CONDITIONS FOR WITHDRAWAL
CANCELLATION POLICY ACCORDING TO FAGG
Right of Withdrawal
If you have booked only the “course” service from us, without accommodation, lift ticket, or other additional services, you have the right to withdraw from this contract within fourteen days without providing any reasons.
The withdrawal period is fourteen days from the date of the contract conclusion.
To exercise your right of withdrawal, you must inform us, Snowsports GmbH, Holetschekgasse 60, 1210 Vienna, Phone: 0043 650 500 5522, Email: office(xmsAt)snowsports(xmsDot)at, of your decision to withdraw from this contract through an unequivocal statement (e.g., by mail or email). You may use the linked model withdrawal form, although it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your notice regarding the exercise of the withdrawal right before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you without delay and at the latest within fourteen days from the date on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
CUSTOMER’S RIGHT TO CANCEL THE CONTRACT
1. Customer’s Right to Cancel before Commencement of the Trip
a) Cancellation without a Cancellation Fee
In addition to the statutory rights of withdrawal, the customer may cancel the contract without the organizer having any claims against them in the following cases that occur before the start of the service:
If significant components of the contract, including the travel price, are substantially modified. In any case, if the purpose or character of the event is thwarted, or if the agreed travel price is increased by more than 10%, this constitutes a change to the contract.
The organizer must notify the customer of the contract change and the customer’s option to either accept the change or cancel the contract. The customer must exercise this option without delay.
If the organizer is at fault for the event that entitles the customer to cancel, the organizer is obliged to compensate the customer for any damages.
b) Right to Substitute Service
If the customer does not use the cancellation rights mentioned in (a) and the trip is canceled by the organizer without the customer’s fault, the customer can request to participate in an equivalent alternative event instead of the contract's cancellation, provided the organizer can offer such a service.
The customer also has the right to claim compensation for non-fulfillment, unless the cases outlined in section 7.2 apply.
c) Cancellation with a Cancellation Fee
The cancellation fee is calculated as a percentage of the travel price and depends on the time of the cancellation notice. The travel price or package price is understood to be the total price of the contracted services.
In all cases not covered by (a), the customer is entitled to cancel the contract upon payment of a cancellation fee. In cases where the cancellation fee is deemed unreasonable, it may be adjusted by a court.
The following cancellation fees apply per person:
- up to 30 days before departure: 10%
- 29 to 20 days before departure: 20%
- 19 to 10 days before departure: 50%
- 9 to 4 days before departure: 65%
- from 3 days before departure: 85%
Cancellation Notification
When canceling the contract, the following must be noted: the customer (contracting party) can inform the travel agency where the booking was made at any time that they are canceling the contract. The contract cancellation (trip cancellation) must be made in writing via email to office(xmsAt)snowsports(xmsDot)at prior to departure.
d) No-Show
A no-show occurs if the customer does not embark on the trip due to a lack of intent to travel or because they missed the trip due to negligence or an unforeseen event. If it is clear that the customer will not use the remaining travel services, they must pay 85% of the travel price.
In cases where the above rates are deemed unreasonable, they may be adjusted by a court on a case-by-case basis.
Protection of Paid Travel Amount through "Europäische Reiseversicherung AG"
By paying an insurance premium at the time of booking, travel cancellation insurance can be taken out with "Europäische Reiseversicherung AG," Kratochwjlestraße 4, A-1220 Vienna. For reimbursement of travel costs, evidence of a travel cancellation or interruption reason covered by the insurance is required.
The insurance premium is based on the value of the travel price to be insured. Further information on cancellation insurance with "Europäische Reiseversicherung AG" can be found at: https://service.europaeische.at/doc/de/Informationsblatt_KomplettSchutz-IPID-KS_2021-DE-001.pdf.
1. Booking / Contract Conclusion
1. Contract Conclusion
The travel contract is concluded between the booking party and the organizer when there is agreement on the essential contract components (price, service, and date). This creates rights and obligations for the customer. The booking is made online via the website www.snowsports.at. Participation is only possible with timely registration and full payment of the travel fees. Booking through the website is considered binding. By booking, the participant confirms their physical and health suitability to attend the course or trip and that they meet the athletic and other course prerequisites. Due to high demand, the registration deadline may be moved forward.
