General Terms & Conditions

FUN & PRO SKI AND SNOWBOARD SCHOOL

Unless expressly agreed otherwise, these General Terms and Conditions apply to all legal transactions and contractual relationships concluded between Fun & Pro Sport Pichler GmbH Fun & Pro (hereinafter referred to as "Author") and their customers as contractual partners. The subject matter is the operation of a ski and snowboard school as well as shops for hire – service and ski depot.  

All prices quoted by the author are in EUROS and, unless otherwise agreed, include the statutory value added tax. No responsibility is accepted for the accuracy of price lists. We do not assume liability for printing errors.  

The Author is entitled to collect, store and process the customers' personal data insofar as this is required for the purposes of the business relationship.

CONDITIONS OF PARTICIPATION

If a group course should be reduced to less than 4 participants for any reason, we reserve the right to assign you to another group or to reduce the number of lessons. In case of an extension from the 3rd course day onwards, the rate as per the price list for the extension day applies, and not the difference  to the preferred number of days.

Refund of the course fee due to injury or illness only upon presentation of a medical cert. Only unused days (difference) will be refunded. For packages, the refund is based on the respective course or hire duration.

Course cancellations due to weather conditions (force majeure) will not be refunded. Private lessons take place regardless of the weather conditions. The course ticket is not transferable! Unused course days expire!

Changes of instructors are possible due to our flexible organisation.

The ski course fee does not include the use of the ski lifts (the ski school will not compensate for lesson times lost due to breakdowns of the cable cars and ski lifts) or lunch supervision.

SAFETY

We do not assume any liability for accidents occurring during or before lessons. Accident and liability insurance is the responsibility of the course participants.

Reference is expressly made to the fact that according to the Salzburg Regional Sports Law 1988, LGBI No. 98/1987, children and teenagers up to age 15 are obliged to wear a ski or snowboard helmet ÖNORM EN 1077:2007 for alpine skiing and snowboard sports. This is why the helmet hire is included free of charge in the ski course for children – but not in the case of ski hire.

Course participants must also familiarise themselves with the content and use of the current FIS piste rules and comply with them.

INFORMATION AND RECOMMENDATIONS RELATING TO LIABILITY

It is explicitly stated that the practice of snow sports is associated with numerous risks and that, in particular during tours or descents in open terrain, there is an increased risk of injury or even death, especially due to avalanches, which cannot be completely ruled out.

The client acknowledges that any rescue from slopes or in open terrain is often associated with high costs. The customer is therefore advised to take out appropriate insurance, as the Ski & Snowboard School is not liable for rescue and air rescue costs, unless these rescue and/or air rescue costs were caused by the Ski & Snowboard School or a person attributable to it through intentional or grossly negligent behaviour.

The customer of the Ski & Snowboard School and all course participants are strongly advised to take out health, accident, liability and foreign health insurance.

SKI AND SNOWBOARD HIRE

The equipment can be picked up from 1 pm the day before and must be returned by 6 pm on the return day.

A ski set consists of skis, boots and poles. The helmet is not included. If both parents hire a ski set, children up to the age of 10 get the Classic set free of charge.

Renters are liable for the correct return of equipment up to the sales value of the rented products. In the event of improper handling, the service charge will be invoiced.

If theft insurance is booked, customers cost-sharing part is as follows:
Classic 100 Euros; Sport 190 Euros; Pro 250 Euros; Select 350 Euros;

The equipment owner has the right to ask for security in the form of the provision of a personal document (passport, ID card, driving licence) or a deposit. The provision of security is not valid as a possible purchasing price for the equipment.

BONUS FOR EARLY BIRDS

10% discount on ski hire if booked up to 3 days before arrival
5% discount on courses, private lessons and packages until 30 days before arrival
No early booking bonus is given on lunch supervision, deposit, vouchers, group and family ski instructors and e-bike rental. Discounts cannot be combined (e.g. regular customer discount or family equipment hire offer and early booking bonus)

A handling fee of  15 Euro will be charged for on-site rebookings

PAYMENT

Payments in favour of Fun & Pro Sport Pichler GmbH are processed by TREKKSOFT AG, Hauptstrasse 15, CH-3800 Matten ("TREKKSOFT"). TREKKSOFT will appear as the executing company on your credit card statement. If you have any questions regarding your credit card payments and chargebacks, please send an email to support(at)payyo.ch

CANCELLATION POLICY AND RIGHT OF WITHDRAWAL FROM EQUIPMENT AND COURSES

If you book on site, you can cancel the contract up to 5 pm of the day before without incurring a cancellation fee. The refund amount will be recalculated on the basis of the actual services used for that period. The total is thereby reduced, while the daily fee might increase.

up to 10 days before arrival 95% refund
from 9 to 1 days before arrival 90% refund
No refund from start day or no-show by 6 pm

OBLIGATIONS OF THE CUSTOMER

The customer is required to inform the Ski & Snowboard School truthfully and comprehensively about his/her abilities and experience in the respective snow sport booked at the beginning of the course.

