TERMS OF PARTICIPATION AND CANCELLATION

The booking of one or more travel services with Snowsports GmbH, Holetschekgasse 60, 1210 Vienna, is made based on the following conditions, unless otherwise agreed with the customer. These conditions form the basis of the contract that the booker enters into with Snowsports GmbH as the organizer, either directly or through an intermediary.

Snowsports GmbH may act as an intermediary (Section A) and/or as an organizer (Section B). The intermediary assumes the obligation to endeavor to obtain claims for services from third parties (organizers, transport companies, hoteliers, etc.). The organizer is the company that either offers multiple tourist services at a package price (package tour/event) or provides individual tourist services as its own services, generally available in its brochures, advertisements, etc.

A company acting as a tour operator can also act as an intermediary when arranging third-party services (e.g., optional excursions at the holiday destination), provided that this intermediary function is indicated.

The following conditions constitute the contractual text under which travel agencies usually enter into contracts with their customers/travelers (note: within the meaning of the Consumer Protection Act) as intermediaries (Section A) or as organizers (Section B).

The specific terms of:

• the mediated tour operators,
• the mediated transport companies (e.g., train, bus, plane, and ship), and
• other mediated service providers take precedence.

 

A. Snowsports GmbH AS AN INTERMEDIARY

The following terms form the basis of the contract (management contract) that customers enter into with Snowsports GmbH as an intermediary.

1 Booking / Contract Conclusion 

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 binding! By booking, the registrant confirms their physical and health suitability to participate in the trip (or course). Due to high demand, the registration deadline may be brought forward.

Anyone who makes a booking for themselves or others is considered the client and assumes, in the absence of other declarations, the obligations arising from the assignment to the travel agency (payments, cancellation from the contract, etc.). Travel agencies accepting bookings must provide the traveler with confirmation of the travel contract (travel confirmation) at or promptly after the conclusion of the contract.

2 Information and Other Additional Services 

2.1 Information on Passport, Visa, Currency, Customs, and Health Regulations 

It is assumed that a valid passport is generally required for travel abroad. The travel agency must inform the customer about the respective additional foreign passport, visa, and health regulations for entry, and upon request, about currency and customs regulations, insofar as these can be obtained in Austria. The customer is otherwise responsible for compliance with these regulations. Upon request, the travel agency will, if possible, provide information on specific regulations for foreigners, stateless persons, and holders of dual citizenship.

2.2 Information about the Travel Service 

The travel agency is obligated to present the mediated service of the tour operator or service provider to the best of its knowledge, considering the specifics of the mediated contract and the conditions of the respective destination country or location.

3 Legal Status and Liability 

The liability of the travel agency extends to:

• the careful selection of the respective organizer or service provider as well as the careful evaluation of experiences gained;
• the impeccable provision of services, including appropriate information to the customer and issuance of travel documents;
• the verifiable forwarding of notifications, declarations of intent, and payments between customers and the mediated company and vice versa (such as changes to the agreed service and price, cancellation declarations, complaints).

The travel agency is not liable for the provision of the service mediated or arranged by it. The travel agency must disclose the business name (product name), address of the tour operator, and, if applicable, an insurer’s name with the travel confirmation unless this information is already provided in the brochure, catalog, or other detailed advertising materials. If it fails to do so, it is liable to the customer as the organizer or service provider.

4 Service Disruptions 

If the travel agency violates the obligations it owes from the contractual relationship, it is liable to the customer for damages arising as a result unless it proves that it is not guilty of intent or gross negligence. For contractual violations due to slight negligence, the travel agency is liable to the customer for damages resulting from this up to the amount of the commission for the mediated business.

 

B. SNOWSPORTS GmbH AS AN ORGANIZER

The following terms form the basis of the contract – hereafter referred to as the travel contract – that the booker concludes with Snowsports GmbH, either directly or through an intermediary. In the event of a direct contract, Snowsports GmbH assumes intermediary duties accordingly.

1 Booking / Contract Conclusion 

The travel contract between the booker and the organizer is established when there is agreement on the essential contract components (price, service, and date). This results in rights and obligations for the customer. Booking is done online via the website www.snowsports.at. Participation is only possible with timely registration and full payment of travel fees. The online booking is binding! By booking, the registrant confirms their physical and health suitability to participate in the trip (or course) as well as their fulfillment of the sporting and other course prerequisites. Due to high demand, the registration deadline may be brought forward.

