or CORONA virus).
7. General conditions of participation:
7.1. Participation, meeting place:
The customer’s participation in the lessons of the Ski & Snowboard School WSS is only possible with a valid course ticket. In order to provide the service, the customer must be present at the meeting point of the Ski & Snowboard School WSS or at another location in the ski school area announced by the Ski & Snowboard School WSS in good time before the start of the course. The Ski & Snowboard School WSS 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 WSS.
7.2 Obligations of the customer:
The customer must inform the Ski & Snowboard School WSS truthfully and comprehensively about his or her abilities and experience in the respective snow sport booked at the start of the course.
He/she must inform the Ski & Snowboard School WSS about his/her state of health and any ailments which may impair the practice of snow sports or which may become acute during the practice of this sport.
Furthermore, the customer undertakes not to participate in lessons in the event of feverish infections, contagious diseases and illnesses accompanied by diarrhoea and vomiting.
In particular, if COVID-19 symptoms occur (fever, dry cough, tiredness, breathing difficulties, etc.), the customer undertakes to refrain from participating in the lessons.
If the customer has booked a group course, he/she can make use of the right of withdrawal provided for this purpose upon presentation of a medical certificate.
The client is responsible for ensuring that he/she has the appropriate equipment for the current state of snow sports technology and that it is suitable for the external conditions. If the customer uses his/her own snow sports equipment, the customer must arrange for the appropriate technical inspection of the snow sports equipment and the binding (in particular: ski or snowboard binding) by a specialist company before the start of the lesson. The Ski & Snowboard School WSS may prohibit the customer from participating in the course with technical equipment that endangers safety or is defective until the customer has arranged for the defect to be rectified, without the customer being entitled to a reduction in the fee for missed lessons.
The grouping and classification of the customer is carried out by the Ski & Snowboard School WSS according to the customer’s ability – should a downgrading of the customer be necessary, the customer must comply with this decision. Otherwise, the Ski & Snowboard School WSS is entitled to terminate the contract immediately without the customer who has acted in breach of contract being entitled to claim back the payment made.
The customer must strictly and accurately follow and comply with instructions given by the Ski & Snowboard School WSS. Failure to comply with instructions and warnings shall entitle the Ski & Snowboard School WSS to terminate the contract immediately. This also applies if the customer displays improper behaviour, in particular towards other customers or course participants. In all these cases, the customer has no right to a refund of the fee paid.
If the number of group members for group courses is reduced to less than 5 (five) persons, the Ski & Snowboard School WSS reserves the right to combine groups or to reduce the number of lessons accordingly.
8. Complaints:
Any complaints and grievances are to be made known by the customer to the respective office of the Ski & Snowboard School WSS immediately on site in order to enable a quick remedy and to continue the provision of the service.
If the customer does not exercise his/her right to complain immediately, in any case not by the end of the service provision, any claims for reduction of the fee can no longer be considered.
Other claims against the Ski & Snowboard School WSS must be asserted and substantiated in writing no later than four weeks after the cause of the claim has arisen or become known.
9. Liability-relevant notes and recommendations, limitations of liability:
9.1. It is expressly stated that the practice of snow sports is associated with numerous risks and, in particular during tours or descents in open terrain, there is an increased risk of injury or even death, in particular also due to avalanches, which cannot be completely excluded.
The client acknowledges that a rescue from slopes or in open terrain is often associated with high costs. The customer is therefore advised to take out appropriate insurance because the Ski & Snowboard School WSS is not liable for rescue and air rescue costs unless these rescue and/or air rescue costs were caused by the Ski & Snowboard School WSS or a person attributable to it through intentional or grossly negligent behaviour.
The customer of the Ski & Snowboard School WSS and all course participants are strongly recommended to take out health, accident, liability and foreign health insurance.
9.2. The Ski & Snowboard School WSS is liable in accordance with the statutory provisions exclusively for damage and consequential damage resulting from conduct causing damage concerning the main obligations arising from the concluded contract and which was caused intentionally or by gross negligence by it or persons attributable to it, whereby the exclusion of liability applies to contractual and tortious claims for damages of any kind, but not to personal injury. Corresponding liability insurances on the part of the Ski & Snowboard School WSS exist.
The Ski & Snowboard School WSS shall not be liable under any circumstances if the customer injures himself physically, suffers damage or causes damage of any kind in disregard of the Ski & Snowboard School’s WSS instructions, in disregard of the FIS slope rules, other statutory orders or provisions of these GTC.
If the customer suffers damage attributable to snow sports equipment arranged for the customer, the customer shall indemnify and hold the Ski & Snowboard School WSS harmless accordingly.
The Ski & Snowboard School WSS accepts no liability for damage caused by the customer to himself/herself or to other persons during the performance of the agreed service through no fault of the Ski & Snowboard School WSS. The same applies to corresponding damage caused to him/her by third parties.
