1. Definition and services:
The Company Michi Gerg e.K., following named ski school, includes the ski rental, the ski school, the Kinderland and all other services provided by the ski school Michi Gerg e.K.. The customer, no matter what service he books or how he enters into the business relationship with the ski school, will be following named participant.
The participant expressly acknowledges these terms and conditions when booking services at the ski school.
The scope of services and prices are exclusively resulting by the description of the ski school and eventually the course confirmation.
Different agreements or changes in this agreement require a written confirmation from the ski school.
All services of the ski school are based on these terms and conditions.
2. Liability for information, offer and services
The ski school assumes no responsibility for the updates, correctness, completeness or quality of the information provided by it. Liability claims against the ski school, which refer to material or immaterial nature, which were caused by the use or disuse of the information provided or by the use of incorrect and incomplete information, are always excluded, in the case that the ski school was not intentional negligent.
All offers of the ski school are non-binding. The ski school expressly reserves the right to change, add supplements or delete parts of its offer (services) without prior notice or to dismiss offers or services temporarily or permanently.
The ski school assumes no liability for accidents of all kinds, provided that, it or the persons involved in the service delivery (teachers), had no intentions or negligences wich can be proven. Participants are aware that the offered courses are risky and that attending the course implies a presumed consent to any injury. The services offered by the ski school do not include insurance for the participants, in particular no accident insurance. Lack of accident or liability insurance protection is the sole responsibility of the participants. It is underlined that the preparation of the slopes is the sole responsibility of the slope operators. Insofar as the ski school uses the existing slopes, damages attributable to faulty slopes must be charged to the respective operator and any claims for damages must be asserted directly there.
To the extent permitted by law, any liability (including damages) of the ski school to the participant is limited to three times the price paid for the service.
3.Liability for links to other websites
In the case of direct or indirect references to external websites ("links"), which are outside the area of responsibility of the ski school, the liability of the ski school for content that can be found there is completely excluded. This does not apply only if the ski school is aware of illegal content that can be found there due to a proven grossly negligent behavior or intent and if it has been technically possible and reasonable to prevent its use.
The ski school hereby expressly declares that, at the time of linking, no illegal content was recognizable on the linked pages. The ski school has no influence on the current and future design, content or authorship of the linked pages. For this reason, the ski school hereby expressly dissociates itself from all contents of all linked pages whose contents have been changed after the link has been set. This statement applies to all, within the own Internet offer, set links and references as well as for external guest books comments, discussion forums and mailing lists.
For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the page is liable and not the one who links to the publication.
4. Copyright and Trademark Law
The ski school endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications and to use graphics, sound documents, video sequences and texts created by itself or to use licence free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned within the Internet offer, and possibly protected by third parties, are subject, without restriction, to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. Just because of the mere mention it does not conclude that trademarks are not protected by rights of third parties!
The copyright for published information or documents of any kind created by the ski school remains solely in the ski school ownership. Copy or use of these in electronic or printed publications is not permitted without the express permission of the ski school.
5. Type and payment of services:
The prices for the services of the ski school must be paid no later than one week before the start of the services, free of any additional cost and deduction, on the account of the ski school. For short-term bookings, the payment for services must be paid immediately, but at the latest before the start of the service.
For online bookings, the payment is due with the booking.
Course tickets are not transferable. It may happen that different teachers teach in a booked course. This is not a defect. Should a course decrease in size during the course, and for whatever reason reach less than 4 participants, the ski school reserves the right to combine this course with another or shortern the duration of the course accordingly.
Credit card payments in favor of the ski school are 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 send an e-mail to firstname.lastname@example.org for all inquiries regarding your credit card payments and chargebacks.
6. Changes and liability in case of force majeure and bad weather conditions:
The ski school tries to create the best possible external conditions for its service, but can not guarantee this. Insofar as extraordinary weather and / or snow conditions make the delivery of the booked services completely or partially impossible, the ski school assumes no liability for the loss of service. In the event of breakdowns of the cableways and lift facilities or any services attributable as a result, the ski school is under no circumstances liable at all or liable for compensation.
Insofar as the services have been canceled, the ski school is obligated, if at all, to reimburse incurred cost savings. An obligation to enforce reimbursement claims against third parties, does not exist for the ski school.
7. Withdrawal, cancellation by the participant:
The participant can withdraw at any time from the booked services. The following cancellation conditions apply:
Up to 7 days before start of service free of charge
Up to 4 days before start of service 50%
Up to 2 days before start of service 80%
Thereafter, 100% of the service price
In case of no show or not retrieving of the booked service or a partial use of the service by the participant, the ski school is under no circumstances obligated to provide any compensation of whatever kind.
The ski school offers in exceptional cases to pick up lost benefits.
8. Warranty claims / obligation to cooperate:
Warranty claims exist against the ski school only if defects have been reported by the participant to the ski school immediately and the ski school has not used the possibility of repair / replacement in a reasonable time. Notification of defects must be made in writing. The participant undertakes to remedy the deficiencies to do everything reasonable so that the damage is kept as small as possible.
9. Cancellation of the service provision:
The ski school may withdraw from the delivery of the service in whole or in part or exclude the participant, provided that
a) the ski school determines that the participant is not able to meet the requirements and that he / she and the ski school incur disproportionate risks or other important reason.
b) the participant permanently disturbs the course, repeatedly refrains from following the instructions of the teachers and does not react to a warning from the ski school, in particular in case of unreasonable, even dangerous as well as unfair, endangering behavior towards third parties.
Such exclusion does not entitle the participant to rescind or terminate the contract.
10. Rent and reservation of ski and snowboard equipment
If the service of the ski school consists in providing sports equipment, the participant is responsible for the proper return of the sports equipment. Should this be damaged or for whatever reason not be returned, the participant is liable up to the amount of the sales value of the rented equipment plus any costs incurred for the assertion of the damage.
The ski school is entitled to ask for the deposit of a document (passport, identity card, driving license) or a security deposit to secure their claims.
11. Severability clause:
Should one of the regulations be ineffective, this shall be replaced by a provision which comes as close as possible to the intended provision in substance and in law. If ineffectiveness of individual regulations should be determined, this does not affect the validity and effectiveness of the other provisions of these terms and conditions.
12. Application of law:
Place of performance is the place of the ski school. For disputes, the responsible court is the ski school local court. German law applies.
N.B. This is a translation of the original T&C. The German version is the legal valid document.