GENERAL TERMS AND CONDITIONS
Last Minute Booking
Seespitzstrasse 18/3
A- 5700 Zell am See
§ 1 Scope of the GTC
1.1 For business relations between Last Minute Booking (in the following briefly: "LMB") and the contracting party (in the following briefly: "customer") these general terms and conditions (in the following briefly: "GTC") in the respective valid version apply exclusively. The valid version of the GTC depends in each case on the time of the relevant offer submission by the customer.
1.2 LMB provides services to the customer in the field of skiing and snow sports. This includes, among other things, the provision of skiing, snowboarding and cross-country skiing lessons, guiding and accompanying on ski tours (as defined in § 1 para. 1 T-SSG 1995) as well as related activities (hereinafter referred to as "courses"). Also included are any childcare services and related services (e.g. catering for children). These GTC apply to all services provided by LMB in this context.
1.3 Provisions deviating from these GTC shall only apply in case of an explicit written agreement between LMB and the client. Contradictory terms and conditions of the customer shall not have any effect on the business relations specified in item 1.2.
§ 2 Conclusion of contract
2.1 The conclusion of a contract between LMB and the customer is possible both electronically (submission of an offer via online form and acceptance of the contract by confirmation e-mail) and in the business premises of LMB (conclusion of the contract by handing over a payment voucher).
2.2 The sending of a fully completed online form by the customer constitutes a legally binding offer to LMB to conclude a contract on the services advertised by LMB. Based on such an offer, LMB shall send an order confirmation to the customer. A contractual relationship between LMB and the customer shall only come into existence through the transmission of this order confirmation.
2.3 The customer's declaration to an employee of LMB that he wishes to make use of services of LMB constitutes a legally binding offer to LMB to conclude a contract. A contractual relationship between LMB and the respective customer shall only come into existence upon payment for the desired service and issuance of a payment voucher.
2.4 The booking confirmation and/or the payment voucher serve as proof of the utilization of the booked service and are to be presented by the customer to the respective course instructor at the beginning of the course.
2.5 LMB is not obliged to inform the client of a rejection of online bookings. If the offer of the customer is not confirmed by LMB within a period of 2 (two) weeks from receipt, the offer of the customer shall in any case be deemed not accepted.
§ 3 Right of withdrawal when concluding a contract via telephone, web form or e-mail
3.1 The services offered are "leisure services" in the sense of the Distance and Outward Transactions Act (FAGG).
3.2 There is no right of withdrawal for leisure services according to § 18 Abs 1 Z 10 FAGG.
§ 4 Right of withdrawal
4.1 The customer is entitled to unilaterally withdraw from the contract under the following conditions in writing (e-mail is sufficient).
4.2 In case of a booked 100% refund insurance, 100% of your booking sum excluding the insurance sum (10% of the booking sum) will be refunded in any case until 2 days before the date of arrival. Cancellation less than 2 days before the arrival date will be charged 50%! Cancellation does not require a reason and will be refunded as soon as possible!
4.3 If no 100% refund insurance has been booked, your booking amount will be refunded up to 4 weeks before the arrival date minus a cancellation fee of 5% of the booking amount. If less than 4 weeks before the date of arrival, the right of repayment expires!
4.4 The receipt of the cancellation letter by LMB is decisive for the observance of the deadline. In order to meet the respective deadline, it is necessary that the letter of withdrawal is received by LMB at the latest 24:00h before the deadline expires. Transmission errors and the like shall be borne by the customer.
4.5 In all other cases, the customer is not entitled to withdraw from the contract without the express written consent of LMB and must pay the full fee. This applies in particular to the case of non-appearance or late appearance at the agreed date.
4.6 LMB is entitled to withdraw from the contract at any time if the participation of the client in courses takes place under the influence of alcohol, drugs or medication, which no longer guarantee a safe participation. The same applies if the client persistently disobeys the instructions of LMB, the teachers or the supervisors (see point 9.4). The customer is not entitled to any claims in case of such a termination of the contract; in particular, he is also obliged to pay the full fee.
