Terms of Service | summer
The non-profit association Freizeit Para-Special-Outdoorsports, in the succession briefly called association, acts as organizer of individual vacation, sport and leisure activities.
§ 1 General information
The following conditions regulate exclusively the legal relations between them as participants (contracting parties) and between the club as organizer of individual holiday, sport and leisure activities.
These AGB´s apply exclusively to the events where the club acts as an organizer. This means for all program items which the club carries out independently and without other service providers and therefore does not act as an intermediary. The “AGB´s Freizeit Para-Special-Outdoorsports Vermittler – Sommer” applies to all events where the club acts as an agent for holiday, sports and leisure services and cooperates with other service providers. By concluding the contract they agree to be responsible for all contractual obligations both for themselves and for the participants registered by you. The contract is only concluded when this AGB´s has been signed.
Should any provision of AGB´s be or become invalid, or should the agreement contain a loophole, the legal validity of the remaining provisions shall remain unaffected. The effective provisions shall be replaced by such provisions that come closest to the economic purpose of the invalid provision in a legally permissible manner.
Oral agreements have not been made. Changes or additions to this AGB´s must be made in writing. This also applies to a change of these regulations, their consensual cancellation or the renunciation of these.
These conditions of participation and information apply to the club as a holiday, sports and leisure activity organiser.
§ 2 Contract
After the booking, which can be made in writing or verbally to the club, the club offers the conclusion of an event contract for such recreational services, which the club carries out independently without a service provider. The contract is only concluded after the club has sent the contract partner a declaration of acceptance in the form of an invoice and the contract partner has signed the invoice and the AGB´s of the club. By signing the invoice, the contractual partner acknowledges that he has read, understood and accepted the AGB´s of the association as the contents of the contract.
The association reserves the right to accept or reject booking requests after an examination without giving reasons.
The exact services can be found in the respective detailed information. The association reserves the right to make changes to the programme at short notice; the contractual partner acknowledges this explicitly and in a legally binding manner.
§ 3 Liability
The club tries to make the offered events as safe as possible. The club assumes no liability whatsoever for accidents and coincidences.
Disclaimer
By signing this agreement, I (the contractual partner) hereby agree to indemnify and hold harmless the club and its supervisors in all respects and hold the club harmless from any and all liability claims. Included in this are all direct and indirect damages as well as claims above the law which I (participant or guardian) or my heirs or other third parties could assert due to injuries suffered or in the event of death. Furthermore I indemnify the club, the supervisors and the helpers from any liability towards third parties as far as these third parties suffer damages as a result of participating in the summer program. I am aware that participation in general and in active sports involves risks and that the risk of serious injuries, including fatal accidents and damage to property, cannot be excluded. The participation takes place on own risk. With my signature on this AGB´s I finally declare that I have read and understood this declaration of waiver, indemnity and commitment carefully and in detail and that I expressly agree with its contents.
The association is also not liable for the consequences of force majeure within the scope of this contract.
With my signature on this AGB´s I confirm that I have understood the disclaimer and expressly agree that I (or my child / ward) participate in the booked activities under the above conditions.
§ 4 Duty to provide information
The participant or his/her legal guardian is obliged to provide sufficient, comprehensive, complete and timely information about the disability and to write down all important information. We need this information in order to be able to carry out the programmes as safely as possible. In the case of group bookings, the contractual partner is obliged to inform himself sufficiently, comprehensively and completely about the individual conditions of the participants booking with him and to hand over this information to the association in good time, at the latest on arrival.
§ 5 Health risks
As a participant/contractual partner, you are obliged to inform your doctor about your individual risks, corresponding to your personal state of health, and in the event of risks and concerns of any kind relating to one or more of the booked activities, to skip the corresponding programme items on your own responsibility. In the event of risks and concerns on your part or on the part of your doctor, you must inform us unasked and in good time, at the latest, however, on your arrival. The same applies to all participants registered by them. In the case of minors and underage participants, the legal representatives are obliged to fulfil the above points.
§ 6 Underage or Minor Participants
In the case of underage participants, the legal representative of the participant is the contracting party. The legal representative is obliged to fulfill every single point of this AGB´s as well as to accept it legally binding for his ward by his signature at the end of the AGB´s.
