AGB

Status 11/2021

1. VALUE

Unless otherwise expressly agreed, these General Terms and Conditions shall apply to all legal transactions of Jan Alexander Kunert, MSc (hereinafter referred to as "ski instructor"). Other general terms and conditions, in particular any terms and conditions of the contractual partner (hereinafter also referred to as "customer" or "guest") are expressly excluded, even if they appear in order confirmations, correspondence, etc.. These shall not apply even if they have not been expressly contradicted in individual cases.

These General Terms and Conditions shall also apply to all future contractual relationships, thus even if no express reference is made thereto in the case of supplementary contracts, extensions and/or future contracts.

Deviations, amendments, supplements or the (partial) exclusion of these General Terms and Conditions must be in writing in order to be valid and must be signed by both parties. The same applies to the waiver of the written form.

These general terms and conditions have been brought to the attention of the guest. He acknowledges having read, understood and agreed to them. Furthermore, they can be called up, saved and printed out at any time on the ski instructor's homepage (ridewithme.guide).

2. REGISTRATION / CONCLUSION OF CONTRACT / IMPLEMENTATION

Booking requests are made via the website, by email, telephone or directly to the ski instructor. The ski instructor is free to accept or decline requests.

The booking or the contract is concluded on the basis of the written booking confirmation by e-mail from the ski instructor. In the case of an agreed deposit, the contract is only concluded upon receipt of the deposit by the ski instructor (condition precedent).

In any case, the customer shall be deemed to be the contractual partner, even if he/she has (co-)ordered for other named persons. Several orderers as well as any persons joining and/or entering the contract shall be jointly and severally liable to the ski instructor.

The scope of services can be seen in the programme description and in the registration confirmation. The descriptions represent the planned course of the event. Changes can occur at any time due to external influences such as weather, snow conditions, avalanche situation, problems with means of transport (e.g. cable car or road closures etc.), hotel overbookings etc.. The ski instructor is entitled to adjust the event programme according to the situation. This circumstance does not entitle the guest to cancel free of charge or to a price reduction.

If possible, the ski instructor will conduct all tours and courses himself. In the event of illness, accident, unforeseen circumstances or the like, the ski instructor is entitled to appoint another suitable ski guide/ski instructor or mountain guide to fulfil the contractual services. This circumstance does not entitle the guest to cancel free of charge or to a price reduction.

There are minimum and maximum numbers of participants for certain events. These can be requested at the time of booking/registration or can be found in the programme descriptions. The ski instructor reserves the right to decide after the closing date for registrations whether an event will take place or must be cancelled. In the event of a cancellation, the participants will be informed. The participants will not have any claims whatsoever against the ski instructor for any legal reason whatsoever. With the agreement and consent of all participants, the programme may be adapted (e.g. by reducing services or increasing fees). However, the guest has no right to such an adjustment.

The guest has no right to have the services of the ski instructor (e.g. event, course, etc.) extended.

The guest has no right of dissolution, termination and/or withdrawal. Only deviating provisions in these General Terms and Conditions (e.g. cancellation) as well as mandatory statutory rights of dissolution, termination and/or withdrawal are excluded from this. In the case of end consumers, the rights of withdrawal set out in § 3 KSchG shall apply in particular. If a booking is made at a distance, i.e. by telephone, fax, e-mail or Internet, the customer, as a consumer within the meaning of the KSchG, has a statutory right of withdrawal within 14 days within the meaning of the Distance and Outward Transactions Act (FAGG). If the customer wishes the ordered services to commence before the expiry of the withdrawal period, the ski instructor is thereby simultaneously authorised to commence the work and services immediately. The customer is aware that he thereby loses the right of withdrawal according to the FAGG and that all contractual provisions become immediately legally effective through his acceptance of the contract.

3. PRICES / PAYMENT

The prices stated in the booking confirmation apply. Any costs for money transactions (e.g. transfer charges, bank charges, etc.) shall be borne by the customer. For credit and debit cards, the respective conditions of the card companies apply.

For day programmes, the ski instructor's expenses are included in the price, unless otherwise agreed individually. For multi-day tours, these expenses (travel costs, accommodation with half board, lift or taxi costs, etc.) are borne by the guest. Exceptions are indicated in the tour description.

The prices stated in catalogues, brochures, price lists, on the homepage etc. are - unless expressly stated otherwise in individual cases - always non-binding and subject to change. Likewise, the prices for follow-up orders, additional orders or the like are non-binding.

The ski instructor reserves the right to adjust the contract in the event of obvious and comprehensible calculation errors.

