Silbertal
Vandans
Tschagguns
Schruns
Gargellen
St Gallenkirch
Gortipohl
Gaschurn
Partenen
General Terms and Conditions (GTC)
for the use of services by
Mr Gebhard Pfefferkorn - [Austrian Ski Guide] (hereinafter referred to as ski instructor)
10) Final Provisions
9) Legal validity
8) Jurisdiction,
place of performance,
choice of law
7) Insurances
6) Liability, Warranty
5) Participation Conditions
4) Cancellation, withdrawal
3) Prices, payment
2) Registration, conclusion of the contractual relationship, implementation
1) General Information & Scope of Application
gtc
Unless explicitly agreed otherwise in a formal written agreement, these General Terms and Conditions
hereinafter referred to as "GTC") shall govern and apply to all transactions and interactions between Mr. Gebhard Pfefferkorn
(hereinafter referred to as the "Ski Instructor") and any individual utilizing the services provided by Mr. Gebhard Pfefferkorn in his
capacity as a ski instructor, ski guide, cross-country skiing instructor, or snowboard instructor
(hereinafter referred to as "Customer" or "Guest").
These GTC also encompass all deliveries and services rendered by the Ski Instructor based on online orders via the internet or through any other online platforms. The version of the GTC that is in effect at the moment of contract formation shall be deemed authoritative. Any deviations, modifications, supplementary provisions, or the (partial) exclusion of these General Terms and Conditions shall require
written form to be enforceable and must be duly executed by both parties. The same stipulation applies to any waivers of the requirement
or written form. The scope of the business includes operations conducted under the comprehensive ski instruction license
issued by the state of Vorarlberg. Specifically, this encompasses services such as imparting instructional training in the skills and knowledge pertinent to snow sports, particularly skiing, snowboarding, and cross-country skiing (notwithstanding the lack of a guarantee for specific training outcomes), alongside the guidance and accompaniment of individuals engaging in snow sports activities, specifically skiing, snowboarding, and cross-country skiing.
It is imperative to note that any references to natural persons articulated solely in the masculine form shall be understood to encompass individuals of all genders.
The contracting party for all intents and purposes shall be Mr. Gebhard Pfefferkorn, a licensed and state-certified diploma ski instructor
and ski guide, located at Anna Plangg Weg 11, A-6773 Vandans; with telephone contact at +43 6776 4399 757 or via
electronic mail at hello[at]austrian-ski.guide.
These General Terms and Conditions have been duly communicated to the Guest. The Guest hereby acknowledges that they have read, comprehended, and consented to the stipulations contained herein. In addition, these terms and conditions are perpetually
accessible on the Ski Instructor's official website (https://austrian-ski.guide), where they may be retrieved, stored, and printed at the Guest's discretion.
Booking inquiries for snow sports courses, snow sports guiding, snow sports coaching, and snow sports training may be conducted via the internet, through electronic mail, utilizing an online form, directly with the ski instructor, or by telephone. The ski instructor retains
the discretion to accept or decline such inquiries.
The booking/reservation and thus the contractual relationship shall only be established upon the issuance of a written booking
confirmation via email by the ski instructor. In instances where an advance payment has been mutually agreed upon, the contractual relationship shall only come into effect upon the actual receipt of such payment by the ski instructor (suspensive condition).
The contracting party shall be deemed to be the ordering party, even if such party is making the booking on behalf of other named individuals. Multiple ordering parties shall be jointly and severally liable to the ski instructor, as shall any individuals who may subsequently enter into the contract.
The scope of services is outlined in the program description and in the registration confirmation. These descriptions reflect the intended
course of events. Changes may occur at any time due to external influences such as weather conditions, snow circumstances, avalanche situations, transport issues (e.g., lift systems or road closures), hotel overbookings, and similar factors. The ski instructor shall have the right to adjust the event program in accordance with the prevailing circumstances. This fact shall not entitle the guest to free cancellation or price reduction.
