Terms of Service | winter

The non-profit association Freizeit Para-Special-Outdoorsports, hereinafter referred to as Verein, is the organizer of snow sports activities for people with disabilities.

§1 General information

• a) The following conditions exclusively regulate the legal relationship between you as a customer (contractual partner) and between the association as organizer of the winter sports activities.
• b) Should a provision of the GTCs be or become invalid or the agreement contain a gap, the legal validity of the remaining provisions shall remain unaffected. The effective provisions shall be replaced by provisions which come closest to the economic purpose of the invalid provision in a legally permissible manner.
• c)No oral agreements have been made. Changes or additions to these General Terms and Conditions must be made in writing. This also applies to an amendment of these provisions, their consensual repeal or waiver thereof.

§ 2 Contract

• a) You can register in writing, by telephone, e-mail or in person. It will be confirmed by us by telephone, e-mail or in writing and is therefore binding.
• b) The exact services can be found in the respective detailed information.
• c) The association reserves the right to accept or reject booking requests after an examination without giving reasons.
• d) The contractual partner must inform the association in detail about his disability, physical and mental abilities, the state of health, possible suffering and any resulting possible risks.
• e) Approximately 20 minutes of the first session will be used to collect personal data, disability and peculiarities. This also applies to regular customers.
• f) The contractual partner books the level of a standard ski instructor
• g) The booking division is incumbent on the association. There is no legal claim to a specific ski instructor. It may be possible that the ski caretaker assignment changes at short notice.
• h) The club likes to note down preferences for ski instructors (male, female,…). We can try to take this into account in the classification, but NOT promise. Here, too, changes may occur at short notice after the classification.
• i) If the contractual partner has a special training request, this is linked to the following conditions.
  • i. Trainer request costs 50 % surcharge
  • ii. There is no legal claim to booked trainers. If, due to certain circumstances (illness, injury, termination,…) it is not possible to fulfil the trainer’s wishes, it is the club’s responsibility to appoint another trainer. The surcharge of 50% will be refunded in this case. If the contract partner wants to cancel the booking in this case, the regular cancellation conditions (calculated on the basic price) of Leisure PSO are applied.
  • iii. We also strongly recommend that you take out travel cancellation insurance if you wish to become a trainer.
• j) It is incumbent on the club to change the venue as well as the meeting point (in case of weather influences, force majeure,…). Costs resulting from this cannot be charged to the association. The contracting party expressly and legally acknowledges this.
• k) Should it not be possible for the association to carry out the skiing units due to force majeure, weather conditions or other circumstances (e.g. lack of staff, short-term staff shortage, exploding prices of our partners such as lift pass prices, etc.), the association is entitled to withdraw from this contract. Costs incurred as a result (hotel, travel costs,…) cannot be charged to the association. The contracting party acknowledges this explicitly and legally binding.
• l) Should it not be possible for the association to maintain the offered price due to inflation, the association is entitled to adjust it at short notice. In this case, the contractual partner is entitled to withdraw from the contract. Costs incurred as a result (hotel, travel costs, etc.) cannot be charged to the association. The contracting partner acknowledges this explicitly and legally binding.

§ 3 Cancellation terms

• a) If the contractual partner terminates the contractual relationship prematurely, the contractual partner is obliged to pay the following fees:
  • Cancellation up to 5 months before the start of the course requires 20% of the course fee.
  • Cancellations made between 5 months and 3 months prior to the start of the course must be paid 30 % of the course fee.
  • Cancellations made between 3 months and 1 month before the start of the course are subject to 60 % of the course fee.
  • Cancellations made between 1 month and 1 week before the start of the course are subject to 80% of the course fee.
  • Cancellations made in the last week before the course starts are subject to 100% of the course fee.
• b) The association recommends the conclusion of a travel cancellation insurance.

§ 4 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 association completely harmless in this respect. The association cannot be held liable for costs resulting from missing or inadequate insurance.

§ 5 Payment

As soon as the booking has been confirmed by the club, a deposit has to be paid. The remaining fee is then due at the latest 6 weeks before the start of the service. If the receipt of payment is not complete by then, the club allows itself to withdraw from the contract under the known cancellation conditions.

§ 6 Cancelation

• a) The association reserves the right to withdraw from the contract in special cases. At the same time, he is then obliged to reimburse payments made. Costs resulting from this cannot be charged to the association. The contracting party expressly and legally acknowledges this.
• b) Should it not be possible for the association to carry out the skiing units due to force majeure, weather conditions or other circumstances (e.g. lack of staff, short-term staff shortage, skyrocketing prices of our partners such as lift pass prices, etc.), the association is entitled to withdraw from this contract. At the same time, it is then obliged to refund all payments made. Costs incurred as a result (hotel, travel costs,…) cannot be charged to the association. The contractual partner acknowledges this explicitly and legally binding.
• c) Should it not be possible for the association to maintain the offered price due to inflation, the association is entitled to adjust the price at short notice. In this case, the contractual partner is entitled to withdraw from the contract. At the same time, the association is then obliged to refund all payments made. Costs incurred as a result (hotel, travel costs, etc.) cannot be charged to the association. The contracting partner acknowledges this explicitly and legally binding.

§ 7 Responsibility

• a) The club tries to make skiing as safe as possible by means of ski attendants, handicapped specific equipment etc. However, skiing is still a sport with a risk of injury (e.g. falls, other skiers,…). The association assumes no liability whatsoever for accidents and coincidences.
• b) The contracting party hereby agrees to indemnify and hold the club and the ski attendant harmless in all respects and exempts the club from all liability claims. This includes all direct and indirect damages as well as unlawful claims that the participant, heirs or other third parties could assert due to injuries suffered or in the event of death. Furthermore I release the organizers, coaches and helpers from any liability towards third parties, as far as these third parties suffer damages as a result of a participation in skiing. I am aware that participation in skiing involves risks and that the risk of serious injuries, including fatal accidents and property damage, cannot be ruled out. By paying the deposit or the course fee, the participant finally declares that this waiver, indemnity and commitment declaration has been read carefully and in detail and expressly agrees with its contents.

§ 8 Final clause

The legal relationship between the association and the contractual partner is governed by Austrian law. The place of jurisdiction is Schladming.
By booking or paying the deposit or the course fee the participant finally declares to have read and understood the terms and conditions point by point and to expressly agree with their contents.