The ski instructor is free to demand and invoice advance, partial or down payments on the fee without giving reasons. As long as advance, partial or down payments have not been made and/or securities have not been provided, the ski instructor is released from his obligation to provide (further) services.

There is usually no deposit for day programmes. For day programmes, only cash payment is possible. For multi-day tours with overnight stay, a deposit of 20% of the total fee is generally payable upon registration. The remaining payment must be credited to the account of the ski instructor at the latest 14 days before the start of the tour or the start of the service, otherwise the ski instructor is entitled to withdraw from the contract. After registration, the guest will receive an invoice from the ski instructor, in which the payment modalities and the invoice amount are listed again.

The ski instructor expressly reserves the right to charge a processing fee of € 50.00 for rebookings initiated by the participant.

The ski instructor is entitled to send invoices to the guest also in electronic form. The guest expressly agrees to the sending of invoices in electronic form by the ski instructor. The customer must ensure that the ski instructor can send the invoice electronically by e-mail to the e-mail address provided and that technical equipment such as filter programmes, firewalls etc. are adapted accordingly. Any automated electronic replies to the ski instructor (e.g. absence notes, etc.) shall not be taken into account and shall not prevent valid delivery.

Unless expressly agreed otherwise, the invoices of the ski instructor are due for payment within 7 days of receipt, but at the latest at the start of the services, free of charges and deductions. Compliance with the payment deadline is an essential condition for the fulfilment of the contract. Upon expiry of the payment deadline, default shall occur without the need for a reminder.

In the event of default in payment, interest on arrears in accordance with § 456 UGB (Austrian Commercial Code) of 9.2% above the base interest rate of the Austrian National Bank p.a. shall be agreed for business contract partners, and interest on arrears in the amount of 4% p.a. shall be agreed for consumers. In addition, the ski instructor is to be reimbursed for reminder fees (5% of the outstanding amount, but at least € 20.00) and the necessary and appropriate costs associated with the legal or judicial assertion of his claim. The right to claim further damages caused by default is reserved. In the event of default in payment, even with only a partial payment, any remuneration, discounts, rebates, deductions, etc. shall be lost in full - also with regard to all payments already made or to be made at a later date as well as the outstanding partial payments.

In the event of default of payment, the ski instructor is entitled to call due all claims for services already rendered from current business relations with the customer. In the case of an instalment agreement, default shall result in a loss of payment date, so that the total outstanding amount shall become due immediately.

Incoming payments shall first be credited against reminder/collection costs, then against interest incurred and subsequently against the oldest claim. This applies irrespective of any dedication of the payment by the customer.

The ski instructor is not obliged to accept foreign currencies. If foreign currencies are accepted by the ski instructor, the customer shall bear all related costs, such as expenses, fees, etc.

The customer is not entitled to withhold payments - for whatever reason - or to offset them against counterclaims, unless the counterclaims have been expressly recognised by the ski instructor or have been legally established by a court of law.

The client is not entitled to assign claims and rights arising from the contractual relationship with the ski instructor without the latter's express written consent.

If no justified written objection is raised against an invoice of the ski instructor within two months of receipt, it shall be deemed approved in any case.

4. RESCISSION AND CANCELLATION

Irrespective of the existence of reasons, the customer is entitled to unilaterally withdraw from the contract and thus cancel the booking. In these cases, the ski instructor is entitled to charge the customer the following cancellation costs:

• Cancellation up to 30 days before the start of the event: € 150.00
• Cancellation 29th day - 15th day: 50% of the total fee (minimum € 200,00)
• Cancellation 14th day - 01st day: 100% of the total fee (minimum € 250,00)
• In case of no-show without notice, late arrival as well as early departure: 100% of the total fee (minimum € 250,00) 

If the ski instructor is charged 100% of the agreed total fee, the ski instructor will deduct what he saves as a result of not using his service offer or what he has received through other orders. The burden of proof of the savings shall be borne by the customer.

If costs have already been incurred at the time of cancellation which exceed the advance payment or cancellation amount, these costs will be charged to the guest.

Any further claims (e.g. penalties, damages, etc.) remain unaffected by this and are due to the ski instructor in addition.

To cover any cancellation costs, the customer is advised to take out appropriate cancellation insurance.

The ski instructor is entitled to unilaterally withdraw from the contract and thus cancel the booking up to the 30th day before the start of the event at the latest without giving reasons. In these cases, the customer is not entitled to any claims whatsoever - for whatever legal reason - against the ski instructor.

