These General Terms and Conditions apply to the
Ski School and Rental Panorama GmbH
1.General
Unless expressly agreed otherwise, these General Terms and Conditions (hereinafter referred to as GTC or Terms and Conditions) apply to all legal transactions and contractual relationships concluded between the Ski School and Rental Panorama GmbH and their customers as contracting parties.
The object of the Ski School and Rental Panorama GmbH is the operation of a ski and snowboard school and also the operation of a sports shop including rental of winter sports equipment.
This includes the services of providing instruction in the skills and knowledge of skiing and snowboarding (both, however, without a guarantee of a specific training success) as well as the leading and accompanying of skiing and snowboarding.
This also includes the provision or mediation of ski or snowboard equipment, chargeable or free of charge, by the Ski School and Rental Panorama GmbH upon the request of the contracting partner to facilitate the lessons (ski or snowboard rental or rental of the entire or partial ski or snowboard equipment).
2. Reservation, Offer, Order Confirmation, Contract Conclusion, Online Price Requests, and Prices
Reservations for individual and group courses can be made in person on site, via the internet, or by telephone.
The offers of the Ski School and Rental Panorama GmbH are non-binding.
The acceptance of the reservation and the scope of the service are exclusively determined by the written order confirmations of the Ski School and Rental Panorama GmbH.
Oral or telephone agreements are valid only with explicit written confirmation by the Ski School and Rental Panorama GmbH.
For bookings made on site (individual and group courses), a contractual relationship is only established upon the purchase or delivery of the necessary course card.
The same applies to bookings made using remote communication means, where the necessary course card is picked up by the customer before the service begins.
In all cases, it applies that the delivery of the course card only takes place after full payment of the course costs before the start of the course.
The Ski School and Rental Panorama GmbH is entitled to use subcontractors for the provision of snow sports instruction or the provision or mediation of ski or snowboard equipment.
All prices stated are in EURO and, unless otherwise agreed, include statutory VAT. Details in price lists are without guarantee.
There is no liability accepted for any typographical errors.
Prices for group instruction refer to the weekly package. Group courses can be booked from Sunday (Monday) to Friday (Thursday). Precondition: minimum number of participants
Group instruction for children: bookable from Sunday - Friday (6 days)
Group instruction for snowboarding courses, ski courses for teenagers and adults: depending on the type of course from Sunday or Monday until at most Thursday
Unused days cannot be transferred to the following week.
2.1 Minimum Participant Number
We would like to point out that for a course to take place, be it an online reservation or an on-site reservation, the minimum number of participants must be met.
The minimum participant number varies depending on the course offer and must not fall below 4 persons. The minimum participant number is listed on the website and in the online store.
If the minimum participant number is not met, we reserve the right to shorten the course duration and the course times.
3.Payment Conditions
If no other written agreements have been made, for all contracts concerning individual as well as group courses, the invoice amount must be paid before the start of the service provision.
If expressly and individually agreed in writing with the Ski School and Rental Panorama GmbH, the total amount or a part of the course costs may also be paid in cash to an authorized person of the Ski School and Rental Panorama GmbH immediately after the start of the service provision.
For contracts concluded at the place of performance, the fee for the service to be provided must be paid before the start of the course at the respective office of the Ski School and Rental Panorama GmbH in cash or using common electronic means of payment.
In case of delay in payment, the Ski School and Rental Panorama GmbH is entitled to demand statutory default interest from the contract partner.
Payment
Credit card payments in favor of the ski school are collected by TREKKSOFT AG, Hauptstraße 15, 3800 Matten, Switzerland ("TREKKSOFT"), appearing as TREKKSOFT TOUR BOOKING on your credit card statement. The domain in which you enter and process your payment is owned by TREKKSOFT and operated by TREKKSOFT. Please send an email to support@payyo.ch for all inquiries regarding your credit card payments and chargebacks.
4.Online Offers and Online Bookings
All services of the Ski School and Rental Panorama GmbH that are due to online inquiries and - orders using the Internet or other online services are subject to these terms and conditions.
4.1. Content of the Online Offer
The Ski School and Rental Panorama GmbH (hereinafter briefly referred to as "Author") assumes no liability for the timeliness, correctness, completeness, or quality of the provided information.
Liability claims against the author, which refer to any kind of damages of a material or non-material nature caused by the use or non-use of the offered information or by the use of incorrect and incomplete information, are generally excluded, unless there is demonstrable gross negligence on the part of the author.
