Terms & Conditions for Outdoor Event Organizer Mountain Sports Zillertal/Alpine
1. Scope of the Contract:
1.1. All legal matters between Mountain Sports Zillertal and the customer are governed exclusively by the following Terms & Conditions (hereafter referred to as “Terms”) in their most current form. Divergent provisions on the part of the customer are not recognized by Mountain Sports Zillertal, other than if Mountain Sports Zillertal has given its expressed written acceptance thereof. All other terms of business become null and void upon the appearance of these current Terms.
2. Conclusion of the Contract:
2.1 Mountain Sports Zillertal offers on its own behalf and on its own account recreational, sports and adventure services (hereafter referred to as “Events”) and also conducts these events itself. The event contract between Mountain Sports Zillertal and the customer is accomplished by means of (i) a reservation utilizing the online booking tool, through the Mountain Sports office in 6290 Mayrhofen, Hollenzen 75 or at Hauptstrasse 456, or through a Mountain Sports booking outlet (hotels, for example) and (ii) the subsequent reservation confirmation from Mountain Sports Zillertal, which also indicates the customer’s acceptance of the Terms at hand. The customer receives a reservation confirmation. Upon receipt of the reservation confirmation, the contract between Mountain Sports Zillertal and the customer is concluded.
2.2 The precise services which are included can be found in the adventure program on our website, as well as in the detailed information provided in our catalog.
3. Conditions of Participation in Events organized by Mountain Sports Zillertal:
3.1 The customer affirms that s/he brings to the selected event those psychological and physical qualifications as set forth in the website/catalog, in the detailed descriptions and in these Terms.
3.2 Customers impaired due to alcohol, drugs or medications are excluded from participation in the event. This provision also applies to those persons who are unable to follow instructions given by the guides.
3.3 The customer fully understands that events generally take place in the outdoors and are therefore susceptible to prevailing weather conditions. All events are led by certified and qualified guides. Equipment meets prevailing safety norms. Prior to the start of every event, the customer receives appropriate instructions from the guide, whilst also being made aware of the dangers and risks involved. Nevertheless, these and other risks cannot be excluded, since risks come in all shapes and forms.
3.4 Furthermore, the customer is obliged, should s/he feel over-challenged during any event, to report this to the guide immediately, and to do so in such a way that the guide is able to understand and follow what is being said.
4. Liability for Damages:
4.1 In the event of damages, liability on the part of Mountain Sports Zillertal, and of those persons under Mountain Sports Zillertal’s employ, is limited to instances of premeditation and/or gross negligence, regardless of the legal basis. Injuries and damages, including damages to materials provided by Mountain Sports Zillertal, must be reported immediately. Any and all liability on the part of Mountain Sports Zillertal is excluded for damages to the customer resulting from activities which go beyond the scope of the event itself.
5. Instructions and Directions:
5.1 The customer must follow all safety instructions given by the tour leader and actively participate in the event, as far as is possible.
5.2 The guide leading the tour is entitled to exclude from the event, or even to break off the event itself as a consequence, any customers who contravene or ignore these Terms or any other directions or instructions, with said customers having no recourse to a refund of the event price. The guide is also entitled to change, expand or restrict the event program due to unforeseen circumstances, especially those which have the potential to prejudice the safety of the customer (which may also include unsuitability of the customer him-/herself). In such instances, Mountain Sports Zillertal is by all means entitled to rescind the contract.
6. Staging of the Event:
6.1 The precise duration of a tour cannot always be precisely determined in advance. The times listed are intended purely as a guideline. As a consequence, Mountain Sports Zillertal is unable to offer any guarantee with respect to adherence to these times.
6.2 With respect to events which require the use of specific vehicles, technical equipment etc., and the latter happen not to be available for such events, Mountain Sports Zillertal reserves the right to provide appropriate replacements whenever possible. If this is not possible, or only possible through disproportionately expensive means, Mountain Sports Zillertal does have the right to cancel the event – even at short notice. In such an instance, the amount already paid will be refunded. Furthermore, the customer hereby agrees that no additional claims shall be made (i.e. for damages, lodging, travel expenses etc.).
6.3 On occasion, travel to and from the areas where the events take place involves use of the customer’s private vehicle. These trips do not qualify as part of the event proper. As a consequence, Mountain Sports Zillertal excludes itself from liability of any kind for accidents or damages during said trips. The customer hereby indicates acceptance thereof.
6.4 If the customer travels privately to the event and either fails to arrive or is late, the customer has no claim to reimbursement of the event price.