2 Substitution of Participant 

It is possible to replace the participant if the substitute person is physically and medically fit and meets all other participation requirements and conditions. This can occur in two ways:

2.1 Transfer of Claim to Travel Services 

The booker’s obligations from the travel contract remain if they transfer all or part of the claims under this contract to a third party. In this case, the booker bears any resulting additional costs.

2.2 Transfer of the Travel Arrangement 

If the customer cannot participate in the trip, they may transfer the contractual relationship to another person. This transfer must be notified to the organizer either directly or via the intermediary within a reasonable period before departure. The organizer may specify a concrete deadline in advance. The transferor and the transferee are jointly and severally liable for the unpaid fee and any additional costs resulting from the transfer.

3 Contract Content, Information, and Other Additional Services 

Beyond the information obligations of the intermediary (namely information about passport, visa, currency, customs, and health regulations for entry), the organizer must provide adequate information about the services they offer. The service descriptions in the catalog or brochure valid at the time of booking, as well as other information contained therein, are part of the travel contract, unless other agreements are made at the time of booking. It is recommended to record such agreements in writing.

4 Travel with Special Risks 

For trips with special risks (e.g., expeditions, alpine courses, ski instructor and snowboard instructor courses, technical courses), the organizer is not liable for the consequences of these risks, provided they occur outside its area of duty. However, the organizer is obliged to carefully prepare the trip and carefully select the individuals and companies entrusted with providing the individual travel services.

5 Legal Basis in Case of Service Disruptions 

5.1 Warranty 

The customer has a warranty claim in the event of a service not provided or provided inadequately. The customer agrees that the organizer will provide a defect-free service or remedy the inadequate service within a reasonable period as a replacement for the claim for cancellation or price reduction. Remedy can be provided by eliminating the defect or providing an equal or higher-value replacement service with the customer’s explicit consent.

5.2 Compensation 

The organizer, trainers, coaches, guides, and supervisors are only liable for accidents and damages to participants in cases of gross negligence or intent, except for personal injuries. Liability for lost profits, damages to third parties, or indirect damages is excluded.

The absence of accident or liability insurance is solely the responsibility of the participant.

Skiing and snowboarding are high-risk sports where accidents and injuries can occur. The customer is required to check the specific contents of the course before booking and only book if they meet the sporting and physical prerequisites. The organizer is not liable for snow, slope, terrain, and weather conditions or for any obstacles. The customer acknowledges that the courses involve high-level professional training, and they are responsible for maintaining the necessary qualifications each day. As this is professional training that includes instructing ski and snowboard students, challenging terrain and weather conditions are part of the training. The organizer is not liable for the participant’s qualifications or prerequisites.

It is expressly stated that the training involves driving under challenging conditions as required in the profile of a ski or snowboard instructor: mogul slopes, icy slopes, steep and flat slopes, slopes with little or no snow, slopes with different snow and ice conditions, racing conditions, deep snow, breakable crust, wet snow, obstacles, terrain parks, forests, fog, snow, rain, poor visibility, ice chunks, hidden stones, rocks, practice equipment, and changing ski equipment.

The customer acknowledges that it is their responsibility to assess their own skiing ability and refrain from participating in exercises and runs beyond their skill level or physical condition. Neither the organizer nor the instructors can assess the customer’s ability for every single exercise and run.

5.3 Reporting Deficiencies 

The customer must immediately report any deficiencies they detect during the trip to a representative of the organizer. This requires that such a representative has been disclosed to them and is reachable at the location without significant effort. Failure to report does not affect the customer’s warranty claims as described in 5.1. However, it may be considered contributory negligence and may reduce their potential compensation claims. The organizer must have informed the customer in writing, either directly or through the intermediary, of this notification obligation. The customer must also be informed that failure to notify does not affect their warranty claims but may be considered contributory negligence. In the absence of a local representative, it is recommended to notify the respective service provider (e.g., hotel, airline) or the organizer directly of deficiencies and request remedial action.

