Terms & Conditions
updated and valid since September 2024
Ski & Sport Pflug GmbH consisting of:
- Ski school SEISER-PFLUG am Wechsel, ski, snowboard and cross-country skiing lessons
- Rental of ski equipment,
- Hospitality business in accordance with § 111 Para. 1Z2 GewO 1994 Buffet type of business
- Organization and implementation of sporting events
- Commercial trade with the exception of regulated commercial trades
Ski & Sport Pflug GmbH contracts solely on the basis of these GTC. The applicability of any general terms and conditions of the contractual partners of Ski & Sport Pflug GmbH is excluded. Any general terms and conditions are therefore rejected.
For reasons of simplicity, the following text is not gendered.
General Terms and Conditions
General terms and conditions
- For the business transactions of Ski & Sport Pflug GmbH
- Ski school SEISER-PFLUG am Wechsel, ski, snowboard and cross-country skiing lessons
- Rental of ski equipment
- Hospitality business in accordance with § 111 Para. 1Z2 GewO 1994 Buffet type of business
- Organization and implementation of sporting events
- Commercial trades with the exception of regulated commercial trades
(hereinafter: “Ski & Sport Pflug GmbH”), the following General Terms and Conditions (hereinafter: GTC) shall apply exclusively. Deviating oror supplementary provisions shall only become part of the contract if they have been expressly confirmed in writing by Ski & Sport Pflug GmbH.
GTC regarding the ski school operations of Ski & Sport Pflug GmbH
The conditions of carriage of the Wexl Arena St. Corona am Wechsel (https://www.wexlarena.at/de/deine-wexlarena/erlebnisse-winter/familienskiland/ ) or the Erlebnisalm Mönichkirchen am Wechsel (https://www.erlebnisalm.com/skigebiet ) apply to the use of the lift facilities.
Ski & Sport Pflug GmbH is not a lift operator.
Conclusion of contract
Offers from Ski & Sport Pflug GmbH are non-binding. Contracts concluded via the Internet only come into effect upon written confirmation by Ski & Sport Pflug GmbH.
general conditions of participation for the ski school operation of Ski & Sport Pflug GmbH
The contractual partner must inform the ski school of Ski & Sport Pflug GmbH truthfully and comprehensively about his skills and experience in skiing, as well as independently provide equipment appropriate to the level of the winter sports (skiing, snowboarding, cross-country skiing, telemark, tobogganing and bobsleighing) and their technique and the external conditions.
Before the start of the lesson, the contractual partner must arrange for the equipment, in particular bindings and the corresponding binding adjustment, to be checked by a specialist company and ensure that it corresponds to the external conditions. He must also inform Ski & Sport Pflug GmbH comprehensively about his state of health and any impairments or ailments. The grouping of ski and snowboard courses is carried out by Ski & Sport Pflug GmbH. There is no entitlement to a specific group, reclassifications are possible. The contractual partner must follow the instructions of Ski & Sport Pflug GmbH. The contractual partner undertakes to comply with the rules of conduct of the International Ski Federation (FIS rules) at all times during the lessons. Failure to comply with instructions entitles Ski & Sport Pflug GmbH to terminate the contract. The influence of alcohol or drugs entitles Ski & Sport Pflug GmbH to terminate the contract. The contractual partner is not entitled to a (pro rata) refund of the amount paid by him/her and waives the right to such a refund in the event of extraordinary termination by Ski & Sport Pflug GmbH, whereby this waiver is accepted by Ski & Sport Pflug GmbH. If the number of participants in group courses is reduced to less than 4 persons, Ski & Sport Pflug GmbH reserves the right to combine these courses. If the number of participants drops drastically, the course may also end early. In this case, the remaining lessons will be rescheduled to a new date. There is no entitlement to a specific person as a ski or snowboard instructor. Ski & Sport Pflug GmbH reserves the right to change the ski or snowboard instructor as part of the fulfillment of the contract.
Prices and terms of payment
Prices are quoted in EURO and include the statutory value added tax (20%), unless expressly agreed otherwise. The price lists publicly displayed in the ski school office shall apply, unless expressly agreed otherwise. No liability is accepted for typesetting and printing errors in the Ski & Sport Pflug GmbH brochure or on the company website, www.sport-pflug.at. Ski passes, lift tickets, tickets (for the Erlebnisalm Mönichkirchen am Wechsel and the Wexl Arena St. Corona am Wechsel) and equipment are not included in the Ski & Sport Pflug GmbH prices and must be procured independently and individually. The contractual partner undertakes to pay the price in full at the time of online registration or conclusion of the contract, unless other express agreements have been made. Even if the contractual partner is in default of payment through no fault of his own, Ski & Sport Pflug GmbH is entitled to charge interest on arrears at a rate of 6% per annum. Claims for compensation for proven higher interest are not affected by this. In the event of default, the contractual partner undertakes to reimburse the dunning and collection charges incurred, even in the event of default through no fault of his own.
payment
Credit card payments in favor of the ski school shall be 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 support@payyo.ch for all inquiries regarding your credit card payments and chargebacks.
liability provisions
Ski & Sport Pflug GmbH shall only be liable for damages in all cases of intent or gross negligence, unless this is contrary to mandatory law. In the case of liability, for example, an upper liability limit could be standardized as a supplement. Ski & Sport Pflug GmbH is liable up to a maximum limit of € 5,000.00, whereby the contractual partner waives any further claims against Ski & Sport Pflug GmbH, whereby the waiver of Ski & Sport Pflug GmbH is accepted. Any liability claims against Ski & Sport Pflug GmbH must be asserted in court within 6 months, otherwise they are precluded (relative limitation period), and expire within 1 year, calculated from the event triggering the limitation period (absolute limitation period).
