Terms and Conditions

General Terms and Conditions of the Tyrolean Alpine Ski School Mountainmind, hereinafter referred to as ‘Mountainmind’, based in A-6306 Söll, owner Mag. Peter Graus

1. General

Our terms and conditions apply to all transactions between the Tyrolean ski school Mountainmind and its customers, unless otherwise expressly agreed in writing.
The subject matter is the operation of a ski school, alpine division, with the associated services, in particular the provision of lessons and instruction in the skills and knowledge of alpine skiing, guiding and accompanying on slopes, in open ski areas and on ski tours, as well as coaching and training. Concrete training success cannot be legally guaranteed.

2. Conditions of participation

Customers and participants in Mountainmind's services are obliged to inform the ski school of their skiing abilities and experience, as well as any health complaints, previous injuries or illnesses, and pregnancies, without being asked, truthfully and comprehensively before the start of the service. In the case of children and minors, this duty to provide information applies to the respective legal guardian who makes the booking.

The ski equipment used, in particular the function of the safety bindings, must be checked by the customer independently by a specialist company before using the service. In the case of minors, the legal guardians are responsible for ensuring that the ski equipment is checked by a specialist.

Minors are generally required to wear helmets.

Failure to comply with instructions and warnings regarding customer safety entitles the Mountainmind ski school to terminate the contract immediately without any entitlement to a financial refund for the remaining duration of the booking.

This also applies if customers participate in Mountainmind's services under the influence of alcohol, drugs or medication, as well as in the event of inappropriate behaviour by the customer, in particular towards other course participants or towards the ski instructors.

Group courses are held with a minimum of 3 participants. If this number is not reached, Mountainmind reserves the right to reduce the number of course hours booked.

The Mountainmind Ski School is solely responsible for dividing guests into groups and assessing their skiing abilities, including in the context of private lessons.

3. Offer, prices, conclusion of contract

The Mountainmind ski school reserves the right to make changes to the offer, programme and pricing at any time.

The ski school accepts no liability for errors and mistakes in printed materials, online offers or website offers.

Reservations can be made by telephone or email and are only valid once they have been confirmed in writing by Mountainmind. Offers are subject to change.

All prices are quoted in euros and include 20% VAT. The cost of lift passes and ski equipment is not included in our prices.

Customers are responsible for ensuring that they arrive at the agreed meeting point on time. There is no entitlement to postponement of start times, extension of course times due to delays beyond the control of the Mountainmind ski school, or financial refunds.

The Mountainmind Ski School is not responsible for delayed arrivals due to traffic disruptions or delays in equipment rental.

It is the customer's responsibility to find out the location of the agreed meeting point so that they can arrive on time with all their skiing equipment and start the lesson.

 

4. Terms of payment

For reservations, a deposit of 50% of the total booking cost must be paid upon receipt of the booking confirmation, unless the Mountainmind ski school expressly waives this requirement in writing. The advance payment must be received in our bank account at least 7 banking days before the start of the reserved service. The remaining balance must be paid at the ski school office or a Mountainmind booking office at least 24 hours before the start of the services, otherwise the ski school reserves the right to refuse to provide the service.

In the event of cancellation, the following provisions apply:

In the event of illness or injury of the participant, no cancellation fees will be charged upon presentation of a medical certificate.

For cancellations for other reasons between 72 and 24 hours before the start of the booked service, a processing fee of £35 will be charged. For cancellations for other reasons between 72 and 24 hours before the start of the booked service, a processing fee of €35 will be charged.

For cancellations less than 24 hours before the start of the booked service there is no legal entitlement to a refund or compensation.

If, when booking off-piste offers in the free skiing area or ski tours, the guides or ski school director deem that the activity is not feasible or possible due to the prevailing snow or hazard conditions, the Mountainmind ski school will offer a replacement programme on the slopes. This must be accepted by the customer at the price of ski technique lessons for a period of one day as a substitute.

Mountainmind endeavours to find amicable solutions, but there is no legal entitlement to this.

 

5. Liability

The practice of skiing also carries a risk of injury within the scope of the services provided by ski schools.

The Mountainmind ski school and its ski instructors are not liable for accidents, but only for damage caused intentionally or through gross negligence in the immediate context of the respective service.

The ski school is not liable for any other damage, in particular damage outside of course and supervision hours.

The ski school accepts no liability for any other damage, in particular damage outside of course and supervision times. It is the responsibility of the customer or participant to take out their own accident, liability, mountain rescue and repatriation insurance.

 

6. Warranty

Any complaints must be made immediately and without delay after the triggering event occurs, either in person at the ski school office or by telephone, so that the ski school has the opportunity to remedy the situation. Mountainmind endeavours to find solutions and be accommodating, but delayed notification does not entitle the customer to a reduction in payment or compensation.

Any justified claims by customers against Mountainmind must also be made in writing and sufficiently justified no later than four weeks after they arise.

Courses and guiding generally take place in all weather conditions. In the event of circumstances beyond the control of the Mountainmind ski school that lead to the restriction, reduction or cancellation of services, such as storms, failure or restriction of lift operations, the customer has no legal claim to refunds or compensation.

 

7. Place of jurisdiction

For all disputes, regardless of the nationality of the customer and the place of damage, the place of jurisdiction is Kufstein and Austrian law applies exclusively.

 

8. Legal validity

Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions and that of the entire legal transaction. The invalid provision shall be replaced by one that comes closest to the invalid provision in economic terms.