2. Change of Participant
A change of traveler is possible if the replacement person meets the physical, health, and other requirements for participation and can be arranged in two ways:
2.1 Assignment of Travel Claim:
The obligations of the booking party remain if they assign all or part of the travel claims to a third party. In such cases, any additional costs are borne by the original booking party.
2.2 Transfer of the Travel Event:
If the customer is unable to attend, they may transfer the contract to another person, informing the organizer directly or through the intermediary within a reasonable period before departure. The organizer may specify a notice period. Both the transferor and the transferee are jointly liable for the outstanding payments and any additional costs arising from the transfer.
3. Content of the Contract, Information, and Additional Services
In addition to the obligation to provide essential travel information (such as passport, visa, customs, currency, and health requirements), the organizer must provide adequate information on the services offered. Descriptions in the current catalog or brochure at the time of booking, as well as the other information it contains, form part of the travel contract unless otherwise agreed upon. It is recommended to document such agreements in writing.
4. Trips with Special Risks
For trips involving particular risks (e.g., expeditions, alpine courses, ski instructor and snowboard instructor courses), the organizer is not liable for consequences arising from these risks if they are outside the organizer’s responsibility. However, the organizer must carefully prepare the trip and select qualified personnel and providers.
5. Legal Basis for Service Disruptions
5.1 Warranty:
The customer has a warranty claim for non-performance or deficient performance. The organizer may provide a remedy by rectifying the deficiency or offering a substitute of equal or higher value that the customer accepts.
5.2 Compensation:
The organizer and instructors are not liable for accidents or damages to participants except in cases of gross negligence or intent, with the exclusion of personal injury.
5.3 Notification of Deficiencies:
The customer must immediately report any contract deficiencies observed during the trip to a representative of the organizer, provided they have been informed of such a contact and it is reasonably accessible. Failing to do so does not affect the customer's warranty claims under section 7.1, but it may be considered contributory negligence and could reduce any potential compensation claims. The organizer must inform the customer of this duty to report deficiencies in writing.
6. Assertion of Claims
To facilitate the assertion of claims, it is recommended that customers obtain written confirmation of any non-performance or inadequate performance or secure evidence such as receipts, witnesses, or other documentation. Warranty claims must be made by consumers within two years of the trip’s start date, while compensation claims expire three years from the date the damage and the liable party became known.
In the customer's interest, it is advisable to assert claims immediately after returning from the trip, as delays may cause evidentiary challenges.
7. Customer Withdrawal
7.1 Before Commencement of Travel
a) Withdrawal without Cancellation Fee:
In addition to statutory rights, the customer may withdraw without incurring cancellation fees in the following cases occurring before the start of the service:
Significant changes to essential parts of the contract, including the travel price.
If the purpose or nature of the event is thwarted, or if the agreed travel price increases by more than 10%.
The organizer is required to promptly inform the customer, either directly or through the intermediary travel agency, of any contract changes and to notify them of their option to either accept the contract change or withdraw from the contract. The customer must exercise their choice without delay.
If the organizer is at fault for the occurrence of an event entitling the customer to withdraw, the organizer is liable to compensate the customer for any damages.
b) Right to Substitute Service
If the customer does not use the withdrawal options outlined in section (a) and the organizer cancels the trip without fault on the part of the customer, the customer may request fulfillment of the contract by participating in an equivalent alternative travel event, provided the organizer can offer this service.
The customer also has a right to compensation for non-fulfillment of the contract, except in cases covered by section 7.2.
c) Cancellation with Cancellation Fee
The cancellation fee is calculated as a percentage of the travel price, based on the timing of the cancellation notice. The travel price or package price refers to the total price of the contractually agreed service.
In all cases not covered under section (a), the customer is entitled to withdraw from the contract upon payment of a cancellation fee. If the cancellation fee is deemed unreasonable, it may be adjusted by a court.
The following cancellation fees apply per person:
- Up to 30 days before departure: 10%
- 29 to 20 days before departure: 20%
- 19 to 10 days before departure: 50%
- 9 to 4 days before departure: 65%
- From 3 days before departure: 85%
Cancellation Notification
When withdrawing from the contract, please note: the customer (contracting party) may inform the travel agency where the booking was made at any time of their intention to withdraw. Contract withdrawal (trip cancellation) must be made in writing via email to office(xmsAt)snowsports(xmsDot)at before the start of the trip.
d) No-show
A no-show occurs when the customer does not embark on the trip due to a lack of intent or misses the trip due to negligence or unforeseen circumstances. If it is clear that the customer will not use the remaining travel services, they are required to pay 85% of the travel price.