The ski instructor shall endeavor to personally conduct all tours, courses, and training sessions. In the event of illness, accident, unforeseen circumstances, and the like, the ski instructor reserves the right to commission another ski instructor, ski guide, or mountain guide to fulfill the contractual obligations. Such circumstances shall not confer upon the guest the right to free cancellation or price reduction.
Should the ski instructor be unable to organize a suitable replacement for his person, the course shall be canceled, and the contractual relationship will be unwound and terminated. In such an event, regardless of the guest's reasoning, no claims shall arise on the part of the guest against the ski instructor.
Certain events may have minimum and maximum participant numbers. Such numbers can be inquired about at the time of booking/registration or may be derived from the program descriptions. The ski instructor reserves the right to make a decision
post-registration deadline regarding whether an event shall take place or be canceled. In the event of cancellation, participants will be informed. Participants shall have no claims of any nature against the ski instructor on any legal grounds whatsoever. With the consent and agreement of all participants, the program may be adjusted (e.g., through reductions in services or increases in fees). Guests do not possess any entitlement to such modifications.
Guests possess no legal right to an extension of the ski instructor's services (e.g., event, course, etc.).
Guests shall not be entitled to any right of dissolution, termination, or withdrawal. Exceptions shall only apply in cases of differing
regulations set forth in these general terms and conditions, such as cancellation policies, as well as those mandatory statutory rights of dissolution, termination, and/or withdrawal. For end consumers, the withdrawal rights specified in § 3 of the
Consumer Protection Act (KSchG) shall expressly apply. When booking via distance selling methods, namely by telephone, email, chat platforms, or the internet, consumers, as defined under the KSchG, are granted a statutory right of withdrawal within 14 days in accordance with the Distance and Out-of-Premises Transactions Act (FAGG). Should the customer wish for the services contracted to commence prior
to the expiration of the withdrawal period, this shall simultaneously authorize the ski instructor to commence work and services immediately. The customer acknowledges that by doing so, they shall forfeit the right of withdrawal under the FAGG, and all contractual provisions shall become legally effective upon acceptance of the contract.
The client is entitled to withdraw from the concluded contract upon payment of the cancellation fees specified below.
Cancellations may be made in writing via the following methods:
By email: hello[at]austrian-ski.guide
By post: Gebhard Pfefferkorn, Anna Plangg Weg 11, A-6773 Vandans.
In the event of a cancellation by the guest, the ski instructor is entitled to charge the following cancellation fees:
- Up to 14 days before the start of the booked service: Free of charge.
- From 14 days before the start of the service or during the booked service: 100 percent of the agreed total fee.
This also applies in the event of non-utilization—regardless of the reason—of the booked service.
The aforementioned deadlines also apply in the case of partial cancellations of the booked service.
The decisive factor is the receipt of the withdrawal declaration by the ski instructor.
Should the ski instructor be entitled to 100% of the agreed total fee, the ski instructor shall deduct any savings incurred due to the non-utilization of his services or any compensation received through alternative assignments. The burden of proof regarding the savings lies with the client.
Refunds for payments already made are only possible in cases of accident or illness, accompanied by a medical certificate from a
physician. Only unused days (the difference amount) shall be refunded.
Cancellations due to weather-related influences (force majeure) or shutdowns of lift facilities shall not be compensated.
On-piste ski courses will take place in all weather conditions. Courses are non-transferable, and unused ski days will be forfeited.
Should costs have already been incurred at the time of withdrawal that exceed the advance payment or the cancellation amount,
these costs shall be charged to the guest. Any further claims (e.g., penalties, damages, etc.) shall remain unaffected and accrue
additionally to the ski instructor.
The client is advised to obtain appropriate cancellation insurance to cover any potential cancellation costs.