6.5 The customer is obliged to check the functionality of all items supplied to him/her by Mountain Sports Zillertal for participation in the event, including gear, sporting equipment, vehicles etc., both before and during the event. The customer is obliged to bring any equipment deficiencies to the attention of the guide immediately upon becoming aware of them.
6.6 Mountain Sports Zillertal is entitled to have the booked event conducted by another authorized operator, in so far as the staging of the event by Mountain Sports Zillertal is either impossible or only feasible under arduous circumstances (e.g. illness, capacity has been exceeded etc.).
7. Prices, Payment Conditions:
7.1. The prices listed by Mountain Sports Zillertal are – unless otherwise stated – all-inclusive; they also include statutory Value Added Taxes at the applicable rate. The prices for the individual events offered by the event organizers are binding.
7.2. Prices and programs may be subject to change. Mountain Sports Zillertal reserves the right to amend printing errors.
7.3. Subsequent to making a reservation and transmission of a reservation confirmation (ref. Pt. 2.1. above), the customer shall remit a deposit amounting to 25% of the total compensation. The deposit is to be paid either in person at the office located in 6290 Mayrhofen, Hauptstraße No. 456 or at Hollenzen No. 75, or deposited to the account of Mountain Sports Zillertal at Raiffeisenbank Mayrhofen, Acct. No. 20.321, Branch No. 36.274. The remaining amount due must be paid in full prior to the start of the event, with payment accepted either in cash, or by VISA or MasterCard credit cards. The IBAN-Code is as follows: AT38 3627 4000 0002 0321. The BIC-Code is as follows: RZTIAT22274.
8. Descriptions of, and Changes to Services
8.1. Mountain Sports Zillertal makes every effort to describe the events it offers as concretely and accurately as possible. The individual events may, however, be subject to change.
8.2. The photos, sketches etc. used by Mountain Sports Zillertal are only intended as a general impression. Such photos (e.g. of action, people, situations etc.) are, of course, non-binding in nature.
8.3. Information regarding the duration and times of events offered is non-binding. Some events are offered in groups, which may result in time delays. Naturally, waiting times cannot be excluded either.
8.4. Changes to the actual content of events cannot be excluded either, though these will only occur if absolutely necessary. The customer will be informed about such changes as soon as Mountain Sports Zillertal becomes aware of the situation. Should the change significantly impact the content of the event and also be substantial in terms of the original booking, then the customer is entitled to rescind the contract at no penalty. However, Mountain Sports Zillertal shall be compensated for those services already provided.
9. Rescission of the Contract
9.1 If the event is substantially impacted, imperiled or impaired, or if the safety of the customer can no longer be guaranteed as a result of force majeure unforeseeable at the time the contract was originally concluded, subsequent to examining possible postponement options or suggesting a replacement program of equal value, both the customer and Mountain Sports Zillertal may rescind the contract. In this instance, the customer will be reimbursed the amount already paid for the event; no further claims are possible. If the contract is rescinded, Mountain Sports Zillertal may demand compensation for those services already performed, or those services which are required in order to bring the event to a conclusion
9.2. If a customer is not up to an event due to having overestimated their personal abilities, this does not entitle him/her to rescind the contract. In such an instance, the customer has no claim to compensation of the event price.
9.3. Furthermore, should the customer withdraw from the contract after having completed booking of the event, Mountain Sports Zillertal is due compensation according to a percentage of the total compensation for said event: if the customer’s withdrawal confirmation is received prior to 30 days before the start of the event: 25 %, at least € 25.00; receipt of the customer’s withdrawal confirmation between the 29th and 15th day before the start of the event: 35 %; receipt of the customer’s withdrawal confirmation between the 14th and 8th day before the start of the event: 50 %; receipt of the customer’s withdrawal confirmation between the 7th day and 1st day before the start of the event: 65 %; receipt of the customer’s withdrawal confirmation on the actual starting day of the event: 100 %
9.4. If the requisite minimum number of participants is not reached, Mountain Sports Zillertal may rescind the contract for one-day programs without compensation up to one day prior to the event’s scheduled start. In this instance, the customer will receive an immediate refund; further claims on the part of the customer are excluded.
10. Safekeeping and Loan/Rental of Items
10.1. Mountain Sports Zillertal emphasizes that the customer bears personal responsibility for the safekeeping of items and that no separate safekeeping agreement has been entered into with Mountain Sports Zillertal.
10.2. The customer is responsible in all instances for damages caused to items loaned by Mountain Sports Zillertal to the customer, in so far as this does not involve an unavoidable event.
11. Availability
11.1. Participation in events is dependent on availability. Information pertaining to general event availability (e.g. time, location etc.) is included in the event descriptions.
