Terms and Conditions

1 Scope of the GTC

1.1 These General Terms and Conditions (hereinafter: “GTC”), in their respective valid version, exclusively apply to business relationships between the Ski School Kitzbühel Rote Teufel, Tiroler Skischule Kitzbühel Rote Teufel Reicht GmbH, and the course participant (hereinafter: “Customer”). The valid version of the GTC is determined by the time of the respective booking.
1.2 The subject matter of the contract is the provision of services, in particular ski instruction and guiding/accompanying on ski tours (within the meaning of § 1 para. 1 T-SSG 1995), as well as related activities (hereinafter: “Courses”). This also includes childcare services and related services (e.g. catering for children).
1.3 Deviating provisions from these GTC are valid only if expressly agreed in writing between Ski School Kitzbühel Rote Teufel and the Customer. Conflicting terms and conditions of the Customer have no effect on the business relationship described in 1.1.

2 Conclusion of Contract

2.1 Course registrations received by Ski School Kitzbühel Rote Teufel via telephone, e-mail, or online shop constitute a legally binding offer to conclude a contract for the services advertised. Based on such an offer, Ski School Kitzbühel Rote Teufel sends an order confirmation to the Customer. Only upon transmission of this confirmation does a contractual relationship arise.
2.2 A declaration by the Customer to an employee of the Ski School Kitzbühel Rote Teufel expressing the wish to use services constitutes a legally binding offer. The contractual relationship arises only upon payment of the chosen service and issuance of a receipt.
2.3 The Ski School Kitzbühel Rote Teufel is not obliged to inform the Customer of a rejection of registration. If the registration is not confirmed within 2 (two) weeks, the Customer’s offer is deemed not accepted.
2.4 The booking confirmation and/or payment receipt serve as proof of entitlement to the booked service and must be presented to the course instructor at the start of the course.

3 Right of Withdrawal for Contracts Concluded by Telephone, Web Form, or E-Mail

3.1 The services offered constitute “leisure services” within the meaning of the Austrian Distance and Off-Premises Transactions Act (FAGG).
3.2 According to § 18 para. 1 no. 10 FAGG, there is no right of withdrawal for leisure services.

4 Right of Cancellation

4.1 The Customer is entitled to cancel the contract in writing (e-mail is sufficient) without further obligations, particularly without payment of fees or cancellation charges, under the conditions stated below.
4.2 For private courses, cancellation is permitted up to 14 days before the first day of service without obligations.
4.3 For group courses (meaning the booking of an open group course, not bookings for private groups), cancellation is permitted up to 14 days before the first day of service without obligations.
4.4 In group courses, cancellation is also permitted in case of illness or accident before or during the course, preventing participation, if the Customer submits a medical certificate (without diagnosis) within 3 days. For injuries during the course, confirmation must be issued by a local doctor or hospital. The Ski School Kitzbühel Rote Teufel will either issue a credit note or refund the proportional fee within 21 days.
4.5 The decisive factor is the receipt of the cancellation notice by the Ski School Kitzbühel Rote Teufel before 23:59h on the last day of the cancellation period. Transmission errors are at the Customer’s risk.
4.6 In all other cases, the Customer is not entitled to withdraw without express written consent of the Ski School and must pay the full fee, including in cases of no-show or late arrival.
4.7 The Ski School Kitzbühel Rote Teufel may withdraw if the Customer is under the influence of alcohol, drugs, or medication to the extent that safe participation is no longer guaranteed, or if the Customer persistently disobeys instructions (see 9.5). In such cases, no claims exist, and the full fee remains payable.
4.8 Refunds shall be made using the same payment method as used by the Customer, unless otherwise expressly agreed without additional costs.

5 Impossibility of Performance

5.1 If performance is impossible for safety reasons (e.g. weather conditions, avalanche risk), the Ski School Kitzbühel Rote Teufel is not obliged to provide services. The Ski School alone decides on such impossibility. Partial impossibility (e.g. 3 out of 5 days cancelled) does not affect the provision of the remaining service.
5.2 In such cases, the proportional fee will be refunded within 21 days. No further claims exist.
5.3 Force majeure, including epidemics, pandemics, official closures, or other unforeseeable and unavoidable events, releases the Ski School from its obligations.
5.4 In such cases, the Ski School will issue a credit note or refund the proportional fee within 21 days, at the Customer’s choice. Further claims are excluded. Any rights under § 10 para. 2 Austrian Package Travel Act remain unaffected.

