General terms and conditions (GTC)

1. Scope of Application of the GTC

For all business relations between the Schischule Silvretta Galtür (hereafter referred to as Ski School) and a contracting party (hereafter referred to as client) only the General Terms and Conditions (hereafter referred to as GTCs) as amended from time to time apply. The present form of the GTCs respectively complies with the time and date of the client’s quotation

1. The Bike School provides services for the client in the bikesport and bicycle rental sector. Thereof included are: giving lessons and holding classes in technical and saftey trainings, bike and hike tours, bikeparks, trail tours and the rental of equipment (E-Bikes, climbing equipmment, bike safety equipment). The GTCs apply to all services of the Bike School in this regard.
2. Derogations from the GTCs only apply after explicit, written agreement between the Bike School and the client. Contradictory business conditions of the client do not take effect on the in point 1.2 expressed business relations.

2. Contract Formation

1. A contract formation between the Bike School and a client is possible by electronic means (submission of an offer through online forms and acceptance of the contract by means of a confirmation email) as well as in the business premises of the Bike School (contract formation by delivery of a receipt or voucher). 
2. If a client declares in front of an employee of the Bike School to want to employ the services of the Bike School, it constitutes a legally binding offer for the formation of a contract regarding the advertised services on the part of the Bike School. Only after payment of the desired service and delivery of a receipt or voucher, a contract between the Bike School and a client is formed.    
3. The order confirmation and/or the receipt serve as proof that booked services may be used. The order confirmation and/or the receipt are to be presented to the course instructor by the client before commencing the course.

3. Cancellation Right in Case of Contract Formation via Telephone, Online Form or Email

1. The offered services are so-called recreational services within the meaning of the Fern- und Auswärtsgeschäfte-Gesetz (FAGG) (long-distance business relationship law).
2. For recreational services, according to § 18 para. 1 Z 10 FAGG a cancellation right does not exist.

4. Cancellation Right

1. The client is entitled to cancel a contract without further obligations in written form (email is sufficient) by the terms mentioned below. The client will not have to pay a consideration but is obliged to pay an adimisitrative fee of 10€.
2. Guided tours, saftey trainings, Bikepark tours or guided trails can be cancelled until 24 hours before the first day of the service the latest. If payment was done in advance, an adimisitrative fee of 10€ will be charged and the remainder will be refunded.
3. In all other cases, withdrawal from the contract without explicit written approval by the Bike School is not permitted and the client has to pay the full consideration. This is also valid in default of appearance by the client or by late arrival to an agreed appointment.
4. The Bike School is entitled to withdraw from a contract at any time if the client participates in a service under the influcene of alcohol, illegal drugs or medication which would not ensure safe participation. The same is true if a client persistently opposes instructions by the Bike School, the guides or other staff members and administrative employees (cf. point 9.4). The client is in such a case of dissolution of contract not entitled to any claims whatsoever. The client is also obliged to pay the full consideration.

5. Impossibility of Performance

1. If it is impossible to provide a service because of safety reasons (such as extreme weather conditions, avalanche risk, etc.), the Bike School is not obliged to provide the services. It is exclusively for the Bike School to decide whether or not performing services is possible. A partial impossibility of performance does not have an effect on the performance of possible services.
2. In cases of (partial or full) impossibility of performance according to point 5.1., the Bike School will refund the partial consideration within 7 days. Clients are not entitled to any additional claims. 
3. Force majeure, especially epidemics, pandemics, governmental measures, such as closings, and other unforseen and inevitable events free the Bike School from its obligation to perform.
4. In cases of (partial or full) impossibility of performance specified under point 5.3., the Bike School will refund the partial consideration less 10€ administrative fee within 7 days. Clients are not entitled to any additional claims. A possible cancellation right according to § 10 para. 2 Pauschalreisegesetz (package holiday law) will remain unaffected.