12. Photos, Video Footage etc.
12.1. The customer gives irrevocable consent to the fact that Mountain Sports Zillertal is entitled take photographs, video footage etc. during the staging of the event upon which the customer is visible, and to use the same indefinitely especially for advertizing and marketing purposes in any and all forms (in particular, folders, internet etc.). The customer also agrees that his/her other data may be subject to electronic data processing, and used or shared for advertizing and marketing purposes. Such usage in no way entitles the customer to press any claims of any kind – especially those that are financial in nature – against Mountain Sports Zillertal.
13. Amendments to Terms, Form of Declarations
13.1. Amendments or addenda to these Terms must be in written form in order to take effect. This also applies to any waiver of the provision for written form.
13.2. Legally pertinent declarations and notices directed towards Mountain Sports Zillertal must also be in written form.
14. Applicable Law, Seat of Jurisdiction
14.1. The contractual relationship between Mountain Sports Zillertal and the customer is subject exclusively to Austrian law. Application of UNCITRAL or the provisions of International Private Law are excluded by mutual agreement. Place of fulfillment for delivery and payment is stipulated as 6290 Mayrhofen.
14.2. For disputes of any and all kinds resulting from or in connection with the business relationship, jurisdiction is stipulated as Zell am Ziller County Court (“Bezirksgericht”), and this shall hold true regardless of the sum under dispute.
15. Severability Clause
15.1. Regardless of whether individual provisions of these Terms become void, contestable or inapplicable, all other provisions of the Terms remain unaffected and in effect. With respect to void or ineffective provisions, conditions are stipulated which are valid and which most closely pursue the interests and intended purpose of the original provisions.
16. References and Links
16.1. Mountain Sports Zillertal carefully monitors the content of sites to which links have been placed. The author hereby expressly states that, at the time the links were placed, there was no apparent illegal content on the target sites. The author has no influence on the design and content of such external sites. As a consequence, Mountain Sports Zillertal and/or the author expressly distance themselves from all content on all linked sites that may have been changed since the link was placed. Links are not permitted directly to individual photos or graphic files. Links are only desired or permitted to the start page.
Mayrhofen, November 2009
General Terms & Conditions (Terms ) of Mountain Sports Zillertal/Alpine as a Marketing and Sales Platform
1. Legal Scope:
1.1. For legal matters between Mountain Sports Zillertal as a marketing and sales platform and the customer, in so far as Mountain Sports Zillertal does not itself perform the role of an event organizer, the following General Terms & Conditions (hereinafter referred to as Terms ) in their most current form shall apply. Divergent conditions on the part of the customer are not recognized by Mountain Sports Zillertal, other than if Mountain Sports Zillertal has expressed its written acceptance of their validity.
All other terms and conditions are rescinded upon publication of these Terms & Conditions.
1.2. Mountain Sports Zillertal, as a marketing and sales platform for legally autonomous businesses, facilitates diverse recreational and sporting services for a variety of (event) organizers (e.g. Stocky Air Paraglider Tandem Flights Zillertal etc.). In this role, Mountain Sports Zillertal functions solely as an intermediary and not as an organizer, and correspondingly is liable only for the proper intermediation (intermediary contract), not for the service and its provision by the event organizer (service contract). The service contract pertaining to execution of a recreational, sporting or adventure service (hereinafter referred to in short as “Event”) is explicitly entered into with the organizer of said event, which is why event execution is the sole responsibility of the organizer. Mountain Sports Zillertal thus restricts itself to the compilation of events, description and intermediation thereof, whereby liability for execution of the intermediated event affects exclusively the organizer of the event in question. Claims for damages etc. of whatever kind shall be directed by the customer at the organizer who had assumed responsibility for execution of the event, or who should have assumed such responsibility.
Fulfillment of services booked through Mountain Sports Zillertal does not constitute a service obligation on the part of Mountain Sports Zillertal.
1.3. Information provided by the customer is processed with the aid of automated systems. The customer declares his agreement to the occasional receipt of informational materials from Mountain Sports Zillertal for advertizing purposes.
1.4. For execution of events, the General Terms & Conditions (Terms ) of the event organizer in question will apply. Important elements of this (e.g. exclusion criteria, individual requirements, minimum age) are to be found in the individual activity descriptions. The Terms of the event organizer can also be opened and viewed by the customer via the homepage of Mountain Sports Zillertal (www.mountain-sports-zillertal.com).