Warranty
Ski & Sport Pflug GmbH does not owe any success in the service provided. A lack of improvement in performance is not deemed to be defective performance.
6 Cancellation and withdrawal conditions
6.1 Up to 7 days before the start of the service: The full amount (of all services) will be refunded.
6.2 Less than 7 days before the start of the service: No refund will be made. Upon presentation of a written medical certificate, the full amount will be refunded, minus a processing fee of € 20.
6.3 In the event of non-attendance and unjustified absence up to the start of the course, there is no retroactive entitlement to a refund of any kind.
6.4 Cancellation during ongoing services: Cancellation of a course or private lessons due to illness, injury or accident: A refund will only be made in the form of a voucher (valid for 1 year), minus a processing fee of € 20,- after receipt of a medical certificate (within 7 days). Cancellations will only be considered if they are reported to the ski school office on site and approved immediately after the cancellation.
6.4.1 Cancellations during the course (other reason) or during private lessons (other reason) or failure to comply with the medical confirmation deadline (within 7 days) will not be eligible for a refund.
6.5 Refunds in the form of a voucher (valid for 1 year) will only be made for services not yet used.
6.5.1 Services not yet used:
6.5.1.1. course operation: course days not yet started
6.5.1.2. private lessons: private lessons not yet started
6.6 Ski & Sport Pflug GmbH requires the medical certificate, the IBAN, the name of the course participant and the course dates in writing, within 7 days of termination or withdrawal, by e-mail to: info(at)seiser-pflug.at
The presentation of a medical certificate is a prerequisite for the assertion of this right.
The booking of a ski school article (courses and private lessons) is not transferable!
Vouchers that were not issued by “Ski & Sport Pflug GmbH” are no longer valid from 1.10.2024.
Cancellation conditions due to weather conditions
Lessons take place in all weather conditions. In the event of a weather-related cancellation on the part of the contractual partner, there is no right to a refund.
Weather-related breakdowns of the entire lift facilities due to force majeure will result in the course units being canceled. Course days or private units already completed will not be refunded. However, course days or private units that have not been completed will be refunded.
Courses may be canceled by the ski school if the number of participants in group courses is too low. Cancellations will be announced as soon as possible before the start of the course. If possible, the contractual partner will be rebooked for another course date. If a rescheduling is not possible, the amount of all services not yet rendered will be refunded.
consent to image, sound and video recordings, rights of use:
The customer agrees and consents free of charge and irrevocably for all media (print, online, digital, etc.) that Ski- & Sport Pflug GmbH or third parties commissioned by Ski- & Sport Pflug GmbH are entitled to make, edit, use, reproduce, broadcast, publish and use in any way image, sound and/or video recordings of his person and of these objects brought in or brought along as part of the ski operation. Ski- & Sport Pflug GmbH is therefore entitled in particular to create and edit the recordings in whole or in part and also to reproduce, broadcast, exhibit and use them in audiovisual or other media in edited form. In particular, but not exclusively, Ski & Sport Pflug GmbH is entitled to promotional use. These rights are unlimited in terms of time and place and also apply to use in the media (e.g. radio, website, television, film, daily and trade press, online news, social media, etc.) and for the purpose of any reporting. Ski & Sport Pflug GmbH is also entitled to exhibit these recordings in a picture and/or video gallery both in person and on the Internet. This also applies to any other media. Ski & Sport Pflug GmbH is also entitled to use these recordings for the production of advertising subjects (e.g. flyers, posters, merchandise articles, advertising banners, etc.). All of these rights are therefore transferred irrevocably, free of charge and for an unlimited period to Ski & Sport Pflug GmbH by the customer and/or cooperation partner.
The customer gives his express, irrevocable, unlimited and free consent that such images may also be created and used in such a way that the customer is clearly identifiable and fills the image.
The customer gives his express, irrevocable, unlimited and free consent that the image, sound and/or video recordings made by the customer may be used by Ski & Sport Pflug GmbH itself for advertising purposes and/or passed on to third parties.
The customer therefore transfers free of charge and irrevocably to Ski & Sport Pflug GmbH all copyrights, personal rights, rights of use, ancillary copyrights, exploitation rights and other property rights, the sole and exclusive, freely transferable without the consent of the customer by Ski & Sport Pflug GmbH or its legal successors and irrevocable within the legally mandatory limits, The customer hereby grants Ski & Sport Pflug GmbH the rights of use, including the rights to edit and modify the image, sound and/or video recordings made by Ski & Sport Pflug GmbH or third parties commissioned by Ski & Sport Pflug GmbH, which are unlimited in terms of time (including any extensions of the term of protection and shared periods of protection), territory and content, and declares to Ski & Sport Pflug GmbH its acceptance in this respect.