6. Rates (Prices), Payment Terms

1. All information – especially price sheets of the Bike School on the interent, in leaflets, on advertisements or in other information media – is not binding for the Bike School. All information is subject to change.
2. All price quotes are in euro (€) and subject to VAT, including a possible VAT at the statutory rate if not specified otherwise.
3. Costs for lift tickets or rental equipment are not included in the course fees. Lift tickets as well as rental equipment are to be purchased at one’s own expense and taken along to the course.
4. With contract formation, the Bike School is entitled to a claim for consideration. At the time of contract formation, payment becomes due. Should a client’s quotation not be accepted by the Bike School, the previously paid consideration will be refunded in the same method of payment within 7 days.
5. In cases of other methods of booking, e.g. via email or on the spot, the payment of the course fee can be conducted by transfer to the account of the Bike School or by paying in cash upon contract formation. In any case, the payment has to be made before the course starts. All expenses – especially bank charges – in connection to booked courses are exclusively at the client’s charge.
6. The client can only offset counterclaims if they were legally and judicially established, explicitely recognized by the Bike School or if the Bike School is insolvent. The legal right of retention is not affected by this article of the contract.
7. Default occurs without further notice by the Bike School. In case, a client is in default, the Bike School is entitled to charge the legal default interest and all additional costs and expenses, especially lawyers‘ fees and collection costs to the client’s account. If there is outstanding debt, the Bike School is entitled to count payment by the client, regardless of a possible dedication, towards the client’s debt. In case of non-payment of an outstanding debt, all other claims against the client are due immediately.
8. Place of fulfilment for all duties of the Bike School or of the client is the registered office of the Bike School.

7. Service Provision

1. The client has to be present on time at the gathering point of the Bike School or another meeting point previously arranged with the Bike School for provision of service.
2. The Bike School reserves the right to change the meeting point on short notice. In such cases, the clients will be informed by the Bike School.

8. Limitation of Liability

1. In connection to the provided courses, the Bike School does not assume responsibility for the success of the clients‘ tuition.
2. The Bike School does only assume liability for damages that were caused by deliberate or grossly negligent behaviour by the Bike School or attributable people. The Bike School only assumes liability if the damage causing behaviour concerns the primary duties specified in the concluded contract.
3. The Bike School does not assume liability for damages that the client inflicts on him or herself or on others during the agreed service provision through no fault of the Bike School. The Bike School does not assume liability for damages that are inflicted on the client through others during the agreed service provision through no fault of the Bike School.
4. Regardless of fault, the Bike School does not assume liability for loss of profit, financial losses and consequential damages if they exceed triple the service consideration.
5. It is pointed out to the client that not wearing a safety helmet can be seen as contributory negligence in cases of injuries. The client is therefore advised to wear a safety helemt as well as additional safety equipment recommended for the respective service. As a gerneral rule, safety helmets and safety equipment diminish the risk of injury.
6. It is explicitely expressed that biking and other sports activities are connected to numerous risks. Outdoor sports especially downhill biking contains an enhanced risk for injuries or death that cannot be ruled out entirely.
7. The client acknowledges that carrying out a rescue from areas difficult to access can result in high costs. It is therefore recommended that the client has taken care of an appropriate insurance beforehand, as the Bike School Galtür does not assume liability for the air rescue costs or other costs connected to the rescue. 

9. Client Duties

1. The client has to inform the Bike School truthfully and thoroughly about his or her abilites in the respective sport as well as ensure that the equipment corresponds to standard requirements. The client has to inform the Bike School about possible health and medical conditions and impairments.
2. The client is under the obligation not to participate in the activities when having a febriel infect, a contagious disease, or when suffering from diarrhoea and vomitting. Especially when experiencing COVID-19 symptoms (fever, dry cough, fatigue, breathing difficulties, etc.), the client is under the obligation to refrain from participating in activities. If the client booked a group course, he or she can resort to the cancellation right upon presentation of a doctor’s certificate specified under 4.4.
3. The client has to follow instructions by the Bike School, the instructors and caretakers. Defiance of instruction or warnings entitle the Bike School to immediate dissolution of contract. This is also valid if a client displays improper conduct especially towards other clients. 

10. Privacy Policy

1. Details on the privacy policy can be found under www.bikeschule-galtuer.at/en/data-privacy.

11. Other Terms

1. There are no verbal side agreements to the GTCs. Verbal side agreements whatsoever, changes or amendments require a written form to become effective. The same applies to digressions of the requirement of written form.
2. It is understood that for all litigations from legal transactions where the GTCs underlie, the Austrian substantive law to the exclusion of the Austrian international civil law is applicable.
3. If the client is entrepreneur or consumer with residence outside of the scope of application of EuGVVO or the Lugano Convention (all countries with exception of EU member states, Switzerland, Norway and Iceland), then only the court that has jurisdiction ratione loci and ratione materiae at the registered office of the Bike School is regarded as competent to rule in litigation, claims and assessments resulting from or in connection to these GTCs or contracts concerning service provision.
4. Is the client consumer with residence in the EU or within the scope of application of the Lugano Convention, the legal terms for the judicial competence apply. 
5. If one or more terms of these GTCs are invalid, regualtions which come closest to the commercial purpose apply and are regarded as agreed on between the Bike School and the client. The effectiveness of other terms will remain unaffected by one invalid term.
6. All rights and duties in these GTCs are assigned to possible legal successors of the Bike School.