GENERAL BUSINESS TERMS AND CONDITIONS

The contract partner of the Customer shall be:

Skischule Lech GmbH & Co KG
Tannberg 185
6764 Lech

FN 261512b, LG Feldkirch
VAT-ID: ATU 6233 4049
Managing director: Skischule Lech GmbH, represented by Johannes Bischof and Christian Elsensohn, managing directors holding sole representation rights

Phone: 05583/2355
Email address: sport@skilech.info

Lech Ski School offers its services both on its website www.skischule-lech.com and in its business premises. Contracts between Lech Ski School and the Customer can be concluded by electronic means (submission of an offer via online form and acceptance of contract via e-mail confirmation) as well as in the business premises of Lech Ski School (contract conclusion by issuance of a voucher).

Contract conclusion via online shop:

The services offered in the online shop of Lech Ski School shall not constitute legally binding offers. Instead, they must be regarded as an invitation to the reader to submit an offer for contract conclusion to the Ski School.

By forwarding his or her fully completed online form to Lech Ski School, the Customer submits a legally binding offer for concluding a contract about the services advertised by Lech Ski School (especially the provision of snow sports training courses). Based on said offer, Lech Ski School shall send an order confirmation to the Customer. Only if and when such order confirmation (contract acceptance) has been sent to the Customer, a contract between Lech Ski School and the Customer shall be deemed to have come into existence.

The order confirmation shall serve as a voucher enabling the holder to make use of the booked services and must be handed over to the instructor at the beginning of a course. Alternatively, the Customer may pick up the order confirmation in the business premises of Lech Ski School against submission of the respective order number.

Lech Ski School shall be entitled to refuse an offer for contract conclusion without being

obliged to state the reasons. The offer made by the Customer by sending the fully completed online form shall be binding for him or her for a period of 48 hours.

Contract conclusion in the business premises:

The services offered in the online shop of Lech Ski School shall not constitute legally binding offers. Instead, they must be regarded as an invitation to the reader to submit an offer for contract conclusion to the Ski School.

A legally binding offer to conclude a contract shall be deemed to have been made by the Customer if and when the Customer states towards an employee of Lech Ski School that he or she wants to make use of the School’s services. The contractual relationship between Lech Ski School and the respective Customer shall only come into being at the time when the requested service is paid for and the voucher is handed over.

All prices indicated or displayed in the online shop and in the business premises of Lech Ski School shall be inclusive of VAT at the rate applicable in each case.

For payment of ordered services via the online shop, the Customer may use one of the following options

• payment by credit card
• payment by IMMEDIATE transfer

For payment of ordered services in the business premises of Lech Ski School, the Customer may use one of the following options:

• payment by credit card
• payment by debit card
• cash payment

The Customer shall only be entitled to offset against counterclaims if they are legally connected with the claim asserted by Lech Ski School, have been determined by a court or accepted by Lech Ski School, as well as in the event of an insolvency of Lech Ski School. If the Customer is an entrepreneur within the meaning of Section 1 paragraph 1 no. 1 of the Austrian Consumer Protection Act (KSchG), an offset against counterclaims legally related to Lech Ski School shall be excluded.

Retention rights the Customer is entitled to by virtue of law shall remain unaffected.

The customer is entitled to withdraw from the concluded contract free of charge up to 14 days before the start of the booked service. After that, a withdrawal by the customer is no longer possible and the Lech ski school - regardless of whether the customer does not use the booked service in whole or in part (e.g. due to illness, accident, bad weather, etc.) - retains its full claim to payment from the customer in the sense of a contractual penalty in the amount of 100% of the agreed total price.

The above mentioned deadlines also apply in case of partial cancellation of the booked service. The receipt of the cancellation declaration by the Lech ski school is decisive.

In order to execute this right of withdrawal (cancellation), the Customer must send a rescission notice to the following address/fax no. by mail, fax or email or contact Lech Ski School by phone:

by phone: 05583/2355
by mail: Skischule Lech GmbH & Co KG, Tannberg 185, 6764 Lech
by email: sport@skilech.info

In the event that the customer only withdraws from the concluded contract with regard to a single day or individual days within a booked period (in good time) or does not make use of the booked service of the Lech ski school ("no show"), the Lech ski school is entitled to withdraw from the concluded contract with regard to the remaining days (subsequent days after the cancelled or unused days). In this case, the Lech ski school loses its claim to payment for the remaining days with regard to which it has withdrawn from the contract.

If the service was partially used on a day (e.g. an accident or illness during the course), this day will be charged in full. This also applies if the agreed course is not used in full by the customer, e.g. only 3 instead of 4 hours. In this case, too, the entire basic price per day will be charged.