6 Assertion of Claims 

To facilitate the assertion of claims, customers are advised to obtain written confirmations of the non-performance or deficient performance of services or to secure receipts, evidence, and witness statements. Warranty claims from consumers can be asserted within 2 years from the start of the trip. Compensation claims expire after 3 years from the time the damage and the injuring party are known. In the interest of the traveler, it is recommended to assert claims immediately after returning from the trip directly with the organizer or through the intermediary travel agency, as the delay may make it more challenging to provide evidence.

7 Withdrawal from the Contract 

7.1 Customer Withdrawal before Departure

a) Withdrawal without Cancellation Fee In addition to the statutory rights of withdrawal, the customer may withdraw before the start of the service without any claims from the organizer in the following cases: If essential contract components, including the travel price, are substantially altered. If the intended purpose or character of the travel event is thwarted, or if an increase in the agreed travel price by more than 10% as per Section 8.1 occurs. The organizer is obligated to immediately notify the customer of the contract change and inform them of the choice to either accept the contract change or withdraw from the contract. The customer must exercise this choice promptly. If the organizer is at fault for the event entitling the customer to withdraw, the organizer is liable for damages to the customer.

b) Right to Substitute Services If the customer does not exercise the withdrawal options in lit. a, and if the organizer cancels the tour without the customer’s fault, the customer may demand performance through participation in an equivalent substitute tour, provided the organizer is capable of providing this service. In addition to the right to choose, the customer is also entitled to claim damages for non-performance of the contract, unless Section 7.2 applies.

c) Withdrawal with Cancellation Fee The cancellation fee is proportional to the travel price, calculated based on the timing of the withdrawal notice. The travel price or package price is understood as the total price of the contractually agreed services. In all cases not covered under lit. a, the customer is entitled to withdraw from the contract by paying a cancellation fee. If the cancellation fee is unreasonable, it can be reduced by a court.

The following cancellation rates apply per person:

• Up to the 30th day before departure: 10%
• From the 29th to the 20th day before departure: 20%
• From the 19th to the 10th day before departure: 50%
• From the 9th to the 4th day before departure: 65%
• From the 3rd day before departure: 85%

Notice of Withdrawal When withdrawing from the contract, the customer (client) must inform the travel agency where the trip was booked. The contract withdrawal (cancellation) must be made in writing exclusively via email to office(xmsAt)snowsports(xmsDot)at before the start of the trip.

d) No-Show 

A no-show occurs if the customer fails to commence the trip due to a lack of intent to travel or if they miss the start due to negligence or chance. If it is clear that the customer can no longer or does not wish to use the remaining travel service, they must pay 85% of the travel price.

If the rates mentioned above are deemed unreasonable, they may be reduced by a court in individual cases.

7.2 Protection of the Paid Travel Amount by “Europäische Reiseversicherung AG” 

By paying an insurance premium when booking, the customer can secure a cancellation insurance policy with “Europäische Reiseversicherung AG,” Kratochwjlestraße 4, A-1220 Vienna. Reimbursement of travel costs by Europäische Reiseversicherung AG requires proof of a cancellation or interruption reason covered by the insurance.

The premium is based on the insured travel price. More information on travel insurance with Europäische Reiseversicherung AG is available at: https://service.europaeische.at/doc/en/Information_document_CompleteCover-IPID-KS_2024-EN-001.pdf

Examination fees for retakes cannot be insured.

7.3 Organizer Withdrawal before Departure

a) Organizer’s Release from Performance 

The organizer is released from contract performance if a minimum number of participants, specified in the advertisement, is not reached and if the customer is informed of the cancellation within the following time limits:

• Up to the 20th day before departure for trips longer than 6 days,
• Up to the 7th day before departure for trips between 2 and 6 days,
• Up to 48 hours before departure for day trips.

If the organizer’s failure to meet the minimum number of participants is due to more than slight negligence, the customer can claim compensation, which is set at the level of the cancellation fee. This does not prevent the customer from claiming damages that exceed this amount.

b) Cancellation due to Force Majeure 

The cancellation is due to force majeure, meaning extraordinary and unforeseeable events beyond control (e.g., government orders, strikes, war-like situations, epidemics, natural disasters, etc.). Overbooking does not count as force majeure, but government orders, strikes, wars, epidemics, and natural disasters do.

c) Cancellation Due to Weather and Snow Conditions 

The organizer is released from performance if local weather and snow conditions do not allow the trip to proceed. The organizer decides if the conditions permit the trip.

