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Legal Notice

Terms and Conditions

PREAMBLE

These “Terms and Conditions” form an integral part of contracts for work and service and of offers that concern the provision of professional consulting services to clients by SKI DOME Oberschneider GmbH in accordance with generally recognized professional principles.

(1) Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. (2) SKI DOME Oberschneider GmbH is entitled to have the consulting assignment carried out by qualified employees or by commercial/freelance cooperation partners. (3) The client (CL) shall ensure that SKI DOME Oberschneider GmbH, even without specific request, is provided in due time with all documents necessary for the fulfillment and execution of the consulting assignment and is informed of all processes and circumstances that are relevant to the execution of the assignment. This also applies to all documents, processes, and circumstances that become known only during the consultants’ activities. (4) The relationship of trust between the client and SKI DOME Oberschneider GmbH requires that SKI DOME Oberschneider GmbH be fully informed about any consulting services previously carried out and/or currently ongoing.

Skischule Kaprun

Owner and responsible for the content

Ski Dome Oberschneider GmbH Kaprun
Managing Directors: Hermann & Claudia Oberschneider
Commercial Register Court: Salzburg
Supervisory Authority: District Authority Zell am See

VAT ID: ATU 57435127
Chamber of Commerce: Salzburg Chamber of Commerce
Bank: Volksbank Saalfelden
IBAN: AT67 4501 0000 6010 1763
BIC: VBOEATWWSAL

§ 1 SCOPE OF APPLICATION
These Terms and Conditions apply upon order confirmation by the client (CL).

§ 2 SCOPE OF THE CONSULTING ENGAGEMENT
The scope of the consulting engagement shall be agreed by means of an offer and acceptance.

§ 3 SAFEGUARDING INDEPENDENCE
(1) The contracting parties mutually undertake to take all measures suitable to prevent any impairment of the independence of the cooperation partners and employees of SKI DOME Oberschneider GmbH.

§ 4 PROTECTION OF THE INTELLECTUAL PROPERTY OF SKI DOME OBERSCHNEIDER GMBH / COPYRIGHT / USE
(1) The client is obliged to ensure that all offers, reports, analyses, expert opinions, service descriptions, drafts, calculations, drawings, data carriers and similar materials prepared in the course of the consulting engagement by SKI DOME Oberschneider GmbH, its employees and cooperation partners are used solely for the purposes of the engagement. In particular, any paid or unpaid disclosure of professional statements of any kind by SKI DOME Oberschneider GmbH to third parties requires its prior written consent. No liability of SKI DOME Oberschneider GmbH towards third parties shall be established thereby.

(2) The use of professional statements by SKI DOME Oberschneider GmbH for advertising purposes by the client is not permitted. Any breach entitles SKI DOME Oberschneider GmbH to terminate all engagements not yet performed with immediate effect.

(3) SKI DOME Oberschneider GmbH retains copyright in its services and deliverables.

(4) As the consulting services provided constitute intellectual property of SKI DOME Oberschneider GmbH, the right of use—also after payment of the fee—shall be limited exclusively to the client’s own purposes and only to the extent specified in the contract. Any further disclosure, including in the course of dissolution of the company or insolvency, as well as temporary transfer for reproduction purposes, may give rise to claims for damages.

§ 5 REMEDY OF DEFECTS AND WARRANTY
The statutory provisions shall apply.

§ 6 LIABILITY
(1) SKI DOME Oberschneider GmbH and its employees perform the consulting services in accordance with generally recognized professional principles. SKI DOME Oberschneider GmbH assumes no liability for the timeliness, accuracy, completeness or quality of information provided by the client and for any opinions, analyses, reports, etc. based thereon.

§ 7 CONFIDENTIALITY OBLIGATION
(1) SKI DOME Oberschneider GmbH and its employees undertake to maintain confidentiality regarding all matters that become known to them in connection with their activities for the client.

(2) SKI DOME Oberschneider GmbH may provide reports, expert opinions and other written statements on the results of its activities only with the client’s consent.