Example: A customer books a group course for 7 days for €376 and has an accident on day 4 during the course and is unable to continue participating. The customer has therefore used 4 days of service provided by Lech Ski School. If they had booked 4 days group lessons originally, the rate would have been €264. The customer therefore has the right of reimbursement for the balance difference of those two amounts i.e. €112 minus the processing fee of € 25.00 thus € 87.00.

In the case of a reasonable cancellation the reimbursement will be made within 14 days from the date of the cancellation.

If weather conditions do not guarantee that the ordered services can be rendered in a secure and safe way, Lech Ski School shall be allowed to postpone or cancel the booked services. If services are cancelled, Lech Ski School undertakes to repay the Customer any amounts already paid within a term of 14 days after the date of cancellation.

The Customer is aware of the fact that the practise of skiing is connected with numerous dangers and that particularly tours in free-ride areas are connected with the risk of getting into distress in the mountains. In addition, the Customer is aware of the fact that a rescue of persons in the mountains, especially by air and mountain rescue services, may result in high costs. The Customer is recommended to take out a corresponding leisure time insurance (especially an insurance covering rescue and air rescue charges), particularly as Lech Ski School does not assume any liability for such rescue and air rescue charges, unless such expenses were caused by an intentional or grossly negligent conduct of Lech Ski School, its legal representatives or agents.

The services rendered by Lech Ski School shall be divided into the following ability-related groups:

• adult groups (persons aged 18 and above): on-piste skiing, skiing on ski routes, off-piste skiing, ski tours, freeriding
• youth groups (13-18 years of age): on-piste skiing, skiing on ski routes and freeriding
• children groups (up to 12 years of age): exclusive on-piste skiing and skiing on ski routes.

The allocation to the different groups for skiing courses shall be made by Lech Ski School. Any changes made by Lech Ski School with regard to the grouping, especially also assignments to less advanced groups, shall in any case be accepted by the Customer, even if they are made after the start of courses.

The Customer shall be obliged to comply with the instructions given to him or her by Lech Ski School, its legal representatives and agents. If warnings fail to be observed, Lech Ski School shall be entitled to dissolve the respective contract without any delay. Apart from that, Lech Ski School shall have the right to terminate the contract immediately if a Customer making use of the services rendered by Lech Ski School is under the influence of alcohol or drugs.

In the case mentioned above, the Customer shall not be entitled to a refund of the price paid by the latter.

Vouchers are to be redeemed at the Lech Ski School office. An advance reservation by e-mail, telephone or in person is absolutely necessary. If the value of a voucher exceeds the value of the service used, the customer will be issued a new voucher for the difference. This voucher can be redeemed in the amount of the remaining (residual) amount for a further use of services of the Lech ski school. A cash redemption of the (remaining) value is excluded in any case, i.e. also in case of non-redemption. The original validity period of the voucher is not affected by the issuance of a new voucher for the difference amount, so that there is no extension of the original validity period.

Lech Ski School warrants towards the Customer that the ordered service will comply with the contract, but does not guarantee any training success of the Customer.

Lech Ski School shall not assume any liability for damages – except for personal injuries – to the extent that they are not due to an intentional or grossly negligent behaviour of Lech Ski School, its legal representatives or agents and the conduct causing the damage is not related to main obligations arising from the contract for Lech Ski School. This exclusion of liability shall not apply to completely unforeseeable or atypical damages the Customer could not reasonably expect.

Lech Ski School particularly refuses any liability with respect to damages caused by the Customer during the rendering of the services agreed upon either to himself or herself or to other persons or damages caused to him or her by other persons.

The services of Lech Ski School shall exclusively be rendered outdoors, on ski runs or in free-ride areas under partially difficult or very difficult conditions. Unfavourable weather conditions such as rain, snow or mist may impede such conditions even more.

The Customer shall be obliged to give Lech Ski School true and complete information about his or her skills and experience in connection with snow sports. Similarly, the Customer shall inform Lech Ski School comprehensively about his or her physical abilities, especially his or her state of health and ailments, if any.

The services rendered by Lech Ski School may, on each level of skill and ability, be connected with high demands concerning materials and the Customer’s physical fitness and driving technique. For this reason, every Customer is asked to exclusively use properly maintained sports equipment and the usually prescribed safety equipment when making use of the ordered services and to assess his or her own performance realistically.

The Customer is asked to note that failure to wear a safety helmet may, in the event of injuries, constitute contributory negligence by the Customer. The Customer is therefore recommended to wear a safety helmet as well as any other safety equipment recommended to be used in connection with the respective service (e.g. avalanche beacon for freeriding).

Place of performance for deliveries, services and payments shall be the registered place of business of Lech Ski School.

Austrian law shall be applicable under exclusion of the UN Sales Convention. For consumers not having their usual residence in Austria, their own national mandatory consumer rights provisions shall apply if they are more favourable for the consumer than the relevant provisions included in the Austrian legislation.