I. Scope, service content
(1) The following terms and conditions apply to all business relationships between myself and my guests. In each case, the valid version at the time of concluding the contract is decisive.
(2) The Mountain Guide Contract includes my obligation as a mountain guide to guide a guest on a specific tour. In return, he undertakes to pay my fee, unless expressly agreed gratuitous.
(3) Anyone who is healthy, as well as the requirements stated in the respective tour descriptions, is entitled to participate in the tours offered and is equipped accordingly. For the condition and the maintenance of the equipment as well as the own health condition every guest is responsible. In order to assess the suitability of the individual guest for the planned tour, he commits himself to truthful information to me.
(4) Due to the legal obligation by § 8 para 3 Tyrolean Mountain Sporting Guides Act, I have to convince myself before starting a tour that my guests are sufficiently equipped. Therefore, I have to refuse the leadership of persons who are poorly equipped or who obviously are not up to the difficulties of the planned mountain tour. This is done based on the information provided by the guest.
(5) My job as a mountain guide is, in particular, to take into account the physical and climatic abilities of the guests, the consideration of special hazards (such as stone and ice, avalanches, falls, changes in the weather, etc.) as well as the decision regarding the choice between several route variants, continuation and termination of the tour, with regard to the use of breaks and their lengths to make the decision regarding the entrainment and use of equipment (especially of rope, crampons, crampons, pimples, etc.).
(6) Due to this particular responsibility for the correct conduct of the mountain tour, the guests commit themselves to the conclusion of the mountain guide contract, to submit to my arrangements, which I submit in my capacity as a responsible and knowledgeable guide of the tour. If the guests do not do so, I cannot be held responsible for any resulting consequences.
(7) Deviating, conflicting or supplementary terms and conditions, even if known, are not part of the contract, unless their validity is expressly agreed in writing.
II. Conclusion of the contract
(1) The contract of the mountain guide between the guest and me comes about if there is agreement on the essential components of the contract (fee, destination of the tour, time of the same and the number of persons entrusted, etc.). The booking can be made in writing or by phone. Telephone bookings are legally binding.
(2) Each guest will receive an offer for the Bergführervertrag as well as my AGB immediately after booking. The offer and the terms and conditions have to be signed. The contract is concluded with the signing of the offer and the terms and conditions.
(3) The offer includes in particular information on arrival, the necessary equipment and clothing items, ancillary costs, number of participants, expected tour and meeting point, the total price and the terms of payment and general information about my company and contact details as well as the right of withdrawal , This information in the offer complies with the information obligations in accordance with § 4 para. 1 FAGG.
(4) If several participants are booked at the same time, the person liable for the settlement of the invoice amount making the booking is liable. It is assumed action in its own name. Incidentally, when concluding a mountain guide contract for the management of a mountain tour with several persons, all are jointly and severally liable for the fee.
(5) By signing the offer, a deposit of 10% (more depending on the agreement) to make, the balance has to be paid at least 10 days before tour start on my account deducted and exempt from charges.
(6) As far as services of foreign entrepreneurs (service providers, tour operators) are mediated, foreign law can also be applied.
III. Change in the person of the client
If the client is prevented from traveling, he may transfer the contract to another person, provided that he fulfills all conditions for participation and the transfer is communicated within a reasonable time before the departure date. A rebooking fee of € 10 is to be paid by the new guest and has to sign and return both the offer and the terms and conditions. The transferor and the acquirer shall be liable for the unpaid fee and, if applicable, for additional costs incurred in connection with the undivided hand. A refusal of the transmission by me is however possible in any case without indication of reasons.
IV. Minimum number of participants
(1) All events can only be carried out if the minimum number of participants stated in the tour descriptions is reached. Any contract between me and the guest will be concluded under the conditions precedent that the minimum number of participants is reached. If the minimum number of participants is not enough, I am entitled to withdraw my offer 14 days before the beginning of the event. The already paid fee will be refunded in full.