All offers are non-binding and without obligation. The author expressly reserves the right to change, supplement, or delete parts of the web pages or the entire offer or to stop the publication temporarily or permanently without separate notice.
4.2. References, Links
For direct or indirect references to external websites ("links" or "hyperlinks"), which lie outside the author's responsibility, the author is generally not liable, unless he was aware of illegal content on the relevant websites or copyright violations before the respective linking and grossly and negligently failed to prevent the use by third parties in case of illegal content after actual knowledge, provided it would have been technically possible and reasonable for him.
The author hereby explicitly states that at the time of the linking, no illegal content on the linked websites was noticeable and known. The author has no influence on the current and future design, content, or authorship of the linked or connected web pages. The author, therefore, expressly distances himself from all content of all linked or connected web pages that were changed after the link setting. This applies to all links and references within the own internet offer as well as for foreign entries in guest books, discussion forums, mailing lists set up by the author, etc.
For illegal, incorrect or incomplete content and especially for damages resulting from the use or non-use of such offered information, solely the provider of the linked page is liable, not the one who has linked to these pages.
4.3. Copyright and Trademark Law
The author strives to respect the copyrights of the used graphics, sound documents, video sequences, and texts in all publications, to use his own graphics, sound documents, video sequences and texts or to use royalty-free graphics, sound documents, video sequences and texts.
All within the internet offer mentioned and possibly by third parties protected brand names and trademarks are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Just the mere mention does not conclude that trademarks are not protected by third-party rights.
The copyright for published, objects created by the author himself remains solely with the author of the pages. The duplication or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the author's explicit consent.
The course participant grants by accepting the GTC of the Ski School and Rental Panorama GmbH his explicit consent and approval that in the framework of the provided ski instruction and the related events by the Ski School and Rental Panorama GmbH, photographs can be taken and can be published on the website or the Facebook page of the Ski School and Rental Panorama GmbH. The course participant cannot derive any rights from this, so with the acceptance of the GTC of the Ski School and Rental Panorama GmbH, he explicitly waives such rights.
The course participant can revoke the consent and approval for the publication of photographs showing him or his child recognizably on the website or the Facebook page of the Ski School and Rental Panorama GmbH in writing to the author at any time by specifying the concrete photograph.
5.General Participation Conditions
The contracting party is obliged to truthfully and comprehensively inform the Ski School and Rental Panorama GmbH about his skills and experience in skiing and snowboarding at the beginning of the course.
He is independently responsible for ensuring his equipment is appropriate for the current state of ski and snowboard technology and suitable for the external conditions.
He is also to inform the Ski School and Rental Panorama GmbH of his health status and any conditions that could impair the practice of snow sports or could become acute during the exercise of these sports.
If the contracting partner uses his own ski or snowboard equipment, it is his responsibility to arrange for the technical examination of the equipment, especially the ski and snowboard equipment and the bindings, by a specialist before the start of the lessons.
The Ski School and Rental Panorama GmbH is in no case liable for damages of any kind arising from a non-professional or insufficient inspection, adjustment or maintenance of his equipment.
Each contracting partner is responsible for the technical safety and flawlessness of his equipment and is liable for any damages arising therefrom.
In particular, the Ski School and Rental Panorama GmbH can prohibit the participating partner from attending the course with equipment that jeopardizes safety or is technically deficient until the contracting partner has rectified the defect, without the contracting partner having any claims for a reduction of the fee for missed lessons.
The group allocation as well as grading according to the skills of the contracting partner at the courses is carried out by the Ski School and Rental Panorama GmbH. If a downgrade of a participant is necessary, the contracting partner must follow this decision.
Otherwise, the Ski School and Rental Panorama GmbH is entitled to immediate cancellation of the contract, without the contracting partner who behaves contrary to the contract being entitled to demand a refund of the fee paid.
Instructions of the Ski School and Rental Panorama GmbH must be strictly and precisely followed by the contracting partner. Disregarding instructions and admonitions entitles the Ski School and Rental Panorama GmbH to immediate contract termination.
Furthermore, impairment of the contracting partner by alcohol and/or drugs entitles the Ski School and Rental Panorama GmbH to immediate contract termination. In all these cases, the contracting partner has no claim to a refund of the fee paid.
The Ski School and Rental Panorama GmbH reserves the right to combine groups or reduce the hours of instruction.
