Conditions1. scope of application, service content:
Wolfgang Hackel provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between Wolfgang Hackel and the guests, even if they are not expressly referred to. The mountain guide contract includes all obligations as a mountain guide to guide a guest on a certain tour. In return, the guest is obliged to pay the fee, unless gratuitousness has been explicitly agreed upon. The requirements stated in the programs or tour descriptions must be fulfilled by the participant. Each guest is responsible for the condition and maintenance of any equipment he or she may have brought along, as well as for his or her own state of health. In order to assess the suitability of the individual guest for the planned tour, the guest is obligated to provide Wolfgang Hackel with truthful information. Due to the legal obligation, the mountain guide has to make sure that the guests are sufficiently equipped and according to the requirements before the start of a tour. The mountain guide reserves the right to refuse to guide persons who are inadequately equipped or obviously not up to the difficulties of the planned undertaking. In this case, there is no right to a refund of the fee. Despite the best tour planning and guidance, no unlimited guarantee of success can be given for reaching the planned program goal or summit. Decisions regarding the choice between several route variants, continuation and termination of the tour, regarding the inclusion of breaks and their lengths, the decision regarding the carrying and use of equipment (especially rope, crampons, crampons, ice axe, etc.) are the sole responsibility of the mountain guide. No claims for compensation can be made for tours omitted for safety reasons (such as falling rocks and ice, avalanches, crashes, weather changes, etc.) or through the fault of the participant. Damages from loss or repair costs of damages to the rental equipment that exceed normal wear and tear are to be reimbursed by the participant. Due to the special responsibility for the correct execution of the tour, the guests commit themselves with the conclusion of the mountain guide contract to submit to the instructions of the mountain guide, which he gives in his function as responsible and knowledgeable leader of the tour. Should these be ignored by the guests, the mountain guide cannot be held responsible for any consequences arising from this.
2. conclusion of the contract:
The mountain guide contract between the guest and Wolfgang Hackel is concluded when there is agreement on the essential components of the contract (goal/purpose of the undertaking, fee, time and the number of people to be guided, etc.). The booking can be made in writing or verbally. Telephone bookings are legally binding. In case of simultaneous registration of several participants, the person who makes the registration is liable for the payment of the invoice amount. Acting in one's own name is presumed. Furthermore, when concluding a mountain guide contract for leading a mountain tour with several persons, all guests are jointly and severally liable for the fee claim. The mountain guide reserves the right to change, limit or extend the training and tour program at any time due to unforeseen circumstances. Due to the dependence on weather conditions or other unforeseeable circumstances, the originally planned tour itinerary cannot always be guaranteed. With the registration a deposit of 10% is to be paid, the balance has to be received at the latest 2 days before tour start on the indicated account free of deductions and charges. In exceptional cases and only with the express consent of Wolfgang Hackel, cash payment on site before the start of the tour can be agreed.
3. change in the person of the guest:
If the guest is prevented from starting the tour, he can transfer the contractual relationship to another person, provided that this person fulfills all conditions for participation and the transfer is communicated to Wolfgang Hackel within a reasonable period of time before the departure date. The transferor and the transferee are jointly and severally liable for the unpaid fees as well as for any additional costs arising from the transfer. A refusal of the transfer by Wolfgang Hackel is possible for factually justified reasons.
4. minimum number of participants:
All events can basically only be carried out if the minimum number of participants stated is reached. If this is not the case, Wolfgang Hackel is entitled to withdraw from the contract up to 7 days before the start of the event. The already paid fee will be refunded in full. If the guest nevertheless insists on the execution of the event, a new offer with a recalculated price can be submitted. If the guest agrees with the recalculated price, a new contract is concluded. However, there is no obligation on the part of Wolfgang Hackel to carry out the event anew
The mountain guide/alpine school has the legally required liability insurance. Any private insurances (e.g. accident insurance) in connection with the planned tours are to be taken out by the guests themselves. In this context, it is pointed out that very high costs can arise in the case of helicopter or mountain rescue operations, which are usually not covered by the responsible social insurance agencies and must therefore be paid by the guest concerned. Therefore, the conclusion of a rescue costs insurance is expressly recommended. In principle, there is no cancellation insurance. The guest is responsible for compliance with any passport, visa, customs, foreign exchange and health regulations at his own expense.
The guest has a warranty claim in the event of non-performance or defective performance. The guest agrees that instead of his claim for cancellation or price reduction in an appropriate period of time a defect-free service is provided, if this is possible. In order to carry out the improvement during the ongoing mountain tour, the guest is in any case obliged to notify the mountain guide. If a performance defect is based in the sphere of the guest, such as a health impairment (e.g. too slow acclimatization to the altitude, lack of fitness, etc.), the guest can not derive any claims from this.
