Terms and Conditions

The mountain guide provides their services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the mountain guide and the clients, even if no explicit reference is made to them. The mountain guide contract covers all obligations of the mountain guide when guiding a guest on a specific tour. In return, the guest is obliged to pay the fee, unless it has been explicitly agreed that the service is provided free of charge. The requirements specified in the programmes or tour descriptions must be met by the participant. Each guest is personally responsible for the condition and maintenance of any equipment they bring themselves, as well as for their own state of health. In order to assess the suitability of the individual guest for the planned tour, the guest is obliged to provide truthful information to the mountain guide. Due to legal obligations, the mountain guide must ensure, prior to the start of a tour, that the guests are adequately equipped and that their equipment meets the requirements. The mountain guide reserves the right to refuse to guide persons who are inadequately equipped or who are clearly unable to cope with the difficulties of the planned undertaking. In this case, there is no entitlement to a refund of the fee. Decisions regarding the choice between several route options, whether to continue or abandon the tour, the scheduling of breaks and their duration, and the decision regarding the carrying and use of equipment (particularly ropes, crampons, ice axes, etc.) rest solely with the mountain guide. No claims for compensation may be made for tours that are cancelled for safety reasons (such as rockfall, icefall, avalanches, falls, sudden changes in weather, etc.) or due to the participant's fault. The participant is liable for any damage resulting from loss or repair costs for damage to rented or borrowed equipment that exceeds normal wear and tear. By agreeing to the terms of the mountain guide contract, guests agree to abide by the instructions given by the mountain guide in his capacity as the responsible and qualified leader of the tour. Should guests disregard these instructions, the mountain guide cannot be held responsible for any consequences resulting therefrom.

The mountain guide contract between the guest and the mountain guide is concluded when there is agreement on the essential terms of the contract (aim/purpose of the tour, fee, date and number of people to be guided, etc.). Bookings may be made in writing by email, via the booking platform on the website "www.innsbrucker-bergfuehrer.at", or verbally in the presence of both parties, as well as by telephone. Telephone bookings are legally binding. Where several participants register at the same time, the person making the registration is liable for payment of the invoice amount. It is assumed that the booking is made in one's own name. Furthermore, upon concluding a mountain guide contract for the guiding of a mountain tour involving several people, all guests are jointly and severally liable for the fee. The mountain guide reserves the right to change, restrict or extend the training and tour program at any time due to unforeseeable circumstances. Due to dependence on weather conditions or other unforeseeable circumstances, the originally planned tour route cannot always be guaranteed.

Following registration (booking), the guest will receive an invoice. The full amount stated on this invoice must be paid into the account specified on the invoice within 7 days of receipt, but in any case before the start of the event (start of the tour), free of any deductions or charges. In exceptional cases, and only with the express consent of the mountain guide, payment in cash on site before the start of the tour may be agreed. For events taking place more than 30 days in the future, a deposit of 10% must be paid upon registration (unless the full amount is paid immediately); the balance must be paid into the specified account, free of deductions and charges, no later than 30 days before the start of the tour. If the booking is made within 30 days of the start of the planned tour, 100% of the fee must be paid upon registration. Payment may be made using the payment methods provided by the mountain guide (bank transfer, credit card, PayPal, etc.). In exceptional cases and only with the express consent of the mountain guide, cash payment on site prior to the start of the tour may also be agreed.

If the guest is unable to take part in the tour, they may transfer the contractual relationship to another person, provided that the latter fulfils all conditions for participation and the transfer is notified to the mountain guide within a reasonable period prior to the departure date. The transferor and the transferee shall be jointly and severally liable for any outstanding fees and, where applicable, for any additional costs arising from the transfer. The mountain guide may refuse the transfer on objectively justified grounds.

In principle, all events can only take place if the specified minimum number of participants is reached. If this is not the case, the mountain guide is entitled to withdraw from the contract up to 2 days before the start of the event for one-day events, and up to 7 days before the start of the event for multi-day events. Any fees already paid will be refunded in full. If the guest nevertheless insists on the event going ahead, a new offer with a recalculated price may be submitted. Provided the guest agrees to the recalculated price, a new contract is concluded. However, the mountain guide is under no obligation to re-run the event.

The mountain guide holds the legally required liability insurance. Any private insurance (e.g. accident insurance) relating to the planned tours must be taken out by the guests themselves. In this context, it should be noted that helicopter or mountain rescue operations can incur very high costs, which are not usually covered by the relevant social security providers and must therefore be paid for by the guest concerned. It is therefore strongly recommended that guests take out mountain rescue insurance. There is generally no cancellation insurance. Guests are personally responsible, at their own expense, for complying with any passport, visa, customs, foreign exchange and health regulations.

