Conditions
Conditions of participation for the jackdaw's nest "Dance on Snow" competition
General Conditions of Participation
The contractual partner or the member of the association must truthfully and comprehensively explain his skills and experience in snowboarding at the beginning of the training. He has to independently provide equipment that is appropriate to the state of snowboard technology and the external conditions and is responsible for paying for it. He also has to inform the Flow on Snow association about his state of health and any ailments that impair the practice of snowboarding or that can become acute when practicing this sport. Furthermore, the snowboard club reserves the right to withdraw from a contract that may have been concluded in the event of illnesses and impairments or to offer a course only as individual training. The contractual partner or the member of the club is made aware that the snowboard club may not administer any medication or necessary food due to medical necessity. Should this be necessary and the guest is unable to do so because of his age or for other reasons, then a caregiver must be in the immediate vicinity or accompany him to the training session.
Before the start of the snowboard training, the contractual partner must independently arrange for the appropriate technical inspection of the equipment to be carried out by a specialist advice center (snowboard workshop or rental, trainer from "Flow on Snow"). The snowboard club is not liable under any circumstances for damage of any kind incurred by the contractual partner as a result of a non-professional or insufficiently carried out inspection, adjustment or maintenance of his equipment. Each contractual partner is responsible for the technical safety and freedom from defects of his equipment and must pay for any resulting damage himself. In particular, the snowboard club can prohibit the contractual partner from participating in the course with safety-endangering or defective technical equipment until the contractual partner has arranged for the defect to be remedied, without the contractual partner being entitled to a reduction in the fee for missed lessons.
The group assignment and classification according to the ability of the contractual partner at the camps is carried out by the snowboard club. Should a downgrading of a participant be necessary, the contractual partner must follow this decision. Otherwise, the "Flow on Snow" snowboard club is entitled to terminate the contract immediately, without the contractual partner acting in breach of contract being entitled to claim back the payment made.
The contractual partner must strictly and precisely follow and comply with the snowboard club's instructions. Disregarding instructions and warnings entitles the association to immediately terminate the contract. Furthermore, impairment of the contractual partner by alcohol and/or drugs entitles the snowboard club "Flow on Snow" to immediately terminate the contract. In all of these cases, the contractual partner has no right to a refund of the fee paid.
If the number of group members in the camps is reduced to fewer than three people, the ski & Snowboard schools in Tyrol and the association "Flow on Snow" have the right to reduce the lessons accordingly. The reason for this is that there is therefore more temporal attention available per person.
Liability Provisions
The contractual partner or the member of the "Flow on Snow" association is strongly recommended to take out health, accident, liability and international health insurance. According to the legal regulations, the snowboard club is only liable for damages that are connected with the activity of snowboarding and that were caused intentionally or through gross negligence. Corresponding liability insurances exist on the part of the snowboard club. In addition, the respective snowboard club "Flow on Snow" is not liable under any circumstances if the contractual partner injures his body, suffers damage or causes damage of any kind by disregarding the instructions, the snow park rules, other legal regulations or provisions of these terms and conditions.
complaints
Any reclamations and complaints must be reported personally by the contractual partner on site in order to enable rapid remedial action and to continue to be able to provide the service. If the contractual partner does not exercise his right to complain immediately, at least not by the end of the service provision, any claims for a reduction in payment can no longer be considered. Other claims against the snowboard club must be made in writing (letter orscanned, with signature) to assert and justify.
resignation
For individual training, it is possible to withdraw from the contract up to 14 days before the start of the training without incurring a cancellation fee. If, on the other hand, the cancellation occurs at a later point in time, the snowboard club is entitled to demand the agreed rate in the amount of a full daily rate or, if booking half a day or by the hour, to charge the applicable pro rata daily or hourly rate.
For group courses or camps, a refund of payments already made is only possible in the event of an accident or illness on presentation of a medical certificate. The amount to be refunded will be recalculated based on the services actually provided for that period. This reduces the total amount, but the daily rates may increase. If you fail to appear at the agreed training date or withdraw during an ongoing service, there will be no refund.
In the event of weather-related training cancellations (force majeure), the snowboard club will not reimburse the fee paid, but the club will endeavor to find an alternative date that is possible for both parties.
The course fee does not include the cost of using the lifts. All costs for the use of all ascent aids are borne by the training participant as contractual partner. The snowboard club does not provide compensation for training times lost due to failures of the cable car and lift systems.
Security
Training participants are expressly advised that helmets are compulsory for all participants during snowboard training. In addition, the course participants must be aware of the content and application of the current snow park rules and comply with them.
Jurisdiction, place of performance, choice of law
The place of fulfillment is the location of the central branch of the snowboard club "Flow on Snow". For all legal disputes arising from the contractual relationship, the local and factual court at the headquarters of the association is responsible. Austrian law applies. The contract language is German.
legal effect
Should individual provisions of these General Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions or the entire legal transaction. The ineffective provision is to be replaced by one that comes as close as possible to the ineffective provision in economic terms. Changes to these General Terms and Conditions must be made in writing.