Terms of Service
§ 1 General
The following General Terms and Conditions (hereinafter: GTC) shall apply exclusively to the business transactions of Schischule HOPL Hochwurzen-Planai OG (hereinafter: Schischule HOPL). Deviating or supplementary provisions shall only become part of the contract if they have been expressly confirmed in writing by the HOPL Ski School.
§ 2 Conclusion of contract
Offers made by HOPL Ski School are subject to change. Contracts concluded via the internet are only valid upon written confirmation by HOPL Ski School.
§ 3 General Conditions of Participation
The contractual partner must inform HOPL Ski School truthfully and comprehensively about his skiing abilities and experience, and must independently ensure that he has equipment that corresponds to his skiing technique and the external conditions. Before the start of the lesson, the contractual partner must arrange for the ski equipment (in particular ski bindings) to be checked by a specialised company. He must also inform the HOPL ski school in detail about his state of health and any medical conditions.
The grouping of ski courses is done by the HOPL ski school. There is no entitlement to a specific group, downgrades are possible.
The contractual partner must follow the instructions of the HOPL ski school. The contractual partner undertakes to comply with the rules of behaviour of the International Ski Federation (FIS rules) at all times during the lessons. Contractual partners who are skiing for the first time will be instructed in the FIS rules by the HOPL ski school. If the contractual partner is an advanced skier, knowledge of the FIS rules is assumed. Failure to comply with instructions entitles the HOPL Ski School to cancel the contract. The influence of alcohol or drugs entitles HOPL Ski School to cancel the contract. In the cases described above, the contractual partner is not entitled to cancellation of services that have not yet been fulfilled by both parties.
If the number of course participants in group courses is reduced to less than 4 persons, HOPL Ski School reserves the right to combine these or to reduce the number of lessons appropriately. There is no entitlement to a specific person as ski instructor. HOPL Ski School reserves the right to change the ski instructor within the framework of the fulfilment of the contract.
§ 4 Prices and terms of payment
Our prices are quoted in EURO and are inclusive of VAT, unless expressly agreed otherwise. The price lists publicly displayed in the ski school office apply, unless expressly agreed otherwise. No liability is accepted for typesetting and printing errors in the ski school brochure or on the company website (hopl.at). Ski passes and equipment are not included in the prices and must be procured independently.
The contractual partner undertakes to pay the price in full upon conclusion of the contract, unless other express agreements have been made. Even if the contractual partner is in default of payment through no fault of his own, we are entitled to charge interest on arrears at a rate of 6% per annum. Claims for compensation for proven higher interest shall not be affected by this. In the event of default, the contractual partner undertakes to reimburse us for the reminder and collection charges incurred, even in the event of default in payment through no fault of his own.
Credit card payments in favour of HOPL will be collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland (‘TREKKSOFT’). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT. Please email support@payyo.ch for all enquiries regarding your credit card payments and chargebacks.
§ 5 Liability provisions
HOPL Ski School shall only be liable to pay compensation in all cases in question in the event of wilful intent or gross negligence, insofar as this does not conflict with mandatory law.
§ 6 Warranty
The statutory warranty rules apply. A lack of training success shall not be deemed to be defective performance.
§ 7 Rescission due to accident or illness
The contractual partner may only withdraw from a service contract with the HOPL Ski School that has not yet been fulfilled or has only been partially fulfilled in the event of an accident or illness that makes it impossible to accept the service in return for a 10% retention of the services not yet consumed. The presentation of a medical certificate from a doctor based at the place of fulfilment is a prerequisite for the assertion of this right. The costs of the medical certificate shall be borne by the contractual partner. The price will only be refunded to the extent of 90% of the services not yet utilised.
§ 8 Cancellation fee
In the event of withdrawal from the contract (cancellation) by the contractual partner, the agreed price must be paid in full or will be retained in full, unless a case of § 7 exists. In the event that HOPL Ski School is unable to fulfil the contract (e.g. due to COVID regulations), the agreed price will be refunded to the contractual partner minus a processing fee of 5%.
We offer ‘cancellation insurance’, which can be taken out via our online shop at the time of booking. This enables the contractual partner to avoid the costs of cancellation. The cost of the cancellation insurance is 5% of the booking amount. By taking out our ‘Cancellation Insurance’, HOPL Ski School guarantees the full amount of the course will be refunded in the event of cancellation by the date of the course start.
§ 9 Impossibility of performance of the contract due to force majeure
In principle, lessons take place in all weather conditions. If the fulfilment of the contract is not possible due to force majeure, in particular due to weather conditions, there will be no cancellation of the unfulfilled contract.
§ 10 Portrait protection / assignment of rights
The contractual partner acknowledges and at the same time agrees that the HOPL ski school or a third party commissioned by it may take photographs or videos during the fulfilment of the contract. The contractual partner expressly agrees to the publication of such works in electronic media, in particular the website and the Facebook fan page of the HOPL ski school, but also the publication in advertisements of the HOPL ski school.
§ 11 Severability clause
Should individual provisions of these terms and conditions be invalid or incomplete, this shall not affect the validity of the remaining provisions and the entire legal transaction. The ineffective or incomplete provision shall be replaced by a provision that comes as close as possible to the economic purpose of the ineffective or incomplete provision.
§ 12 Place of performance
The place of fulfilment is Rohrmoosstraße 218, 8971 Schladming.
§ 13 Place of jurisdiction and choice of law
Austrian substantive law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. The contractual language is German. Without prejudice to compulsory jurisdiction, the competent court at the registered office of the HOPL Ski School shall have local jurisdiction to decide on all disputes arising from this contract.
Skischule HOPL Hochwurzen-Planai OG
Rohrmoosstraße 218 |8971 Schladming
HOPL Hotline +43 664 88 76 76 90 | info@hopl.at
Firmenbuchnummer: 195042b | Firmenbuchgericht: Landesgericht Leoben
UID: ATU49737307