General Terms and Conditions:
Snowboard SchoolBoardslide Zell am SeeMitterwirtsfeld 1A- 5721 Piesendorf
§ 1 Scope of the GTC
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply exclusively to business relationships between the Snowboard School BOARDSLIDE Zell am See (hereinafter referred to as "Snowboard School") and the contractual partner (hereinafter referred to as "Customer"). The applicable version of the GTC depends on the time of the customer's relevant offer submission.
1.2 The Snowboard School provides services in the area of skiing and snow sports, including but not limited to ski, snowboard, and cross-country lessons, guiding and accompanying on ski tours (pursuant to § 1 Abs 1 T-SSG 1995), and related activities (hereinafter referred to as "Courses"). This also includes child care services and related activities (e.g., children's meals). These GTC apply to all services provided by the Snowboard School in this context.
1.3 Deviating provisions from these GTC are only valid with express written agreement between the Snowboard School and the Customer. Conflicting terms and conditions of the Customer have no effect on the business relationships listed in Point 1.2.
§ 2 Conclusion of Contract
2.1 A contract between the Snowboard School and the Customer can be concluded electronically (submission of an offer via an online form and acceptance of the contract through confirmation email) or at the Snowboard School's business premises (contract conclusion through receipt of a payment receipt).
2.2 Submitting a fully completed online form by the Customer constitutes a legally binding offer to the Snowboard School to conclude a contract for the services offered by the Snowboard School. The Snowboard School sends a confirmation email to the Customer based on such an offer. Only through the transmission of this confirmation does a contractual relationship between the Snowboard School and the Customer arise.
2.3 The Customer's declaration to a Snowboard School employee that they wish to use the services of the Snowboard School constitutes a legally binding offer to the Snowboard School to conclude a contract. A contractual relationship between the Snowboard School and the Customer is only established upon payment for the desired service and the issuance of a payment receipt.
2.4 The booking confirmation and/or payment receipt serve as proof of the booked service and must be presented by the Customer to the respective course instructor at the start of the course.
2.5 The Snowboard School is not obliged to inform the Customer of the rejection of online bookings. If the Customer's offer is not confirmed by the Snowboard School within two (2) weeks of receipt, the Customer's offer is deemed not accepted.
§ 3 Right of Withdrawal for Contracts Concluded by Phone, Web Form, or Email
3.1 The offered services are "leisure services" within the meaning of the Distance and Off-Premises Contracts Act (FAGG).
3.2 According to § 18 Abs 1 Z 10 FAGG, there is no right of withdrawal for leisure services.
§ 4 Right of Cancellation
4.1 The Customer is entitled to unilaterally cancel the contract in writing (email is sufficient) under the following conditions.
4.2 If a 100% refund insurance is booked, 100% of the booking amount will be refunded, excluding the insurance amount (10% of the booking sum), up to 2 days before the arrival date. Cancellation within less than 2 days before the arrival date will result in a 50% charge. No reason is required for cancellation, and refunds will be processed as quickly as possible.
4.3 Without a 100% refund insurance, the booking amount will be refunded less a cancellation fee of 5% of the booking sum if canceled up to 4 weeks before the arrival date. No refunds are granted for cancellations made less than 4 weeks before the arrival date.
4.4 The timeliness of cancellation is determined by the receipt of the cancellation letter by the Snowboard School. To meet the deadline, the cancellation letter must be received by the Snowboard School by 24:00 before the deadline. Transmission errors are at the Customer's risk.
4.5 In all other cases, the Customer is not entitled to cancel without the Snowboard School's express written consent and must pay the full fee. This also applies to non-attendance or late arrival for the agreed appointment.
4.6 The Snowboard School reserves the right to withdraw from the contract if the Customer participates in courses under the influence of alcohol, drugs, or medications that compromise safety or if the Customer persistently disregards instructions. No claims arise for the Customer in such cases; the full fee remains payable.
§ 5 Impossibility of Performance
5.1 If the performance of the service is impossible due to safety concerns (e.g., weather conditions, avalanche risk, etc.), the Snowboard School is not obliged to perform the service. It is at the sole discretion of the Snowboard School to assess the impossibility of performance. Partial impossibility — e.g., ski lessons are not possible on three out of five days — does not affect the execution of the possible parts of the service.
5.2 In the event of (partial or complete) impossibility of performance as per Point 5.1, the Snowboard School will refund the proportional fee to the Customer. The Customer is not entitled to any further claims.
5.3 Force majeure, such as epidemics, pandemics, governmental measures such as closures, or other unforeseeable and unavoidable events, exempts the Snowboard School from its service obligations.
5.4 In the event of (partial or complete) impossibility of performance as per Point 5.3, the Snowboard School will issue a credit note or refund the proportional fee to the Customer, at the Customer's choice. The Customer is not entitled to any further claims. Any right of withdrawal under § 10 Abs 2 of the Austrian Package Travel Act remains unaffected.
§ 6 Prices and Payment Terms
6.1 All information — particularly the Snowboard School's price lists on the internet, in brochures, advertisements, or other media — is non-binding. The Snowboard School reserves the right to make changes at any time.
6.2 All prices are quoted in EURO (€) and are gross prices, including any applicable statutory VAT, unless stated otherwise.
6.3 Costs for ski tickets or ski equipment are not included in course fees. These must be purchased and brought by the Customer at their own expense.
6.4 The Snowboard School's entitlement to payment arises upon contract conclusion. At this time, payment becomes due. For online bookings, payment may be required at the time of booking through one of the online payment methods provided. If the Customer's offer is not accepted by the Snowboard School, any amount already paid will be refunded using the same payment method used by the Customer.
