Terms and Conditions

General Terms and Conditions

1. Scope of Application and Services

These General Terms and Conditions (GTC) apply to all legal relationships between the Guide (Adrian Haginger, born on 05.07.1999) and the Guest. All services provided by the Guide are rendered exclusively on the basis of these GTC. The contract between the Guide and the Guest includes the Guide’s obligation to lead the Guest on a specific tour, while the Guest undertakes to pay the agreed fee, unless a free service has been expressly agreed. The participation requirements stated in the tour descriptions must be met by the Guest. The Guest is responsible for the condition and maintenance of their own equipment as well as for their physical and health suitability. In order to assess fitness for participation, truthful information must be provided to the Guide.

It is recommended that the Guest have their physical fitness for participation medically assessed in advance. By making a booking, the Guest confirms that they are aware of the alpine risks involved and accept these risks on their own responsibility. Prior to the start of the tour, the Guide will check whether the Guest’s equipment meets the required standards. The Guide reserves the right to exclude persons from the tour if the equipment is inadequate or if the Guest is not able to meet the challenges of the tour contrary to the information provided by the Guest.

Despite careful tour planning, no guarantee can be given that the objective or summit will be reached. Decisions regarding the route, breaks, use of equipment (e.g. rope, crampons, ice axe), as well as the continuation or cancellation of the tour, lie exclusively with the Guide. No claims may be asserted if a tour cannot be carried out for safety reasons or due to culpable behavior of the Guest. Damage to or repair costs for rented equipment that exceed normal wear and tear shall be borne by the Guest. In order to ensure the safety of the tour, Guests are obliged to follow the Guide’s instructions. If the Guide’s instructions are disregarded, the Guide assumes no responsibility for any resulting consequences.

2. Conclusion of Contract

A contract between the Guest and the Guide is concluded once agreement has been reached on the essential contractual elements (objective, fee, date, number of participants). Bookings may be made in writing or verbally; telephone bookings and contracts concluded by email are legally binding. The person registering multiple participants is liable for payment of the total amount. The Guide reserves the right to modify the tour program due to unforeseeable circumstances. Weather conditions or other unforeseeable influences may require changes to the tour itinerary. There is no right of withdrawal under the Fern- und Auswärtsgeschäfte-Gesetz, as the service is provided in the leisure sector on a fixed date. The place of performance is St. Anton am Arlberg.

3. Substitution of Participants

If the Guest is unable to attend, they may transfer the contract to another person, provided that this person meets all requirements and the transfer is communicated to the Guide in good time. The original Guest and the substitute participant are jointly liable for payment of the fee. The Guide may refuse a transfer if the equipment is inadequate or if the new participant is not able to meet the challenges of the tour contrary to the information provided.

4. Minimum Number of Participants and Withdrawal by the Guide

The Guide may withdraw from the contract if extraordinary or unforeseeable events (e.g. natural disasters, governmental orders) prevent the tour from being carried out. Tours are only conducted if the minimum number of participants stated in the tour descriptions is reached. If this number is not reached, the Guide may withdraw from the contract up to 7 days before the start of the tour. Any fees already paid will be refunded in such cases. At the Guest’s request, a new offer with an adjusted price may be made.

5. Insurance

The Guide holds the legally required public liability insurance. The coverage amount of this liability insurance is EUR 15.000.000. All other insurance (such as accident insurance) must be taken out by the Guest themselves. It is recommended to take out insurance covering rescue costs, as helicopter or rescue operations can incur significant expenses that are not covered by social insurance. Participation without accident and rescue cost insurance is at the Guest’s own risk.

6. Liability

The Guide is liable for culpable breaches of contractual obligations within the scope of the statutory liability insurance. The Guide’s liability is limited to gross negligence and intent. Liability for slight negligence is excluded. Claims for compensation for loss of enjoyment of a holiday are also excluded. Participation in the tours is at the Guest’s own risk. A high degree of prudence is expected from every Guest. The Guest bears the specific alpine risk and participates at their own risk. The Guide assumes no liability for accidents resulting from alpine hazards (e.g. avalanches, falls, altitude sickness).

7. Withdrawal by the Guest

The Guest may withdraw from the contract at any time. Such withdrawal must be made in writing. Withdrawal up to 40 days before the start of the program does not give rise to any fee claim by the Guide. Withdrawal at a later date is subject to the following conditions:

 

• up to 30 days before the start of the tour: EUR 100 processing fee;

• 29–15 days before the start of the tour: 50% of the agreed fee;

• 14–7 days before the start of the tour: 75% of the agreed fee;

• from the 6th day before the start of the tour: 100% of the agreed fee.

 

In cases where the Guide must exclude the Guest from the tour because the Guest’s equipment is inadequate or the Guest is not able to meet the challenges of the tour contrary to the information provided by the Guest, the Guest owes 100% of the agreed fee.
 

 

Any non-cancellable third-party services or tour planning costs incurred by the Guide as a result of the booking shall be borne by the Guest in the event of withdrawal. In addition, any cancellation fees charged by hotels, huts, etc. shall be borne by the Guest. It is recommended to take out travel cancellation insurance. Date changes initiated by the Guest shall be treated as a withdrawal and a new registration.

8. Data Protection and Use of Image Material

The Guide is entitled to process personal data for the purpose of fulfilling the contract and on the basis of legitimate interests (for example, for advertising purposes).

9. Final Provisions

The contract between the Guide and the Guest is governed by the law of the Republic of Austria, excluding its conflict-of-law provisions. The court with subject-matter jurisdiction for St. Anton am Arlberg shall have exclusive jurisdiction over all disputes arising from the contract between the Guide and the Guest. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.