The assignment of rights also applies to and includes all known and unknown, present and future types of use, as well as present and future rights created by future legal developments and copyright remuneration and participation claims and takes place regardless of their legal classification in individual cases. Insofar as this is legally possible, the rights/claims are deemed to be transferred in their entirety to Ski & Sport Pflug GmbH.
Ski & Sport Pflug GmbH is entitled to transfer the rights granted to it in whole or in part to third parties or to grant third parties (work) rights of use or authorizations. Notwithstanding the entitlement of Ski & Sport Pflug GmbH to transfer the rights granted to it under this agreement in whole and/or in part, Ski & Sport Pflug GmbH is also entitled to grant exclusive (work) usage rights that are freely transferable with the same authorization, as well as to grant (non-exclusive) (work) usage authorizations to third parties that are freely transferable with the same authorization.
Ski & Sport Pflug GmbH is not obliged to actually exercise all or any of the rights granted to it under this contract.
It is noted that the above list regarding the assignment of rights is merely demonstrative, especially since all rights are transferred to Ski & Sport Pflug GmbH by the customer regarding these image, sound and/or video recordings.
The customer irrevocably waives any remuneration for the granting of such rights, and this waiver is accepted by Ski & Sport Pflug GmbH.
content of the online offer
Ski- und Sport Pflug GmbH assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against Ski- und Sport Pflug GmbH relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of the author. All offers are subject to change and non-binding. Ski- und Sport Pflug GmbH expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
references and links
In the case of direct or indirect references to external websites (“links”) that lie outside the author's area of responsibility, a liability obligation would only come into force in the event that the author is aware of the content and it would be technically possible and reasonable for him to prevent use in the event of illegal content. The author hereby expressly declares that no illegal content was recognizable on the linked pages at the time the links were created. The author has no influence whatsoever on the current and future design, content or authorship of the linked pages. Therefore, the author hereby expressly distances himself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the author's own website as well as to third-party entries in guest books, discussion forums and mailing lists set up by the author. Liability for illegal, incorrect or incomplete content and in particular for damages resulting from the use or non-use of such information lies solely with the provider of the page to which reference is made, and not with the person who merely refers to the respective publication via links.
data protection
We only collect personal data that is necessary for the performance and processing of our services or that you have voluntarily provided to us. Personal data is all data that contains individual details about personal or factual circumstances, such as name, address, email address, telephone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of persons and biometric data, such as fingerprints.
Your personal data is protected by taking appropriate organizational and technical precautions. These precautions relate in particular to protection against unauthorized, unlawful or accidental access, processing, loss, use and manipulation. Despite our efforts to maintain an appropriately high level of due diligence at all times, it cannot be ruled out that information that you disclose to us via the Internet may be viewed and used by other persons. Please note that we therefore accept no liability whatsoever for the disclosure of information due to errors in data transmission not caused by us and/or unauthorized access by third parties (e.g. hacking attack on e-mail account or telephone).
We endeavor to ensure that data breaches are detected at an early stage and, if necessary, reported immediately to you or the competent supervisory authority, including the respective categories of data concerned.
Your rights
If there are any changes to your personal data, please notify us accordingly. You have the right to withdraw your consent to the use of your personal data at any time.
cookies
This website uses “cookies” to make our offer more user-friendly, effective and secure. A “cookie” is a small test file that we transmit via our web server to the cookie file of the browser on the hard disk of your computer. This enables our website to recognize you as a user when a connection is established between our web server and your browser. Cookies help us to determine the frequency of use and the number of users of our website. The content of the cookies we use is limited to an identification number that can no longer be traced back to the user. The main purpose of a cookie is to recognize visitors to the website.
severability clause
Should individual provisions of these terms and conditions be invalid or incomplete, this shall not affect the validity of the remaining provisions and the entire legal transaction.
legal transaction. The ineffective or incomplete provision shall be replaced by a provision that comes as close as possible to the economic purpose of the ineffective or incomplete provision.
Content of the online offer
Ski- und Sport Pflug GmbH assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of the author.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
places of fulfillment of Ski & Sport Pflug GmbH
2872 Mönichkirchen am Wechsel, No. 226; customer office and collection point No. 358
2880 Sankt Corona am Wechsel, Unternberg 197
place of jurisdiction and choice of law
Austrian substantive law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. The contract language is German. Without prejudice to compulsory jurisdiction, the competent court at the registered office of Ski & Sport Pflug GmbH shall have local jurisdiction to decide on all disputes arising from this contract.
SKI & SPORT PFLUG GMBH
REGISTERED OFFICE:
Mödlingbachgasse 253b/2
A-2392 Sulz im Wienerwald
Austria
LG Wr. Neustadt FN 614651z
UID: ATU 79962079
www.sport-pflug.at
info(at)seiser-pflug.at
+43 2649/20111
CEO Dieter Pflug, CEO Fabian Pflug, CEO Florian Pflug