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Scope, service content
The following terms and conditions apply to all terms and conditions between me and my guests. In each case, the valid version at the time of the conclusion of the contract is decisive.
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. Anyone who is healthy, as well as the requirements stated in the respective tour descriptions, terms and conditions and in the tender details, is entitled to participate in the tours offered and is suitably equipped. For the condition and the maintenance of the equipment as well as the own health condition each guest is responsible. To assess the suitability of the individual guest for the planned tour, he undertakes to truthfully tell me. Persons affected by medication, alcohol or drugs are excluded from the tour.
Due to the legal obligation of § 14 Abs. 2 Steiermärkisches Berg- und Schiführergesetz I have to make sure before starting a tour that my guests are sufficiently equipped. Therefore, I have to refuse the leadership of persons who are poorly equipped or evidently unable to cope with the difficulties of the planned mountain hike. This is done based on the information provided by the guest. All tours are well planned and prepared. Before each tour, there will be an extensive introduction by the mountain guide or tour guide. However, the risks are manifold and therefore can not be completely ruled out. Liability for all damages and claims, regardless of the legal grounds, against the mountain guide or our partners is limited to gross negligence and intent. The organizer is not liable for damages resulting from activities that go beyond the booked program. The customer of the tour expressly assures that he submitted the travel registration in the name and power of attorney of the registered travel participants. Mountain costs (emergency medical helicopter, mountain rescue, etc.) are, if they are not covered by the existing liability insurance from the mountain guide, to be borne by the host to the host.
My task as a mountain guide is in particular the consideration of the physical suitability and the climbers abilities of the guests, the attention to special dangers (such as stone and ice blow, avalanches, crash, weather changes etc.) as well as the decision between the choice of routes 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 the rope, crampons, crampons, pimples, etc.). Injuries and damages must be reported to the guide immediately.
Due to this special responsibility for the correct execution of the mountain tour, the guests commit themselves to the conclusion of the mountain guide contract to submit to my orders, which I submit in my capacity as a responsible and knowledgeable guide of the tour. If the guests do not do so, I can not be held responsible for any resulting consequences. Part of the arrival and departure to the tour areas with private motor vehicles. These transports are not part of our program. Therefore, we assume no liability for accidents and damage that may arise.
The organizer is liable for services of third parties only for the proper mediation, e.g. Accommodation, meals, transfer. Participation in all events is at your own risk and risk. If equipment is lent, the borrower is liable for the proper return. Most of the tours and tours offered have a sporty and adventurous character and thus make increased demands on fitness and health. The instructions of the mountain guide must be obeyed.
Deviating, conflicting or supplementary terms and conditions, even if known, are not part of the contract, unless their validity is expressly agreed in writing.
1.1. The contract for 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, the time of the tour and the number of persons entrusted, etc.). The fee is based on the tariffs of the current valid mountain guide tariff according to § 8 Steiermärkisches Berg- und Schiffahrergesetz. For tours not included therein the principle of free compensation of the fee applies. The registration has to be made on the designated registration form. The booking can be made in writing or by phone. Telephone bookings are legally binding. If several participants register at the same time, they are liable for the settlement of the invoice amount, which makes the registration. It is believed acting in its own name. Incidentally, the conclusion of a mountain guide contract for the management of a mountain tour with several persons, all in solidarity for the fee claim. The guest receives immediately after conclusion of the contract a confirmation of the mountain guide contract, thus my information duties are covered. This confirmation includes in particular information on the arrival, the necessary equipment and clothing items, ancillary costs, number of participants, expected route and meeting point.
1.2. As far as services of foreign entrepreneurs (service providers, tour operators) are mediated, foreign law can also be applied.
2. Change in the person of the guest
If the guest 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. 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.
3. Minimum number of participants
All events can only be carried out if the minimum number of participants stated in the tour descriptions or communicated by telephone is reached. If the minimum number of participants is not reached, then I am entitled to withdraw from the contract up to 3 days before the start of the event. The fee already paid will be refunded in full. 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 to the newly calculated price, a new contract is concluded. However, there is no obligation to re-organize the event.
4.1. It should be noted that susceptible private insurance in connection with the planned tours are to be completed by the guests themselves. It is further noted that in helicopter or mountain rescue operations can incur very high costs, which are not taken over by the responsible social security institutions as a rule and therefore have to be paid by the guest concerned.
4.2. The guest is responsible for compliance with any passport, visa, customs, foreign exchange and health regulations at his own expense.
5. Legal basis for disruptions
The guest has a warranty claim in the case of non or insufficient performance. The guest declares his agreement that a defect-free service will be provided to him, if possible, instead of his claim for conversion or price reduction within a reasonable period of time. In any case, to carry out the improvement during the current mountain tour, the guest has to report to the mountain guide. If your own health impairment (eg too slow acclimatization to the height) leads to a performance disruption, the guest can not derive any claims here.