(2) If the guest still insists on the performance of the event, a new offer with a newly calculated price will be submitted. If the guest agrees with the newly calculated price and he returns the new offer signed, a new contract is concluded. However, there is no obligation for me to re-organize the event.
(1) It should be noted that vulnerable private insurance in connection with the planned tours are to be completed by the guests themselves. It is further stated that helicopter or mountain rescue operations can incur very high costs, which are generally not borne by the responsible social insurance institution and therefore have to be paid by the guest concerned. Each guest is advised to take out comprehensive travel insurance and cancellation insurance.
(2) The guest is responsible for compliance with any passport, visa, customs, foreign exchange and health regulations at his own expense.
VI. Legal basis for performance disruptions
(1) Warranty: The guest has a warranty claim in case of non or insufficient performance. The guest agrees that, inasmuch as this is possible, he will be provided with a defect-free service within a reasonable period of time instead of his claim for conversion or price reduction. In any case, in order to carry out the improvement during the current mountain tour, the guest has to report to the mountain guide.
(2) If a personal health impairment (for example, a too slow acclimatization to the height) leads to a malfunction, the guest can not derive any claims here.
(3) Compensation: In the case of culpable violation of an obligation arising from the contractual relationship, I am at my guests in the presence of all other legal requirements to compensate for the resulting damages in the context of my closed liability insurance for personal injury, property damage and property damage responsible. For material and financial damage, however, I liable only for intentional or grossly negligent causation. Excluded are compensation claims from the title of escaped holiday joy. Any compensation for damages is in any case limited by the amount of my compulsory liability insurance sum.
(4) Apart from statutory liability, guests take part in the mountain tours at their own risk. A considerable degree of prudence is thus vo-set out for each guest. As a mountain guide, I can not accept responsibility for accidents, damage or other irregularities that result from the realization of alpine hazards (such as danger of falling, altitude sickness, cold damage, avalanche danger, crevasse collapse, rockfall). This is confirmed by the guest with his registration.
(5) It should be noted that the conditional, health and technical requirements for guests referred to in each tour description are to be taken seriously. All events are carefully prepared and carefully managed by me. For peak success or fulfillment of subjectively presented destinations is not guaranteed by me. It is in the nature of the event that a certain residual risk and uncertainty for the tour guest persists. A tour preparation by endurance sports, appropriate technical training and personal prudence reduces the risk of accidents and is strongly advised each guest.
(6) Notification of defects: The guest has to inform me immediately of any defect in the fulfillment of the contract, which he determines during the tour. This basically does not change the warranty claims; However, a breach of the obligation to complain may be credited to the guest as contributory negligence and thus reduce any claims for damages. At the mitigation of the damage is to participate in any case.
(7) Complaint period: Defects or complaints are to be reported to me in case of other loss within 4 weeks after return in writing.
VII. Resignation from the contract
(1) Right of withdrawal of the guest within the periods of §§ 11 ff. FAGG: The guest can withdraw from a distance contract or a contract concluded outside of business premises within 14 days without giving reasons. The declaration of withdrawal is not bound to any particular form and can be made by post, fax or e-mail. The guest can use the model withdrawal form according to Annex I of these terms and conditions. The resignation period is respected if the resignation is sent within the deadline. All amounts paid by the guest until the exercise of the right of withdrawal will be refunded to the account of the guest within 14 days of receipt of the notice of withdrawal. Charges for this repayment will not be charged in any case. If the guest has expressly requested that the contractor’s contract be commenced during the waiting period, he shall pay to me a reasonable sum equal to the proportion of the guest up to the moment when the guest exercises the right of withdrawal Contract, services already provided in relation to the total volume of services provided for in the contract.
According to § 18 para. 1 no. 10 FAGG, a right of withdrawal does not apply if the time or the period of the tour is already contractually agreed from the outset.
