General Terms and Conditions oft he company ACS Alpincenter Wolfgang Steiner
The program offers are open for anybody, unless there are medical considerations preventing the participation. Additionally, the requirements for participation are printed in the different catalogues. We expect an adequate degree of team spirit and capacity.
2. Registration and conclusion of an agreement
The registration takes place in written form with the appropriate form (or per email). Upon its acceptance by the organiser the contract becomes a valid agreement with the written registration confirmation. With this registration , the terms and conditions are approved. Should the contents of the confirmation differ from the contents of the registration, these are deemed as accepted by the customer and organiser, if the option of withdrawing is stated in the confirmation, and the client didn’t make use of this possibility within 10 days after receiving the written confirmation. If the customer does not react, the deviation is considered accepted. The customer receives the programm documents at the latest one week prior start.
Exclusively the service descriptions as well as the information of the confirmation of registration are decisive for the amount of contractual services. Additional ageements that expand the scope of the contractual services require the written confirmation by the organiser.
For expeditions: after receiving the confirmation of your reservation, you are required to pay a deposit of no less than 10% of the travel price, or the amount printed on the bill within 8 days. This is valid for all programme offerings. Payment of the remaining amount shall be on our bank account 3 weeks prior to departure. In case the payment has not been done before the start, we reserve ourselves the right to withdraw from the contract and claim the corresponding cancellation fees. In case of short term bookings, less than 30 days before departure, the customer shall immediately after booking pay the entire amount. If additional costs are generated (telefon, fax…), these will be paid by the customer.
5. Withdrawal by the customer, change of reservation and substitute person
The customer may withdraw from the booked event at any time prior to the beginning of the event. Relevant ist the day of receipt of the written declaration of withdrawal by the organiser. If the customer withdraws from the agreement, or if he doesn’t withdraw from it and doesn’t make the journey, then the organiser can ask the customer for an adequate compensation under consideration of the normally saved expenses. The organiser has the right to claim for the specific calculated reimbursement or hereinafter the fees. For long–term cancellations of reservations (up to 60 days before the start of the event), a cancellation fee of at least € 50.- per person will be charged.
The following fees per person will be incured for short term cancellations:·
- 59 – 30 days before the start of the event up to 25%
- 29 – 22 days before the start of the event up to 50%
- 21 – 1 day before the start of the event up to 90%
- In case of cancellation of the event up to 100% oft he event fee
A change of reservation (every change of date, destination, type of transport or accomodation), upon request of the customer after conclusion of the contract, will be regarded as withdrawal from the contract and subsequent rebooking. Cancellation fees will not be charged 14 days prior to the start if for that person a substitute person of your choice could be found. This person must meet the requirements of the tour and there may be no legal or authoritative regulations that oppose the participation of this person in the tour.
If the customer travels privately to the event and either fails to arrive or is late, the customer has no claim to reimbursement of the event price.
6. Withdrawal and cancellation by he organiser
The organiser can if the participant number is not reached
- Withdraw from the contract 14 days prior the start oft he event. In this case the customer immediately receives a cancellation. The customer shall be refunded the amount paid in. Claiming is excluded.
- Make a new offer to the concerned participants based on the smaller size of the group.
The contract may be terminated at any time by the organiser, if the customer consistently impairs the carrying of the tour despite being warned by the organiser or if he behaves in such a contract-breaching manner that immediate cancellation of the contract is justified. In that case the organiser reserves the right to the travel price. The costs arising from an early departure shall be borne by the customer. If the client does not make use of travel services, no refund ot the travel price will be made.
7. Liability of the organiser
The organiser is liable in the due diligence of a businessman for·
- Preparing the tour responsibly
- The careful selection and supervision of service providers
- The correctness of the service description
- The proper fulfilment of the contractually agreed service, according to the local customs of the particular country or place. In case the customs ( for example regarding accomadation, food, means of transport etc.) play a significant role, than these should be highlighted separately in the event description. As mentioned earlier, most of the offered activities are not blanket events in the tradional sense. This fact includes inevitably certain risks. The organiser is not liable for disturbances to services resulting from those risks and with no fault of the organiser.
- The supervisory duty of his entrusted participants, if it concerns adolescents under 18 years. For participants over 18 years, participation is at your own risk.
8. Limited liability
Liability of the organiser to the participant – for any legal reason whatsoever - is limited to three times the total of the cost of the tour (event, journey), so far a damage of the participant has not been caused deliberately or grossly negligent or if the organiser is responsible for the damage of a customer only due to the default of a funding source. If another agency organises the event, then she is liable within her travel conditions unless disturbances to services based on a culpable behaviour at the time of conciliation.
9. Duty of cooperation
If impairement of performance arise, the traveller undertakes all reasonable steps to contribute to remedying or limiting any impairement of performance that may occur. Any complaints should be sent in writing to the organiser. The tour organiser is not authorized to acknowledge claims. Claims expire 6 months after the end of the tour.
10. Passport, visa, customs, health and foreign exchange regulations
The customer ist responsible for the above mentioned requirements. Any disadvantages or problems resulting from non-adherence to such requirements are to be borne by the traveller. By registering fort he event the customer confirms that no medical reasons speak against his/her participation in the trip or the particular sporting activities.
11. Statutory provisions
Apart from that, statutory provisions shall apply subject, in particular those concerning the Travel Contracts Act 651 a ff BGB.
12. Invalidity of individual provisions
The invalidity of individual provisions of the event contract does not result in the invalidity of the entire contract.
13. Place of jurisdiction
Place of jurisdiction for both parties is the district court Radstadt.
The above conditions are valid for all business dealings and recognised by the customer, unless otherwise agreed in writing. Customers are advised to take out travel-accident, cancellation, health, liability and luggage insurance (for expeditions) in their own interest.
Changes due to the weather in the course of the programm might be possible for the safety of the customer. Those who are responsible for the programmes will decide. No compensations will be granted. All licences which are needed for specific activities should be shawn befor starting the journey.
The participants are fully liable for damages resulting from negligence, carelessness and intent.
ACS Alpincenter Wolfgang Steiner
01. April 2004