General Terms & Conditions Mountain Sports Bernhard Neumann e.U. - Mountain Sports Zillertal
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General Terms & Conditions

General terms and conditions of Mountain Sports Zillertal as organizer


1. Scope:

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. Differing conditions on the part of the customer shall not be acknowledged by Mountain Sports Zillertal unless Mountain Sports Zillertal has explicitly approved of their validity in writing. All other terms of business become null and void upon the appearance of these Terms. 

2. Conclusion of 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 activities itself. The event contract between Mountain Sports Zillertal and the customer is accomplished by means of a reservation utilizing the online booking tool, through the Mountain Sports office in 6290 Mayrhofen, Hollenzen 75, or through a Mountain Sports booking outlet (hotels, for example) and the subsequent reservation confirmation from Mountain Sports Zillertal, which also indicates the customer's acceptance of the Terms at hand. The customer will receive a reservation confirmation. Upon receiving 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. Requirements for participation in events offered by Mountain Sports Zillertal: 

3.1 The customer confirms that their physical and mental state meet the requirements 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 people 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 weather conditions. All events are led by certified and qualified guides. All equipment corresponds to current safety guidelines. Prior to the start of every event, the customer receives appropriate instructions from the guide, while also being made aware of the dangers and risks involved. Regardless, due to the nature of the activity, the customer must accept that an element of risk remains. 

3.4 The customer is also obligated, should they 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 to materials provided by Mountain Sports Zillertal, must be reported immediately. Mountain Sports Zillertal is excluded for damages to the customer resulting from activities which go beyond the scope of the event itself. 

4.2. The customer must ensure that they have appropriate mountain rescue insurance, should they be responsible for causing an accident in alpine terrain.  

5. Directions and instructions:

5.1 The customer is obligated to obey and follow all safety instructions as given by the guide, and actively participate in carrying out safety instructions, should it be necessary. 

5.2 Should the customer not adhere to the guide's instructions, Mountain Sports Zillertal is entitled to terminate the contract immediately. In such cases, the customer has no right to reimbursement. Guides also have the right to alter the event program due to unforeseen circumstances, including where they have deemed that the customer lacks the ability required to continue safely. In such circumstances, Mountain Sports Zillertal also has the right to terminate the contract.    

6. Event implementation:

6.1 The exact duration of tours cannot always be accurately predicted. Specified times are a guideline only. Mountain Sports Zillertal therefore offers no guarantee for adhering to these specified times. 

6.2 Should unforeseen circumstances occur or if special vehicles or technical infrastructure are required to hold the event, Mountain Sports Zillertal will do everything in its power to access the necessary equipment. However, should this not be deemed feasible or is considered financially excessive, Mountain Sports Zillertal reserves the right to cancel the event, even at short notice. In such cases, the customer is entitled to a full refund. The customer acknowledges that Mountain Sports Zillertal is not liable for additional costs (e.x. damage compensation, accommodations, transportation costs, etc.). 

6.3 At times, access to and from the event location must be done through use of private vehicles. These trips are not considered part of the event. As a consequence, Mountain Sports Zillertal excludes itself from liability of any kind for accidents or damages during said trips.  

6.4 Should the customer fail to arrive or is not punctual, said customer is not entitled to a refund. 

6.5 The customer is obligated to check both before and during the event that all gear provided by Mountain Sports Zillertal for the event functions properly including sports equipment, vehicle, etc. Should the customer notice any problems with the equipment, they must inform the guide immediately. 

6.6 Mountain Sports Zillertal reserves the right to ask another qualified party to conduct an event due to extenuating circumstances (e.x. illness, reaching maximum capacity 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 of the individual events of the organizer are binding. 

7.2. Prices or programs are subject to change and are subject to printing error corrections. 

7.3. Upon reservation or receiving confirmation of reservation (see 2.1 above), customers are required to pay a deposit of 25% of the total course fee. The deposit can be paid either directly in the office at 6290 Mayrhofen, Hollenzen 75 or to the Mountain Sports Zillertal account at Raiffeisenbank Mayrhofen, account no. 20.321, bank routing code 36.274. The remaining amount must be paid for prior to the beginning of the event either via cash or VISA or MasterCard. The IBAN code is as follows: AT38 3627 4000 0002 0321. The BIC code is: RZTIAT22274.