They must inform the Ski & Snowboard School about their state of health and any ailments that could impair the practice of snow sports or become acute during the practice of this sport.

Furthermore, the customer undertakes not to participate in lessons in the event of feverish infections, contagious diseases and illnesses accompanied by diarrhoea and vomiting.

In particular, if COVID-19 symptoms occur (fever, dry cough, tiredness, breathing difficulties, etc.), the customer is obliged to refrain from participating in the classes.

If the client has booked a group course, they may exercise the right of withdrawal provided for this purpose upon presentation of a medical certificate.

CONTENT OF THE ONLINE OFFER

The author does not assume any liability for correctness, completeness or quality of the information provided, nor does he guarantee that all the information is up-to-date. Liability claims against the author, concerning damage of idealistic or of a material kind, which was caused by the use or non-use of the presented information and/or by the use of incorrect and incomplete information, are in principle impossible, insofar as a non-deliberate or roughly negligent fault can be proved on the part of the author.

All offers are subject to change and are non-binding. The author expressly retains the right to amend, supplement, delete or discontinue the publication, temporarily or permanently, of parts of the pages or the entire offerings without special notice having been given.

REFERENCES AND LINKS

For direct or indirect references to third-party websites ("links"), which are not within the area of responsibility of the author, a liability obligation would come into force exclusively in the case, where the author has knowledge about the content and it is technically possible and reasonable to prevent the use of illegal content.

The author hereby expressly states that at the time of the setting of the links there was no illegal content recognizable with the linked pages. The author does not have any influence on the current and future organization, the contents or the authorship of the linked pages. Therefore, the author hereby expressly disassociates itself from all the contents of all linked/referenced pages, which were changed after the links had been set. This statement applies to all links and references, set within our own internet content as well as to foreign entries in guest books, panels and mailing lists installed by the author.

For illegal, faulty or incomplete contents and particularly for damage which results from the use or non-use of information presented the supplier of the site alone is liable, which has been referred to and not the one, whose links merely refer to the publication.

COPYRIGHT, BRANDS AND TRADEMARKS

The author will make every effort to consider in all publications, copyrights of the used graphics, sound documents, video sequences and texts, to use graphics, sound documents, video sequences produced by itself, or to revert back to license-free graphics, sound documents, video sequences and texts.
All brands and trademarks, mentioned within the internet offer, which may be registered and protected by third parties, are unrestrictedly subject to the regulations of the respective valid laws and to the rights of the registered owners. However, due to the sole mentioning of a brand or trademark, no conclusion can be drawn, that brand names are not protected by third-party rights!

The copyright for published objects, produced by the author itself, remains exclusively with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications shall not be allowed without the author’s express consent.

PICTURE RIGHTS

By accepting the General Terms and Conditions, the course participant gives their express and irrevocable consent and agreement that photographs may be taken by the Ski and Snowboard School within the framework of the ski lessons given and the associated events and published on the website or social media channels.  On the part of the course participant, no rights whatsoever can be derived from this, so that with acceptance of the author's terms and conditions, this is expressly waived.

If you do not agree to the publication, we will remove the desired image. Please send a message to sportcamp(at)fun-pro.com 

PROVISIONS RELATING TO COVID-19 (SARS-COV-2 VIRUS OR THE CORONAVIRUS)

The customer is generally aware of the occurrence of the global Covid 19 pandemic and the resulting restrictions.

In this respect, the customer is obliged to ensure familiarity with any existing restrictions, rules of conduct and recommendations for action relating to the region in which the Ski & Snowboard School is located. This also includes the COVID 19 regulations in force for accommodation and cable car operations.

The customer is aware that rules of conduct to be followed by the customer on their own responsibility, such as regular hand washing with soap and water and other hygiene measures, keeping a distance, wearing a mouth/nose protection where keeping a distance is not possible or even mandatory, coughing and sneezing into a paper handkerchief or the crook of the elbow and refraining from greetings with physical contact can serve to prevent further spread of the virus by the customer.

The customer must comply with all relevant instructions of the Ski & Snowboard School or the ski hire company that serve to protect the health and safety of the contracting parties. These instructions apply to the premises of the Ski & Snowboard School, the meeting point or assembly point and all locations visited during the lessons.

