Skiing4all Booking Terms & Conditions
§ 1 General Information
The following conditions exclusively regulate the legal relationship between You (the “Participant”) and Skiing4all. The Skiing4all General Terms & Conditions are expressly accepted by You upon your signing of the booking. By means of this booking, You declare yourself responsible for all contractual obligations pertaining both to You and those Participants You have registered. Should any provision of the Skiing4all General Terms & Conditions be or become void, or if the agreement should contain a loophole, the legal effect of the remaining provisions shall remain unaffected. Taking the place of any voided provisions, will be such provisions which, in legally permissible fashion, come closest to the original business intent of the void provision. Oral agreements have not been entered into. Amendments to these General Terms & Conditions must be in writing. This also applies to any amendments to these provisions, their mutually agreed-upon rescission or relinquishment thereof.
§ 2 Contract
By means of the booking, the Participant indicates that he has read and understood the General Terms & Conditions of Skiing4all, and that he accepts these as the substance of the contract. Skiing4all reserves the right to make Program changes at short notice, a right which the Participant expressly acknowledges and does so with full legal force.
Skiing4all accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the Participant or his Party, or any damage to their property, as a result of taking part in the Skiing4all Program. Declarations pertaining to services to be provided by Third Parties are based exclusively upon declarations made to us by the responsible service provider. The contractual obligation of Skiing4all is to properly broker the booked recreational services. The proper delivery of booked recreational services in no way constitutes any obligation on the part of Skiing4all itself. Within the framework of the brokered recreational services, Skiing4all assumes no liability in whatever form for the service provider in question, but is rather solely liable for the proper brokerage of the recreational service and the proper disclosure of information from the respective service provider to the Participant. Any liability of Skiing4all towards the Participant for the accuracy of declarations made by the service provider is likewise excluded, in so far as Skiing4all, either through gross negligence or premeditation, did not falsely convey this information. Within the scope of this contract, Skiing4all is also not liable for the consequences of force majeure.
§ 4 Insurance
The Participant is responsible for carrying appropriate insurance for any accidents or incidents whatsoever, which might occur before, during or after participation, and simultaneously obligates himself to indemnify Skiing4all in this regard. Skiing4all cannot be held liable for any costs, which might result from lack of or inadequate insurance.
§ 5 Payment
A deposit of 25% shall be due within 14 days from the time of booking. This will not be reimbursed in the event of cancellation. The remaining amount will be due no later than 8 weeks prior to scheduled commencement of the booked services unless another agreement has been made in writing. In the event of cancellation less than 8 weeks from the start of the booked services, the billing amount will not be reimbursed. We draw Your attention to the fact that participation can only be assured upon receipt of payment in full.
§ 6 Minors
Persons under 18 must obtain a written permission from a parent or guardian before booking any Program. The Participant must be 18 years of age or older on the first day of the Program or otherwise be accompanied by an adult. If the Participant is a minor, their parent or legal guardian must execute the necessary affidavit and release.
§ 7 Changes to the Program
Skiing4all Programs are aimed at people with cognitive disability. Due to the specialist nature of providing sports for people with disabilities and the limited resources available, it will be the final decision of Skiing4all as to what it is able to deliver. It should be recognised that due to the nature of the ski break the best/perfect facilities may not always be available. Skiing4all will do its best to offer the Programs as described, however, it may need to be compromise to get the best overall result. This may mean that sometimes the Program will need to be altered, e.g. snow-shoeing or sledging may be offered rather than skiing if the event of adverse weather conditions. Skiing4all will not be liable for any circumstances beyond its reasonable control that prevent the Program from being carried out or the Program to be fully enjoyed by the Participant.
§ 8 Priority for Participants with Special Needs
Due to the specialist nature of providing sport activities for children and adults with special needs, at times we might need additional members of staff to care for these persons. On such rare occasions, we reserve the right to alter the arrangements for the participants without special needs by subcontracting the services of our affiliated ski school for the skiing portion of our programs only, without altering the overall number of skiing and activity hours with us. Parents / carers will be given a choice between the various types of lessons on offer with an appropriate price adjustment (likely surcharge in case of the private lessons and likely refund in case of the group courses).
§ 9 Final Provisions
The legal relationship between Skiing4all and Participant is governed by the laws of the Federal Republic of Austria.