In cases a), b), and c), the customer receives a refund of the amount paid. The right to choose a replacement service as per Section 7.1.b applies. If the organizer withdraws per Section 7.3 under points a), b), and c), no compensation is provided for customer expenses, including third-party booked travel (flight costs, train costs, etc.), extra accommodation costs, or visa costs. Paid travel fees and examination fees are fully refunded in case of cancellation.

7.4 Organizer’s Withdrawal after Trip Commencement 

The organizer is released from contract performance after the trip has begun in the following cases:

a) Trip Interruption Due to Force Majeure If the trip must be interrupted due to force majeure, meaning extraordinary and unforeseeable events beyond control (e.g., government orders, strikes, wars, epidemics, natural disasters, etc.), the organizer is released from liability.

b) Trip Interruption Due to Weather and Snow Conditions The organizer may stop the trip if local weather and snow conditions prevent the continuation. The organizer decides if conditions allow further continuation.

c) Gross Misconduct by the Customer The organizer may withdraw if the customer engages in gross misconduct, including sexist, racist, or offensive actions or statements; causes damage (including to hotels or course facilities); fails to attend without an excuse; violates alcohol and smoking bans during course times; fails to meet course prerequisites; or breaches behavioral rules disclosed at the start. The customer must hold the organizer harmless from claims made by third parties due to the customer’s conduct.

8 Changes to the Contract

8.1 Price Changes 

The organizer reserves the right to increase the confirmed travel price for reasons beyond its control if the travel date is more than two months after the contract is concluded. Such reasons include increases in transport prices (e.g., lift, cable car costs) or hotel costs. If such costs decrease, this will be passed on to the traveler.

Within the two-month period before travel, price increases are only allowed if agreed upon at the time of booking and noted on the booking slip.

No price changes are allowed starting from the 20th day before the departure date.

A price adjustment is permitted only if the exact method of calculating the new price is stipulated under the agreed conditions. Price changes and their circumstances must be communicated to the customer immediately. If the travel price changes by more than 10%, the customer is entitled to withdraw from the contract without a cancellation fee (see Section 7.1.a).

9 Disclosure of Information to Third Parties 

Information about travelers’ names and locations will not be provided to third parties, even in urgent cases, unless the traveler has explicitly requested disclosure. Any costs incurred for urgent message transmission are the customer’s responsibility. It is therefore recommended that travelers provide their families with the hotel’s exact address.

 

C. Payment Modalities

Payments for booked trips must be made as follows: A deposit (20% of the total price) is due upon booking. The remaining balance is due at least 20 days before departure without further prompting. For bookings made less than 20 days before departure, the full amount is due immediately. Examination fees for retake exams are due in full immediately.

1 Bank Fees 

Austrian bank fees are covered by Snowsports GmbH, while any bank fees incurred in the customer’s country are their responsibility.

2 Payment Options 

For trips booked on www.snowsports.at, the following payment methods are available:

• Credit card: Visa and Mastercard
• Bank transfer

3 Bank Details 

Payments should be made directly to the following account:

• Bank: Bank Austria
• Name: Snowsports GmbH
• IBAN: AT98 1200 0516 0100 7608
• BIC: BKAUATWW

4 Reminders and Damages 

In the event of late or incomplete down payments or remaining payments, Snowsports GmbH reserves the right to issue a reminder with a deadline. If the payment is not made, Snowsports GmbH may cancel the contract and claim damages based on the cancellation rates.

 

D. Personal Data

Personal data provided to us will be electronically processed and used to establish, execute, or terminate the travel contract and for customer support purposes. Snowsports GmbH complies with the GDPR provisions when collecting, processing, and using personal data. For further details, please refer to the privacy policy.

 

E. Photographs

Travel participants agree to and consent that photos and images of individuals or groups taken during a trip by Snowsports GmbH employees may be used in print or electronic media (internet) for documentation and promotional purposes. Participants understand that they have no financial, copyright, or data protection claims in the event of publication. Participants are aware that photos and images may also be used for commercial purposes and explicitly agree to this.