(3) SKI DOME Oberschneider GmbH is entitled to process personal data entrusted to it within the purpose of the consulting engagement or to have such data processed by third parties. SKI DOME Oberschneider GmbH ensures confidentiality of data in accordance with the provisions of applicable data protection law.

§ 8 FEE ENTITLEMENT
(1) In consideration for providing its consulting services, SKI DOME Oberschneider GmbH is entitled to payment of an appropriate fee by the client.

(2) If execution of the engagement is prevented after acceptance of the offer by the client (e.g., due to termination), SKI DOME Oberschneider GmbH shall nevertheless be entitled to the agreed fee.

(3) If execution of the engagement is omitted due to circumstances on the part of SKI DOME Oberschneider GmbH constituting an important reason, it shall be entitled only to the portion of the fee corresponding to the services performed to date. This applies in particular if, despite termination, the client can still make use of the services performed.

(4) SKI DOME Oberschneider GmbH may make completion of its services dependent on full satisfaction of its fee claims. Objections to the work performed by SKI DOME Oberschneider GmbH do not entitle the client—except in the case of obvious defects—to withhold payments due.

§ 9 APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION
(1) Unless otherwise agreed, Austrian law shall apply exclusively to the engagement, its execution and any claims arising therefrom.

(2) The place of performance is the location of the principal place of business of SKI DOME Oberschneider GmbH.

(3) The court having jurisdiction at the principal place of business of SKI DOME Oberschneider GmbH shall have jurisdiction for any disputes.

CONTENT OF THE ONLINE OFFERING
The ski school / ski rental (hereinafter referred to as the “Author”) assumes no liability for the timeliness, accuracy, completeness or quality of the information provided. Liability claims against the Author relating to material or immaterial damages caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are generally excluded, unless the Author is proven to have acted with intent or gross negligence.

All offers are subject to change and non-binding. The Author expressly reserves the right to change, supplement or delete parts of the pages or the entire offering without separate notice, or to discontinue publication temporarily or permanently.

CANCELLATION POLICY
We ask for your understanding that, in the event of cancellation, we must charge a processing fee of €25.00. Please send us an email with your name and IBAN number to  [email protected].

If you cancel more than 30 days before the start, we can refund the total amount minus the processing fee. If you cancel less than 30 days before the start, only part of the total amount can be refunded. The following conditions apply:

30 – 15 days before start …………… 50% refund
14 – 08 days before start …………… 30% refund
07 – 00 days before start …………… 10% refund

If you have to cancel for health reasons, we kindly ask you to provide a medical certificate so that we can refund the total amount minus the processing fee.

PRICES & PRICE LISTS
“All price information and price lists of Ski Dome Oberschneider GmbH—price lists on the internet, in brochures, advertisements or other information, or online price inquiries—are provided without guarantee and are non-binding for Ski Dome Oberschneider GmbH. … Ski Dome Oberschneider GmbH reserves the right to make changes at any time.”

REFERENCES AND LINKS
In the case of direct or indirect references to external websites (“links”) that are outside the Author’s area of responsibility, liability would only arise if the Author had knowledge of the content and it were technically possible and reasonable to prevent use in the event of unlawful content.

The Author hereby expressly declares that, at the time the links were created, no illegal content was apparent on the linked pages. The Author has no influence on the current and future design, content or authorship of the linked/connected pages. Therefore, the Author expressly distances itself from all content of all linked/connected pages that was changed after the link was created. This applies to all links and references set within the Author’s own internet offering as well as to third-party entries in guest books, discussion forums and mailing lists set up by the Author.

For illegal, incorrect or incomplete content and in particular for damages arising from the use or non-use of such information, only the provider of the page to which reference is made shall be liable, not the party that merely refers to the respective publication via links.

COPYRIGHT AND TRADEMARK LAW
The Author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by the Author itself, or to make use of license-free graphics, sound documents, video sequences and texts.

All brands and trademarks mentioned within the online offering and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights.

The copyright for published objects created by the Author remains solely with the Author of the pages. Any reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the Author’s express consent.