6 Prices, Payment Terms, Performance

6.1 All information (price lists, website, brochures, ads, etc.) is non-binding. Changes are reserved.
6.2 All prices are in EURO (€), gross including VAT, unless otherwise stated.
6.3 Course fees are due upon conclusion of the contract. Online bookings can only be paid by credit card; on-site payments are possible in cash. Any transaction fees are borne solely by the Customer. Offsetting is only possible with legally established or acknowledged claims.
6.4 Default occurs without reminder. In case of default, statutory default interest and all additional costs (e.g. legal or collection costs) are payable. Payments may be applied to open claims regardless of Customer allocation. If one payment is not made, all other claims become immediately due.
6.5 If the Ski School cancels a private course, the Customer must compensate all resulting expenses.
6.6 If the Ski School cancels a group course for one participant, the course continues for the others. No liability is assumed for the excluded participant from that point on.
6.7 Place of performance is A-6370 Kitzbühel, Austria.

7 Service Provision

7.1 The Ski School may change course meeting points at short notice. Customers will be informed.
7.2 The Customer must arrive punctually at the designated meeting point.
7.3 The Ski School may exclude Customers with contagious diseases. In such cases, Customers are entitled to a proportional refund or credit note.
7.4 The Ski School undertakes to provide qualified instructors or childcare staff as per Tiroler Schischulgesetz (T-SSG).
7.5 No guarantee of training success is assumed.

8 Limitation of Liability / Insurance

8.1 Except for personal injury, the Ski School is not liable unless caused by intentional or grossly negligent acts and affecting essential contractual obligations.
8.2 No liability exists for damages caused by the Customer to themselves or others without the School’s fault.
8.3 Regardless of fault, the Ski School is not liable for lost profits, pure economic losses, or consequential damages exceeding three times the course fee.
8.4 Customers are advised that not wearing a helmet may constitute contributory negligence. Helmets and other safety equipment (e.g. avalanche transceivers) are strongly recommended.
8.5 Winter sports carry inherent risks, especially in off-piste terrain, including risk of serious injury or death, particularly from avalanches.
8.6 Rescue operations can incur high costs. Customers are advised to take out appropriate insurance. The Ski School is not liable for rescue/airlift costs unless caused intentionally or by gross negligence.

9 Participation Requirements and Customer Obligations

9.1 Before lessons, Customers must truthfully inform the Ski School of their skiing ability and provide suitable equipment.
9.2 Customers must disclose any health issues.
9.3 Customers must not participate with infectious diseases (e.g. fever, vomiting, diarrhea). For group courses, the cancellation right under 4.4 applies with a medical certificate.
9.4 Customers must have their equipment (especially bindings) checked by a professional. The Ski School does not perform such checks.
9.5 Customers must follow instructions. Disregard entitles the Ski School to immediate withdrawal from the contract. Misconduct towards others also entitles withdrawal.

10 Data Protection

10.1 The Ski School is committed to data protection and processes personal data lawfully. Details can be found at www.rote-teufel.at. On request, the information is also provided in paper form.

11 Miscellaneous

11.1 Ski passes must be purchased separately at the Customer’s own expense.
11.2 Oral side agreements do not exist. Any amendments require written form, including waiver of the written form requirement.
11.3 Austrian substantive law applies, excluding Austrian international private law.
11.4 If the Customer is an entrepreneur or consumer outside the EU, Switzerland, Norway, or Iceland, the competent court at the Ski School’s seat has exclusive jurisdiction.
11.5 If the Customer is a consumer within the EU, statutory jurisdiction applies.
11.6 If any provision is invalid, the economic intent shall be replaced by a valid provision. The rest remains unaffected.
11.7 Rights and obligations under these GTC transfer to the legal successors of the Ski School.