GENERAL BUSINESS TERMS AND CONDITIONS
SKISCHULE LECH GMBH & CO KG

General Provisions, Scope of Application

‘Skischule Lech GmbH & Co KG’ (hereinafter: “Skischule Lech”) shall render its services exclusively on the basis of the following General Business Terms and Conditions (Terms and Conditions). They shall apply to all legal relationships between Skischule Lech and any person making use of the services offered by it (hereinafter: “Customer”), even if such Terms and Conditions are not explicitly referred to. Skischule Lech is engaged in the operation of a snow sports school (ski school). Said operation particularly includes services such as training courses imparting skills and knowledge of skiing (without any warranty concerning a certain training success) as well as ski-guiding and escorting.

The version of the Terms and Conditions valid at the time of contract conclusion shall be decisive in each case. Regulations deviating from these Terms and Conditions as well as other supplementing agreements made with the Customer shall be effective only if they have been confirmed by Skischule Lech in writing.

Business terms and conditions of the Customer, if any, shall not be accepted even if Skischule Lech has become aware of them, unless otherwise explicitly agreed upon in writing on a case-by-case basis. Skischule Lech explicitly objects to any terms and conditions of the Customer. In this context, Skischule Lech shall not be obliged to raise any additional objections to terms and conditions of a Customer.

In the event that these Terms and Conditions refer to natural persons in the male gender only, such references shall equally apply to female and male persons.

The services advertised by Skischule Lech shall not constitute binding offers, but shall be regarded as an invitation to the reader to submit an offer to Skischule Lech.

Contract Partner

Order and Contract Conclusion

Skischule Lech offers its services both on its website www.skischule-lech.com and in its business premises. Contracts between Skischule Lech and the Customer can be concluded by electronic means (submission of an offer via online form and acceptance of contract via e-mail confirmation) as well as in the business premises of Skischule Lech (contract conclusion by issuance of a voucher).

Distance Selling and Statutory Right of Withdrawal

Contracts for services of Skischule Lech concluded via the online shop constitute distance contracts within the meaning of the Austrian Act on Distance and Off-Premises Contracts (FAGG), provided the Customer is a consumer.

Consumers generally have a statutory right of withdrawal of 14 days after contract conclusion pursuant to the FAGG. However, this statutory right of withdrawal does not apply to contracts for the provision of leisure services where the contract provides for a specific date or period of performance (FAGG Section 18 paragraph 1 no. 10). As the courses and services offered by Skischule Lech each have a fixed start date and/or a fixed period, consumers do not have a statutory right of withdrawal.

Irrespective of this, the contractual cancellation rules set out under "Cancellation by the Customer" apply to the cancellation of booked services. This contractual cancellation is to be distinguished from the statutory right of withdrawal.

Prices

All prices indicated or displayed in the online shop and in the business premises of Skischule Lech shall be inclusive of VAT at the rate applicable in each case.

Mode of Payment

For payment of services booked through the online shop, only Visa and Mastercard credit cards are accepted. Payment is processed via the payment service provider Hobex (COPYandPAY) immediately as part of the order process in the online shop.

By completing the order process and providing valid payment details, the Customer authorises Skischule Lech to charge the agreed total price immediately. The booking is only considered complete once payment has been successfully processed.

If payment fails during the order process, no contract is concluded and the booking is not completed.

Exclusion of Offsetting and Right of Retention

The Customer shall only be entitled to offset against counterclaims if they are legally connected with the claim asserted by Skischule Lech, have been determined by a court or accepted by Skischule Lech, as well as in the event of an insolvency of Skischule Lech. If the Customer is not a consumer within the meaning of Section 1 paragraph 1 no. 1 of the Austrian Consumer Protection Act (KSchG) (i.e. is an entrepreneur), offset against counterclaims legally related to Skischule Lech shall be excluded.

Retention rights the Customer is entitled to by virtue of law shall remain unaffected.

Voucher

Vouchers are to be redeemed at the Skischule Lech office. An advance reservation by e-mail, telephone or in person is absolutely necessary. If the value of a voucher exceeds the value of the service used, the remaining amount will be credited to the customer. A new voucher will not be issued for this. The credit balance of the remaining amount can be redeemed for further use of services of the Skischule Lech. A cash redemption of the (remaining) value is excluded in any case, i.e. also in the case of non-redemption. The original validity period of the voucher is not affected by this, so that there is no extension of the original validity period.

Cancellation by the Customer

The customer is entitled to withdraw from the concluded contract up to 14 days before the start of the booked service upon payment of a processing fee of €25.00. After that, a withdrawal by the customer is no longer possible and the Lech ski school - regardless of whether the customer does not use the booked service in whole or in part (e.g. due to illness, accident, bad weather, etc.) - retains its full claim to payment from the customer in the sense of a contractual penalty in the amount of 100% of the agreed total price.

The above mentioned deadlines also apply in case of partial cancellation of the booked service. The receipt of the cancellation declaration by the Lech ski school is decisive.

In order to exercise this contractual cancellation right, the Customer must send a cancellation notice to the following address by mail or email or contact Skischule Lech by phone:

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  by phone: +43 5583 2355

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  by mail: Skischule Lech GmbH & Co KG, Tannberg 185, 6764 Lech

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  by email: info@skischule-lech.com

In the event that the customer only withdraws from the concluded contract with regard to a single day or individual days within a booked period (in good time) or does not make use of the booked service of the Lech ski school ("no show"), the Lech ski school is entitled to withdraw from the concluded contract with regard to the remaining days (subsequent days after the cancelled or unused days). In this case, the Lech ski school loses its claim to payment for the remaining days with regard to which it has withdrawn from the contract.