Furthermore, the ski instructor has the right to dissolve the contract at any time for good cause without observing deadlines and/or dates (withdrawal / termination). Good cause shall be deemed to exist in particular if the customer breaches material contractual obligations, defaults on payment (including partial, advance and/or down payments), fails to make a partial, advance and/or down payment at the request of the ski instructor, if insolvency proceedings are instituted against the customer's assets or such proceedings are not instituted due to a lack of assets to cover costs, if the customer fails to provide the cooperation required for the preparation and implementation of the event, implementation of the event becomes impossible, significantly more difficult or economically unviable due to statutory or official prohibitions or measures, or if the ski instructor is unable to provide the service. or measures, if it is not possible to hold the event without risk, if the customer seriously or repeatedly infringes the instructor's instructions, disrupts or endangers the smooth running of the instructor's business and/or events, if the minimum number of participants is not reached at the instructor's events, if the customer is guilty of inconsiderate, offensive or otherwise grossly negligent behaviour, or otherwise grossly improper behaviour towards the other guests and/or the ski instructor spoils the meeting or is guilty of a punishable offence against property, morality or physical safety towards these persons, if the customer is afflicted with a contagious disease or a disease which extends beyond the duration of the contract or otherwise becomes in need of care as well as in all cases of force majeure (e.g. weather situation, strike, war, etc.). weather situation, strike, war, epidemic or pandemic, natural events, etc.).

Should public law regulations exist that make it impossible or economically unviable to carry out the booking in the form envisaged at the time of registration or make it considerably more difficult (e.g. due to epidemics or pandemics), the ski instructor reserves the right to withdraw from the contract or to change the booking or event. The clients will be informed of this as soon as possible. In any case, customers cannot derive any claims for expenses incurred or other claims - for whatever legal reason - against the ski instructor from this.

In general, customers are not entitled to make any claims, in particular claims for damages, against the ski instructor in the event of withdrawal or termination by the ski instructor.

If the cancellation is due to a reason attributable to the customer, the ski instructor is entitled to demand payment of at least the amount of the cancellation costs for non-arrival. The right to assert further claims, in particular claims for damages, is expressly reserved.

5. LACK OF PRECONDITIONS

Anyone who is physically fit or able to cope with the demands can participate in the programmes offered. This is also clarified and discussed as far as possible in advance. If a participant is not up to the requirements and conditions, the ski instructor is entitled to exclude him/her from the event in the interests of general safety and the safety of the participant him/herself. In this case, the ski instructor is entitled to demand payment of the cancellation fee for non-arrival.

6. PERFORMANCE PROBLEMS

All events that lead to a service disruption and do not fall within the sphere of the ski instructor are to be attributed to the sphere of the customer. Only those circumstances which are directly related to the provision of the service and can be influenced by the ski instructor fall within the sphere of the ski instructor.

Due to disruptions in the provision of services, which are attributable to the sphere of the customer, an adjustment of the fee must be made. In such cases, the ski instructor is entitled to demand claims, in particular compensation for free capacities (vacancies), work not performed, loss of profit, etc.

Any additional costs incurred due to necessary rescheduling will be charged to the guest or reimbursed.

The obligation of the ski instructor to perform is suspended as long as the customer is in default with a payment already due, also from other obligations and duties existing towards the ski instructor.

In the event of subsequent impossibility, the ski instructor has the right to withdraw from the contract.

7. WARRANTY / LIABILITY

The client is liable to the ski instructor for any damage caused, regardless of fault.

Warranty claims and claims for damages of the customer against the ski instructor are in any case limited to the invoice value, subject to mandatory statutory provisions.

In each case, the customer must provide proof that the damage is due to the fault of the ski instructor.

If and insofar as the customer can claim insurance benefits for damages for which the ski instructor is liable, the customer undertakes to claim this insurance benefit as a matter of priority.

The instructions of the ski instructor must be followed strictly and precisely. Despite careful planning and diligence, accidents, damage etc. cannot be completely ruled out. Every kind of movement in the mountains involves a risk. A considerable degree of caution, prudence and personal responsibility is required of every participant. By registering or booking, the guest expressly confirms his or her own responsibility and accepts the risk associated with the booking.

The ski instructor is liable for damages - unless mandatory legal regulations provide otherwise - only in the event of intentional or grossly negligent conduct. The liability of the ski instructor for slightly negligent behaviour is excluded. Liability for grossly negligent conduct is also excluded vis-à-vis entrepreneurial customers.

The ski instructor excludes any liability for the behaviour of external persons, such as external organisers, other guests, cable car staff etc.

Any other compensation for damages, in particular compensation for indirect damages, consequential harm caused by a defect, financial losses of third parties and loss of profit is expressly excluded, unless there are compelling legal reasons to the contrary.

