Terms of Service

Mountain guide office / Alpinschule Neukirchen am Großvenediger

The Bergführer Büro Neukirchen acts both as an intermediary (assuming the obligation to take care of a claim for the services of others) and as an organizer (providing several tourist services for one total price).
If the Federal Law on Package Travel and Related Travel Services (Package Travel Law – PRG) applies to the services of the Bergführer Büro Neukirchen commissioned by the customer (= traveler), then the aforementioned law will be applied to a contract that comes into being. In this case, too, the following provisions of the present General Terms and Conditions (GTC) between the customer and the Bergführer Büro Neukirchen apply as agreed, provided they do not conflict with the PRG. If the contract / booking confirmation from the Bergführer Büro Neukirchen is designated as a “package travel contract”, but there is no package tour within the meaning of the PRG, the PRG will not apply to the relevant contract.

Conclusion of a contract
Registration can be made in writing, by telephone or using a form (online or printed out). A booking / a contract is only made when a booking / placement confirmation is sent in writing or by email from the Neukirchen mountain guide office.
If the traveler books for third parties (fellow travelers), he thereby confirms that he has been authorized by these third parties to obtain an offer for them, to agree the general terms and conditions for them and to conclude a package travel contract for them. The traveler who makes a booking for himself or for a third party is therefore considered to be the client and takes on analogously within the meaning of § 7 Para. 2 PRG, unless otherwise agreed, the obligations arising from the contract with the tour operator (payments, withdrawal from the contract, etc.). Only the client is entitled to withdraw from the contract.

Terms of payment
Payment of the total amount is due at the same time as the booking is made. This is the only way to guarantee a fixed appointment acceptance by the Neukirchen mountain guide office.

Personal data
The Bergführer Büro Neukirchen is entitled to save and process the personal data of the tour participants by means of electronic data processing. The data received are only collected, processed and used insofar as they are necessary for the establishment, design or change of our own and brokered business relationships.
The Bergführer Büro Neukirchen is particularly entitled to transmit this data to partners, as far as this is necessary in order to process reservation inquiries or bookings.

Withdrawal from the contract of the Bergführer Büro Neukirchen, minimum number of participants
The Bergführer Büro Neukirchen reserves the right, due to bad wind and weather conditions, a snow situation that is not suitable for the trip, the risk of avalanches and the like, in particular circumstances that are unavoidable and extraordinary and that prevent the fulfillment of the contract, immediately after these circumstances have been definitively established to withdraw from the contract by means of a declaration (verbally, by telephone, in writing or in electronic form) to the customer at the latest before the beginning of the services provided by the Bergführer Büro Neukirchen. In this case, the traveler receives a voucher that entitles him to visit an equivalent tour within 2 years. Minimum number of participants: The tours can only be carried out if the specified minimum number of participants is reached. If the minimum number of participants is not reached, the Neukirchen mountain guide office reserves the right to cancel the tour. In this case, the traveler receives a voucher that entitles him to visit an equivalent tour within 2 years. The Bergführer Büro Neukirchen can withdraw from the package tour contract before the start of the package tour if the notice of withdrawal from the Bergführer Büro Neukirchen is received by the customer within the period stipulated in the contract, but at the latest
a) 20 days before the start of the package tour for trips of more than six days,
b) 7 days before the start of the package tour for trips between two and six days,
c) 48 hours before the start of the package tour for trips lasting less than two days.
Since the above-mentioned circumstances are beyond the control of the Neukirchen mountain guide office, the Neukirchen mountain guide office is not liable for any frustrated expenses such as hotel and travel expenses or similar damage.

When booking, the Bergführer Büro Neukirchen recommends taking out travel cancellation insurance at the customer’s own expense.
In addition, every participant is recommended to take out luggage, liability, accident, recovery costs and foreign health insurance. If the customer takes out such insurance of any kind, there is no contractual relationship between the customer and the Bergführer Büro Neukirchen. The Bergführer Büro Neukirchen is in no way liable for claims of the customer from and in connection with an insurance taken out by the customer.

Disclaimers of Liability
The Bergführer Büro Neukirchen is not liable for performance disruptions caused by wind and weather, snow conditions, avalanche danger, failure of lifts or other influences outside of its sphere of influence. Likewise, no liability is assumed for the risk of injury, which is always given due to the nature of the trips and programs covered by the contract. Each participant accepts this risk when concluding the contract and irrevocably agrees to follow the instructions and guidelines of the tour and tour guides unconditionally and precisely. The participants also acknowledge that even if the instructions and guidelines are followed exactly and despite the most careful travel and tour planning, the risk of injury can never be completely ruled out.
In addition, the Bergführer Büro Neukirchen is not liable for service disruptions in connection with services that are merely brokered as external services. Liability for indirect damage of any kind or loss of profit is also excluded. Reference is also made to the disclaimer in accordance with point 5 of these terms and conditions. We are only liable for property damage for whatever legal reason in cases of willful intent or gross negligence. Liability for slight negligence is excluded.

Applicable law; Place of fulfillment; Jurisdiction
1) The law of the Republic of Austria applies exclusively to all legal relationships between the Bergführer Büro Neukirchen and the travel and program participants.
2) The place of performance for all contractual services is the market town of Neukirchen.
3) The exclusive place of jurisdiction for all legal disputes is the factually and locally competent court for A-5741 Neukirchen am Großvenediger.

