Terms & Conditions for Outdoor Event Organizer Mountain Sports Zillertal
1. Scope of the Contract:
1.1. All legal matters between Mountain Sports Zillertal and the customer are governed exclusively by the following Terms & Conditions (hereafter referred to as “Terms”) in their most current form. Divergent provisions on the part of the customer are not recognized by Mountain Sports Zillertal, other than if Mountain Sports Zillertal has given its expressed written acceptance thereof. All other terms of business become null and void upon the appearance of these current Terms.
2. Conclusion of the Contract:
2.1 Mountain Sports Zillertal offers on its own behalf and on its own account recreational, sports and adventure services (hereafter referred to as “Events”) and also conducts these events itself. The event contract between Mountain Sports Zillertal and the customer is accomplished by means of (i) a reservation utilizing the online booking tool, through the Mountain Sports office in 6290 Mayrhofen, Hollenzen 75 or at Hauptstrasse 456, or through a Mountain Sports booking outlet (hotels, for example) and (ii) the subsequent reservation confirmation from Mountain Sports Zillertal, which also indicates the customer’s acceptance of the Terms at hand. The customer receives a reservation confirmation. Upon receipt of the reservation confirmation, the contract between Mountain Sports Zillertal and the customer is concluded.
2.2 The precise services which are included can be found in the adventure program on our website, as well as in the detailed information provided in our catalog.
3. Conditions of Participation in Events organized by Mountain Sports Zillertal:
3.1 The customer affirms that s/he brings to the selected event those psychological and physical qualifications as set forth in the website/catalog, in the detailed descriptions and in these Terms.
3.2 Customers impaired due to alcohol, drugs or medications are excluded from participation in the event. This provision also applies to those persons who are unable to follow instructions given by the guides.
3.3 The customer fully understands that events generally take place in the outdoors and are therefore susceptible to prevailing weather conditions. All events are led by certified and qualified guides. Equipment meets prevailing safety norms. Prior to the start of every event, the customer receives appropriate instructions from the guide, whilst also being made aware of the dangers and risks involved. Nevertheless, these and other risks cannot be excluded, since risks come in all shapes and forms.
3.4 Furthermore, the customer is obliged, should s/he feel over-challenged during any event, to report this to the guide immediately, and to do so in such a way that the guide is able to understand and follow what is being said.
4. Liability for Damages:
4.1 In the event of damages, liability on the part of Mountain Sports Zillertal, and of those persons under Mountain Sports Zillertal’s employ, is limited to instances of premeditation and/or gross negligence, regardless of the legal basis. Injuries and damages, including damages to materials provided by Mountain Sports Zillertal, must be reported immediately. Any and all liability on the part of Mountain Sports Zillertal is excluded for damages to the customer resulting from activities which go beyond the scope of the event itself.
5. Instructions and Directions:
5.1 The customer must follow all safety instructions given by the tour leader and actively participate in the event, as far as is possible.
5.2 The guide leading the tour is entitled to exclude from the event, or even to break off the event itself as a consequence, any customers who contravene or ignore these Terms or any other directions or instructions, with said customers having no recourse to a refund of the event price. The guide is also entitled to change, expand or restrict the event program due to unforeseen circumstances, especially those which have the potential to prejudice the safety of the customer (which may also include unsuitability of the customer him-/herself). In such instances, Mountain Sports Zillertal is by all means entitled to rescind the contract.
6. Staging of the Event:
6.1 The precise duration of a tour cannot always be precisely determined in advance. The times listed are intended purely as a guideline. As a consequence, Mountain Sports Zillertal is unable to offer any guarantee with respect to adherence to these times.
6.2 With respect to events which require the use of specific vehicles, technical equipment etc., and the latter happen not to be available for such events, Mountain Sports Zillertal reserves the right to provide appropriate replacements whenever possible. If this is not possible, or only possible through disproportionately expensive means, Mountain Sports Zillertal does have the right to cancel the event – even at short notice. In such an instance, the amount already paid will be refunded. Furthermore, the customer hereby agrees that no additional claims shall be made (i.e. for damages, lodging, travel expenses etc.).
6.3 On occasion, travel to and from the areas where the events take place involves use of the customer’s private vehicle. These trips do not qualify as part of the event proper. As a consequence, Mountain Sports Zillertal excludes itself from liability of any kind for accidents or damages during said trips. The customer hereby indicates acceptance thereof.
6.4 If the customer travels privately to the event and either fails to arrive or is late, the customer has no claim to reimbursement of the event price.
6.5 The customer is obliged to check the functionality of all items supplied to him/her by Mountain Sports Zillertal for participation in the event, including gear, sporting equipment, vehicles etc., both before and during the event. The customer is obliged to bring any equipment deficiencies to the attention of the guide immediately upon becoming aware of them.
6.6 Mountain Sports Zillertal is entitled to have the booked event conducted by another authorized operator, in so far as the staging of the event by Mountain Sports Zillertal is either impossible or only feasible under arduous circumstances (e.g. illness, capacity has been exceeded etc.).
7. Prices, Payment Conditions:
7.1. The prices listed by Mountain Sports Zillertal are – unless otherwise stated – all-inclusive; they also include statutory Value Added Taxes at the applicable rate. The prices for the individual events offered by the event organizers are binding.
7.2. Prices and programs may be subject to change. Mountain Sports Zillertal reserves the right to amend printing errors.
