General Terms and Conditions

General information

Unless expressly agreed otherwise, these General Terms and Conditions apply to all legal transactions and contractual relationships concluded between the TOP Obertauern Ski School and its customers as contractual partners. The object of the TOP Obertauern ski school is the operation of snow sports schools in the sense of ski and snowboard schools. This therefore includes the services of providing instruction in the skills and knowledge of snow sports, in particular skiing and snowboarding (both, however, without any guarantee of specific training success) as well as guiding and accompanying snow sports, in particular skiing and snowboarding.

Important information for your order

If a group is reduced to less than 4 participants, we reserve the right to merge them or to reduce the number of lessons.

Multiple teacher changes are possible due to the flexible organization.

We do not accept any liability for accidents that occur during or before ski lessons.

Price refunds due to injury or illness only with a doctor’s certificate. Only unused days (difference) will be refunded.

Canceled courses due to weather conditions (force majeure) will not be reimbursed. Private courses take place in all weathers. The course ticket is not transferable! Unused course days expire!

All deliveries and services of the ski school based on online orders via the Internet or other online services are subject to these terms and conditions.

Terms of payment

If no other written agreements have been made, a deposit of at least 50% of the invoice amount must be paid immediately after receipt of the written order confirmation for contracts concluded via the Internet, fax or other means of distance communication and which relate to individual and group courses. This deposit must be paid into the account of the TOP Obertauern Ski School AT16 4501 0000 511 000 14 three working days before the start of the service provision. The remaining amount must be paid before the start of the service provision.

If expressly agreed in writing or verbally with the TOP Obertauern Ski School in individual cases, the total amount of the course costs can also be paid in cash directly to the ski instructor or to a person authorised by the TOP Obertauern Ski School to receive the course fee immediately before the start of the service.

For contracts to be concluded at the place of fulfilment, the fee for the service to be provided must be paid in cash or using standard electronic means of payment at the TOP Obertauern Ski School office before the start of the course.

In the event of late payment, the TOP Obertauern Ski School is entitled to demand statutory interest on arrears from the contractual partner.

Credit card payments in favor of the ski school are collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland (“TREKKSOFT”). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT. Please send an e-mail to support@payyo.ch for all inquiries regarding your credit card payments and chargebacks.

Online offers and online bookings

All services provided by TOP Obertauern Ski School based on online inquiries and orders using the internet or other online services are subject to these terms and conditions.

Content of the online offer

The ski school/ski rental (hereinafter referred to as “author”) assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of the author.

All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.

The author is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages.

The author hereby expressly declares that no illegal content was recognisable on the linked pages at the time the links were created. The author has no influence whatsoever on the current and future design, content or authorship of the linked pages. Therefore, the author hereby expressly distances himself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the author’s own website as well as to third-party entries in guest books, discussion forums and mailing lists set up by the author.

For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, only the provider of the page to which reference is made is liable, not the person who merely refers to the respective publication via links.

Copyright and labelling law

The author endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to make use of licence-free graphics, sound documents, video sequences and texts.

All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trade mark does not imply that it is not protected by third-party rights!

The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.

Booking and reservation of ski and snowboard courses

The ski course fee does not include the use of the lifts. The ski school does not provide compensation for lessons cancelled due to breakdowns of the cable car and lift facilities.

Hire and reservation of ski and snowboard equipment

Each renter is liable for the proper return of the equipment up to the sales value of the rented product.

The landlord is entitled to demand security in the form of a document (passport, identity card, driving licence) or a deposit. The deposit of a security does not count as a possible purchase price for the equipment parts.

Resignation

A processing fee of € 20,– per item (except for lunchtime supervision) will be charged for online bookings or early transfers.

For private lessons, it is possible to withdraw from the contract by 5 p.m. on the previous day at the latest without incurring a cancellation fee. However, if the cancellation is made at a later date, the TOP Obertauern Ski School is entitled to charge 100% of the daily rate as a cancellation fee.

No refunds will be made for cancellations during an ongoing service.