Severability clause
If a provision of these terms and conditions is not legally effective or becomes invalid, this does not affect the effectiveness of the remaining provisions. In this case, as well as in the event that a loophole becomes apparent, an appropriate provision shall apply in place of the ineffective or impracticable or missing provision, which – as far as legally possible – comes closest to what the contracting parties wanted or according to the economic sense and Purpose of the agreement
if they had considered the point when entering into this agreement.

Organizer / agent
The organizer / agent is the Bergführer Büro / Alpinschule Neukirchen, Markt 90, with the postcode A-5741 Neukirchen am Großvenediger.

Management / management
Mag. Emil Widmann, state-certified mountain and ski guide

Bank details
Raiffeisenbank Oberpinzgau, AT57 3503 9000 4204 8009, BIC: RVSAAT2S039

The Neukirchen mountain guide office does not accept any liability for the content and correctness of the images provided by the accommodation companies or organizers.

Foreign terms and conditions, foreign law
If the Bergführer Büro Neukirchen acts exclusively or as an intermediary, external terms and conditions must be accepted on a regular basis. These external terms and conditions take precedence and, among other things, the withdrawal and cancellation conditions are based on them. In addition, foreign, non-Austrian law may apply and agreements on the place of jurisdiction may have been made.

No right of withdrawal in the event of program changes or cancellations
There is no change to an essential part of the contract and no frustration of the stipulated purpose or character of the travel event if the travel / tour program is due to force majeure, bad wind, weather and weather conditions, snow situation, avalanche danger and other natural forces, the fitness – and / or the state of health of travelers or similar circumstances is changed or canceled. This also applies if the travel program is due to technical requirements (such as climbing technique, skiing technique or deficiencies in equipment) or due to a lack of fitness, illness, technical overload, lack of acclimatization, etc. changed or canceled. Any additional costs incurred as a result must be borne by the customer. The customer therefore has no option to choose between changing the contract and withdrawing from the contract.

Cancellation of the contract
a) Withdrawal from package tours (except for individually offered dates / routes): If the customer withdraws, the following cancellation fees apply:
Cancellation up to 30 days before the start: free of charge
Cancellation from 29 to 22 days before the start: 10% of the travel price
Cancellation up to 21 to 7 days before the start: 50% of the travel price
Cancellation 6 to 3 days before departure: 80% of the travel price
Cancellation 2 to 0 days  (No show – no show) at the start of the trip / tour, 100% of the total price will be charged as a cancellation fee.
If a participant breaks off the trip prematurely, any costs not incurred by third parties (huts, accommodation, etc.) can be reimbursed, provided that the Bergführer Büro Neukirchen has not incurred any cancellation fees.
b) Withdrawal from individually offered dates and / or routes
If a group is offered individual dates and / or routes and if one or more group members withdraw, the price for each remaining group member does not change. Each resigning group member has to pay a cancellation fee of 80% of the travel price regardless of the time of resignation.
c) Withdrawal from day tours or day programs:
Booked day tours or day programs can be canceled free of charge up to 72 hours before the start. After that, 100% of the total price is due.
If private day programs and private day tours are canceled, 50% of the costs will be charged as a fee, regardless of the time of cancellation. For every 5 participants booked, the number of people can be reduced by one person free of charge no later than 72 hours before the start. Thereafter, 100% of the total travel price is due.
For school classes / groups (school class prices / reduced group prices) a cancellation fee of 80% of the costs applies regardless of the time of cancellation. For every 20 participants booked, the number of people can be reduced by 2 free of charge no later than 72 hours before the start. Thereafter, 100% of the total travel price is due.
Special conditions apply to hotel accommodation, holiday apartments, boat trips, bus trips, day trips, special trains and scheduled flights at special rates.
d) Special features of air travel:
If the booking also includes air travel, the amendment and addition to the other provisions stipulate that withdrawal is only possible under special conditions, which must be clarified personally in each case. Registration for air travel should be made no later than 8 weeks before the start of the event. Each traveler is responsible for compliance with the passport, visa, customs, currency and health regulations to be observed at his own expense. All disadvantages that arise from non-compliance with these regulations are at his expense, even if these regulations should have changed after the booking. If the mountain guide office in Neukirchen can, the customer will be informed of important changes to the regulations before the trip. Additional costs incurred due to force majeure that were not foreseeable when the contract was concluded (e.g. natural disasters, economic or political irregularities, strong exchange rate fluctuations, weather, flight delays caused by strikes, etc.) are not included in the travel price.
The above provisions are also applicable if the PRG (Package Travel Act) is applicable.

Mountain guide office / Alpinschule Neukirchen
Emil Widmann
Market 90
A-5741 Neukirchen am Großvenediger

Tel +43 6565 6243 / +43 660/569 98 22
E-mail: info@bergfuehrer-buero.at

Sales tax identification number (UID) – ATU 51583308
Bank details: Raiffeisenbank Oberpinzgau
AT57 3503 9000 4204 8009 BIC: RVSAAT2S039

Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution, which you can find under https://ec.europa.eu/consumers/odr Find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Status October 2022

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