§ 7 Registration of groups or more than one person
If groups or more than one person are registered, the contractual partner of the association is the booking organisation or, in the case of private persons, the booking person. By signing the contract on our invoice and on our AGB´s you commit yourself to obtain the legally binding declaration of consent of all persons (participants/coaches/etc.) to all booked services from you at the time of booking. You commit yourself to go through our AGB´s point by point, in particular § 3 “Liability” and § 4 “Health risks”, with this or the legal guardian, to ensure that AGB´s is understood in detail and accepted as part of the contract. Only then, they may call us the person as a participant. In case of non-acceptance of AGB´s you are not allowed to name the person as a participant. The association does not assume any liability whatsoever for any omissions of the contractual partner in this regard.
§ 8 Insurance
The contracting party is responsible for taking out appropriate insurance for accidents and coincidences of any kind that may occur before, during or after participation and undertakes at the same time to indemnify and hold the club completely harmless in this respect. The club cannot be held liable for costs resulting from a lack of or inadequate insurance.
§ 9 Payment
For all sports and leisure activities organised by the club, a down payment is due upon registration. The balance is due 6 weeks before the start of the first booked service at the latest. If the customer does not make the down payment and/or the balance payment according to the agreed payment due dates, the club is entitled to withdraw from the contract after a reminder with setting of a deadline and to charge the customer with cancellation costs in accordance with § 10 Cancellation Conditions.
§ 10 Cancellation conditions
If the contract partner terminates the contract prematurely, the contract partner is obliged to pay the following fees to the association: For cancellations up to 5 months before the beginning of the holiday, 20 % of the course fee is due. Cancellation between 5 months and 3 months before the course starts 30 % of the course fee is due. For cancellations between 3 months and 1 month before the course starts, 60% of the course fee is due. For cancellations between 1 month and 1 week before the course starts, 80% of the course fee is due. For cancellations from the last week before the start of the course, 100% of the course fee is due.
The association recommends taking out travel cancellation insurance.
§ 11 Cancellation
If the minimum number of participants of 5 persons is not available until 4 weeks before the beginning of the holiday, the club is entitled to withdraw from this contract.
If no suitable care can be offered due to the care and nursing situation of the participant, the association is entitled to withdraw from this contract.
If the booked service can be cancelled for other important reasons (e.g. absence of the supervising employee, bankruptcy of the accommodation, concerns regarding the safety of the participant, concerns regarding the sufficient nursing care of the participant, inadequate or faulty care of the participant), the club is entitled to withdraw from this contract.
If the booked service cannot be carried out by the club for other important reasons (e.g. loss of the supervising employee, bankruptcy of the accommodation, concerns regarding the safety of the participant, concerns regarding the adequate nursing care of the participant, inadequate or incorrect information in the participant information form, etc.), the club is entitled to withdraw from the contract.
In the case of a withdrawal, the club is obliged to refund all payments made. Costs incurred by the withdrawal cannot be charged to the association. The contractual partner acknowledges this expressly and in a legally binding manner.
Should it not be possible for the club to carry out all or individual programme items due to force majeure and weather influences, the club is entitled to carry out another programme. If this is not possible, the club is entitled to withdraw from the contract. The club cannot be charged with any costs arising from the change of programme or the withdrawal. The contract partner acknowledges this explicitly and in a legally binding manner.
§ 12 holiday camps with 24h supervision
Sometimes there are limits to our support. We reserve the right to examine the possibility of registration separately and individually after receipt of the participant information form. Among other things, we cannot take care of people 24 hours a day who have epilepsy, who are dependent on respiration and tube feeding, who need night watch and repositioning, who cannot communicate sufficiently at night, who have to sit in their wheelchairs for transport in a vehicle, etc.
§ 13 Final provisions
The legal relationship between the association and the contracting parties is governed by Austrian law. The place of jurisdiction shall be Schladming.
The non-profit association Freizeit Para-Special-Outdoorsports, hereinafter referred to as Verein, acts as an agent for individual holiday, sports and leisure activities.
§ 1 General
The following conditions regulate exclusively the legal relations between them as participants (contractual partners) and between the club as mediator of the vacation, sport and leisure activities.
A contractual relationship with the respective service providers and not with the club will be established separately upon conclusion of the contract.
The AGB´s of the respective service providers listed in § 12 are expressly recognised by you by signing this AGB´s when concluding the contract. By concluding the contract, you agree to be responsible for all contractual obligations both for yourself and for the participants registered by you. The contract only comes into effect when this AGB´s is signed.
Should a provision of AGB´s be or become invalid or the agreement contains a loophole, the legal validity of the remaining provisions shall remain unaffected. The effective provisions shall be replaced by such provisions that come closest to the economic purpose of the invalid provision in a legally permissible manner.
Oral agreements have not been made. Changes or additions to this AGB´s must be made in writing. This also applies to a change of these regulations, their consensual cancellation or the renunciation of these.