If the service was partially used on a day (e.g. an accident or illness during the course), this day will be charged in full. This also applies if the agreed course is not used in full by the customer, e.g. only 3 instead of 4 hours. In this case, too, the entire basic price per day will be charged.

If, in the case of a group course, part of the booked service has already been used, the fee for the service not used will be refunded in the amount of the difference between the fee actually paid and the fee that would have been paid for the service actually used if the service had only been booked for the period of actual use from the outset. The handling fee amounts to € 25.00 in any case and will be deducted from the refund amount.

Example: A customer books a group course for 7 days for €510 and has an accident on day 4 during the course and is unable to continue participating. The customer has therefore used 4 days of service provided by Skischule Lech. If they had booked 4 days group lessons originally, the rate would have been €375. The customer therefore has the right of reimbursement for the balance difference of those two amounts i.e. €135 minus the processing fee of € 25.00 thus € 110.00.

In the case of a reasonable cancellation the reimbursement will be made within 14 days from the date of the cancellation.

Cancellation by Skischule Lech

If weather conditions do not guarantee that the ordered services can be rendered in a secure and safe way, Skischule Lech shall be allowed to postpone or cancel the booked services. If services are cancelled, Skischule Lech undertakes to repay the Customer any amounts already paid within a term of 14 days after the date of cancellation.

Accident Insurance

The Customer is aware of the fact that the practise of skiing is connected with numerous dangers and that particularly tours in free-ride areas are connected with the risk of getting into distress in the mountains. In addition, the Customer is aware of the fact that a rescue of persons in the mountains, especially by air and mountain rescue services, may result in high costs. The Customer is recommended to take out a corresponding leisure time insurance (especially an insurance covering rescue and air rescue charges), particularly as Skischule Lech does not assume any liability for such rescue and air rescue charges, unless such expenses were caused by an intentional or grossly negligent conduct of Skischule Lech, its legal representatives or agents.

Ability Categories

The services rendered by Skischule Lech shall be divided into the following ability-related groups:

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  adult groups (persons aged 18 and above): on-piste skiing, skiing on ski routes, off-piste skiing, ski tours, freeriding

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  senior groups (persons aged 65 and above): on-piste skiing, skiing on ski routes, off-piste skiing, ski tours, freeriding

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  youth groups (13-18 years of age): on-piste skiing, skiing on ski routes and freeriding

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  children groups (up to 12 years of age): exclusive on-piste skiing and skiing on ski routes.

The allocation to the different groups for skiing courses shall be made by Skischule Lech. Any changes made by Skischule Lech with regard to the grouping, especially also assignments to less advanced groups, shall in any case be accepted by the Customer, even if they are made after the start of courses.

The Customer shall be obliged to comply with the instructions given to him or her by Skischule Lech, its legal representatives and agents. If warnings fail to be observed, Skischule Lech shall be entitled to dissolve the respective contract without any delay. Apart from that, Skischule Lech shall have the right to terminate the contract immediately if a Customer making use of the services rendered by Skischule Lech is under the influence of alcohol or drugs.

In the case mentioned above, the Customer shall not be entitled to a refund of the price paid by the latter.

Warranty

Skischule Lech warrants towards the Customer that the ordered service will comply with the contract, but does not guarantee any training success of the Customer.

Liability

Skischule Lech shall not assume any liability for damages – except for personal injuries – to the extent that they are not due to an intentional or grossly negligent behaviour of Skischule Lech, its legal representatives or agents and the conduct causing the damage is not related to main obligations arising from the contract for Skischule Lech. This exclusion of liability shall not apply to completely unforeseeable or atypical damages the Customer could not reasonably expect.

Skischule Lech particularly refuses any liability with respect to damages caused by the Customer during the rendering of the services agreed upon either to himself or herself or to other persons or damages caused to him or her by other persons.

The services of Skischule Lech shall exclusively be rendered outdoors, on ski runs or in free-ride areas under partially difficult or very difficult conditions. Unfavourable weather conditions such as rain, snow or mist may impede such conditions even more.

The Customer shall be obliged to give Skischule Lech true and complete information about his or her skills and experience in connection with snow sports. Similarly, the Customer shall inform Skischule Lech comprehensively about his or her physical abilities, especially his or her state of health and ailments, if any.

The services rendered by Skischule Lech may, on each level of skill and ability, be connected with high demands concerning materials and the Customer’s physical fitness and driving technique. For this reason, every Customer is asked to exclusively use properly maintained sports equipment and the usually prescribed safety equipment when making use of the ordered services and to assess his or her own performance realistically.

The Customer is asked to note that failure to wear a safety helmet may, in the event of injuries, constitute contributory negligence by the Customer. The Customer is therefore recommended to wear a safety helmet as well as any other safety equipment recommended to be used in connection with the respective service (e.g. avalanche beacon for freeriding).

Place of Performance

Place of performance for deliveries, services and payments shall be the registered place of business of Skischule Lech.

Applicable Law

Austrian law shall be applicable under exclusion of the UN Sales Convention. For consumers not having their usual residence in Austria, their own national mandatory consumer rights provisions shall apply if they are more favourable for the consumer than the relevant provisions included in the Austrian legislation.