Ski School Gargellen GmbH – Gargellen in Montafon, Vorarlberg Ski School
Lippitsch Andreas, GmbH
Haus Valisera 28 a
6787 Gargellen, Austria
Tel.: +43 664 3424743
Fax: +43 5556 6401
E-mail:
1. Scope of Application
1.1 The business relationship between Ski School Gargellen GmbH (hereinafter referred to as the “Ski School Gargellen”) and the contractual partner (hereinafter referred to as the “Customer”) shall be governed exclusively by these General Terms and Conditions (hereinafter referred to as the “GTC”) in the version applicable at the relevant time. The applicable version of the GTC shall be determined by the date on which the Customer submits the relevant offer.
1.2 Ski School Gargellen provides services to Customers in the field of skiing and snow sports. These services include, in particular, ski, snowboard and cross-country skiing instruction, guiding and accompanying customers on ski tours (within the meaning of Section 1 para. 1 T-SSG 1995), as well as related activities (hereinafter collectively referred to as “Courses”). This also includes any childcare services and related services (e.g. meals for children). These GTC apply to all services provided by Ski School Gargellen in this context.
1.3 Provisions deviating from these GTC shall only apply if expressly agreed in writing between Ski School Gargellen and the Customer. Conflicting terms and conditions of the Customer shall not apply to the business relationships referred to in Clause 1.2.
2. Conclusion of the Contract
2.1 A contract between Ski School Gargellen and the Customer may be concluded either electronically (submission of an offer via an online form and acceptance of the contract by confirmation e-mail) or at the business premises of Ski School Gargellen (conclusion of the contract by issuing a payment receipt).
2.2 Submission of a fully completed online form by the Customer constitutes a legally binding offer to Ski School Gargellen to conclude a contract for the services advertised by Ski School Gargellen. Upon receipt of such an offer, Ski School Gargellen shall send an order confirmation to the Customer. A contractual relationship between Ski School Gargellen and the Customer shall only arise upon transmission of this order confirmation.
2.3 The Customer’s declaration to an employee of Ski School Gargellen that the Customer wishes to make use of the services offered by Ski School Gargellen constitutes a legally binding offer to conclude a contract. A contractual relationship between Ski School Gargellen and the respective Customer shall only arise upon payment for the requested service and issuance of a payment receipt.
2.4 The booking confirmation and/or payment receipt serve as proof of entitlement to the booked service and must be presented by the Customer to the respective instructor at the beginning of the Course.
2.5 Ski School Gargellen is not obliged to notify the Customer if an online booking is rejected. If Ski School Gargellen does not confirm the Customer’s offer within two (2) weeks of receipt, the Customer’s offer shall in any event be deemed not to have been accepted.
3. Right of Withdrawal for Contracts Concluded by Telephone, Web Form or E-mail
3.1 The services offered constitute a “leisure service” within the meaning of the Austrian Long-Distance and External Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG).
3.2 Pursuant to Section 18 para. 1 no. 10 FAGG, there is no statutory right of withdrawal for leisure services.
4. Cancellation by the Customer
(We recommend that Customers take out appropriate insurance before commencing their holiday.)
4.1 The Customer is entitled to withdraw from the contract in writing (e-mail is sufficient) subject to the following conditions.
In the event of cancellation, a processing fee of €50.00 shall be retained or charged.
4.2 For private lessons, cancellation is permitted without any further obligations on the part of the Customer up to no later than fourteen (14) days before the first day on which the service is to commence. After expiry of the cancellation period, the full Course fee shall be payable.
4.3 For group Courses (meaning that the Customer has booked a group Course; this does not refer to bookings made for groups of persons), cancellation is permitted without any further obligations on the part of the Customer up to no later than fourteen (14) days before the first day on which the service is to commence. After expiry of the cancellation period, the full Course fee shall be payable.
4.4 For group and private Courses, a refund of payments already made shall only be possible in the event of an accident or illness upon presentation of a medical certificate issued by a local physician. Only Course days not used shall be refunded (difference amount).
4.5 The relevant deadline shall be deemed met if the written cancellation is received by Ski School Gargellen within the applicable period. To comply with the respective deadline, the cancellation must be received by Ski School Gargellen no later than 24:00 on the day before the deadline expires. Transmission errors and similar circumstances shall be borne by the Customer.
4.6 In all other cases, the Customer shall not be entitled to cancel without the express written consent of Ski School Gargellen and shall be obliged to pay the full fee. This shall apply in particular in the event of non-appearance or late arrival at the agreed appointment.