The guest is entitled to a warranty claim in the event of non-performance or defective performance. The guest agrees that, in the event of non-performance or defective performance, a defect-free service shall be provided within a reasonable period of time in lieu of their claim for rescission or a price reduction, provided this is possible. In any case, the guest is obliged to notify the mountain guide of any need for rectification during the ongoing mountain tour. If a failure to perform is attributable to the guest, such as a health impairment (e.g. too slow acclimatisation to the altitude, lack of fitness, etc.), the guest may not derive any claims from this.

In the event of a culpable breach of an obligation arising from the contractual relationship, the mountain guide shall be liable to the guests for compensation for the resulting damages, provided all other legal requirements are met, within the scope of the legally required liability insurance for personal injury, property damage and financial loss. The mountain guide shall not be liable in cases of slight negligence. Claims for compensation on the grounds of loss of holiday enjoyment are also excluded. Any compensation for damages shall be limited to the amount of liability insurance cover in force at the time. Apart from cases of statutory liability, guests take part in mountain tours at their own risk. A high degree of prudence is therefore expected of every guest. The mountain guide cannot accept any liability for accidents, damage or other incidents arising from the occurrence of alpine hazards (such as the risk of falling, altitude sickness, frostbite, avalanche risk, falling into crevasses, rockfall). This is expressly accepted by the guest upon registration. All events are prepared and conducted to the best of our knowledge and belief. No guarantee can be given regarding successful summit ascents or the fulfilment of subjectively envisaged objectives. It is in the nature of the event that a certain residual risk and uncertainty remain for the guest. Appropriate tour preparation through endurance sports, relevant technical training and personal prudence reduces the risk of accidents and is therefore strongly recommended to every guest.

The guest has the right to withdraw from the contract in writing at any time. The following costs apply in the event of cancellation: • Up to 30 days before the start of the tour: 10% of the fee, but at least a €50 administration fee • 29 to 15 days before the start of the tour: 50% • 14 to 8 days before the start of the tour: 80% • within 7 days prior to the start of the tour and in the event of a no-show: 100% of the respective fee In addition, any cancellation costs incurred by hotels, huts, etc. must be borne by the participant. It is recommended that you take out cancellation insurance. If the place vacated by the cancellation can be resold, no costs will be incurred. Changes to dates are treated as cancellations and new bookings. Should a guest fail to attend the agreed starting point of the tour, or if the start of the tour is missed due to negligence on the part of the guest or for reasons of force majeure, 100% of the guide's fee plus any expenses may be retained by the mountain guide.

If the mountain guide is obliged to withdraw from the contract due to unusual and unforeseeable events over which he had no influence and whose consequences could not have been avoided despite the exercise of due care, the guest shall reimburse the expenses incurred to date. Such events include, for example, government orders, strikes, war or war-like conditions, natural disasters, epidemics, weather and avalanche conditions, etc. The portion of the guide's fee exceeding the reimbursement of expenses shall be refunded.

The mountain guide shall be released from the obligation to provide services if, during a tour, a guest, through improper or grossly negligent behaviour, persistently disrupts the conduct of the tour – notwithstanding a warning – or endangers others. In this case, the guest shall be liable to pay compensation to the mountain guide, provided that the guest is at fault. In such a case, the guiding fee shall not be refunded.

The mountain guide reserves the right to increase the fee confirmed at the time of booking for reasons beyond the mountain guide's control, provided the date of the tour is more than three months after the contract is concluded. Such reasons include, for example, changes to any transport or climbing costs, or the exchange rates applicable to the tour. The right to make programme changes due to changes in weather, other alpine hazards, the physical condition of individual guests, and other factors is reserved for all tours. Under the applicable Mountain and Ski Guide Act, the mountain guide is obliged to abort a mountain tour if unforeseeable special circumstances arise in which the physical safety of his guests appears to be at risk. Guests may therefore not assert any claims for compensation against the mountain guide on the basis of these circumstances. In such cases, the decision must be based on the condition of the weakest guest, and the remaining guests on the tour share the same fate. The principle of personal performance of the mountain guide contract applies. In the event of being prevented from performing the service for important reasons (e.g. illness, death in the family, or similar), the mountain guide is entitled to transfer the guiding duties to a third party. The guest expressly agrees to this possibility of transfer. In such a case, liability is limited to any fault in the selection of the substitute.

Information regarding guests' names and whereabouts will not be disclosed to third parties, even in urgent cases, unless the guests have expressly requested such disclosure. Any costs incurred through the transmission of urgent messages shall be borne by the traveller.

The mountain guide is entitled to process and store personal data for the purposes of contract fulfilment and for purposes arising from the contract. Furthermore, upon booking, the guest expressly agrees to the disclosure of personal data to course leaders, participants and accommodation providers. By participating in an event, the participant agrees that videos and photos taken of them during the activity may be used for the mountain guide's advertising purposes, in particular for publication on the website www.innsbrucker-bergfuehrer.at.

Austrian law shall apply, excluding conflict of law's provisions. 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 provision that is wholly or partially invalid shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.