The customer also agrees to comply with and follow appropriate instructions and rules of conduct communicated by third parties, such as lift or cable car operators, lodging establishments, catering establishments or other establishments, and which the customer uses in connection with the use of the services of the Ski & Snowboard School.    

The customer declares that they have not had any symptoms of illness typical for COVID-19 in the 14 days prior to the first attendance of the lessons. They also declare that, to the best of their knowledge, they have not had any contact with persons infected with COVID-19.

The customer declares that if they experience any symptoms of illness, such as a dry cough, shortness of breath, loss of sense of taste or smell, sore throat, or fever, prior to the start of a class, they will stay away from the class and contact the telephone health line at 1450 for further clarification. This also applies if the customer suspects that they are ill with COVID-19 or with an illness that has not yet been medically clarified in more detail.

Should relevant symptoms or the suspicion of being ill with COVID-19 occur during the lessons, the customer is to immediately inform the Ski & Snowboard School so that the customer can immediately be isolated from other persons.

The customer acknowledges that should a COVID-19 infection occur or evidence of infection be found even in one other customer of the Ski & Snowboard School, this may result in the Ski & Snowboard School having to discontinue the performance of the contract and all customers participating in the lessons will subsequently have to be quarantined or undergo COVID-19 testing at the customer’s own expense.

The customer acknowledges and agrees that their personal data will be used for the purpose of contact tracing by the Ski & Snowboard School in connection with COVID-19.

SPECIAL PROVISIONS FOR CONTRACTUAL RELATIONSHIPS 

The service performance is possible for the Ski & Snowboard School:

If it is possible for the Ski & Snowboard School to fulfil the contractual performance and the customer does not attend the lessons, the provisions set out under "Cancellation Conditions" above apply accordingly.

This also applies if the customer cancels or has to cancel their attendance in the lessons due to a proven or suspected infection of the customer with COVID-19 before or during the contractual performance by the Ski & Snowboard School.

The service performance of the Ski & Snowboard School is certainly possible as long as the use of piste areas is not completely prohibited or cable car or lift operation is not completely halted in the ski resort where the Ski & Snowboard School is based.

The closure of any accommodation business used by the customer, closures of third-party businesses or the emergence of infections in third parties in the location or region where the Ski & Snowboard School is based do not render service performance by the Ski & Snowboard School impossible.

The same applies for any potential departure obligations or departure recommendations affecting the customer owing to corresponding travel warnings or recalls by states for their own citizens if these were foreseeable or must have been foreseeable for the customer on the basis of the information obligations applicable to the same.

The service performance is entirely or partially impossible for the Ski & Snowboard School:

In the following cases the corresponding performance obligation of the Ski & Snowboard School shall cease entirely or partially for the contractual period and the customer shall receive a voucher that is redeemable at a later date for a corresponding subsequent period of lessons unless the customer makes a written request for a corresponding refund of the fee already paid by the same:

• Regulatory business closure or universal business closures if these also affect the business of the Ski & Snowboard School;

• Regulatory cessation of operation of all lift and cable car businesses if the operation is essential for the service performance by the Ski & Snowboard School;

• Officially ordered quarantine for the entire location or entire region where the Ski & Snowboard School is based or

• Government-ordered departure obligation affecting the customer if the same was unable to anticipate it.

  The performance obligation of the Ski & Snowboard School shall also cease if the accommodation used by ski or snowboarding instructors of the respective Ski & Snowboard School is affected by official closures or other health precautions such as quarantine measures or mandated isolation owing to the occurrence or suspected occurrence of one or more COVID-19 infections among ski or snowboarding instructors or third parties, and if at least 10% of the members of teaching staff of the Ski & Snowboard School are absent as a result. The Ski & Snowboard School is specifically not obliged to buy in teaching services.

The Ski & Snowboard School can only provide the service after amending the contract (adaptation of the contract to changed circumstances):

In the event that official measures or orders result in group courses being prohibited, the Ski & Snowboard School is entitled to amend the contract or to adjust the contract fee taking into account the price offered for individual courses or individual lessons at the time the contract was concluded, and to invoice the customer for the difference to the payment already made, subject to the following conditions:

• a regulatory measure or order was issued after the contract was concluded prohibiting the holding of group courses or courses for groups of persons not from the same household, which was not foreseeable for the contracting parties at the time the contract was concluded,

• the regulatory measure or order relates to the period of performance of the contract,

• the Ski & Snowboard School is permitted to hold individual courses in accordance with the regulatory measure or order,

• the Ski & Snowboard School is still able to provide its contractual services, at least in principle (the use of piste areas has not been completely prohibited or the operation of the cable cars or lift has not been completely suspended), and

• the customer has not withdrawn from the contract in accordance with the withdrawal conditions.

