General terms and conditions

Ski school & ski rental Telfs-Mösern, Kratzer KG
briefly ski school Mösern with seat in A-6100 Mösern near Seefeld

1. general:

Unless expressly agreed otherwise, our GTC apply to all transactions between the Mösern Ski School and the customers. The object of the company is the operation of a snow sports school (ski school) and a ski rental shop. This includes in particular services such as the provision of instruction in the skills and knowledge of skiing (without guarantee of a specific training success) as well as guiding and accompanying in skiing and the rental of ski equipment. Lift tickets are not included in the ski school price.

2. conclusion of contract for offers, online price inquiries and prices:

Reservations for private courses & ski rental can be made via internet, telephone or fax. Reservations are only considered firmly booked after written confirmation by the Mösern Ski School. The offers of the Mösern Ski School are subject to change. For the acceptance of the reservation and the scope of the service, only our written order confirmation is authoritative. Verbal or telephone side agreements are only valid with explicit written confirmation by the Mösern Ski School. In the case of group courses, a contractual relationship is only established with the purchase of the necessary course tickets. All prices quoted by us are in Euro and, unless otherwise stated, include the statutory value added tax. Price lists are without guarantee. We are not liable for printing errors.

3. terms of payment:

If no other written agreements have been made, a deposit is to be paid immediately after receipt of the written order confirmation for contracts that are concluded via the Internet, fax or other means of remote communication and concern private courses. This payment must be received on the account of the Mösern Ski School at least three bank days before the start of the lessons. The final settlement of the private ski course takes place after the end of the services.

For contracts concluded at the place of performance, the fee for the service to be performed shall be paid at the ski school office. In case of late payment by the customer, we are entitled to charge interest on arrears in the amount of 5 % per year, this does not affect claims for compensation of higher interest. 4. general conditions of participation

The contract partner has to inform the Mösern ski school about his abilities and experience in skiing truthfully and comprehensively as well as to take care independently for an equipment corresponding to the state of the skiing technique and the external conditions. Likewise, he/she has to inform the Mösern ski school comprehensively about his/her physical abilities, in particular his/her state of health and possible ailments. Before the start of the lesson, the contractual partner must independently arrange for the ski equipment (in particular ski bindings) to be checked by a specialist company, if not checked at the Mösern ski rental.

The group classification for ski courses is made by the ski school Mösern. Should the downgrading of the participant be necessary, the contract partner has to follow this decision. Otherwise, the Ski School Mösern is entitled to cancel the contract. Minimum number of participants for group courses is 3 persons. The contract partner has to follow the instructions of the Mösern ski school. Failure to comply with a warning entitles the Mösern ski school to immediately dissolve the contract. Participation in services of the Mösern ski school under the influence of alcohol or drugs entitles the Mösern ski school to immediately terminate the contract. In the described cases of contract termination, the contract partner has no right to a refund of the payment made. Minimum rental period for sports equipment is ½ day. If the ski equipment is returned after 10.00 a.m., the current day is to be paid for. Ski equipment rented after 3.30 p.m. will be charged only from the next day.

5. liability provisions:

In principle, the Mösern Ski School is liable according to the legal provisions exclusively for damages that are directly related to the activity of the Mösern Ski School and that were caused intentionally or by gross negligence. A corresponding liability insurance exists. The Mösern Ski School does not assume any liability whatsoever for accidents that may occur during the practice of snow sports or for lost objects. Each renter of sports equipment is liable for the proper return of the equipment up to the amount of the retail value of the rented products.

6. warranty:

The contracting partner has to notify any complaints immediately on site in the office to ensure remedy. In case of culpable non-notification, there is no right to a reduction of the fee. Claims against the Mösern ski school are to be asserted and substantiated in writing no later than 4 weeks after they arise.

7. resignation:

For private courses, it is possible to withdraw from the contract by 16:00 on the previous day at the latest without incurring a cancellation fee. If, on the other hand, the cancellation is made at a later time, the Mösern Ski School is entitled to charge 50% of the total course fee. With regard to group courses, a refund of payments already made is only possible in the event of an accident, upon presentation of the original receipt and a medical certificate from a local doctor. The amount to be refunded will be recalculated on the basis of the services actually provided for this period. The total amount will be reduced as a result, but higher daily rates may be charged.

In case of cancellation during an ongoing service or in case of no-show at the agreed date, no refund will be made. If the weather conditions do not guarantee the execution of the service for safety reasons, the Mösern Ski School reserves the right to postpone or cancel the services. Only in the case of cancellation, the Ski School Mösern is obliged to refund the proportional fee, the contractual partner is not entitled to any further claim.

8. place of performance:

A-6100 Mösern bei Seefeld, Dorfstrasse 28.

9 Jurisdiction:

The court with subject-matter jurisdiction at the registered office of the Mösern Ski School has exclusive jurisdiction to decide on all disputes arising from this contract.

10. choice of law:

Austrian law shall apply.

11. legal effect:

Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions and the entire legal transaction. The ineffective condition shall be replaced by a condition that comes as close as possible to the ineffective condition in economic terms.