2. Conclusion of the Contract:
2.1. The event intermediation contract between Mountain Sports Zillertal and the customer comes into effect upon a reservation being placed by means of the booking tool, at the Mountain Sports office in 6290 Mayrhofen, Hollenzen 75 or Hauptstraße 456, or at Mountain Sports booking point (e.g. in hotels) and subsequent confirmation of the reservation by Mountain Sports Zillertal. In this regard, the customer will receive a reservation confirmation. This shall be handed to the event organizer when the customer avails himself of the event in question. Upon receipt of the reservation confirmation, the intermediation contract between Mountain Sports Zillertal and the customer is concluded.
Payment for the event booked by the customer shall be transferred to the bank account of Mountain Sports Zillertal without delay, or at least prior to commencement of the event in question. With respect to bookings made at the Mountain Sports Zillertal office in 6290 Mayrhofen or one of the Mountain Sports Zillertal booking points, the event price shall be remitted at the same time as the reservation.
2.2. The reservation confirmation entitles the customer, or any other (suitable) person to participate in the corresponding event with the organizer in question.
2.3. The period of validity of the booking confirmation is 12 months from the date of issue. It is dependent upon the life of the contract with the event organizer and potential changes in services. Mountain Sports Zillertal bears the risk for price increases on the part of the event organizer over the course of the validity period. Extension of the validity period is not possible.
2.4. The reservation confirmation for an event selected by the customer cannot be exchanged for another event without the written agreement of Mountain Sports Zillertal, in so far as an agreement upon date and time has already been made by the customer with the event organizer. Should the other event by more expensive than the original one, the difference shall be paid to Mountain Sports Zillertal. Should the newly selected event be less expensive, the difference will not be refunded to the customer. The booking confirmation is under no circumstances redeemable for cash.
3. Prices:
3.1. Prices listed by Mountain Sports Zillertal are – unless otherwise stated – all-inclusive; these include statutory value added taxes at the applicable rate. Prices for individual events of the organizers are binding.
3.2. Prices, program details and errata are all subject to change or correction.
4. Description of the Experience and Changes in Service:
4.1. Mountain Sports Zillertal makes every effort to describe events offered as concretely and correctly as possible. The individual aspects of the events may, however, be subject to change.
4.2. Photographs, sketches etc. used by Mountain Sports Zillertal serve solely to provide a general description. Such photographs (e.g. actions, people, situations, etc.) are, of course, non-binding in nature.
4.3. Information with respect to duration and time of the events offered is non-binding. Events may also be conducted in groups, which might result in time delays. Naturally, waiting times cannot be excluded either.
4.4. Changes to the program content of events cannot be excluded, though will only occur if necessary. The customer will be notified of this when the changes become apparent. Should the change substantively affect the content of the event and in addition – in comparison to the booking – be considerable, the customer is entitled to rescission of the contract at no cost.
5. . Conditions for Participation in the Organizers’ Recreational and Sporting Services:
5.1. Participation in certain events requires a minimum degree of personal suitability. These requirements are stipulated in the individual event descriptions. After completion of the reservation, the customer himself is responsible for ensuring that he, or the person who is going to be participating in the event, does indeed meet these minimum requirements. In the event of failure to meet these minimum requirements, reimbursement of the price for the reservation is excluded in all instances.
5.2. All events take place outdoors and are, naturally, subject to weather factors upon which the organizer has no influence. As circumstances warrant, the customer should enquire either shortly before, or on the actual day of the event with the organizer about weather conditions. Should a booked event not be feasible due to weather conditions, the customer can rebook the date of participation in the event with the organizer in question. In no instance is Mountain Sports Zillertal obligated to assume responsibility for related or resultant costs or damages (e.g. travel expenses, accommodation charges, the vacation, etc.).
5.3. Dates and times for execution of the booked event are to be stipulated between the customer and the event organizer in question. Should the participant fail to appear, or fail to appear at the correct time for the event, there exists no right to reimbursement of the event price.
6. Failure to Redeem Booking Confirmations, Cancelations:
5.1. By means of a reservation confirmation from Mountain Sports Zillertal or from one of its booking points, the customer acquires the right to participate in a specific event offered by the organizer. The booking confirmation is transferrable and can be redeemed by another person (if said person meets suitability requirements).
5.2. If the customer fails to appear for the booked even, the booking confirmation become null and void, and without any right to substitution. The customer most agree upon potential postponements of whatever nature with the organizer in question, and must do so in timely fashion, the reasons being both important and demonstrable .