6.5 In the case of other booking methods, such as via email or on-site, the course fee must be paid within 7 days of contract conclusion via bank transfer to the Snowboard School's account or in cash on-site. However, payment must be received by the Snowboard School before the course begins. Any costs, especially bank fees, related to the payment of the booked course at the Snowboard School, are exclusively borne by the Customer.
6.6 The Customer may only offset counterclaims that have been legally established by a court or expressly acknowledged by the Snowboard School, as well as in the case of the Snowboard School's insolvency. Statutory retention rights are not affected by this clause.
6.7 Payment default occurs without further notice from the Snowboard School. If the Customer falls behind on a payment, the Snowboard School is entitled to charge statutory default interest and any additional costs and expenses, including collection or attorney fees. Payments made by the Customer can be freely allocated by the Snowboard School to open claims, regardless of any specification by the Customer.
6.8 The place of performance for all obligations of both the Snowboard School and the Customer is the location of the Snowboard School's headquarters.
§ 7 Service Delivery
7.1 The Customer must arrive at the designated meeting point of the Snowboard School or another location specified by the Snowboard School in the ski school area on time before the course begins.
7.2 The Snowboard School reserves the right to change the meeting point of the courses at short notice. In such cases, customers will be informed by the Snowboard School.
7.3 The Snowboard School reserves the right to perform a temperature check before the start of each ski day, following data protection regulations. If there is an elevated temperature, fever, or other signs of infectious diseases (e.g., COVID-19), which may pose a risk to other participants, instructors, or supervisors, the Snowboard School may exclude the Customer from the lessons. In such cases, the Customer may choose between a proportional refund of the fee or a credit note.
7.4 The Snowboard School commits to employing qualified instructors or childcare personnel for the respective services.
§ 8 Limitation of Liability
8.1 No guarantee is provided by the Snowboard School for the training success of course participants.
8.2 The Snowboard School is not liable for damages, except for personal injuries, unless the damages are caused by intentional or grossly negligent behavior of the Snowboard School or a person attributable to it, and the damaging behavior does not concern the essential contractual obligations.
8.3 The Snowboard School assumes no liability for damages caused by the Customer to themselves or others during the service unless the Snowboard School is at fault.
8.4 The Snowboard School is not liable for lost profits, pure financial losses, or consequential damages, regardless of fault, if they exceed three times the service fee.
8.5 Customers are advised that not wearing a helmet may constitute contributory negligence in case of injury. It is recommended that Customers wear a helmet and bring additional safety equipment (e.g., avalanche transceivers for off-piste skiing).
8.6 The practice of snow sports involves numerous risks. Off-piste skiing or tours, in particular, carry an increased risk of injury or death, including avalanches, which cannot be entirely ruled out.
8.7 Customers acknowledge that ski patrol or mountain rescue often incurs significant costs. It is recommended to purchase appropriate insurance, as the Snowboard School does not cover such costs unless the rescue costs were caused by intentional or grossly negligent actions by the Snowboard School or a person attributable to it.
§ 9 Customer Obligations
9.1 The Customer must provide truthful and comprehensive information to the Snowboard School regarding their skills and experience in the respective booked snow sport. Additionally, the Customer is responsible for independently ensuring that their equipment is appropriate for the level of ski technique and external conditions. The Customer must inform the Snowboard School about any health issues or impairments.
9.2 The Customer further agrees not to participate in ski courses in case of febrile infections, contagious diseases, or illnesses associated with diarrhea and vomiting. In particular, if COVID-19 symptoms (fever, dry cough, fatigue, breathing difficulties, etc.) occur, the Customer is obliged to refrain from attending the ski course. If the Customer has booked a group course, they can invoke the right of withdrawal outlined in Point 4.4 of these Terms and Conditions upon presenting a medical certificate.
9.3 Before the lessons begin, the Customer is responsible for having their ski equipment (especially ski bindings) inspected by a professional service provider.
9.4 The Customer must follow the instructions of the Snowboard School, instructors, and supervisors. Disregarding instructions and warnings entitles the Snowboard School to terminate the contract immediately. This also applies to Customers exhibiting inappropriate behavior, especially towards other course participants.
§ 10 Privacy Policy
10.1 For detailed information, refer to the Snowboard School's privacy policy, available at https://www.snowboard-zellamsee.com/data-protection.php?lang=eng.
§ 11 Miscellaneous Provisions
11.1 No oral side agreements to these Terms and Conditions exist. Any type of side agreements, changes, or additions must be made in writing to be effective. This also applies to the waiver of this written form requirement.
11.2 Austrian substantive law applies to all disputes arising from legal transactions governed by these Terms and Conditions, excluding Austrian international private law.
11.3 If the Customer is a business entity or a consumer residing outside the scope of the EuGVVO or the Lugano Convention (i.e., all countries except EU Member States, Switzerland, Norway, and Iceland), the court at the location of the Snowboard School's headquarters shall have exclusive jurisdiction over all legal disputes related to these Terms and Conditions and/or contracts for ski school services.
11.4 For consumers residing within the EU or the scope of the Lugano Convention, the statutory provisions on jurisdiction apply.
11.5 If one or more provisions of these Terms and Conditions are invalid, the remaining provisions remain effective. In such cases, the invalid provision will be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.
11.6 All rights and obligations arising from these Terms and Conditions are transferred to any successors of the Snowboard School.