The respective Ski & Snowboard School WSS shall not be liable under any circumstances for damage of any kind incurred by the customer as a result of a non-professional or inadequately performed inspection, adjustment or maintenance of his equipment. Each customer is responsible for the technical safety and faultlessness of their own equipment and must pay for any resulting damage themselves.
Irrespective of fault, the Ski & Snowboard School WSS is not liable for loss of profit, pure financial losses and consequential losses, insofar as these exceed 3 times the service fee.
Insofar as the customer of the Ski & Snowboard School WSS is an entrepreneur (e.g. travel agency or tour operator), the limitation period for asserting claims for compensation against the Ski & Snowboard School WSS is six months from knowledge of the damage.
The Ski & Snowboard School WSS does not provide compensation for lesson times lost due to failures of the cable car and lift systems.
In connection with the courses offered, the Ski & Snowboard School WSS does not guarantee the success of the training of the customer or course participant.
10. Physical safety, compliance with FIS slope rules:
10.1. The customer or course participant is expressly advised that according to § 3c Upper Austria Sports Act 1988, LGBI. No. 98/1987 as amended, children and young people up to the age of 15 are obliged to use a ski or snowboard helmet in accordance with ÖNORM EN 1077:2007 when practising alpine skiing and snowboarding.
The customer is also advised that failure to wear 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 advised to wear or, in the case of avalanche equipment, to carry a crash helmet and other safety equipment recommended for the service booked in each case (e.g. avalanche transceiver for trips in open terrain). Crash helmets and safety equipment generally reduce the risk of injury.
10.2. In addition, the customer or course participant must obtain 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 client or course participant:
The customer is generally aware of the occurrence of the worldwide Covid 19 pandemic and any resulting restrictions.
In this context, the customer is obliged to be aware of any existing restrictions, rules of conduct and recommendations for action relating to the region in which the Ski & Snowboard School WSS is located. This also includes the applicable COVID 19 regulations for accommodation and cable car operations.
The customer is aware that rules of conduct to be observed by him/her on his/her own responsibility, such as regular hand washing with soap and water and other hygiene measures, keeping a distance, at most wearing a mouth/nose protection where keeping a distance is not possible or even prescribed, coughing and sneezing into a paper handkerchief or the crook of the elbow and refraining from greetings with physical contact can serve to prevent further spread of the virus by him/her.
The customer shall comply with all relevant instructions of the Ski & Snowboard School WSS or the ski rental company which serve the health safety of the contracting parties. These instructions concern the premises of the Ski & Snowboard School WSS, the meeting point or assembly point and all locations visited during the lessons.
The customer also undertakes to observe and comply with corresponding instructions and rules of conduct communicated by third parties, such as lift or cable car operators, accommodation establishments, catering establishments or other establishments, which the customer makes use of in connection with the use of the services of the Ski & Snowboard School WSS.
The customer declares that he/she has not had any symptoms of illness typical for COVID-19 in the 14 days prior to the first participation in the lessons. He also declares that, to the best of his knowledge, he has had no contact with persons infected with COVID-19.
The client declares that in the event of symptoms of illness such as a dry cough, shortness of breath, loss of sense of taste or smell, sore throat or fever occurring before the start of a lesson, he/she will stay away from the lesson and contact the telephone health advice line (hotline) for further clarification. This also applies if the client fears that he/she has COVID-19 or an illness that has not yet been medically clarified.
Should relevant symptoms or the fear of being ill with COVID-19 occur during the lesson, the client will immediately inform the Ski & Snowboard School WSS so that the client can be isolated from other persons immediately.
The customer acknowledges that the occurrence of a COVID-19 infection or evidence of an infection even in only one other customer of the Ski & Snowboard School WSS may result in the fulfilment of the contractual service by the Ski & Snowboard School WSS having to be terminated and all customers participating in the lessons subsequently having to be quarantined or undergo COVID-19 testing at the customer’s own expense.
The customer acknowledges and agrees that his/her personal data will be used for the purpose of contact-tracing by the Ski & Snowboard School WSS in connection with COVID-19.
11.2. Special provisions for contractual relationships:
The performance of services is possible for the Ski & Snowboard School WSS:
If it is possible for the Ski & Snowboard School WSS to fulfil the contract and the customer does not take part in the lessons, the provisions set out under “Cancellation conditions” above shall apply mutatis mutandis.
This also applies if the customer cancels or has to cancel his participation in the lessons due to a COVID-19 infection proven or feared by the customer before or during the fulfilment of the contract by the Ski & Snowboard School WSS.
The performance of the Ski & Snowboard School WSS is possible in any case as long as the use of slope areas in the skiing area in which the Ski & Snowboard School WSS is located is not completely prohibited or the cable car or lift operation is not completely suspended,
The closure of any accommodation used by the customer, closures of third party establishments or the occurrence of infections among third parties in the town or region of the Ski & Snowboard School’s WSS branch does not make it impossible for the Ski & Snowboard School WSS to provide its services.
