GTC (General Terms & Conditions)
Christoph Garber · Mountain & Ski Guide
Scope, performance content:
Christoph Garber provides his services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between Christoph Garber and the guests, even if they are not expressly referred to.
The mountain guide contract includes all obligations as a mountain guide to lead a guest on a specific tour. In return, the guest is obligated to pay the fee, unless expressly agreed to be free of charge.
The requirements mentioned in the programs or tour descriptions must be fulfilled by the participant. Each guest is responsible for the condition and maintenance of any equipment brought with them, as well as their own health. The guest agrees to provide truthful information to Christoph Garber in order to assess their suitability for the planned tour.
This is a disclaimer stating that the mountain guide has a legal obligation to ensure that the guests are adequately equipped and prepared for the planned tour. The mountain guide reserves the right to refuse to guide guests who are poorly equipped or who are not capable of handling the difficulties of the planned expedition. In such cases, there is no entitlement to a refund of the fee.
The disclaimer also acknowledges that despite the best planning and guidance, there can be no guarantee of success in reaching the planned destination or summit. Decisions regarding the choice between several route options, the continuation or termination of the tour, the incorporation of breaks and their length, and the decision regarding the use of equipment (especially ropes, crampons, ice axes, etc.) are the sole responsibility of the mountain guide.
Furthermore, it states that no compensation claims can be made for tours that were cancelled due to safety reasons (such as rock and icefall, avalanches, falls, weather changes, etc.) or for tours that were not completed due to the participant's fault.
Damages resulting from loss or repair costs of damages to rental equipment that go beyond normal wear and tear must be reimbursed by the participant.
Due to the special responsibility for the proper execution of the tour, guests undertake to obey the instructions of the mountain guide, which he gives in his function as responsible and knowledgeable leader of the tour, upon conclusion of the mountain guide contract. If these are ignored by the guests, the mountain guide cannot be held responsible for any resulting consequences.
2. Conclusion of contract:
The mountain guide contract between the guest and Christoph Garber comes into effect when agreement is reached on the essential elements of the contract (purpose of the undertaking, fee, date and number of persons to be guided, etc.). The booking can be made in writing or orally. Telephone bookings are legally binding. In the case of simultaneous registration of several participants, the person who registers is liable for the payment of the invoice amount. This is presumed to be acting in one's own name. Otherwise, when a mountain guide contract is concluded for the management of a mountain tour with several persons, all guests are jointly and severally liable for the fee claim.
The mountain guide reserves the right to modify, restrict or extend the training and tour program at any time due to unforeseeable circumstances. Due to the dependence on weather conditions or other unforeseeable circumstances, the originally planned tour route cannot always be guaranteed.
A deposit of 10% is to be paid upon registration, and the remaining payment must be received on the indicated account free of deductions and charges no later than 2 days before the start of the tour. In exceptional cases and only with the express agreement of Christoph Garber, cash payment on site before the start of the tour can also be agreed.
3. Change in the Person of the Guest:
If the guest is prevented from undertaking the expedition, they may transfer the contractual relationship to another person, provided that this person meets all the conditions for participation and the transfer is notified to Christoph Garber within a reasonable period before the departure date. The transferor and the acquirer are jointly and severally liable for the outstanding fee as well as any additional costs incurred by the transfer. Christoph Garber may refuse the transfer for justifiable reasons.
4. Minimum Number of Participants:
All events can only be carried out if the specified minimum number of participants is reached. If this is not the case, Christoph Garber 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 insists on the event taking place despite the insufficient number of participants, a new offer with a newly calculated price may be made. If the guest agrees to the newly calculated price, a new contract will be concluded. However, Christoph Garber is not obliged to carry out the event again.
The mountain guide/mountaineering school has the legally required liability insurance. Any private insurance (e.g. accident insurance) related to the planned tours must be arranged by the guests themselves. It should be noted in this context that helicopter or mountain rescue missions can incur very high costs, which are not typically covered by the responsible social security institutions and therefore must be paid by the affected guest themselves. Therefore, the conclusion of a mountain rescue insurance is expressly recommended.
There is no cancellation insurance available as a rule. The guest is responsible for complying with any passport, visa, customs, foreign exchange, and health regulations at their own expense.
The guest has a guarantee claim if the service is not provided or is provided poorly. The guest agrees that, instead of their right to conversion or price reduction, a service free of defects will be provided within a reasonable period, if this is possible. In any case, during the ongoing mountain tour, the guest is obliged to inform the mountain guide of any necessary improvements.
If a service disruption is caused by the guest's sphere, such as a health impairment (e.g. slow acclimatization to altitude, lack of fitness, etc.), the guest cannot derive any claims from it.
