TERMS AND CONDITIONS
White Sessions, Tiroler Snowboardschule Bart Eykmans
Tel: +43 644 651 4038
1 Scope of Application
1.1 In business relations between White Sessions,Tiroler Snowboardschule Bart Eykmans (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.
1.2 The subject matter of the contract is the performance of services, in particular giving skiing lessons and guiding offpiste ski tours (hereinafter: Courses) in terms of Tiroler Schischulgesetz (Tirolean Ski School Code).
1.3 Customer’s own conflicting or complementary terms and conditions as well as other deviating provisions shall only apply to the business relations specified in point 1.1 when explicitly accepted by Skischool in writing.
2 Conclusion of Contract
2.1 Customer’s registration for Courses – which can be submitted via telephone, e-mail, facsimile or other means of remote communication – shall be considered accepted and binding upon Skischool’s written confirmation. Skischool is not obliged to notify the rejection of a Course registration to the Customer. Should Skischool not confirm Customer’s registration within a reasonable period, Customer’s registration shall be considered rejected.
2.2 Should Customer want Skischool to commence their contractual performance before the end of the withdrawal period according to point 3.2, Skischool shall require Customer to explicitly declare such request for premature contractual performance.
3 Right of Withdrawal
3.1 If Customer is a consumer according to the Austrian Consumer Protection Act (Konsumentenschutzgesetz 1979), he/she has the right to withdraw from any contract within 14 (fourteen) days without giving any reason.
3.2 The withdrawal period will expire after 14 (fourteen) days from the day of the conclusion of the contract.
3.3 To exercise his/her right of withdrawal, Customer must inform Skischool (contact details: see top of this GTC) of his/her decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, facsimile or e-mail). Customer may use the attached model withdrawal form, but it is not obligatory.
3.4 To meet the withdrawal deadline, it is sufficient for Customer to send his/her communication concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.
3.5 If Customer withdraws from a contract, Skischool shall reimburse to Customer all payments received from Customer without undue delay and in any event not later than 14 (fourteen) days from the day on which Skischool are informed about Customer’s decision to withdraw from a contract. Skischool shall carry out such reimbursement using the same means of payment as Customer used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, Customer will not incur any fees as a result of such reimbursement.
3.6 If Customer requested, pursuant to point 2.2, to begin the performance of services during the withdrawal period, Customer shall pay to Skischool an amount which is in proportion to what has been provided until Customer has communicated to Skischool his/her withdrawal from this contract, in comparison with the full coverage of the contract.
3.7 The right of withdrawal shall also expire when Skischool – upon Customer’s request pursuant to point 2.2 and Customer’s confirmation of awareness of the loss of his/her right of withdrawal in case of completion of performance – commence and complete their performance before the end of the withdrawal period.
4 Prices, Terms of Payment, Performance
4.1 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.
4.2 All price indications in price lists are given in Euro, invoices will be VAT-free in accordance with § 6 /1 /27 UstG 1994.
4.3 Course fees shall become due at the time of the conclusion of the contract. In case of online reservations, payment must be effected via bank transfer. Payments to your instructor have to be made in cash. All charges – in particular bank charges – in connection with the payment of Courses shall be borne by Customer. Customer is not entitled to offset Skischool’s claims against counterclaims, unless the latter have been expressly admitted by Skischool in writing or established by court.
4.4 At the end of the payment period, Customer shall default on payment without further notice by Skischool. In this case, Skischool is entitled to demand payment of statutory interest as well as reimbursement of all additional costs and fees from Customer, in particular collection and lawyer’s fees. In case of unsettled claims, Skischool may allocate Customer’s payments – independent of possible indications by Customer – to any of the unsettled claims. In case of default of payment of one claim, all other claims against Customer shall become due immediately.
4.5 Should Skischool withdraw from the contract, the Course must be immediately aborted or revoked. Customer shall reimburse Skischool for all consequential expenses.
4.6 For all contractual obligations of Skischool and Customer, the place of performance shall be Kitzbühel, Austria.
4.7 Skischool does not assume any liability for the observance of anticipated Course dates.
5 Warranty and Limitation of Liability
5.1 The warranty provisions of the Austrian Civil Code (ABGB) shall apply. The warranty period starts at the time of detection of the defect by the Customer. After the detection of a defect, Customer must notify Skischool of such defect within 7 (seven) days in writing. Defects which have not been duly notified shall be exempted from warranty. This provision – save the first sentence –shall not apply if Customer is a consumer according to the Austrian Consumer Protection Act (Konsumentenschutzgesetz 1979).
5.2 Skischool’s liability for damages is in all cases limited to intent and blatant gross negligence. In cases of slight and gross negligence, Skischool are only liable for personal injuries.
5.3 Point 5.2 shall not apply in case of consumer contracts. In case of consumer contracts, Skischool are only liable for slight and gross negligence, except for cases of personal injury.
5.4 Points 5.2 and 5.3 shall also apply in cases of liability for vicarious agents pursuant to § 1313a of the Austrian Civil Code (ABGB) or similar provisions.
6 Terms of Participation
6.1 Before participating in a Course, Customer must truly and comprehensively inform Skischool about his/her skiing abilities and experience as well as arrange for his/her equipment to correspond to the state of the art of ski technology and to the external conditions, in particular weather and piste conditions.
6.2 Before participating in a Course, Customer must inform Skischool about possible health issues that could impair his/her sporting performance. (such as astma, diabetes, epilepsy, unstable joints like knee, hip, ankle)
6.3 Before participating in a Course, Customer must arrange for his/her equipment (in particular the binding) to be inspected by a specialist. If he/she uses rental equipment the customer is responsible to avoid mixing up his skis with other skis and the resulting mistakes in adjustment of bindings.
6.4 Customer must adhere to Skischool’s instructions. Should the Customer not adhere to Skischool’s instructions, Skischool is entitled to terminate the contract immediately. This also applies to cases of inappropriate behaviour by Customer, in particular towards other Course participants.
6.5 Skischool is also entitled to terminate the contract in case of Course participation by Customer under the influence of alcohol or drugs.
7 Declaration of Data Protection
7.1 Skischool shall not transmit Customer’s personal data to third parties other than their lawyer or collection agency, unless necessary for the implementation of the contract.
7.2 Skischool cannot be held liable for the content of transmitted data.
8.1 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.
8.2 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 CISG shall not apply.
8.3 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 5700 Zell am See, Austria.
8.4 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.
8.5 All rights and obligations arising from this GTC shall be transferred to possible legal successors of Skischool.