§ 5 Impossibility of performance
5.1 If the performance of the service is not possible for safety reasons (e.g. weather conditions, avalanche danger, etc.), LMB shall not be obliged to perform the service. It is solely at the reasonable discretion of LMB to assess the impossibility of providing the service, whereby a partial impossibility - e.g. no skiing lessons are possible on three out of five days - shall not affect the performance of the possible part of the service.
5.2 In case of (partial or total) impossibility of performance according to item 5.1, LMB will repay the pro-rata fee to the customer. The customer shall not be entitled to any further claim.
5.3 Force majeure, in particular epidemics, pandemics, official measures such as closures, other unforeseeable and unavoidable events shall release LMB from its obligations to perform.
5.4 In case of (partial or total) impossibility of performance according to item 5.3, LMB will either issue a credit note for the pro-rata fee or pay the pro-rata fee back to the customer. The customer shall have the right to choose in this respect. The customer shall not be entitled to any further claim. A possible right of withdrawal according to § 10 para 2 Package Travel Act remains unaffected.
§ 6 Prices, payment terms
6.1 All information - in particular price lists of LMB on the Internet, in brochures, advertisements or other information carriers - are non-binding for LMB. LMB reserves the right to make changes at any time.
6.2 All price quotations are in EURO (€) and are to be understood gross including any statutory value added tax, unless otherwise stated.
6.3 Costs for ski tickets or ski equipment are not included in the course fees. These are to be purchased by the customer at his own expense and brought along.
6.4 LMB's claim for payment against the client arises upon conclusion of the contract. At this time the payment is due. In the case of online bookings, however, payment shall be made immediately upon submission of the offer by means of one of the payment methods set up for online bookings. If the client's offer is not accepted by LMB, any amount already paid shall be refunded by way of the same payment method used by the client.
6.5 In case of other booking methods, e.g. by e-mail or directly on site, the payment of the course fee can be made within 7 days from the conclusion of the contract by bank transfer to the account of LMB or in cash on site; however, it must be received by LMB in any case before the beginning of the course. All expenses - in particular bank charges - in connection with the payment of the course booked with LMB shall be borne exclusively by the customer.
6.6 The customer may only set off such counterclaims that have been legally established or expressly acknowledged by LMB, as well as in the case of LMB's insolvency. Statutory rights of retention shall not be affected by this point of the contract.
6.7 Default of payment shall occur without further notice by LMB. In the event that the customer is in default of payment, LMB shall be entitled to charge the customer the statutory default interest and all additional costs and expenses incurred, in particular collection or legal fees. In the case of outstanding claims, LMB may set off payments made by the customer against the customer's outstanding claims as it sees fit, irrespective of any dedication by the customer. In case of non-payment of a claim, all other claims against the customer shall also be due immediately.
6.8 The place of performance for all obligations to be fulfilled by both LMB and the customer shall be the place of LMB's registered office.
§ 7 Performance
7.1 The customer has to be present for the provision of services at the meeting place of LMB or at another place in the ski school area announced by LMB in due time before the beginning of the course.
7.2 LMB reserves the right to change the meeting point of the courses at short notice. In these cases, the customers will be informed by LMB.
7.3 LMB reserves the right to take a fever measurement of each customer before the beginning of each ski course day in compliance with data protection regulations and to exclude the customer from the lessons at its own discretion in case of increased temperature, fever or other clear signs of contagious diseases (e.g.: COVID-19), which may pose a risk for other ski course participants as well as for instructors and support staff. In these cases, the customer is entitled, at his discretion, either to a pro rata refund of a fee already paid or to the issuance of a corresponding credit note.
7.4 LMB undertakes to use only teaching or childcare staff qualified for the respective service.
§ 8 Limitation of liability
8.1 In connection with the courses offered, LMB does not assume any guarantee for the training success of the course participants.