5.2. Damages receivable:
In the event of culpable violation of an obligation arising from the contractual relationship, I shall be responsible to my guests for all personal, property and pecuniary damage in the event of all other legal requirements for compensation for the resulting damages within the scope of my liability insurance. However, this does not apply in the case of slightly negligent damage. Also excluded are claims for compensation from the title of lost holiday pleasure. A possible compensation is limited in any case with the amount of my liability insurance sum.
Apart from statutory liability, guests take part in the mountain tours at their own risk. A considerable degree of prudence is therefore required for every guest. As a mountain guide, I can not accept responsibility for any accident, damage or other irregularity resulting from the achievement of alpine hazards (such as danger of falling, altitude sickness, cold damage, avalanche danger, crevasse fall, falling rocks, etc.). This is confirmed by the guest with his registration.
It should be noted that the conditional, health and technical requests to guests, which are referred to in the individual tour descriptions and in addition by telephone, are to be taken seriously. All events are carefully prepared and carefully managed by me or by myself and my partners. 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.
5.3. Notification of defects:
The guest has to inform me immediately about any shortcoming in the fulfillment of the contract, which he determines during the tour. This basically does not change the warranty claims, but 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.
5.4. deadline for claims:
Defects or complaints are to be reported to me in writing within 4 weeks after return.
6. Cancellation of the contract
6.1. Resignation of the guest:
a. Resignation with cancellation fee
In case of cancellation by the guest following costs arise:
Up to 30 days before the tour 10% of the fee, minimum from the 29th Day Euro 20, - per person.
from the 29th to the 20th day before the tour starts 25%
from the 19th to the 10th day before the tour starts 50%
from the 9th to the 4th day before the tour starts 65%
from the 3rd day before the tour starts 85%
In case of no show or cancellation on the same day 100% of the respective fee. Date changes apply like cancellation and new registration. If substitute participants are present, only rebooking fees will be charged.
If a guest stays away from the starting point of the tour, because he lacks the touring spirit, or if he fails to set off on a tour due to negligence or accident, at least 85% of the guide fee may be deducted.
The guest who has booked a tour, in the case of an intended withdrawal from the contract for one of the statutory reasons for cancellation or for other reasons, this by correspondence or telephone to explain. For the calculation of the cancellation fee, the date of receipt of the declaration is decisive.
6.2. Resignation of the mountain guide before starting:
If the cancellation is due to force majeure, i. due to unusual and unpredictable events, on which no influence and whose consequences could not have been avoided despite the necessary care, I can also cancel the tour as a mountain guide, without being exposed to any claims for damages. Such events include, but are not limited to, government orders, strikes, war or war-like conditions, natural disasters, epidemics, etc. In such a case, the management fee will be refunded less my administrative burden.￼
6.3. Resignation of the mountain guide after commencement of the journey:
, as a mountain guide will also be released from the provision of services if a guest in the context of a tour, improper and grossly careless behavior, the execution of the mountain tour - regardless of a warning - lasting disturbance or endanger others. In this case, the guest, if he is at fault, obliged me to pay damages. In such case, the guide fee will not be refunded.
7. Amendment of the contract
7.1. 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 dates more than two months after the conclusion of the contract. Such reasons are, for example, the change in tariff approaches according to § 8 Steiermärkisches Berg- und Schiffahrergesetz, the change of possible transport costs or the exchange rates to be used for the tour. For a price reduction for these reasons, this will also be passed on to my guests. From the 20th day before the departure date, there is no price change.
7.2. Changes in performance after the start of the tour:
Program changes due to weather changes, other alpine dangers as well as conditional weaknesses of the individual guests and others remain reserved for all tours. According to § 14 Abs. 4 of the Styrian Mountain and Schiffahrergesetz the mountain guide is obliged to cancel a mountain tour, if unforeseen special circumstances occur in which the physical safety of his guests seems endangered. The guests can not assert any claims for compensation against me from these circumstances. Here, my decision to the weakest guest to judge and share the other guests on the mountain tour the same fate.
7.3. Change in the person of the mountain guide
It applies the principle of the personal execution of the mountain guide contract. 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. In addition, my partner agency " Sportagentur Strobl “ entitled to jointly offer tours offered for me and to provide a accordingly trained guide. The guest expressly agrees to this transfer option. In such a case, my liability is limited to any selection fault.
8.Providing information to third parties
Information about the names of the guests as well as the whereabouts are not given to third persons even in urgent cases, unless the guests have explicitly requested an information. The costs of sending urgent messages are burdensome for the traveler.
For all disputes arising from the business relationship between me and my guests, the competent and locally competent court of my seat in A-8904 Ardning in Styria is responsible.
11. final provisions
Austrian law, excluding the conflict rules, as well as the code of conduct of the International Association of Mountaineering Clubs UIAA, which are issued to the guest on request. Should individual provisions of the contract with the guest, including this general travel condition, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The whole or partial invalid provision will be replaced by a provision that comes as close as possible to the economic success of the ineffective.