(2) Resignation of the guest after expiry of the 14-day cancellation period: After expiry of the 14-day cancellation period according to VII. (1) of this contract, the following costs will be incurred in case of cancellation by the guest:
“up to 30 days before the start of the tour: 10% of the total price according to the offer (minimum self-retention from the 29th day € 20, – per person);
“from the 29th to the 20th day before the tour starts: 40% of the total price according to the offer;
“from the 19th to the 10th day before the tour starts: 60% of the total price according to the offer;
“from 9 to 4 days before the tour starts: 80% of the total price according to the offer;
“from the 3rd day before the tour starts: 90% of the total price according to the offer;
“In case of no show or cancellation on the same day: 100% of the total price according to the offer;
Date changes apply like cancellation and new registration. If replacement parts are provided, only rebooking fees will be charged.
If, according to VII. (1), a right of withdrawal is granted, the cancellation costs will only be incurred after
the 14-day withdrawal period. ”
(3) No show: If a guest stays away from the starting point of the tour because he is lacking motivation or if he has failed to start the tour due to a negligence or a chance that has befallen him, at least 85% of the guide fee plus any travel expenses.
(4) Resignation of the guide before the trip starts: If the cancellation occurs due to force majeure, i. due to unusual and unpredictable events on which I had no influence and the consequences of which, despite the necessary care, could not have been avoided, as a mountain guide I can also cancel the tour without being exposed to any claims for damages. Such events include, but are not limited to, governmental orders, strikes, war or war-like conditions, natural disasters, epidemics, etc. In such event, the total price minus my administrative expenses will be reimbursed.
(5) Resignation of the mountain guide after the trip: I as a mountain guide will be exempted from the provision of services, if a guest in the context of a tour of inappropriate and grossly careless behavior, the execution of the mountain tour – regardless of a warning – lasting disturbance or other endangered. In this case, the guest, if he is at fault, obliged me to pay damages. In such case, the total price will not be refunded.
VIII. Amendments to the contract
(1) Price changes: I reserve the right to increase the fee confirmed with the booking for reasons that are not dependent on my will, provided that the tour date is more than two months after the conclusion of the contract. Such reasons include, for example, the change in any transport costs or the exchange rates to be applied to the tour, changes in statutory provisions or official decrees. For a price reduction for these reasons, this is also passed on to my guests. From the 20th day before the departure date there is no price change.
(2) Changes in performance after the start of the tour: Reasonable and factually justified program changes due to changes in the weather, other alpine dangers as well as condi- tion weaknesses of the individual guests and others are reserved for all tours. According to § 8 (4) of the Tyrolean Mountain Sports Act, the mountain guide is obliged to stop a mountain tour if circumstances occur in which the physical safety of his guests seems to be endangered. The guests can not assert any claims for compensation against me from these circumstances. Here, my decision to judge the weakest guest and share the other guests on the mountain tour the same fate.
(3) Change in the person of the mountain guide: The principle of the personal execution of the guide contract applies. In the event of my being prevented from important causes (for example, illness, death in the family, etc.), I am entitled to delegate leadership to a third party. The guest agrees to this transfer possibility-expressly. In such a case, my liability is limited to any selection fault.
IX. Providing information to third parties
Information about the names of the guests as well as the residence cake will not be given to third parties, even in urgent cases, unless the guests have explicitly requested information. The costs of sending urgent messages are at the expense of the traveler.
X. Final provisions
(1) For all disputes arising from the business relationship between me and my guests, the objectively and locally competent court of my seat in Wiesing in Tyrol is responsible.
(2) Austrian law shall apply, excluding the conflict rules and the principles of behavior of the International Association of Mountaineering Clubs UIAA, which are handed to the guest on request.
(3) All deliveries based on the contractual relationship shall be made to the last known address. The guest is obliged to announce a change of the delivery address, otherwise a delivery to the last known address of the guest will be effective.
(4) Should individual provisions of the contract with the guest, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision will be replaced by a provision that comes as close as possible to the economic success of the invalid.