8.2 With the exception of personal injury, LMB shall not be liable for damages unless the damages are due to intentional or grossly negligent conduct on the part of LMB itself or a person attributable to it and the conduct causing the damage does not concern the main obligations arising from the contract concluded.
8.3 LMB shall not assume any liability for damage caused by the customer to himself or to other persons during the performance of the agreed service through no fault of LMB or caused to him by them.
8.4 Irrespective of fault, LMB shall not be liable for loss of profit, pure financial losses and consequential losses, insofar as these exceed 3 times the service fee.
8.5 It is pointed out to the customer that the non-wearing of a crash helmet in case of injuries can constitute a contributory negligence of the customer, which is why the customer is recommended to wear a crash helmet as well as further safety equipment recommended for the respective booked service (e.g. avalanche transceiver in case of trips in open terrain) or to carry it in case of avalanche equipment. Crash helmets and safety equipment usually reduce the risk of injury.
8.6 It is expressly stated that the practice of snow sports is associated with numerous risks and in particular during tours or descents in open terrain there is an increased risk of injury or even death, in particular also due to avalanches, which cannot be completely excluded.
8.7 The customer acknowledges that a rescue from slopes or in open terrain is often associated with high costs. The customer is therefore advised to take out appropriate insurance, especially since LMB is not liable for rescue and air rescue costs, unless LMB or a person attributable to it has caused these rescue and/or air rescue costs through intentional or grossly negligent conduct.
§ 9 Duties of the customer
9.1 The customer has to inform LMB truthfully and comprehensively about his abilities and experience in the respective snow sport booked as well as to take care independently for an equipment corresponding to the state of the art of skiing and the external conditions. The customer shall inform LMB about any health problems or impairments.
9.2 Furthermore, the customer undertakes not to participate in the ski course in case of feverish infections, contagious diseases as well as in case of illnesses accompanied by diarrhea and vomiting. Especially in case of COVID-19 symptoms (fever, dry cough, fatigue, respiratory problems, etc.) the customer is obliged to refrain from participating in the ski course. If the customer has booked a group course, he/she may exercise the right of withdrawal provided for in point 4.4 of these GTC upon presentation of a medical certificate.
9.3 Before the start of the lessons, the customer must independently arrange for his ski equipment (in particular ski bindings) to be checked by a specialist company.
9.4 The customer has to follow the instructions of LMB, the instructors and the supervisors. Disregard of instructions and admonitions entitle LMB to immediately terminate the contract. This also applies if customers show improper behavior, especially towards other course participants.
§ 10 Privacy policy
10.1 More detailed information can be found in the data protection declaration of LMB, which is available at https://www.skischule-zellamsee.com/data-protection.php?lang=deu.
§ 11 Other provisions
11.1 Verbal collateral agreements to these GTCs do not exist. Subsidiary agreements of any kind whatsoever, amendments or supplements must be made in writing in order to be effective. This shall also apply to any waiver of this written form requirement.
11.2 For all disputes arising from legal transactions based on these GTC, the applicability of substantive Austrian law, excluding Austrian private international law, shall be deemed agreed.
11.3 If the customer is an entrepreneur or consumer domiciled outside the area of application of the EuGVVO or the Lugano Convention (these are all countries with the exception of the EU member states, Switzerland, Norway and Iceland), the factually and locally competent court at the registered office of LMB is agreed as the exclusively competent court for all legal disputes arising from or in connection with these General Terms and Conditions and/or contracts between LMB and the customer concerning the provision of ski school services.
11.4 Insofar as the customer is a consumer domiciled within the EU or the area of application of the Lugano Convention, the statutory provisions on jurisdiction shall apply.
11.5 If one or more of the provisions of these General Terms and Conditions is/are invalid, such legally valid provisions shall be expressly agreed between LMB and the customer as come closest to the economic purpose of the invalid provision. The validity of the remaining provisions shall not be affected by a void provision.
11.6 All rights and obligations arising from these GTC shall pass to any legal successors of LMB.