6. Rescission by Mountain Sports Zillertal:
6.1. Despite the booking confirmation, Mountain Sports Zillertal is entitled to rescind the contract for important causes. Important causes are, for example, when
- the pertinent partner of Mountain Sports Zillertal closes their business
- execution of the event proves impossible due to force majeure
- the minimum participation cited in the event description is not reached
- requirements with respect to the customer (see point 5.1 above) have not been met
6.2. If, due to important causes, Mountain Sports Zillertal is required to rescind the contract, the customer will receive reimbursement of the reservation without delay. The customer also has the right, at their choosing, to reserve a recreational or sporting event of equal value available through Mountain Sports Zillertal. Further claims on the part of the customer, especially such claims that would fall under the header of damages (e.g. travel expenses) are excluded .
7. Cancelation of Events:
7.1. With respect to those events which require use of specific vehicles, technology, equipment etc., and these become unavailable for the event, Mountain Sports Zillertal and the event organizer do reserve the right to find appropriate replacements whenever possible. If this proves impossible, Mountain Sports Zillertal and/or the event organizer are entitled to cancel the event – even if at short notice. In this instance, the amount already paid will be reimbursed. Additional customer claims beyond this (e.g.. for damages, accommodations, travel costs etc.) are excluded.
8. Amendments to Terms, Form of Declarations:
8.1. Amendments or addenda to these Terms must be in written form in order to take effect. This also applies to any waiver of the provision for written form.
8.2. Legally pertinent declarations and notices directed towards Mountain Sports Zillertal or the event organizer must also be in written form .
9. Liability for Damages:
9.1. In the event of damages, liability on the part of Mountain Sports Zillertal, and of those persons under Mountain Sports Zillertal’s employ, is limited to instances of premeditation and/or gross negligence, regardless of the legal basis. Regardless of this, Mountain Sports Zillertal is only liable for the proper intermediation of events, not for the performance and execution of said events by the organizer. Liability only occurs of Mountain Sports Zillertal refers the customer to an event organizer known to be disreputable or incompetent.
10. Rescission of the Contract:
10.1 If the event is substantially impacted, imperiled or impaired, or if the safety of the customer can no longer be guaranteed as a result of force majeure unforeseeable at the time the contract was originally concluded, subsequent to examining possible postponement options or suggesting a replacement program of equal value, both the customer and Mountain Sports Zillertal may rescind the contract. In this instance, the customer will be reimbursed the amount already paid for the event; no further claims are possible. If the contract is rescinded, Mountain Sports Zillertal may demand compensation for those services already performed, or those services which are required in order to bring the event to a conclusion..
10.2 If a customer is not up to an event due to having overestimated their personal abilities, this does not entitle him/her to rescind the contract. In such an instance, the customer has no claim to compensation of the event price .
11. Availability:
11.1. Participation in events is dependent on availability. Information pertaining to general event availability (e.g. time, location etc.) is included in the event descriptions. The date and time for execution of events will be stipulated directly between the customer and the organizer after the booking has been made.
12. Photos, Video Footage etc.:
12.1. The customer gives irrevocable consent to the fact that Mountain Sports Zillertal or the event organizer is entitled to take photographs, video footage etc. during the staging of the event upon which the customer is visible, and to use the same indefinitely especially for advertizing and marketing purposes in any and all forms (in particular, folders, internet etc.). The customer also agrees that his/her other data may be subject to electronic data processing, and used or shared for advertizing and marketing purposes. Such usage in no way entitles the customer to press any claims of any kind – especially those that are financial in nature – against Mountain Sports Zillertal or the event organizer.
13. Change of the Event Organizers:
13.1 The customer is aware and accepts that the event organizer for which Mountain Sports Zillertal has acted as an intermediary is entitled to have the booked event executed by a different, concessioned event organizer, in so far as their own execution of the event is not possible, or only under arduous circumstances (e.g. due to illness, exceeded capacity, etc.). In this instance, the customer is entitled to no damage claims whatsoever directed towards Mountain Sports Zillertal.
14. Applicable Law, Seat of Jurisdiction:
14.1. The contractual relationship between Mountain Sports Zillertal and the customer is subject exclusively to Austrian law. Application of UNCITRAL or the provisions of International Private Law are excluded by mutual agreement. Place of fulfillment for delivery and payment is stipulated as 6290 Mayrhofen.
14.2. For disputes of any and all kinds resulting from or in connection with the business relationship, jurisdiction is stipulated as Zell am Ziller County Court (“Bezirksgericht”), and this shall hold true regardless of the sum under dispute.
15. Severability Clause:
15.1. Regardless of whether individual provisions of these Terms become void, contestable or inapplicable, all other provisions of the Terms remain unaffected and in effect. With respect to void or ineffective provisions, conditions are stipulated which are valid and which most closely pursue the interests and intended purpose of the original provisions.
Mayrhofen, March 2011