In the event of a culpable breach of obligation arising from the contractual relationship, Christoph Garber shall be liable to guests for damages arising therefrom within the framework of the legally required liability insurance for personal, property and pecuniary damages, provided that all other legal requirements are met.
Christoph Garber shall not be liable in the event of slight negligence. Claims for compensation for loss of holiday enjoyment are also excluded. Any compensation for damages shall be limited to the amount of liability insurance coverage at that time.
Apart from the legal liability provisions, guests participate in the mountain tours at their own risk. Every guest is expected to exercise a considerable degree of caution. Christoph Garber cannot assume any responsibility for accidents, damages, or other irregularities arising from the realization of alpine hazards (such as the risk of falling, altitude sickness, cold injuries, avalanche danger, crevasse falls, rockfall). This is expressly accepted by the guest upon registration.
All events are prepared and conducted to the best of our knowledge and belief. However, we cannot guarantee summit successes or the achievement of subjectively envisioned travel goals. It is inherent in the nature of the event that a certain residual risk and uncertainty remain for the guest. Appropriate tour preparation through endurance sports, appropriate technical training, and personal caution reduces the risk of accidents and is therefore strongly recommended to every guest.
8. Cancellation of contract:
The guest has the right to cancel the contract in writing at any time. In case of cancellation up to 21 days before the start of the program, 30% of the price must be paid. Up to 5 days before the start of the tour, 75% of the fee must be paid, and in case of cancellation 5 or fewer days before the start of the tour, 100% of the offer price must be paid.
In addition, any cancellation costs of hotels or huts etc. must be borne by the participant. It is recommended to take out cancellation insurance. If the vacant place resulting from the cancellation can be resold, no costs will be incurred. Changes to the schedule are considered cancellations and new registrations.
If a guest fails to show up at the agreed starting point of the tour or if the departure on the tour is missed due to negligence on the part of the guest or due to a reason caused by force majeure, 75% of the guide fee plus any expenses may be retained.
9. Cancellation by the mountain guide prior to the start:
If Christoph Garber has to cancel the contract due to unusual and unforeseeable events over which he had no control and which could not have been avoided despite applying due care, the guest must reimburse the expenses incurred so far. Such events include, for example, government orders, strikes, war or war-like conditions, natural disasters, epidemics, weather and avalanche conditions, etc. The part of the guiding fee exceeding the reimbursement of expenses will be refunded.
10. Cancellation by Christoph Garber after the start of the trip:
Christoph Garber is released from the obligation to perform if a guest, within the scope of a tour, persistently disrupts or endangers the execution of the enterprise due to improper or grossly careless behavior, regardless of a warning.
In this case, the guest, if at fault, is liable to compensate the mountain guide/alpine school for damages. In such a case, the guiding fee will not be refunded.
11. Changes to the contract:
Christoph Garber reserves the right to increase the confirmed fee due to reasons outside of Christoph Garber's control, if the date of the tour is more than three months after the contract was signed. Such reasons may include changes in transport and ascent costs or exchange rates applicable for the tour.
Changes to the program due to weather changes, other alpine dangers, individual guests' physical condition, or other reasons are possible for all tours. According to the current mountain and ski guide law, the mountain guide is obligated to abort a mountain tour if unforeseeable exceptional circumstances occur, which endanger the physical safety of the guests. The guests, therefore, cannot make any compensation claims against Christoph Garber due to these circumstances. In this case, the decision should be based on the weakest guest, and the other guests will have the same fate.
The principle of personal execution of the mountain guide contract applies. In case of any important reasons (such as illness, death in the family, etc.), the mountain guide is authorized to transfer the leadership to a third party. The guest expressly agrees to this transfer possibility. In such a case, liability is limited to any potential errors in selecting a substitute.
12. Disclosure to Third Parties:
Information regarding the names of guests and their whereabouts will not be disclosed to third parties even in urgent cases, unless the guests have expressly requested disclosure. Any costs arising from the transmission of urgent messages will be borne by the traveler.
13. Data Protection and Advertising:
Christoph Garber is authorized to process and store personal data within the framework of contract processing and the resulting purposes of the contract. Furthermore, the guest expressly agrees to disclose personal data to course instructors, participants, and accommodation providers when booking. By participating in an event, the participant agrees that videos and photos taken of them during the activity may be used for advertising purposes by the mountain guide/alpine school.
14. Final Provisions:
Austrian law shall apply, excluding the conflict of laws rules. Should individual provisions of the contract with the guest, including these General Terms and Conditions, be wholly or partially ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision that comes as close as possible to achieving the economic purpose of the ineffective provision.
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