The ski instructor shall have the right, without the necessity of providing justification, to unilaterally withdraw from the contract no later than the 30th day prior to the beginning of the event and thereby cancel the booking. In such cases, the client shall have no claims of any kind—regardless of the legal basis—against the ski instructor. Furthermore, the ski instructor reserves the right to terminate the contract at
any time for important reasons without observing any deadlines and/or appointment dates (cancellation/withdrawal / termination).
An important reason shall particularly be deemed to exist if the guest violates essential contractual obligations, is in default of payment (including partial, advance, and/or installment payments), fails to make any partial, advance, and/or installment payment upon request by the ski instructor, if insolvency proceedings are initiated against the client's assets or if such proceedings are not initiated due to a lack of
assets sufficient to cover costs, if the client does not provide the necessary cooperation for the preparation and execution of the event, if the execution of the event becomes impossible, significantly more difficult, or economically unprofitable due to legal or administrative
prohibitions or measures, if the execution of the event cannot be carried out without risk, if the client seriously or repeatedly violates the ski instructor's directives, disrupts or endangers the smooth operation of the ski instructor's business and/or events, if the minimum number of participants for the ski instructor's events is not met, if the client, through reckless, offensive, or otherwise grossly improper behavior, makes
the meeting unpleasant for other guests and/or the ski instructor, or engages in a punishable act against property, morality, or physical
safety towards these persons, if the client becomes afflicted with a contagious disease or an illness that extends beyond the duration
of the contract or otherwise requires care, as well as in all cases of force majeure (e.g., weather conditions, strikes, war,
epidemics or pandemics, natural events, etc.).
Should there be public regulations in place that render the execution of the booking as intended at the time of registration impossible or economically unprofitable, or substantially more difficult (e.g., due to epidemics or pandemics), the ski instructor reserves the right to
withdraw from the contract or modify the booking or event. The guest will be promptly informed of this. The guest cannot derive any claims
or incurred expenses or other claims—regardless of the legal basis—against the ski instructor.
In general, in the event of withdrawal or termination by the ski instructor, the guest shall not be entitled to make any claims, especially for damages, against the ski instructor. Should the withdrawal occur for a reason attributable to the guest's sphere, the ski instructor shall be entitled to demand payment of at least the cancellation fees for non-attendance. The assertion of further claims, particularly for damages, remains expressly reserved.
The prices specified in the booking confirmation shall apply. Any costs associated with monetary transactions (e.g., transfer fees,
bank charges, etc.) shall be borne by the customer. The terms and conditions of the respective card companies shall apply to credit and
debit cards.
For day programs, unless expressly otherwise agreed upon, the expenses incurred by the ski instructor are included in the price.
For multi-day tours, such expenses (travel costs, overnight accommodation with half board, lift fees, or taxi costs, etc.) shall be borne by the guest. Exceptions will be specified in the tour description.
The prices quoted in catalogs, brochures, flyers, price lists, websites, etc., are – unless expressly stated otherwise in individual cases –
always non-binding and subject to change. Similarly, the prices for subsequent orders, additional requests, and the like are non-binding.
The use of lift facilities, equipment, materials, etc., is not included in the quoted prices.
The ski instructor reserves the right to adjust the contract in the event of obvious and verifiable calculation errors. The ski instructor
may require advance, partial, or full payments without the provision of reasons and invoice the same. As long as advance, partial, or full payments have not been made and/or security has not been provided, the ski instructor is released from the obligation to provide (further) services.
For day programs, generally no advance payment is required. Cash payment is also possible for day programs. For multi-day tours with overnight stays, a deposit of 20% of the total fee is required at the time of registration. The remaining balance must be credited to the ski instructor's account no later than 14 days before the start of the tour or the beginning of the service, failing which the ski instructor
reserves the right to withdraw from the contract. Upon registration, the guest shall receive an invoice from the ski instructor detailing the payment modalities and the invoice amount.
For rebooking initiated by the participant, the ski instructor explicitly reserves the right to charge a processing fee of €70.00.