4.7 Ski School Gargellen shall be entitled to withdraw from the contract at any time if the Customer participates in Courses while under the influence of alcohol, drugs or medication to such an extent that safe participation can no longer be guaranteed. The same shall apply if the Customer persistently fails to comply with the instructions of Ski School Gargellen, its instructors or childcare personnel (see Clause 9.4). In the event of such termination of the contract, the Customer shall have no claims against Ski School Gargellen and shall, in particular, remain obliged to pay the full fee.
5. Impossibility of Performance
5.1 If the provision of the service is not possible for safety reasons (e.g. weather conditions, avalanche danger, etc.), Ski School Gargellen shall not be obliged to provide the service. Ski School Gargellen shall have sole discretion to determine whether performance is impossible, whereby partial impossibility — e.g. if ski instruction is not possible on three out of five days — shall not affect the provision of the part of the service that remains possible.
5.2 In the event of partial or complete impossibility of performance pursuant to Clause 5.1, Ski School Gargellen shall refund the pro rata fee to the Customer within fourteen (14) days. The Customer shall have no further claims.
5.3 Force majeure, in particular epidemics, pandemics, official measures such as closures, and other unforeseeable and unavoidable events shall release Ski School Gargellen from its obligations to perform the services.
5.4 In the event of partial or complete impossibility of performance pursuant to Clause 5.3, Ski School Gargellen shall either issue a credit note for the pro rata fee or refund the pro rata fee to the Customer within fourteen (14) days. The Customer shall have the right to choose between these options. The Customer shall have no further claims. Any statutory right of withdrawal pursuant to Section 10 para. 2 of the Austrian Package Travel Act (Pauschalreisegesetz) shall remain unaffected.
6. Prices and Payment Terms
6.1 All information provided — in particular price lists published by Ski School Gargellen online, in brochures, advertisements or other information media — is non-binding for Ski School Gargellen. Ski School Gargellen reserves the right to make changes at any time.
6.2 All prices are stated in euros (€) and include applicable statutory VAT unless expressly stated otherwise.
6.3 Ski passes and ski equipment are not included in the Course fees. These must be purchased and provided by the Customer at the Customer’s own expense.
For bookings of a three-day group Course, an extension to four or five days is only possible by purchasing individual extension tickets.
6.4 Ski School Gargellen’s claim to payment from the Customer shall arise upon conclusion of the contract. Payment shall become due at that time. For online bookings, however, payment may already be made immediately upon submission of the offer using one of the payment methods provided for online bookings. If Ski School Gargellen does not accept the Customer’s offer, any amount already paid shall be refunded using the same payment method used by the Customer within fourteen (14) working days.
6.5 In the case of other booking methods, e.g. by e-mail or directly on site, the Course fee may be paid by bank transfer to the account of Ski School Gargellen within fourteen (14) days of conclusion of the contract or in cash on site. In any event, payment must be received by Ski School Gargellen before the Course begins. All costs and expenses associated with payment, in particular bank charges, shall be borne exclusively by the Customer.
6.6 The Customer may only set off claims against Ski School Gargellen with counterclaims that have been legally established by a court or expressly acknowledged by Ski School Gargellen, as well as in the event of insolvency of Ski School Gargellen. Statutory rights of retention shall remain unaffected by this provision.
6.7 Default in payment shall occur without any further notice from Ski School Gargellen. In the event that the Customer is in default with a payment, Ski School Gargellen shall be entitled to charge the statutory default interest as well as all additional costs and expenses incurred, in particular collection and legal costs. In the event of outstanding claims, Ski School Gargellen may, irrespective of any payment designation made by the Customer, apply payments made by the Customer at its discretion to any outstanding claims. In the event of non-payment of a claim, all other claims against the Customer shall also become immediately due and payable.
6.8 The place of performance for all obligations to be fulfilled by either Ski School Gargellen or the Customer shall be the registered office of Ski School Gargellen.
7. Provision of Services
7.1 The Customer must arrive at the meeting point of Ski School Gargellen or at another location within the ski school area designated by Ski School Gargellen in good time before the Course begins.
7.2 Ski School Gargellen reserves the right to change the meeting point of Courses at short notice. In such cases, Customers shall be informed by Ski School Gargellen.
7.3 Ski School Gargellen reserves the right, prior to the start of each ski Course day, to take the temperature of each Customer in compliance with applicable data protection regulations. In the event of an elevated temperature, fever or other clear signs of an infectious disease (e.g. COVID-19) that may pose a risk to other Course participants, instructors or childcare personnel, Ski School Gargellen shall be entitled, at its own discretion, to exclude the Customer from the Course. In such cases, the Customer shall, at the Customer’s choice, be entitled either to a pro rata refund of any fee already paid or to the issuance of a corresponding credit note.