These conditions of participation and information apply to the club as a holiday, sport and leisure activity agent.
§ 2 Contract
After the booking, which can be made in writing or verbally to the club, the club offers the conclusion of a mediation contract for the mediation of an external leisure service. The contract is only concluded after the club has sent the contractual partner a declaration of acceptance in the form of an invoice and the contractual partner has signed the invoice and the AGB´s of the club. With his signature, the contracting party acknowledges that he has read, understood and accepted the AGB´s of the association as part of the contract. Furthermore, the contractual partner today already explicitly and legally acknowledges that the AGB´s of the respective service provider is valid for a mediation and undertakes today to inform himself of this AGB´s.
The exact services can be found in the respective detailed information. The association reserves the right to make changes to the programme at short notice; the contractual partner acknowledges this expressly and in a legally binding manner.
§ 3 Liability
Information about brokered services is based exclusively on information provided to us by the responsible service provider.
The contractual obligation of the association is the proper mediation of the booked leisure services. The proper provision of the booked leisure services therefore does not represent any obligation of the association whatsoever.
Within the scope of the arranged leisure services, the association does not assume any liability whatsoever for the respective service provider, but is only liable for the proper arrangement of the leisure service and for the proper passing on of the information of the respective service provider to the contractual partner.
The liability of the association towards the contractual partner for the correctness of the information provided by the service provider is also excluded, unless the association transmits this information in a grossly negligent or deliberate wrong manner.
The association is also not liable within the scope of this contract for the consequences of force majeure.
Disclaimer
Disclaimer for brokered services such as rafting, diving, horse riding, carriage riding, high ropes course, summer tobogganing, climbing, via ferrata and others.
With my signature I (contractual partner) hereby agree to indemnify and hold harmless the club (agent), the respective service provider (organizer) as well as the caretakers in every respect and exempt the club and service provider from all liability claims. Included in this are all direct and indirect damages as well as claims above the law which I (participant or guardian) or my heirs or other third parties could assert due to injuries suffered or in the event of death. Furthermore, I release the club, service providers, supervisors and helpers from any liability towards third parties if these third parties suffer damages as a result of participating in the summer program. I am aware that participation in general and in active sports involves risks and that the risk of serious injuries, including fatal accidents and damage to property, cannot be excluded. The participation takes place on own risk. With my signature on this AGB´s I finally declare that I have read and understood this declaration of waiver, indemnity and commitment carefully and in detail and that I expressly agree with its contents.
The association is also not liable for the consequences of force majeure within the scope of this contract.
With my signature on this AGB´s I confirm that I have understood the disclaimer and expressly agree that I (or my child / ward) participate in the booked activities under the above conditions.
§ 4 Obligation to inform
The participant or his/her legal guardian is obliged to provide sufficient, comprehensive, complete and timely information about the disability and to write down all important information. We need this information in order to be able to carry out the programmes as safely as possible. In the case of group bookings, the contractual partner is obliged to inform himself sufficiently, comprehensively and completely about the individual conditions of the participants booking with him and to hand over this information to the association in good time, at the latest on arrival.
§ 5 Health risks
As a participant/contractual partner, you are obliged to inform your doctor about your individual risks, corresponding to your personal state of health, and in the event of risks and concerns of any kind relating to one or more of the booked activities, to skip the corresponding programme items on your own responsibility. In the event of risks and concerns on your part or on the part of your doctor, you must inform us unasked and in good time, at the latest, however, on your arrival. The same applies to all participants registered by them. In the case of minors and underage participants, the legal representatives are obliged to fulfil the above points.
§ 6 Underage or Minor Participants
In the case of underage participants, the legal representative of the participant is the contracting party. The legal representative is obliged to fulfill every single point of this AGB´s as well as to accept it legally binding for his ward by his signature at the end of the AGB´s.
§ 7 Registration of groups or more than one person:
If groups or more than one person are registered, the contractual partner of the association is the booking organisation/company or, in the case of private persons, the booking person. By signing the contract on our invoice and on our AGB´s you commit yourself to obtain the legally binding declaration of consent of all persons (participants/coaches/etc.) to all booked services from you at the time of booking. You commit yourself to go through our AGB´s point by point, in particular § 3 “Liability” and § 4 “Health risks”, with this or the legal guardian, to ensure that AGB´s is understood in detail and accepted as part of the contract. Only then, they may call us the person as a participant. In case of non-acceptance of AGB´s you are not allowed to name the person as a participant. The association does not assume any liability whatsoever for any omissions of the contractual partner in this regard.