In case of culpable violation of an obligation arising from the contractual relationship, Wolfgang Hackel is responsible to the guests for compensation of the resulting damages within the scope of the legally obligated liability insurance for personal injury, property damage and financial loss, provided all other legal requirements are met. Wolfgang Hackel is not liable in case of slight negligence. Also excluded are claims for compensation from the title of lost vacation enjoyment. A possible compensation is limited to the amount of the liability insurance sum existing at that time. Apart from the legal liability facts, the guests take part in the mountain tours at their own risk. A considerable degree of prudence is therefore required from each guest. Wolfgang Hackel cannot assume any responsibility in case of accidents, damages or other irregularities, which result from the realization of alpine dangers (such as danger of falling, altitude sickness, cold, avalanche danger, crevasse fall, rock fall). This is expressly accepted by the guest with his registration. All events are prepared and guided to the best of our knowledge and belief. No guarantee can be given for summit success or fulfillment of subjectively imagined travel goals. It is in the nature of the event that a certain residual risk and uncertainty remains for the guest. An appropriate tour preparation through endurance sports, appropriate technical training and personal prudence reduces the risk of accidents and is therefore strongly recommended to every guest.
8. withdrawal from the contract:
The guest has the right to withdraw from the contract in writing at any time. In case of cancellation no later than 21 days before the start of the program, 30% of the fee is to be paid. Up to 5 days before the start of the tour 75% of the fee is to be paid and in case of cancellation 5 or less days before the start of the tour 100% of the quoted price is to be paid. In addition, any cancellation costs of hotels or lodges etc. are to be paid by the participant. It is recommended to take out a cancellation insurance. If the place that has become free due to the cancellation can be resold, no costs will be incurred. Changes of date are valid as cancellation and new registration. If a guest is absent from the agreed starting point of the tour or if the departure for the tour is missed due to negligence on the part of the guest or also due to a reason caused by force majeure, 75% of the guide fee plus any expenses may be retained.
9. resignation of the mountain guide before the start:
If Wolfgang Hackel has to withdraw from the contract due to unusual and unforeseeable events over which he had no control and the consequences of which could not have been avoided despite exercising due care, the guest must reimburse the expenses incurred to date. Such events include government orders, strikes, war or war-like conditions, natural disasters, epidemics, weather and avalanche conditions, etc.. The part of the management fee exceeding the reimbursement of expenses will be refunded.
10. resignation on the part of Wolfgang Hackel after start of the journey:
Wolfgang Hackel, will be released from the service provision, if a guest in the context of a tour by improper as well as grossly careless behavior disturbs the execution of the undertaking - regardless of a warning - sustainable or endangers others. In this case, the guest, if he is at fault, is obliged to pay damages to the mountain guide / Alpine school. In such a case, the guide fee will not be refunded.
11. changes of the contract:
Wolfgang Hackel reserves the right to increase the fee confirmed with the booking for reasons beyond the control of Wolfgang Hackel, if the date is more than three months after the conclusion of the contract. Such reasons are, for example, the change of possible transportation and ascent costs or the exchange rates to be applied for the realization of the tour. Changes in the program due to changes in the weather, other alpine dangers as well as weaknesses in the condition of the individual guests and other reasons are reserved for all tours. According to the valid mountain and ski guide law, the mountain guide is obligated to cancel a mountain tour if unforeseeable special circumstances occur in which the physical safety of his guests appears to be endangered. The guests can therefore not make any claims for compensation against Wolfgang Hackel from these circumstances. In this case the decision has to be based on the weakest guest and the other guests of the venture share the same fate. The principle of personal execution of the mountain guide contract is valid. In the event that the guide is prevented from carrying out his duties for important reasons (e.g. illness, death in the family, etc.), the guide is entitled to transfer his duties to a third party. The guest expressly agrees to this possibility of transfer. In such a case, the liability is limited to a possible selection fault.
12. provision of information to third parties:
Information about the names of the guests as well as the places of stay will not be given to third persons, even in urgent cases, unless the guests have expressly requested that information be given. The costs arising from the transmission of urgent messages shall be borne by the traveler.
13. Data protection and advertising:
Wolfgang Hackel is entitled to process and store personal data within the framework of the execution of the contract and purposes arising from the contract. Furthermore, when booking, the guest expressly agrees to pass on personal data to course instructors, participants and accommodation. By participating in an event, the participant agrees that videos and photos taken of him during the undertaking may be used for promotional purposes of the mountain guide, such as for the homepage, folder, etc..
14. final provisions:
Austrian law shall apply to the exclusion of the conflict of laws rules. Should individual provisions of the contract with the guest, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.