7.3. Subsequent to making a reservation and transmission of a reservation confirmation (ref. Pt. 2.1. above), the customer shall remit a deposit amounting to 25% of the total compensation. The deposit is to be paid either in person at the office located in 6290 Mayrhofen, Hauptstraße No. 456 or at Hollenzen No. 75, or deposited to the account of Mountain Sports Zillertal at Raiffeisenbank Mayrhofen, Acct. No. 20.321, Branch No. 36.274. The remaining amount due must be paid in full prior to the start of the event, with payment accepted either in cash, or by VISA or MasterCard credit cards. The IBAN-Code is as follows: AT38 3627 4000 0002 0321. The BIC-Code is as follows: RZTIAT22274.
8. Descriptions of, and Changes to Services
8.1. Mountain Sports Zillertal makes every effort to describe the events it offers as concretely and accurately as possible. The individual events may, however, be subject to change.
8.2. The photos, sketches etc. used by Mountain Sports Zillertal are only intended as a general impression. Such photos (e.g. of action, people, situations etc.) are, of course, non-binding in nature.
8.3. Information regarding the duration and times of events offered is non-binding. Some events are offered in groups, which may result in time delays. Naturally, waiting times cannot be excluded either.
8.4. Changes to the actual content of events cannot be excluded either, though these will only occur if absolutely necessary. The customer will be informed about such changes as soon as Mountain Sports Zillertal becomes aware of the situation. Should the change significantly impact the content of the event and also be substantial in terms of the original booking, then the customer is entitled to rescind the contract at no penalty. However, Mountain Sports Zillertal shall be compensated for those services already provided.
9. Rescission of the Contract
9.1 If the event is substantially impacted, imperiled or impaired, or if the safety of the customer can no longer be guaranteed as a result of force majeure unforeseeable at the time the contract was originally concluded, subsequent to examining possible postponement options or suggesting a replacement program of equal value, both the customer and Mountain Sports Zillertal may rescind the contract. In this instance, the customer will be reimbursed the amount already paid for the event; no further claims are possible. If the contract is rescinded, Mountain Sports Zillertal may demand compensation for those services already performed, or those services which are required in order to bring the event to a conclusion
9.2. If a customer is not up to an event due to having overestimated their personal abilities, this does not entitle him/her to rescind the contract. In such an instance, the customer has no claim to compensation of the event price.
9.3. Furthermore, should the customer withdraw from the contract after having completed booking of the event, Mountain Sports Zillertal is due compensation according to a percentage of the total compensation for said event: if the customer’s withdrawal confirmation is received prior to 30 days before the start of the event: 25 %, at least € 25.00; receipt of the customer’s withdrawal confirmation between the 29th and 15th day before the start of the event: 35 %; receipt of the customer’s withdrawal confirmation between the 14th and 8th day before the start of the event: 50 %; receipt of the customer’s withdrawal confirmation between the 7th day and 1st day before the start of the event: 65 %; receipt of the customer’s withdrawal confirmation on the actual starting day of the event: 100 %
9.4. If the requisite minimum number of participants is not reached, Mountain Sports Zillertal may rescind the contract for one-day programs without compensation up to one day prior to the event’s scheduled start. In this instance, the customer will receive an immediate refund; further claims on the part of the customer are excluded.
10. Safekeeping and Loan/Rental of Items
10.1. Mountain Sports Zillertal emphasizes that the customer bears personal responsibility for the safekeeping of items and that no separate safekeeping agreement has been entered into with Mountain Sports Zillertal.
10.2. The customer is responsible in all instances for damages caused to items loaned by Mountain Sports Zillertal to the customer, in so far as this does not involve an unavoidable event.
11. Availability
11.1. Participation in events is dependent on availability. Information pertaining to general event availability (e.g. time, location etc.) is included in the event descriptions.
12. Photos, Video Footage etc.
12.1. The customer gives irrevocable consent to the fact that Mountain Sports Zillertal is entitled take photographs, video footage etc. during the staging of the event upon which the customer is visible, and to use the same indefinitely especially for advertizing and marketing purposes in any and all forms (in particular, folders, internet etc.). The customer also agrees that his/her other data may be subject to electronic data processing, and used or shared for advertizing and marketing purposes. Such usage in no way entitles the customer to press any claims of any kind – especially those that are financial in nature – against Mountain Sports Zillertal.
13. Amendments to Terms, Form of Declarations
13.1. Amendments or addenda to these Terms must be in written form in order to take effect. This also applies to any waiver of the provision for written form.
13.2. Legally pertinent declarations and notices directed towards Mountain Sports Zillertal must also be in written form.
14. Applicable Law, Seat of Jurisdiction
14.1. The contractual relationship between Mountain Sports Zillertal and the customer is subject exclusively to Austrian law. Application of UNCITRAL or the provisions of International Private Law are excluded by mutual agreement. Place of fulfillment for delivery and payment is stipulated as 6290 Mayrhofen.
14.2. For disputes of any and all kinds resulting from or in connection with the business relationship, jurisdiction is stipulated as Zell am Ziller County Court (“Bezirksgericht”), and this shall hold true regardless of the sum under dispute.
15. Severability Clause
15.1. Regardless of whether individual provisions of these Terms become void, contestable or inapplicable, all other provisions of the Terms remain unaffected and in effect. With respect to void or ineffective provisions, conditions are stipulated which are valid and which most closely pursue the interests and intended purpose of the original provisions.
16. References and Links
16.1. Mountain Sports Zillertal carefully monitors the content of sites to which links have been placed. The author hereby expressly states that, at the time the links were placed, there was no apparent illegal content on the target sites. The author has no influence on the design and content of such external sites. As a consequence, Mountain Sports Zillertal and/or the author expressly distance themselves from all content on all linked sites that may have been changed since the link was placed. Links are not permitted directly to individual photos or graphic files. Links are only desired or permitted to the start page.
Mayrhofen, November 2009