§ 8 Insurance
The contracting party is responsible for taking out appropriate insurance for accidents and coincidences of any kind that may occur before, during or after participation and undertakes at the same time to indemnify and hold the club completely harmless in this respect. The club cannot be held liable for costs resulting from a lack of or inadequate insurance.
§ 9 Payment
For all sports and leisure activities organised by the club, a down payment is due upon registration. The balance is due 6 weeks before the start of the first booked service at the latest. If the customer does not make the down payment and/or the balance payment according to the agreed payment due dates, the club is entitled to withdraw from the contract after a reminder with setting of a deadline and to charge the customer with cancellation costs in accordance with § 10 Cancellation Conditions.
§ 10 Cancellation conditions
If the contract partner terminates the contract prematurely, the contract partner is obliged to pay the following fees to the association: For cancellations up to 5 months before the beginning of the holiday, 20 % of the course fee is due. Cancellation between 5 months and 3 months before the course starts 30 % of the course fee is due. For cancellations between 3 months and 1 month before the course starts, 60% of the course fee is due. For cancellations between 1 month and 1 week before the course starts, 80% of the course fee is due. For cancellations from the last week before the start of the course, 100% of the course fee is due.
The association recommends taking out travel cancellation insurance.
Cancellation due to Covid-19 measures and restrictions: 50% of the otherwise usual cancellation costs.
§ 11 Withdrawal
If the minimum number of participants of 5 persons is not available until 4 weeks before the beginning of the holiday, the club is entitled to withdraw from this contract.
If no suitable care can be offered due to the care and nursing situation of the participant, the association is entitled to withdraw from this contract.
If the booked service cannot be carried out by the association for other important reasons (e.g. absence of the supervising employee, bankruptcy of the accommodation, concerns regarding the safety of the participant, concerns regarding the sufficient nursing care of the participant, inadequate or incorrect information in the participant information form, etc.), the association is entitled to withdraw from the contract.
In the case of a withdrawal, the club is obliged to refund all payments made. Costs incurred by the withdrawal cannot be charged to the association. The contractual partner acknowledges this expressly and in a legally binding manner.
Should it not be possible for the club to carry out all or individual programme items due to force majeure and weather influences, the club is entitled to carry out another programme. If this is not possible, the club is entitled to withdraw from the contract. The club cannot be charged with any costs arising from the change of programme or the withdrawal. The contractual partner acknowledges this expressly and in a legally binding manner.
§ 12 Service Provider
Rafting: Rafting company Auer Adventure: Reinhard Auer, r.t.g@gmx.at, +43 (0) 664 2566799 and Dachstein-Tauern-Adventure: Martin Seebacher, mseeba-cher@sbg.at, +43 (0) 676/6370970; Kajaktiv, Helmut Knauss, info@kajaktiv.at, +43 (0) 650/4214383; Diving: Diving instructor Thomas Hackl: info@thomas-hack.at, +43 (0) 664/3527816; Riding: Zechmannhof, stocker@zechmannhof.at, +43 (0) 3687/81476; high ropes course & summer tobogganing: Rittis Lift Engelhardt GmbH & Co KG, info@rittisberg.at, +43 (0) 3687/81776; swimming pool: Erlebnisbad Schladming GmbH, in-fo@erlebnisbad-schladming.at, +43 (0) 3687/23271; mountain railways: Dachstein-Gletscherbahn Ramsau, dach-stein@planai.at, +43 (0) 3687/22042810 and Planai-Hochwurzen-Bahnen GmbH, office@planai.at, +43 (0) 3687/220420, Hauser Kaibling Seilbahn- und Lift-ges.m.b.H. & Co KG, office@hauser-kaibling.at, +43 (0) 3686/30300, Reiteralm Bergbahnen GmbH & Co. KG, info@reiteralm.at, +43 (0) 6454/73570; Therapy dog: Christa Haider, +43 (0) 664/4200030, christi-ne.haider12@gmail.com; Elisabeth Taxacher, +43 (0) 664/5436176; Mountain guide: state-certified mountain guide Andreas Fischbacher, fischi@sol.at, +43 (0) 664/1847262; Accommodation: Various accommodations are available. Details of the accommodation will be communicated to the contract partner at the time of booking.
We reserve the right to cooperate with other service providers at short notice. We will inform you of this in good time and announce the contact of the new service provider.
§ 13 Final provisions
The legal relationship between the association and the contracting parties is governed by Austrian law. The place of jurisdiction shall be Schladming.
