• Mayrhofen

General Terms & Conditions of Trading

Skischule SMT Mayrhofen Rahm KG

(kurz „Skischule SMT Mayrhofen“)
Ski School Office: Hauptstraße 456, A-6290 Mayrhofen

1. General Information

a) Unless expressly agreed otherwise, all transactions between Skischule SMT Mayrhofen and its customers or participants shall be subject to these General Terms and Conditions (GTC) exclusively.

b) The designated purpose of this company is the commercial operation of a ski school. This includes in particular the following services:

  • The provision of ski instruction for adults and children within the scope of group ski courses, individual courses (private lessons) and children's ski courses, within the scope of introducing participants to the skills of skiing, including the provision of knowledge about skiing; including additional services such as the allocation of courses, childcare and children's ski races;
  • Guiding or accompanying participants on ski tours and downhill runs in the open ski area;

c) Skischule SMT Mayrhofen is entitled to collect, store and process the personal data of customers and participants required within the scope of a business relationship.

2. Conclusion of contract

a) All services are provided by Skischule SMT Mayrhofen in its own name and on its own account. Mediated services are excluded from this.

b) Bookings for ski courses of all kinds can be made via the online portal (https://smt.skischool.shop/)), directly at the ski school office in Mayrhofen, at the ski school base in the ski area, as well as at other booking offices (tour guide, hotel etc.).

c) Bookings (reservations) are binding only after Skischule SMT Mayrhofen has issued written confirmation.

d) These General Terms and Conditions do not apply to services for which Skischule SMT Mayrhofen merely acts as intermediary (e.g. ski rental). In these cases, Skischule SMT Mayrhofen is liable for the proper mediation of said services, but not for their service or implementation. The Terms & Conditions of the respective provider of services shall apply.

e) Skischule SMT Mayrhofen is entitled to have the booked service carried out by another officially approved ski school, if Skischule SMT Mayrhofen is unable to provide this service in the event of unforeseeable circumstances, force majeure, illness or injury, or would entail unreasonable effort on its part.

3. Terms of payment

a) All prices quoted by Skischule SMT Mayrhofen are in euros and include statutory VAT. Prices quoted by Skischule SMT Mayrhofen are conclusive and binding. However, prices and programmes are subject to change without notice. No liability is assumed for printing and publication Errors.

b) For online bookings, the respective course fee must be paid immediately after receipt of the written order confirmation. In any case, payment must be made within 7 days. For contracts entered into at the place of execution, the fee for the service to be rendered is to be paid directly at the respective booking office.

4. General terms and conditions of participation, orders and instructions:

a) By booking, the participant guarantees that s/he will be able to cope physically and mentally with the services booked. The participant is obliged to inform Skischule SMT Mayrhofen truthfully and comprehensively about his/her ability and previous experiences in skiing, as well as personally ensure that his/her equipment corresponds with the latest ski technology standards and is appropriate for the prevailing external conditions. The participant is obliged, should s/he feel over-challenged during any event, to report this to the responsible ski instructor or supervisor immediately.

b) S/he must also inform Skischule SMT Mayrhofen about his/her physical abilities, in particular his/her state of health and any health impairments.

c) Before beginning any lesson, the participant must ensure that a specialist company checks their ski equipment (in particular the ski binding).

d) Allocating groups for ski courses is carried out in accordance with current and valid guidelines. Participation in services provided by Skischule SMT Mayrhofen under the influence of alcohol or drugs, as well as the non-observance of orders and instructions by ski instructors and child carers, as well as the disturbance of lessons and/or any event shall result in immediate cancellation of the contract.

e) Participants are obliged to follow instructions given by the instructors and supervisors and actively participate in lessons. Participants who do not follow orders and instructions may be excluded temporarily, or for the entire course or event Should it be deemed necessary after assessment by the responsible instructor, responsible supervisor, or ski school owner, the course or the event may also be cancelled immediately.

f) The participant is not entitled to a refund of the fee paid in cases of cancellation of the contract as described above.

g) If a group course is reduced to 4 participants, this group may be combined with another group, or teaching time may be reduced to 2 hours per day.

h) If a group course is reduced to 2 participants, the service may be converted into private lessons on a pro rata basis. In this case, Skischule SMT Mayrhofen is also entitled to withdraw from the contract and, at the same time, is obliged to reimburse the participant for the aliquot price. Further claims by the participant (e.g. for damages, accommodation and travel costs, etc.) are expressly excluded.

5. Liability provisions

a) In principle, Skischule SMT Mayrhofen is liable, according to statutory provisions, exclusively for damages that are directly connected with the activities of Skischule SMT Mayrhofen and were caused intentionally, or through gross negligence. Liability for minor negligence is excluded.

b) During the course day, possible damages and injuries are to be reported immediately to the responsible ski instructor and/or the responsible Supervisor.

c) The participant must otherwise immediately inform the ski school office of any complaints in writing. In any case, Skischule SMT Mayrhofen is not liable for any claims where such notification is not given or is given late.

6. Refunds, cancellations

a) With regard to group courses, reimbursement of payments already made is only possible in the event of illness or injury on presentation of a medical certificate. The amount to be refunded will be calculated after taking into account services actually rendered. In this calculation, half days used will be counted as full days, unused half days will therefore not be taken into account. In any case, the participant will be charged a processing fee of 10% of the payment made, with a minimum fee of € 10,--.

b) There is no entitlement to refunds in the event of cancellation during an ongoing service, or non-appearance on the agreed date.

c) Cancellation of the booked service is free up to 48 hours before the start of the service, up to 24 hours before the start of the service a cancellation and processing fee of 50% of the price will be charged. If cancellation takes place at a later date, Skischule SMT Mayrhofen is entitled to charge 100% of the booked Service.

d) In the event of a change in the times of an agreed private lesson at the participant's request within 24 hours of the start of the course, a processing fee of 50% of the price will be charged, provided that a change is possible at all. In principle, the participant has no right to change any agreed course times.

e) If in the case of unforeseeable circumstances and force majeure, in particular due to weather conditions, the booked service is not possible for safety reasons, Skischule SMT Mayrhofen is entitled to postpone the services, or cancel them entirely. Only in the event of cancellation does Skischule SMT Mayrhofen have an obligation to repay the proportionate fee; the participant is not entitled to any further Claims.

7. Place of performance, place of jurisdiction and applicable law

a) Place of performance for all mutual obligations from the concluded contract is A-6290 Mayrhofen.

b) All disputes between the participant and Skischule SMT Mayrhofen arising from the concluded contract, as well as for the enforcement of all claims against the other contracting party, for whatever legal reason, shall fall within the exclusive jurisdiction of the competent court for Mayrhofen.

c) It is agreed that legal relations between the contractual parties shall be governed exclusively by Austrian law.

8. Legal validity

Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions, or the validity of the entire legal transaction. The ineffective term shall be replaced by such term that comes closest to the invalid term in sense and Purpose.

Stand der AGB: Mayrhofen im April 2019


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