Terms and conditions of Schnee-Sportschule Mehliskopf GmbH
For ski and snowboard courses, snow shoe tours, and rental
1. Application
1.1 These terms and conditions (T&C) apply to all our business relationships with our clients. Our T&C apply exclusively. T&C of our clients only apply if this was agreed by us explicitly.
1.2 These T&C especially apply to the booking of events, tours, and courses (services) as well as for the renting of gear (rental gear).
1.3 Legal regulations apply unless they are not specifically changed or suspended by these T&C.
2. Contract conclusion and content
2.1 Our offers are not binding. This also includes information provided by our flyers and websites.
2.2 Bookings for our services may be made in person, in writing, by e-mail, or by phone. Any booking qualifies as a binding contract offer.
2.3 We will either confirm or deny your booking within 7 days (e.g. if a course is already booked out or can not be conducted for any other reason). Any confirmation is reserved by achieving a minimum number of participants (see number 4). For the booking of rental gear, a contract is already concluded by handing the gear over.
2.4 The service descriptions (e.g. flyers, website, offers) as well as information in our confirmations determine the stipulated services. Prior to conclusion of contract we may make any changes to our service descriptions.
2.5 The written concluded contract including these T&C exclusively determines the legal relationship between us and the client. This contract contains all agreements between the contract partners. Oral promises by us prior to contract conclusion are not legally binding. Oral agreements between the partners are replaced by the written contract unless they specifically conclude otherwise.
3. Payments, obligatory deposits
3.1 All prices are in euros including turnover tax / added value tax.
3.2 The overall price is due at the beginning of the service or the beginning of the rental, respectively.
3.3 We may cancel the contract and demand compensation if the client does not make a due payment.
3.4 When renting gear, the client is required to deposit a personal item for our financial protection, e.g. their id card, passport, or driver’s license.
3.5 Charging against a financial claim is impossible unless the claim is undisputed and legally binding. The client can only hold back a payment if their counterclaim is based on the same contract.
4. Minimum number of participants, group sizes, non-utilization of services
4.1 A contract about our services is only concluded if the minimum number of participants is achieved.
4.2 When making a booking for a service as a group, the agreed price is to be paid even if the number of participants is below the number anticipated at the time of contract conclusion. This also applies if the service is not utilized or only parts of the service are utilized, e.g. if the service is aborted. Nevertheless, we must recognize any expenditures we saved as well as any expenditures we can utilize for other services.
5. Gift cards
5.1 Gift cards for services are valid for at least three years.
5.2 Cash backs for gift cards are not possible.
6. Rental gear
The client commits to treat our rental gear with care. The client is liable for criminal damages, theft, loss of gear, and losses due to late return of rented gear.
7. Client withdrawal, cancellation cost
7.1 The client may cancel their booking in writing at any time prior to receiving a booking confirmation from us.
7.2 After contract conclusion the client may withdraw from the contract before the start of the service, but they are obligated to compensate. The compensation amount may be determined by us at the time. Otherwise the amount is as followed.
We ask for your understanding for charging the following cancellation cost.
- If the participant does not show up for a course or cancels on the day of the course: 100% of the total.
- When cancelling less than 24 hours prior to the start of the course: 50% of the total.
- When cancelling less than 48 hours prior to the start of the course: 20% of the total.
Nevertheless, we must recognize any expenditures we saved as well as any expenditures we can utilize for other services. The client may prove that we did not suffer any cost or significantly less cost than lump sums determined above.
8 Cancellation
There is no right of withdrawal for consumers in the case of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, the transport of goods, motor vehicle hire, the supply of food and drink and the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision (section 312g(2) sentence 1 no. 9 BGB). This means that there is no right of withdrawal. Each booking is therefore binding immediately after confirmation and obliges payment for the booked course or snowshoe tour.
9. Force majeure, abort of service
9.1 If the planned conduct of the service is significantly complicated by force majeure we may terminate the contract. If the second course day of a two-day course has to be cancelled because of force majeure you may make good for the second day or we will refund payments that were already made. Nevertheless, we will keep an appropriate compensation for already performed services (If the second day is cancelled we will charge a one-day course). Unfavourable weather conditions are not a case of force majeure unless they threaten the personal safety of the participants. Otherwise, our services will be performed in any weather.
9.2 Our employees, guides and seminar conductors are entitled to abort services if the contract partner or a group member disturbs the conduct of the contract despite oral warning or if they act reckless. This may be the case if participants violate the guide’s/seminar conductor’s instructions and/or the rule of conduct. In this case, we are entitled to keep the total price minus possible saved expenditures.
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