General Terms and Conditions
Important Information for Your Order
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all business relationships between TOP Schischule Westendorf (hereinafter referred to as the “Ski School”) and its customers.
1.2 The Ski School offers services in the field of winter sports. These include, in particular, skiing, snowboarding and cross-country skiing lessons, off-piste/freeride lessons, private lessons, group courses and lunchtime supervision for children.
1.3 These GTC apply to all bookings made online, by email, by telephone or in person on site.
1.4 Any deviating agreements shall only apply if they have been expressly confirmed in writing by the Ski School.
2. Conclusion of the Contract
2.1 The presentation of services on the website or in other information media does not constitute a legally binding offer.
2.2 By completing a booking, the customer submits a binding offer to conclude a contract.
2.3 The contract is only concluded upon receipt of the booking confirmation from the ski school (e.g. by email) or upon issue of a payment receipt.
2.4 The booking confirmation or payment receipt serves as proof of the service booked and must be presented on request.
3. Right of withdrawal
3.1 The services offered constitute leisure services within the meaning of Section 18(1)(10) of the Distance and Off-Premises Sales Act (FAGG).
3.2 There is therefore no statutory right of withdrawal for bookings of skiing, snowboarding, cross-country skiing and off-piste courses, private lessons and lunchtime supervision.
4. Withdrawal and Cancellation
4.1 Withdrawal from a booking must be made in writing. Notification by email is sufficient.
4.2 The following cancellation conditions apply to all course bookings:
up to 20 days before the start of the course: 100% refund
7 to 19 days before the start of the course: 50% refund
less than 7 days before the start of the course: no refund
Refunds for online bookings that have already been paid for will be made in accordance with the cancellation policy. Payment fees or third-party costs already incurred may be deducted.
4.3 The date on which the ski school receives the notice of cancellation shall determine whether the deadline has been met.
4.4 In the event of illness or accident, a refund for the course days not attended will be issued upon presentation of a medical certificate. Course days that have already commenced or been used will not be refunded.
4.5 If a customer fails to attend or arrives significantly late for the start of the course, there is no entitlement to a refund or to make up the missed lesson time.
4.6 The ski school is entitled to exclude customers from lessons if they are under the influence of alcohol, drugs or medication, or if they significantly disrupt the lessons or repeatedly fail to follow the instructors’ instructions. In such cases, there is no entitlement to a refund.
5. Group Lessons and Provision of Services
5.1 Groups are organised according to age and skiing ability.
5.2 Should a group comprise fewer than four participants due to a low number of enrolments, the ski school is entitled to merge groups, assign participants to another suitable group according to their age and skiing ability, or adjust the duration of the lessons accordingly.
5.3 Repeated changes of instructor due to organisational requirements do not constitute grounds for a complaint or a refund.
5.4 The ski school undertakes to employ only appropriately qualified instructors.
5.5 Participants must arrive at the designated meeting point in good time with a full set of suitable equipment.
5.6 The ski school reserves the right to change meeting points or lesson locations at short notice for organisational or safety reasons.
5.7 Private lessons generally take place in all weather conditions. Lessons will only be cancelled in the event of a lack of safety or official restrictions.
5.8 Any delays on the part of the customer will result in the lesson time being shortened accordingly. There is no entitlement to an extension of the lesson or a price reduction.
6. Prices and Terms of Payment
6.1 The prices published at the time of booking shall apply.
6.2 All prices are quoted in euros and include the applicable statutory value added tax.
6.3 Unless expressly stated otherwise, lift passes and hire equipment (skis, snowboards, boots, helmets, etc.) are not included in the course price.
6.4 The course fee must be paid in full before the course begins.
6.5 Online bookings are processed via the payment methods offered.
6.6 If a booking is made in person or by email, payment must be made no later than the start of the course.
6.7 For online bookings, the prices listed in the online shop at the time the contract is concluded apply.
7. Impossibility of Performance / Force Majeure
7.1 If an agreed service cannot be provided, either in whole or in part, due to circumstances beyond the ski school’s control, there shall generally be no entitlement to a refund of the course fee or compensation for consequential costs. In such cases, the ski school shall endeavour to provide an appropriate alternative service or to adapt the service. Statutory claims for a refund remain unaffected by this.
7.2 Such circumstances include, in particular: exceptional weather conditions, avalanche risk, official measures, closures of lifts, slopes or cross-country trails, technical failures of facilities, force majeure and other unforeseeable events.
7.3 In such cases, the ski school shall endeavour, where possible, to offer a suitable alternative. However, there is no entitlement to a specific alternative service.
7.4 In the event of weather-related restrictions, the ski school may adjust the schedule, meeting point, course content or duration of the lessons accordingly.
7.5 Should it not be possible to hold lessons for safety reasons, the decision to cancel or adjust the lessons rests solely with the ski school or the responsible ski school management.
8. Liability
8.1 Participation in skiing, snowboarding, cross-country skiing and off-piste lessons is at your own risk.
8.2 The ski school and its ski instructors accept no liability for damage resulting from the participant’s own misconduct, failure to follow instructions or the use of unsuitable equipment.
8.3 Participants or their legal guardians are obliged to inform the ski instructors, before the start of the course, of any health restrictions, injuries or special circumstances that could affect participation.
8.4 The ski school accepts no liability for the loss, theft or damage to personal belongings.
8.5 The ski school is liable only for damage caused by wilful misconduct or gross negligence on the part of the ski school or its staff. The statutory liability provisions remain unaffected.
9. Participants’ obligations
9.1 Participants undertake to follow the instructions of the ski instructors, to comply with the safety rules and FIS rules, to behave considerately towards other users of the slopes and cross-country trails, to use suitable and serviceable equipment, and to arrive on time for lessons.
9.2 In the case of children and young people, their legal guardians are responsible for ensuring that suitable equipment is provided and that the children are adequately prepared to take part in lessons.
9.3 In the event of gross misconduct, endangering other participants or repeated failure to follow instructions, the ski school may exclude participants from lessons. In such cases, no refund of the course fee will be made.
9.4 For off-piste lessons, participants must be in appropriate physical condition and have suitable equipment. The decision regarding feasibility and safety rests with the ski instructor.
10. Data Protection
10.1 The processing of personal data takes place exclusively in accordance with the relevant legal provisions, in particular the General Data Protection Regulation (GDPR).
10.2 The data provided by participants is used to process the booking, organise lessons, facilitate communication and fulfil legal obligations.
10.3 Personal data will only be disclosed to the extent that this is necessary to provide the booked services or where there is a legal obligation to do so.
10.4 Further information on the processing of personal data can be found in our privacy policy on our website.
11. Copyright and Photographs
11.1 All content on this website, in particular text, images, graphics, logos and other representations, is protected by copyright.
11.2 The use, reproduction or distribution of content is not permitted without the express consent of the ski school.
11.3 Photographs and videos taken during lessons or at events organised by the ski school may be used for promotional purposes, provided that no express objection is raised by the participants or their legal guardians.
12. Final Provisions
12.1 Should any provision of these General Terms and Conditions be or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions.
12.2 Any amendments or additions to these General Terms and Conditions must be made in writing.
12.3 Austrian law shall apply.
12.4 The place of jurisdiction shall be, to the extent permitted by law, the registered office of the ski school.
12.5 By booking a course or service, these General Terms and Conditions are deemed to have been accepted.
TOP Schischule Westendorf
Westendorf, Österreich