Terms of Service

§ 1 General

For the business transactions of the ski school HOPL Hochwurzen-Planai OG (in the following: ski school HOPL) exclusively the following general terms and conditions (in the following: AGB) apply. Deviating or supplementary regulations only become part of the contract if they have been expressly confirmed in writing by the ski school HOPL.

§ 2 Conclusion of contract

Offers of the ski school HOPL are subject to change. Conclusions of contracts via the Internet only arise with written confirmation by the ski school HOPL.

§ 3 General Conditions of Participation

The contract partner has to inform the ski school HOPL truthfully and comprehensively about his abilities and experiences in skiing, as well as to take care of the equipment according to the state of the art and the external conditions. Before the start of the lessons, the contractual partner must have the ski equipment (in particular ski bindings) checked by a specialist company. He must also inform the HOPL ski school comprehensively about his state of health and any suffering.

The ski school HOPL is responsible for the group classification of ski courses. There is no right to a certain group, downgrades are possible.

The contracting party must follow the instructions of the HOPL ski school. The contractual partner undertakes to observe the rules of conduct of the International Ski Federation (FIS rules) at all times during the lessons. Contract partners who ski for the first time will be instructed in the FIS rules by the ski school HOPL. If the contract partner is an advanced skier, knowledge of the FIS rules is assumed. Non-compliance with instructions entitles the HOPL ski school to cancel the contract. The influence of alcohol and drugs entitles the ski school HOPL to cancel the contract. In the cases described above, the contract partner is not entitled to a cancellation of services that have not yet been fulfilled by both parties.

If the number of participants in group courses is reduced to less than 4 persons, the ski school HOPL reserves the right to combine them or to reduce the number of lessons appropriately. There is no right to a certain person as ski instructor. The ski school HOPL reserves the right to change the ski instructor within the framework of fulfilling the contract.

§ 4 Prices and terms of payment

Our prices are quoted in EURO and include the statutory value added tax, unless expressly agreed otherwise. The publicly displayed price lists in the ski school office apply, unless other agreements have been made explicitly. No liability is accepted for typographical 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 purchased independently.

The contractual partner undertakes to pay the price in full when the contract is concluded, unless other express agreements have been made. Even if the contractual partner is in default through no fault of his own, we are entitled to charge interest on arrears at the rate of 6% per annum. Claims for reimbursement of proven higher interest rates shall not be affected thereby. In the event of default, the contractual partner undertakes to reimburse the dunning and collection charges incurred by us, even in the event of default through no fault of his own.

§ 5 Liability provisions

The ski school HOPL is obliged to pay compensation in all possible cases only in case of intent or gross negligence, as far as this is not contrary to mandatory law.

§ 6 Warranty

The statutory warranty regulations apply. A lack of training success is not considered to be insufficient performance.

§ 7 Rescission due to accident or illness

The contract partner can only withdraw from a not yet or only partially fulfilled service contract with the ski school HOPL in case of an accident or illness caused impossibility of the acceptance of services against retention of 10% of the not yet consumed services. The submission of a medical certificate from a physician resident at the place of performance is a prerequisite for the assertion of this right. The price refund will only be made for services not yet used to the extent of 90%.

§ 8 Cancellation fee

In the event of withdrawal from the contract by the contractual partner, the agreed price shall be paid in full or retained in full, unless there is a case under § 7.

§ 9 Impossibility of performance of the contract due to force majeure

In principle, lessons take place in all weathers. If the fulfilment of the contract is not possible due to force majeure, in particular due to weather conditions, the unfulfilled contract will not be reversed.

§ 10 Portrait protection / assignment of rights

The contracting party acknowledges and agrees that during the performance of the contract the ski school HOPL or a third party commissioned by it may take photographs or make videos. The contracting party expressly agrees to the publication of such works in electronic media, in particular the website and the Facebook fan page of the ski school HOPL, but also the publication in advertisements of the ski school HOPL.

§ 11 Severability clause

Should individual provisions of these terms and conditions be ineffective or incomplete, this shall not affect the effectiveness of the remaining provisions and that of the entire legal transaction. The invalid or incomplete provision shall be replaced by a provision that comes as close as possible to the invalid or incomplete provision in economic terms.

§ 12 Place of performance

Place of performance is Rohrmoosstraße 218, 8971 Schladming, Germany.

§ 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 contract language is German. Irrespective of the jurisdiction of the courts, the competent court at the headquarters of the HOPL ski school shall have local jurisdiction to decide on all disputes arising from this contract.

The ski school HOPL is obliged to pay compensation in all possible cases only in case of intent or gross negligence, as far as this is not contrary to mandatory law.

 

Schischule 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