7.4. Refunds of the event price/deposit made by a credit/debit card payment will include a 3% processing fee. 

8. Event description 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. Photos and sketches used by Mountain Sports Zillertal are designed to give an impression only. Such materials (e.x. actions, people, situations) are naturally non-binding. 

8.3. The duration and the time of the offered events are indicative only and non-binding. Events can be held in groups, and time delays are to be expected. Waiting times can also not be excluded. 

8.4. Changes to the services of the events cannot be ruled out. However, changes will only occur when necessary. In such circumstances, customers will be informed. Should changes drastically alter a large aspect of the event, the customer has the right to withdraw from the event and receive a refund. However, costs for services already provided will not be reimbursed.  

9. Withdrawal from the contract:

9.1 Should it not be possible to hold an event 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 for the amount already paid for the event; no further claims are possible. If the contract is concluded, Mountain Sports Zillertal can demand compensation for those services already performed, or those services that are required in order to bring the event to a conclusion. 

9.2. Should a withdrawal be necessary due to a customer overestimating their abilities, said customer does not have the right to withdraw from the contract. 

9.3. In the case of a withdrawal by a customer after booking an event, Mountain Sports Zillertal is entitled to a cancellation payment according to the following percentages of the respective total price charged by Mountain Sports Zillertal: For cancellations received up to 30 days prior to the beginning of an event:  25%, at least € 25.00. For cancellations received 29 to 15 days prior to the beginning of an event: 35 %. Cancellations made by the customer 14 to 8 days prior to the beginning of the event: 50 %. Cancellations made by the customer 7 to 2 days prior to the beginning of the event: 65 %. For cancellations made by the customer 1 day before or on the 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. 

9.5. Mountain Sports Zillertal is not responsible for extenuating circumstances beyond their control, including adverse weather conditions, closed lifts, or other external factors.

9.6. If a customer fails to cancel in advance or arrive on time for an event, said customer does not have the right to a substitute event. 

9.7. Insofar as the customer is a private consumer, the customer can withdraw from a contract concluded off premises within 14 days without giving reasons.  

10. Safekeeping and rental of items:

10.1. Mountain Sports Zillertal acknowledges 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 for any damage incurred to equipment provided by Mountain Sports Zillertal, except where the damage was unavoidable.

11. Availability:

11.1. Participation in events depends on their availability. Information pertaining to general event availability (e.x. time, location, etc.) is included in the event description.

12. Photos, videos, etc.:

12.1. The customer gives irrevocable consent to the fact that Mountain Sports Zillertal is entitled to 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 advertising and marketing purposes in any and all forms (in particular, folders, internet, etc.). The customer also agrees that their other data may be subject to electronic data processing and used or shared for advertising and marketing purposes. Such usage in no way entitles the customer to make any claims of any kind - especially those that financial in nature against Mountain Sports Zillertal. 

13. Changes to the terms & conditions, form of declarations:

13.1. Amendments and supplements to these Terms must be in written form in order to be legally binding. The same applies to a waiver of the requirement of written form. 

13.2. Legally pertinent declarations and notices directed towards Mountain Sports Zillertal must also be in written form. 

14. Applicable law, place of jurisdiction:

14.1. For the contractual relationship between Mountain Sports Zillertal and the customer, Austrian law applies exclusively. The applicability of UNCITRAL or the provisions of International Private Law are excluded by mutual agreement. The place of execution and payments is 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 district court ("Bezirksgericht"), and this shall hold true regardless of the sum under dispute.  

15. Severability:

15.1. Should any of these terms and conditions become void, inapplicable, or incontestable, the validity of all other terms and conditions remains unaffected. 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. Until then, the effective provisions that best preserve the original interests are valid. 

16. References and links:

16.1. Mountain Sports Zillertal carefully monitors the content of sites to which links have been placed. 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. The author has no influence on the design and content of such external sites. Therefore, Mountain Sports Zillertal expressly distances itself from all content of all linked sites, which has been changed subsequent to the link being placed. Links to individual photos and texts are not permitted. Links are exclusively allowed and permitted on the homepage. 

Mayrhofen, April 2016


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