7.4 Ski School Gargellen undertakes to employ only instructors or childcare personnel who are appropriately qualified for the respective service.
8. Limitation of Liability
8.1 In connection with the Courses offered, Ski School Gargellen does not guarantee any particular learning or training outcome for Course participants.
8.2 Except in the case of personal injury, Ski School Gargellen shall not be liable for damage unless such damage is caused by intentional or grossly negligent conduct on the part of Ski School Gargellen itself or a person attributable to Ski School Gargellen, and provided that the conduct causing the damage does not concern the principal contractual obligations arising from the contract concluded.
8.3 Ski School Gargellen shall not be liable for damage caused by the Customer to themselves or to other persons, or caused to the Customer by other persons, during the provision of the agreed service, provided that Ski School Gargellen is not at fault.
8.4 Irrespective of fault, Ski School Gargellen shall not be liable for loss of profit, pure financial loss or consequential damage insofar as such damage exceeds three times the fee payable for the service.
8.5 The Customer is advised that failure to wear a protective helmet may constitute contributory negligence in the event of injury. Customers are therefore advised to wear a protective helmet and any other safety equipment recommended for the respective service (e.g. an avalanche transceiver when travelling in open terrain). Protective helmets and safety equipment generally reduce the risk of injury.
8.6 It is expressly stated that participation in snow sports involves numerous risks and that tours or descents in open terrain involve an increased risk of injury or even death, in particular due to avalanches, which cannot be completely eliminated.
8.7 The Customer acknowledges that rescue operations from ski slopes or in open terrain can often involve considerable costs. Customers are therefore advised to take out appropriate insurance, particularly since Ski School Gargellen shall not be liable for rescue or air-rescue costs unless Ski School Gargellen or a person attributable to it has caused such rescue and/or air-rescue costs through intentional or grossly negligent conduct.
9. Customer Obligations
9.1 The Customer must provide Ski School Gargellen with truthful and comprehensive information regarding their abilities and experience in the respective snow sport booked and must independently ensure that they have equipment appropriate to their level of skiing ability and the prevailing external conditions. The Customer must inform Ski School Gargellen of any health conditions or impairments.
9.2 Furthermore, the Customer undertakes not to participate in a ski Course in the event of febrile infections, contagious diseases or illnesses associated with diarrhoea or vomiting. In particular, if symptoms of COVID-19 occur (fever, dry cough, fatigue, breathing difficulties, etc.), the Customer undertakes to refrain from participating in the ski Course. If the Customer has booked a group Course, they may exercise the cancellation right provided for in Clause 4.4 upon presentation of a medical certificate.
9.3 Before commencing instruction, the Customer shall independently arrange for their ski equipment, in particular the ski bindings, to be inspected by a specialist company.
9.4 The Customer must comply with the instructions of Ski School Gargellen, its instructors and childcare personnel. Failure to comply with instructions or warnings shall entitle Ski School Gargellen to terminate the contract immediately. The same shall apply if Customers behave improperly, in particular towards other Course participants.
10. Data Protection
10.1 Further information can be found in the Ski School’s Privacy Policy, which is available HERE.
11. Miscellaneous Provisions
11.1 No oral ancillary agreements have been made in relation to these GTC. Any ancillary agreements, amendments or additions of any kind shall only be effective if made in writing. This shall also apply to any waiver of the requirement for written form.
11.2 All legal transactions to which these GTC apply shall be governed by substantive Austrian law, excluding Austrian private international law.
11.3 If the Customer is a business or a consumer domiciled outside the scope of the Brussels I Regulation (recast) (EuGVVO) or the Lugano Convention (i.e. all countries other than the EU Member States, Switzerland, Norway and Iceland), the court with subject-matter and territorial jurisdiction at the registered office of Ski School Gargellen shall have exclusive jurisdiction over all disputes arising from or in connection with these GTC and/or contracts between Ski School Gargellen and the Customer concerning the provision of ski school services.
11.4 If the Customer is a consumer domiciled within the EU or within the scope of the Lugano Convention, the statutory provisions governing jurisdiction shall apply.
11.5 If one or more provisions of these GTC is or are invalid, the parties expressly agree that such legally effective provision shall apply between Ski School Gargellen and the Customer as comes closest to the economic purpose of the invalid provision. The validity of the remaining provisions shall not be affected by an invalid provision.
11.6 All rights and obligations arising from these GTC shall pass to any legal successors of Ski School Gargellen.
