1. Definition and Services:
The operation of the ski school Michi Gerg e.K. (hereinafter referred to as Gerg) includes, among other things, the ski rental, the ski school, the children's area and all other services offered or provided by Gerg. Persons and/or companies who enter into a business relationship with the ski school are referred to below as participants. By booking services with Gerg, the participant expressly accepts these General Terms and Conditions. The scope of services and prices result exclusively from the description, the offer or the order confirmation from Gerg. Subsidiary agreements or deviating agreements require written confirmation from Gerg. All services that Gerg offers and/or renders are based on these terms and conditions.
2. Liability for information, offer and service
Gerg assumes no liability whatsoever for the topicality, correctness, completeness or quality of the information provided by Gerg. Liability claims against Gerg, which relate to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are always excluded, unless there is gross negligence or even intent on the part of Gerg Before. All offers from Gerg are subject to change and non-binding. Gerg expressly reserves the right to change, supplement, delete or discontinue parts of the offer or the entire offer (services) without prior notice. Gerg accepts no liability whatsoever for accidents of any kind unless intent or gross negligence can be proven by Gerg or the third parties engaged to perform the service. The participants are informed that the services are events of a high-risk sport and that the booking or participation already includes a presumed consent to any injuries. The services offered by Gerg do not include any insurance for the participants, in particular no accident insurance. A lack of accident or liability insurance is the sole responsibility of the participants. It is pointed out that the preparation of the slopes is the sole responsibility of the slope operators. Insofar as Gerg uses existing pistes, damage that can be traced back to defective pistes is to be charged to the respective operator and any claims for damages asserted directly there. As far as legally permissible, any liability (including damages) of Gerg towards the participant is limited to three times the price that he paid for the service concerned.
3. Liability for links to other websites
In the case of direct or indirect references to third-party websites ("links") that lie outside Gerg's area of responsibility, Gerg is fully excluded from any liability for the content found there. This does not apply if Gerg is aware of illegal content found there due to grossly negligent behavior or intent and it would have been technically possible and reasonable for Gerg to prevent use. Gerg hereby expressly declares that no illegal content was discernible on the linked pages at the time the link was created. Gerg has no influence whatsoever on the current and future design, the content or the authorship of the linked/connected pages. He therefore hereby expressly distances himself from all content on all linked / connected pages, the content of which was changed after the link was created. This statement applies to all links and references set within our own website as well as to third-party entries in guest books, discussion forums and mailing lists set up by Gerg. The provider of the page to which reference was made is solely liable for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of information presented in this way, not Gerg, which merely refers to the respective publication via links.
4. Copyright and trademark law
Gerg endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts it has created itself or to use license-free graphics, sound documents, video sequences and texts. All brands and trademarks mentioned within the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the property rights of the respective registered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn solely on the basis of mere use! The copyright for published information or documents of any kind created by Gerg remains solely with Gerg. Duplication or use of these in electronic or printed publications is not permitted without the express consent of Gerg.
5. Type and payment of the services:
Services are to be paid by the participant at the latest when the services are booked, free of additional costs and deductions, to the account specified by Gerg. In the case of short-term bookings, payment must be made immediately, at the latest before the start of the service. Booked services cannot be transferred by the participant to third parties. It may happen that different people or teachers provide the services. This does not constitute a defect. Gerg reserves the right to combine services with other services or to shorten the duration of services accordingly if the number of participants is (too) low.
6, Changes and liability in case of force majeure and bad weather conditions:
Gerg tries to create the best possible external conditions for their performances, but cannot guarantee them. Insofar as extraordinary weather and/or snow conditions or other events of force majeure make it impossible to provide the booked services in whole or in part, Gerg assumes no liability for the loss of service. Gerg is under no circumstances liable or obliged to provide compensation for failures of the cable car and lift systems or the services lost as a result. If services are omitted, Gerg is - if at all - obliged to reimburse the actual cost savings at most. However, this does not in any way affect the services described under Section 7. Gerg is under no obligation to enforce reimbursement claims for the participant against third parties.
7. Withdrawal, cancellation by the participant:
The participant can withdraw from the booked services at any time. The following cancellation conditions apply with the following refunds for services already paid to the participant:
up to 45 days before the start of the service refund 90%
44 to 30 days before the start of the service refund 70%
29 to 14 days before the start of the service 50% refund
13 to 7 days before the start of the service refund 30%
From 7 days before the start of the course refund 0%
In the event of any reimbursement, a processing fee of EUR 18.00 will be retained by Gerg.
The use of other services is possible after consultation and confirmation by Gerg. Any additional expenses incurred are to be borne by the participant in this case. There is no obligation on the part of Gerg to provide other services or replacements. If the booked service does not appear or is not accessed or if the service is only partially used by the participant, Gerg is under no circumstances obliged to provide a replacement of any kind. If the all-round carefree package is taken out, Gerg will reimburse all costs minus the processing fee of EUR 18.00 per participant, regardless of the time of cancellation / withdrawal.
8. Warranty claims / obligation to cooperate:
Warranty claims against Gerg only exist if the participant reports defects to Gerg immediately and Gerg has not used the opportunity to remedy / replace within a reasonable period of time. Notifications of defects must be made in writing to Gerg. The participant undertakes to do everything reasonable to remedy the defects so that the damage is kept as small as possible.
9. Withdrawal from the provision of services:
Gerg can withdraw from the provision of the service in whole or in part or exclude the participant if a) Gerg establishes that the participant is not up to the requirements and that this results in disproportionately large risks for himself and/or Gerg or that there is another important reason. b) the participant persistently disrupts the course, repeatedly fails to follow the instructions and does not respond to a warning from Gerg, especially in the case of unreasonable, self-endangering and unfair, endangering behavior towards third parties. Such exclusion entitles the participant
10. Rental and reservation of ski and snowboard equipment
If Gerg's service consists of lending sports equipment, the participant is liable for the proper return of the sports equipment. If this is damaged or not returned for whatever reason, the participant is liable up to the sales value of the rented sports equipment plus any costs incurred for claiming the damage. Gerg recommends taking out appropriate (ski) insurance. This can be completed with the booking and includes damage and theft. The latter, however, only if a confirmation of theft from the police is provided by the participant or handed over to Gerg. Gerg is entitled - to secure its claims - to demand that the participant deposit a document (passport, identity card, driver's license) or a deposit.
11. Severability Clause:
Should one of the provisions be ineffective, it will be replaced by a provision that comes as close as possible to the intended provision in factual and legal terms. If individual provisions are determined to be ineffective, this does not affect the validity and effectiveness of the other provisions of these General Terms and Conditions. 12. Application of law: Place of fulfillment is Lenggries. The court responsible for the registered office of Gerg is responsible for disputes. German law applies.
This is only a translation oft he German version of AGB
Valid is only the german version of AGB