6.Liability Provisions
The contracting partner of the Ski School and Rental Panorama GmbH is urgently recommended to take out health, accident, liability, and foreign health insurance.
The Ski School and Rental Panorama GmbH is liable according to legal provisions exclusively for damages related to the activity of the Ski School and Rental Panorama GmbH and caused intentionally or by gross negligence, with the exclusion of liability applying generally but not to personal injuries.
Appropriate liability insurances by the Ski School and Rental Panorama GmbH are in place.
Furthermore, the Ski School and Rental Panorama GmbH is in no case liable if the contracting partner injures himself, suffers damages, or causes damages of any kind by disregarding instructions from the Ski School and Rental Panorama GmbH, FIS slope rules, other legal regulations, or provisions of the present Terms and Conditions.
If the contracting partner suffers damages that can be traced back to equipment provided or mediated to the contracting partner, chargeable or free of charge, the contracting partner will accordingly indemnify and hold harmless the Ski School and Rental Panorama GmbH.
If the contracting partner of the Ski School and Rental Panorama GmbH is a business (e.g., a travel agency or tour operator), the limitation period for claiming compensation from the Ski School and Rental Panorama GmbH is six months from knowledge of the damage.
7.Complaints
Any possible complaints and grievances must be reported immediately on-site to the respective office of the Ski School and Rental Panorama GmbH to enable prompt remedy and to continue the provision of the service.
If the contracting partner does not exercise his right to complain immediately, at least not until the end of the service provision, then any possible claims for a reduction of the fee can no longer be considered.
Other claims against the Ski School and Rental Panorama GmbH must be made in writing and justified at the latest within four weeks after the cause of the claim or gaining knowledge of it.
8.Withdrawal
For individual courses, a refund of the payment made is only possible if the person cannot participate in the course due to an accident or illness.
In the case of illness or an accident, a free cancellation is only possible against a medical certificate from a local doctor. We kindly ask you to inform us as soon as possible and ideally to submit the medical confirmation on the same day.
For group courses, a refund of the payment made is likewise only possible in case of accident or illness upon presentation of a medical certificate from a local doctor. The refundable amount will be recalculated based on the services actually provided for that period. The total amount will thus be reduced, but the daily rates may increase. If you fail to appear on the agreed course date or withdraw during an ongoing service, no refund is made.
In the event of course cancellations due to weather conditions and in cases of force majeure, the fee paid by the Ski School and Rental Panorama GmbH is not refunded.
The course fee does not include the costs of using the lifts. All costs for using all lift facilities are borne by the course participant as a contracting partner. For lesson times missed due to failures of cable car and lift systems, the Ski School and Rental Panorama GmbH provides no compensation.
8.1 Withdrawal - Cancellation Conditions for Online Reservations
With insurance (Cancellation Protection Easy)
- up to 2 days (48 hours) before the start of the course: cancellation without giving reasons possible
- No processing fee
- Refund transfer deducting money transaction expenses such as transaction and commission fees etc.
Without insurance
- up to 30 days before the start of the course: without giving reasons;
100% refund deducting money transaction expenses
- up to 7 days before the start of the course: reason for cancellation required, e.g., doctor's confirmation
100% refund deducting money transaction expenses
- In case of lockdown of the holiday destination or entry ban
100% refund
All deliveries and services of the Ski School on the basis of online orders via the Internet or other online services are subject to these terms and conditions
9.Safety
Course participants are explicitly advised that, according to the Salzburg State Sports Law 1988, LGBI. No. 98/1987, children and adolescents up to the completion of the 15th year of life are obligated to use a ski or snowboard helmet in accordance with ÖNORM EN 1077:2007 during the practice of alpine skiing and snowboard sports.
In addition, course participants are required to be knowledgeable about the content and application of the common FIS slope rules and to adhere to them.
10.Venue, Place of Performance, Choice of Law
The place of performance is the location of the central branch of the Ski School and Rental Panorama GmbH (Ski School and Ski Rental).
For all legal disputes arising from the contractual relationship, the locally and factually competent court at the seat of the central branch of the Ski School and Rental Panorama GmbH is responsible. Austrian law applies. The contract language is German.
11. Legal Validity
If individual provisions of these GTC are invalid or become invalid, this does not affect the validity of the remaining provisions or the entire legal transaction.
The invalid provision is to be replaced by one that economically comes closest to the invalid provision. Changes to these GTC require the written form.
St.Johann in Pongau, Großarl on January 20, 2023