The ski instructor is entitled to issue invoices to the guest electronically. The guest expressly agrees to receive invoices from the ski instructor
n electronic form. Unless expressly agreed otherwise, invoices from the ski instructor are due for payment within 10 days of receipt,
but no later than the commencement of the services, free of any fees or deductions. Compliance with the payment deadline constitutes an essential condition for the fulfillment of the contract.
Upon the expiration of the payment deadline, default shall occur without the need for a reminder. In the event of default in payment, default interest shall be charged at a rate of 9.2% over the base interest rate set by the Austrian National Bank per annum for corporate contractual partners, and at a rate of 4% per annum for consumers. Furthermore, the ski instructor shall be entitled to claim reminder fees (5% of the outstanding amount, but at least €20.00) and necessary and appropriate costs associated with the legal or judicial enforcement
of his claim.
The assertion of further damages due to default is reserved. In the event of default in payment, even with partial payments,
all remuneration, discounts, reductions, etc. shall be forfeited entirely – with respect to all payments already made or to be made later,
as well as any outstanding partial payments. In the case of default in payment, the ski instructor is entitled to declare all claims for services already rendered from ongoing business relationships with the customer due. In the event of an instalment agreement, default shall lead to immediate loss of the due date, thereby rendering the entire outstanding amount payable at once.
Payments received shall be applied first towards reminder/collection costs, then to any accrued interest, and subsequently to the oldest outstanding claim. This applies regardless of any potential designation of payment by the guest.
The ski instructor is not obligated to accept foreign currencies. If foreign currencies are accepted by the ski instructor, the guest assumes all associated costs, such as fees and charges.
The guest is not entitled to withhold payments – for any reason whatsoever – or to offset them against counterclaims unless such counterclaims have been expressly acknowledged by the ski instructor or legally determined by a court.
The guest is not entitled to assign claims and rights arising from the contractual relationship with the ski instructor without his express written consent.
If no substantiated written objection is raised against an invoice from the ski instructor within two months of receipt, such invoice shall be deemed approved.
The services rendered by the ski instructor may place significant demands on the equipment, as well as the physical fitness and skiing technique of the participant, irrespective of their skill level. Each guest is therefore required to ensure that they, or the participants for whom they have booked the course, only engage in the booked services utilizing properly maintained sporting equipment and the
customary safety gear prescribed. It is imperative that one realistically assesses their own capabilities.
The guest must accurately and comprehensively inform the ski instructor of their abilities and experience related to the booked snow sports activity. Additionally, the guest is required to provide full disclosure regarding their health status and any existing ailments.
The guest is hereby informed that failure to wear a helmet in the event of injuries may constitute contributory negligence of the participant, and it is therefore recommended that a fall helmet and any other safety equipment advised for the respective booked service be worn.
The instructions of the ski instructor must be followed strictly and accurately. Despite careful planning and diligence, accidents and
damages cannot be entirely excluded. Any form of movement in mountainous areas entails inherent risks. A considerable degree of caution, prudence, and personal responsibility is assumed from each participant. By registering or booking, the guest expressly confirms their
personal responsibility and accepts the risks associated with the booking.
The ski instructor disclaims any liability for accidents occurring before or after ski, snowboard, cross-country skiing lessons, or generally, any performance rendering.
Warranty and compensation claims from the guest against the ski instructor shall, subject to mandatory statutory provisions, be limited
to the invoice value in every case. The guest bears the burden of proof that the damage is attributable to negligence on the part of the ski instructor.
The ski instructor shall only be liable for damages—unless otherwise provided by mandatory legal regulations—in cases of intentional
conduct or gross negligence. The ski instructor’s liability for slightly negligent conduct is excluded. In relation to corporate clients, any
liability for grossly negligent conduct is also excluded.
The ski instructor disclaims all liability for the conduct of external parties, such as external organizers, other guests,
cable car employees, etc.