SPECIAL LIABILITY PROVISIONS

The Ski & Snowboard School accepts no liability for any damage and consequential damage or other disadvantages of any nature that the customer incurs or could incur in connection with the occurrence of COVID-19 infections.

This also applies in particular if the customer is infected during performance of the contractual services, or if an infection comes from the Ski & Snowboard School despite compliance with the relevant precautions. 

If the service performance is entirely or partially impossible for the Ski & Snowboard School on one or more of the grounds stated above, then liability of the Ski & Snowboard School is excluded in all cases for all damage and consequential damage or other disadvantages that could be incurred on the part of the customer (e.g. loss of holiday enjoyment, any frustrated expenditure, any costs in connection with arrival and departure, any costs and disadvantages of any nature in connection with voluntary or compulsory premature termination of the stay or associated early departure, advance payments not refunded by or cancellation costs to be paid to accommodation businesses or third-party businesses, possible costs in connection with expired ski passes, costs for COVID-19 tests or other health-related measures, any conceivable disadvantages of any nature above and beyond these etc.).       

If the service performance is entirely or partially possible for the Ski & Snowboard School (cf. in this respect the corresponding provisions above) and the customer has to cancel the lessons before or during the service performance by the Ski & Snowboard School because of proven or suspected COVID-19 infection then the cancellation conditions apply.

 The Ski & Snowboard School reserves the right to take temperature measurements from every customer before the start of each course or at the start of each course day. In the case of an elevated temperature, fever or other significant indications of infectious diseases like COVID-19, the Ski & Snowboard School may exclude the customer from the lesson at its own.

In these cases the customer is entitled either to a pro rata refund of a fee already paid or to the issue of a corresponding credit note. 

PLACE OF JURISDICTION, PLACE OF FULFILMENT AND GOVERNING LAW

Place of fulfilment is the central headquarter of the Ski School/the Ski Rental. Place of jurisdiction for any disputes will be the competent court at the central headquarters of the Ski School/the Ski Rental. Austrian Law applies. The contract language is German.

LEGAL FORCE

Should individual terms of this contract be or become inoperative, this will not affect the remaining terms of this contract and the validity of the contract as a whole. The ineffective provision shall be replaced by one that is valid and most closely approximates the commercial result or intended purpose. Changes to these General Terms & Conditions have to occur in writing. 

SUPPLEMENT TO OUR TERMS AND CONDITIONS FOR OUR SUMMER PROGRAMME AND BIKE HIRE

• Bike pick-up is from 9 am on the day of hire – return by 6 pm at the latest. Please bring your ID with you.
• Duration of hire
  1 day is from 9 am to 6 pm (the daily rate is only valid for return on the same day)
  3 hours are from 9 am to 12 noon or from 3 pm to 6 pm.
  Online reservation is only possible up to 3 days before arrival and only for whole days

• The hirer is liable for all damages caused by accident or deliberate action. Bicycles must always be locked and parked correctly. Repairs are handled professionally in our workshop and invoiced to the customer. Spare parts plus time required – service hourly rate €45

• The bikes are not insured in case of theft. The current market value will be charged.

• The hirer acknowledges that the hire company is not liable for accidents nor other unforeseeable events during the hire period. Every user must have a health insurance policy that also covers recreational use.

• Our hire bikes are always serviced. Training is given when the bikes are picked up. Please report any defects immediately.

•  Roadside assistance is not included in the hire price. Repair tools can be provided free of charge upon request. If it is not possible to continue the journey, we charge €20 for the service ride

• The road traffic regulations must be observed!

• The following cancellation policies apply
  Up to 14 days before arrival 90% refund
  From 13 to 1 days before arrival 80% refund
  No refund in case of cancellation on the start day or no-show

Minors (under 14 years of age) may only use the Zorb if accompanied by an adult or upon presentation of a declaration of consent. Minimum height for children 120 cm, minimum age 10 years.

Permissible total weight 150 kg per ride (max. 2 persons) – for persons over 100 kg only one ride for 1 person can be booked. If Zorbing is not possible on the day booked due to severe winter or heavy rain, an alternative date will be arranged – no refund will be given.

Leisurewear; shoes as well as loose objects such as mobile phones, jewellery or sunglasses must be removed. Please bring swimwear for hydrozorbing.

We do not assume any liability for accidents that occur during or before the courses tours or zorbing. Accident and liability insurance is the responsibility of the course participants.

Errors and printing errors excepted!