For group courses, it is possible to withdraw from the contract by 5 p.m. on the previous day at the latest without incurring a cancellation fee. Reimbursement of payments already made is only possible in the event of accident or illness on presentation of 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. This reduces the total amount, but may increase the daily rates. No refunds will be made in the event of non-attendance on the agreed course date or cancellation during an ongoing service.

If lessons are cancelled due to weather conditions (force majeure), the fee paid will not be refunded by the TOP Obertauern Ski School.

The ski school fee does not include the cost of using the lifts. All costs for the use of all ascent aids shall be borne by the course participant as the contractual partner. The Ski & Snowboard School does not provide compensation for lessons cancelled due to breakdowns of the cable car and lift facilities.

Security

Course participants are expressly advised that children and young people are obliged to use a ski or snowboard helmet that complies with ÖNORM EN 1077:2007 in accordance with the Salzburg State Sports Act 1988, LGBI No. 98/1987 up to the age of 15 when practising alpine skiing and snowboarding. In addition, course participants must familiarise themselves with the content and application of the current FIS piste rules and comply with them.

General conditions of participation

The contractual partner must inform the TOP ski school truthfully and comprehensively about his abilities and experience in the various snow sports, in particular skiing and snowboarding, at the start of the course. He/she must independently provide and pay for equipment appropriate to the state of the art of snow sports technology, in particular skiing and snowboarding technology, and appropriate to the external conditions. He/she must also inform the TOP Obertauern Ski School of his/her state of health and any ailments that may impair the practice of snow sports or that may become acute when practising this sport.

Before the start of the lesson, the contractual partner must independently arrange for the appropriate technical inspection of the equipment, in particular the ski and snowboard equipment and the bindings by a specialised company. The TOP Obertauern Ski School is in no way liable for damages of any kind incurred by the contractual partner as a result of an unprofessional or inadequate inspection, adjustment or maintenance of their equipment. Each contractual partner is responsible for the technical safety and freedom from defects of its own equipment and is liable for any resulting damage. In particular, the Ski & Snowboard School may prohibit the contractual partner from participating in the course with technical equipment that jeopardises safety or is defective until the contractual partner has arranged for the defect to be rectified, without the contractual partner being entitled to a reduction in the fee for missed lessons.

The TOP Obertauern Ski School organises the grouping and grading of the courses according to the ability of the contractual partner. Should it be necessary to downgrade a participant, the contractual partner must comply with this decision. Otherwise the TOP Obertauern Ski School is entitled to cancel the contract immediately, without the contractual partner behaving in breach of contract being entitled to reclaim the payment made.

The contractual partner must strictly and precisely follow and comply with the instructions of the TOP Obertauern ski school. Failure to comply with instructions and warnings entitles TOP Obertauern to cancel the contract immediately. Furthermore, impairment of the contractual partner through alcohol and/or drugs entitles the Ski & Snowboard School to cancel the contract immediately. In all these cases, the contractual partner is not entitled to a refund of the payment made.

If the number of group members in group courses is reduced to less than four people, the TOP Obertauern Ski School reserves the right to merge groups or reduce the number of lessons accordingly.

Liability provisions

The contractual partner of the TOP Obertauern ski school is strongly recommended to take out health, accident, liability and international health insurance. The TOP Obertauern Ski School is only liable in accordance with the statutory provisions for damages which are connected with the activities of the TOP Obertauern Ski School and which were caused wilfully or through gross negligence. The TOP Obertauern ski school has taken out appropriate liability insurance. Furthermore, the TOP Obertauern Ski School is in no case liable if the contractual partner injures himself, suffers damage or causes damage of any kind in disregard of the instructions, the FIS piste rules, other legal regulations or provisions of these terms and conditions.

Place of jurisdiction, place of fulfilment and choice of law

The place of fulfilment is the central location of the TOP Obertauern ski school. The competent court at the registered office of the central branch of the ski school/ski hire is responsible for disputes. Austrian law shall apply. The contract language is German.

Legal effectiveness

Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions or the entire legal transaction. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision. Amendments to these General Terms and Conditions must be made in writing.