Any further compensation for damages, particularly for indirect damages, consequential damages, financial losses of third parties, and lost profits, is explicitly excluded, unless mandatory legal reasons dictate otherwise.
All liability exclusions also apply to claims against employees, representatives, and agents of the ski instructor arising from damages
they may cause to the customer.
If and insofar as the customer can claim insurance benefits for damages for which the ski instructor is liable, the guest agrees to prioritize the utilization of such insurance benefits.
The deadlines for asserting warranty and/or compensation claims by the customer are each 6 months. For warranty claims, this limitation period commences from the performance of the service or partial service; for compensation claims, from the knowledge of the damage and the damaging party. Claims for compensation shall be time-barred one year after the event giving rise to the claim (absolute limitation period).
The guest is liable to the ski instructor for any damage caused, regardless of any fault.
The ski instructor guarantees the guest that the booked service corresponds to the contract but does not guarantee any specific
results to the guest.
Participation in the offered programs is open to any individual who is physically fit and capable of meeting the associated requirements.
This will be assessed and discussed to the extent possible in advance. Should a guest be found not to meet the necessary criteria and prerequisites, the ski instructor reserves the right, in the interest of general safety and the safety of the guest, to exclude said guest from the event. In the event that the guest is unaccompanied, the ski instructor is entitled to implement an alternative program that is commensurate with the guest's skill level.
Furthermore, in cases where a guest is excluded from an event, the ski instructor is entitled to seek reimbursement equivalent to the cancellation fees applicable for non-attendance.
The procurement of all necessary travel documents is the sole responsibility of the guest.
The guest and/or the travelers shall be accountable for ensuring compliance with travel regulations and any applicable
health requirements.
The guest is obligated to promptly notify any changes regarding their name, delivery address, billing address,
email address, etc., in writing; otherwise, the delivery shall be deemed valid at the known address.
For the compliance with the stipulated requirement for written form, electronic data transmission via email shall suffice.
The guest agrees to assign all rights and obligations arising from this contract to any potential successors in title.
The guest waives any right to contest the contract—on any legal grounds—including, but not limited to, claims of error, the loss of
basis of the transaction, and reduction by more than half, or to assert defenses, on any grounds whatsoever, especially those cited herein.
The foregoing provisions shall apply to contracts with consumers as defined under the Consumer Protection Act (KSchG) only insofar as statutory regulations do not mandatorily prescribe alternative provisions.
Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions and the legal transaction as a whole.
The invalid condition shall be replaced by one that comes economically closest to the invalid condition.
The place of performance for all services rendered by the ski instructor, as well as those of the client,
shall be A-6773 Vandans/Montafon, unless a different destination has been expressly agreed upon in writing.
For any disputes arising from the contractual relationship, the exclusive jurisdiction shall be the competent court for A-6773 Vandans.
Furthermore, the ski instructor reserves the right to initiate proceedings at the general jurisdiction of the client as well.
The contract shall be governed exclusively by Austrian law, even in cases of orders or bookings made from or in foreign countries, with the exclusion of the Austrian Private International Law (IPRG), its conflict-of-law rules, and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The language of the contract shall be German.
It is explicitly stated that a guest is not insured by the ski instructor.
Therefore, it is strongly recommended that the guest procure adequate insurance coverage independently, particularly accident insurance, insurance for rescue costs including helicopter evacuation, accident-related expenses, etc.
Furthermore, the ski instructor recommends obtaining travel insurance that covers cancellations, delayed arrivals, or trip interruptions. In instances where third parties (such as brokers, hotel operators, etc.) handle the conclusion of the insurance, it is imperative to ensure that the services of the ski instructor are also included in the coverage.
At the very least for rescue costs, there are affordable alternatives available through alpine clubs and the Austrian mountain rescue service. The ski instructor also explicitly points out that the offered rescue cost insurances from lift operators may not cover helicopter rescues.
It is the responsibility of the guest to obtain precise information in this regard.
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