All exclusions of liability also apply to claims against employees, representatives and vicarious agents of the ski instructor due to damage caused by them to the customer.

The time limits for the assertion of warranty claims and/or claims for damages by the customer shall be 6 months in each case. In the case of warranty claims, this limitation period shall commence from the time of performance of the service or partial performance, in the case of claims for damages from the time of knowledge of the damage and the damaging party. Claims for damages are in any case time-barred one year after the event giving rise to the claim (absolute limitation period).

8. INSURANCE

It is expressly pointed out that guests/customers are not (co-)insured by the ski instructor. Guests are therefore strongly advised to take out their own (sufficient) insurance cover, in particular accident insurance cover (e.g. for rescue, accident costs etc.). It is also recommended to have travel insurance that includes cancellation, delayed arrival or interruption. If third parties (e.g. agents, hotel operators, etc.) take out the insurance, it is essential to ensure that the ski instructors and ski guide costs are also included in the insurance. Alternatively, it is possible to become a sponsor of the Mountain Rescue Tyrol. With the relatively low contribution, at least a Salvage insurance which applies worldwide.

9. RENTAL EQUIPMENT

The ski instructor provides the guest with avalanche emergency equipment consisting of avalanche transceiver, shovel and probe on loan and free of charge during the event or services. The guest must compensate the ski instructor in full for any loss of or damage to rental equipment or devices, regardless of fault. The ski instructor cannot be held liable for damage due to unrecognisable defects/damage to rental equipment or rental devices. In all other respects, point 7 of these General Terms and Conditions applies with regard to liability.

10. Use of data / confidentiality / copyrights

The ski instructor is entitled to process personal data of the customer or participants such as first name(s), surname, gender, academic degree, date and place of birth, company, company name, company or trade register number, address, invoice address, identification document, citizenship, profession/industry, telephone number, fax number, e-mail address, within the limits of the Data Protection Act and the purpose of the contractual relationship. The customer warrants that all necessary measures, in particular in accordance with the data protection provisions (e.g. DSG), are taken for this purpose. Data protection provisions (e.g. DSGVO, DSG etc.), such as declarations of consent by the persons concerned, have been taken.

The customer is expressly advised that the World Wide Web is accessible to everyone and in particular misuse cannot be ruled out, so that unauthorised access by third parties to data and information cannot be ruled out. The customer cannot derive any claims for damages and/or warranty claims against the ski instructor from this and the associated (negative) consequences.

The client declares his/her express, irrevocable consent that the ski instructor may use, utilise and publish photocopies, pictures, photos, videos, etc. of the clients as well as of the events, in particular for marketing purposes (e.g. as a reference).

All individual services of the ski instructor (e.g. event documents, pictures, presentations, printed works, etc.) as well as the services offered by the ski instructor and other know-how of the ski instructor remain the (intellectual) property of the ski instructor and are protected by copyright. Any use and processing, in particular passing on, duplication, publication and making available, including copying even of extracts, requires the express written consent of the ski instructor.

11. Choice of Law / Jurisdiction Agreement

For disputes arising from the contractual relationship, the exclusive place of jurisdiction is agreed to be the court with subject-matter jurisdiction for A-6500 Landeck. The ski instructor also has the right to take legal action at the customer's general place of jurisdiction.

The contract shall be governed exclusively by Austrian law - even in the case of orders or bookings made in or from abroad - to the exclusion of the IPRG, the norms on further reference and the UN Convention on Contracts for the International Sale of Goods.

12. Final provisions

The place of performance for all services provided by the ski instructor as well as for those provided by the customer is A-6500 Landeck, unless another destination has been expressly agreed in writing.

The customer shall be responsible for obtaining all necessary travel documents. The client and/or the travellers are themselves responsible for compliance with the travel regulations and compliance with any health regulations.

The customer is obliged to notify us immediately in writing of any changes of name, delivery address, billing address, e-mail address, etc., failing which delivery will be effective at the known address.

Electronic data transmission (e.g. by e-mail) or by fax shall also be sufficient for compliance with the agreed written form requirement.

The customer undertakes to transfer all rights and obligations arising from this contract to any legal successors.

The customer waives the right to contest the contract - on whatever legal grounds - but in particular on grounds of error, cessation of the basis of the contract, and reduction by more than half, or to raise defences - on whatever grounds, in particular on the aforementioned legal grounds.

For contracts with consumers within the meaning of the Consumer Protection Act (KSchG), the above provisions shall apply only to the extent that statutory provisions do not mandatorily provide for other provisions.

Should individual provisions of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with one that comes as close as possible to the intended economic purpose. This also applies analogously to any loopholes in the contract.