 

F. Additional Terms for Instructor Training Courses

1 Illness/Injury

During a Training Course In the event of illness or injury between days 1 and 5 of a training course, participants will receive a 30% discount on the course fee for a new booking (upon presentation of a medical certificate from the travel location). Refunds for lift tickets with medical proof must be handled directly with the lift company. There are no refunds for partial hotel costs.

2 Rebooking 

Upon customer request, one-time changes to the date, accommodation, or individual services can be made up to 30 days before departure, subject to availability. A rebooking fee of €30 will apply in addition to any changes in the travel price.

3 Insurance 

Skiing and snowboarding are high-risk sports where injuries can occur. Each participant is responsible for obtaining sufficient health, accident, liability, and trip cancellation insurance. The travel prices do not include insurance. Purchasing suitable insurance is highly recommended.

Please note that the training course is categorized as a “professional event,” which may void coverage under some other insurance plans (e.g., ÖSV, Alpenverein, Snowsports Academy membership insurance).

4 Liability Disclaimer 

The organizer, instructors, trainers, and guides are only liable for accidents and damages to participants or third parties in cases of gross negligence or intent. Participants are solely responsible for obtaining their own accident or liability insurance. Skiing and snowboarding are high-risk sports with potential for accidents and injuries.

5 Examinations 

Exams for ski or snowboard instructors are conducted by the Vienna Ski and Snowboard Instructor Association under the provisions of the Vienna State Law "Law on Instruction in Winter Sports."

5.1 Validity of the Qualification 

The organizer primarily trains ski and snowboard instructors for Austrian ski and snowboard schools. Although the training is recognized in many other countries, recognition depends on specific regulations and laws of the destination country, so it is recommended to clarify this in advance.

Austria is divided into several federal states, each with its own law for ski schools with varying requirements and interpretations. However, a mutual agreement between the federal associations of the states enables the automatic recognition of German-language Austrian qualifications throughout Austria. Therefore, the organizer’s German-language training is recognized in all Austrian federal states.

The organizer is the only association in Austria offering training courses and exams in both German and English. It is important to note that some Austrian federal states require German language skills to work as a snow sports instructor. Therefore, we recommend taking the exam in German if you intend to work in Austria. Otherwise, only an international certificate can be issued, recognized in many countries but not in all regions in Austria.

 

G. Accident Insurance Offering

It is possible to purchase accident insurance (including helicopter rescue) for the duration of the trip at the time of booking. The contracting party is UNIQA Österreich Versicherungen AG, A-1029 Vienna, Untere Donaustraße 21. The insurance covers only accidents occurring within the travel program, during ski/snowboard instructor training, and on the direct route to and from the location.

Insurance Coverage:

• Permanent disability (400%): EUR 35,000.00
• Maximum coverage: EUR 140,000.00
• Accident costs: EUR 2,000.00

Progression 25 - 400% (compact variant)

Up to 25% disability grade: linear compensation

• For the portion exceeding 25% but not 50% of the disability grade: 2x compensation
• For the portion exceeding 50% but not 90% of the disability grade: 3x compensation
• From a disability grade of 91% and above: 400% of the insured sum

Additional Benefits (at no extra charge):

Rescue Costs: Rescue costs (including helicopter rescue) up to EUR 15,000.00

Immediate Payment: Following an 11-day hospital stay, EUR 1,500.00 will be paid immediately as an advance on possible disability compensation.

Cosmetic Surgery: Coverage up to EUR 10,000.00 for cosmetic surgeries resulting from an accident.

Rehabilitation Allowance: If a rehabilitation stay is necessary within 6 weeks after a hospital stay, UNIQA pays an allowance of 1% of the insured sum for permanent disability.

Accidents due to Heart Attack or Stroke: Covered according to policy.

Dislocations, Strains, Meniscus Injuries: Covered according to policy.

Repatriation and Funeral Costs: Coverage up to 5% of the death benefit sum, up to EUR 7,000.00.

Traditional Chinese Medicine (TCM): Coverage up to 30% of the sum insured for traditional Chinese medicine treatments, including acupuncture, acupressure, Chinese pharmacology, and Shiatsu, even without a medical prescription.