The same applies to all possible obligations to leave the country or recommendations to leave the country that may affect the customer due to corresponding travel warnings or recalls by states for their own citizens, if these were foreseeable or must have been foreseeable for the customer due to the information obligations that affect him.
It is not possible for the Ski & Snowboard School WSS to provide the service in full or in part:
In the following cases, the Ski & Snowboard School’s WSS corresponding obligation to perform for the contractual period shall lapse in whole or in part and the customer shall receive a voucher redeemable at a later date for a corresponding later lesson period, unless the customer requests in writing the corresponding refund of a fee already paid by him/her:
- official closure of operations or generally applicable closures of operations if the operation of the Ski & Snowboard School WSS is also affected by this,
- official cessation of operation of all lift and cable car operations if the operation is absolutely necessary for the fulfilment of services by the Ski & Snowboard School WSS,
- officially ordered quarantine for the entire town or region where the branch of the Ski & Snowboard School WSS is located, or
- a mandatory sovereign obligation on the customer to leave the country, if the customer could not have expected this.
The obligation of the Ski & Snowboard School WSS to provide services shall also not apply if ski or snowboard instructor accommodation used by ski or snowboard instructors of the respective Ski & Snowboard School WSS is affected by official closures or other health precautions such as quarantine measures or ordered segregation due to one or more COVID-19 infections occurring or feared there, among ski or snowboard instructors or third parties, and at least 10% of the number of instructors of the Ski & Snowboard School WSS is lost as a result. The Ski & Snowboard School WSS is in particular not obliged to buy in teaching services.
11.3. Special liability provisions:
The Ski & Snowboard School WSS accepts no liability whatsoever for all damages and consequential damages 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 if an infection should have originated from the Ski & Snowboard School WSS despite compliance with the appropriate precautions.
If the provision of services is not possible for the Ski & Snowboard School WSS in whole or in part for one or more of the reasons listed above, liability on the part of the Ski & Snowboard School WSS for all damages and consequential damages or other disadvantages that may occur on the part of the customer (e.g. (e.g. loss of holiday enjoyment, any frustrated expenditure, any costs in connection with arrival and departure, any costs and disadvantages of any kind in connection with a voluntary or compulsory early termination of the stay or a related early departure, deposits not received back from accommodation providers or from third party providers or cancellation costs to be paid, any costs in connection with forfeited lift tickets, costs for COVID 19 tests or other health-related measures, all conceivable additional disadvantages of any kind, etc.). ), shall be excluded in any case.
If the provision of services is possible for the Ski & Snowboard School WSS in whole or in part (cf. corresponding provisions above) and the customer has to cancel the lessons due to a COVID-19 infection proven or feared at the customer before or during the fulfilment of the contract by the Ski & Snowboard School WSS, point 5. cancellation conditions applies.
11.4.
The Ski & Snowboard School WSS reserves the right to take fever measurements on any client before the start of any course or at the start of any course day. In the event of increased temperature, fever or other clear signs of contagious diseases such as COVID-19, the Ski & Snowboard School WSS may, at its own discretion, exclude the customer from lessons.
In such cases, the customer is entitled, at his/her discretion, either to a pro rata refund of any fee already paid or to the issue of a corresponding credit note.
12. Place of performance, place of jurisdiction, choice of law, contractual language, other provisions:
12.1. The place of performance for all obligations to be fulfilled by both the Ski & Snowboard School WSS and the customer is the location of the Ski & Snowboard School’s WSS central branch.
12.2. If the customer is an entrepreneur or consumer domiciled 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), the factually and locally competent court at the headquarters of the Ski & Snowboard School WSS is agreed as the exclusively competent court for all legal disputes arising from or in connection with these GTC and/or contracts between the Ski & Snowboard School WSS and the customer concerning the provision of services by the Ski & Snowboard School WSS.
If the customer is a consumer domiciled within the EU or within the area of application of the Lugano Convention, the statutory provisions on jurisdiction shall apply.
12.3. Austrian law shall apply to the exclusion of Austrian international private law.
12.4. The contractual language is German.
12.5. Should individual or several provisions of these GTC be or become invalid, such legally valid provisions shall be expressly agreed between the Ski & Snowboard School WSS and the customer as come closest to the economic purpose of the invalid provision. The validity of the remaining provisions shall not be affected thereby.
12.6. There are no verbal ancillary agreements to these GTC. Ancillary agreements of any kind, amendments or supplements must be in writing in order to be effective. This shall also apply to any waiver of this written form requirement.
12.7. All rights and obligations arising from these GTC shall pass to any legal successors of the Ski & Snowboard School WSS.
13. Data protection:
The Wintersportschule Stodertal GmbH is committed to comprehensive data protection and only processes the customer’s personal data in a lawful manner. More detailed information on the use of personal data can be found on the website. At the customer’s request, the Ski School WSS will also provide this information on paper.
These general terms and conditions apply to the ski & snowboard schools operating in the Upper Austria.