In cases where the rates mentioned above are deemed unreasonable, they may be adjusted by a court on a case-by-case basis.
7.2. Protection of Paid Travel Amount through “Europäische Reiseversicherung AG”
By paying an insurance premium at the time of booking, travel cancellation insurance can be taken out with “Europäische Reiseversicherung AG,” Kratochwjlestraße 4, A-1220 Vienna. Reimbursement of travel costs by Europäische Reiseversicherung AG requires proof of a covered cancellation or interruption reason.
The insurance premium is based on the amount of the travel price to be insured. For more details on cancellation insurance with “Europäische Reiseversicherung AG,” please refer to the following link: https://service.europaeische.at/doc/de/Informationsblatt_KomplettSchutz-IPID-KS_2021-DE-001.pdf
Exam retake fees cannot be insured.
7.3. Organizer’s Withdrawal before Trip Commencement
a) The organizer is released from fulfilling the contract if a minimum number of participants specified in the announcement is not reached and the customer is notified of the cancellation in writing within the specified or applicable periods:
- Up to 20 days before departure for trips of more than six days,
- Up to 7 days before departure for trips of two to six days,
- Up to 48 hours before departure for day trips.
If the organizer is at fault beyond slight negligence for failing to meet the minimum number of participants, the customer may claim compensation, capped at the amount of the cancellation fee.
b) Cancellation due to force majeure applies to unusual and unforeseeable events beyond the organizer’s control, which could not have been avoided even with due care. This includes state orders, strikes, war or similar conditions, epidemics, natural disasters, etc., but not overbooking.
c) The organizer is released from fulfilling the contract if weather and snow conditions prevent the booked trip from proceeding. It is up to the organizer to determine whether weather and snow conditions allow the trip.
In cases (a), (b), and (c), the customer is entitled to a refund. They retain the choice under section 7.1.b, paragraph 1. The organizer is not liable for any additional costs incurred by the customer due to cancellations under 7.3., including but not limited to travel costs booked with third parties (e.g., flights, train tickets) or extra accommodation costs.
7.4. Organizer’s Withdrawal after Trip Commencement
The organizer may withdraw from fulfilling the contract after the trip has commenced:
a) Due to force majeure, such as unusual and unforeseeable events beyond the organizer’s control that could not have been prevented even with due care, including state orders, strikes, war or similar conditions, epidemics, natural disasters, etc.
b) If local weather and snow conditions prevent the continuation of the trip. It is at the organizer’s discretion to decide.
c) If the customer behaves in a grossly inappropriate manner, such as exhibiting sexist, racist, or offensive behavior; causing damage (including in hotels or course venues); failing to attend without excuse; violating course rules on alcohol and smoking bans, helmet requirements, or course prerequisites; or disregarding behavioral guidelines provided at trip start. The customer must indemnify the organizer for any third-party claims arising from their conduct.
In cases of justified withdrawal after trip commencement, as per sections a), b), and c), the customer will not receive a refund or compensation for any incurred expenses, including travel or accommodation costs booked with third parties, or visa fees.
8. Contract Amendments
8.1. Price Adjustments
The organizer reserves the right to increase the confirmed travel price due to reasons beyond its control if the travel date is more than two months after the contract conclusion. Such reasons include increases in transportation costs (e.g., lift fees, cable car costs) or hotel rates. Any price reductions resulting from these factors will be passed on to the traveler.
Within the two-month period, price increases are only permitted if individually negotiated and documented on the booking confirmation at the time of booking.
No price changes will be made starting from the 20th day before departure.
Price changes are only valid if accompanied by a precise calculation of the new price. The customer must be notified promptly of price changes and the reasons for them. If the travel price increases by more than 10%, the customer may withdraw from the contract without any cancellation fee (see Section 7.1.a.).
9. Disclosure of Information to Third Parties
Information regarding the names of travel participants and their locations will not be disclosed to third parties, even in urgent cases, unless the traveler has explicitly requested disclosure. The customer bears the costs associated with urgent message transmission. Therefore, it is recommended that travelers provide their relatives with the exact address of the hotel.