AGB
1. Scope
For the business relationship between
Andreas Penz
Nassereinerstraße 53
6580 St. Anton am Arlberg
Austria
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(hereinafter referred to as “Provider”) and the Customer (hereinafter referred to as “Participant”) are exclusively subject to the following general terms and conditions in the version valid at the time of the order.
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If you have any questions, complaints or objections, please contact me on working days by email at
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Deviating conditions of the participant will not be recognized unless the provider expressly agrees to their validity in writing.
2 performance
For the exact course content and services, please refer to the course description on the website
www.survival-arlberg.com. The provider has the right to change the content for safety reasons (e.g. bad weather, obstacles, restrictions by participants, etc.).
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Changes to the program due to weather conditions or other short-term circumstances are possible. In this case, the participant is not entitled to a refund.
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Services not included are travel to and from courses. Participants must organize this themselves.
The events take place outdoors in nature. If necessary, you may also spend the night outdoors. Even for courses lasting several days, there is no fixed accommodation. Participants sleep in tents or makeshift shelters outdoors.
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The provider plans the event carefully and conscientiously. However, risks cannot be completely ruled out.
3 Registration
Registration to take part in a course takes place via the website. The participant selects the course, date and any additional services. When the order is placed, a request is sent to the provider.
The provider then sends the participant a confirmation of receipt by email, in which the participant's order is listed again and which the participant can print out using the "Print" function (order confirmation). The confirmation of receipt merely documents that the participant's order has been received by the provider and does not constitute acceptance of the application.
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The purchase contract is only concluded when the provider has confirmed the participant's participation in the course with a second email, express order confirmation or sending of the invoice.
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If the provider allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the provider within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the provider will withdraw from the contract, with the result that the order is no longer valid and the provider is not obliged to fulfill the order. The order is then completed for the provider and participant without any further consequences. A reservation for participation in the course with advance payments is therefore made for a maximum of 10 calendar days.
4 minimum participants
The minimum number of participants is 1 person. If the event is cancelled by the provider due to insufficient number of participants, the participant has the option:
a) to claim back the course fee
b) to choose another date
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Cancellation due to insufficient number of participants by the provider must be made at least 5 days before the event date.
The provider also offers individual training sessions and group events for which individual numbers of participants can be agreed upon.
5 Disclaimer
The participant takes part at his/her own risk. The participant assures that he/she is mentally, healthily and physically able to take part in the event. The participant takes part in the event voluntarily and can refuse to take part in the event activities without giving reasons.
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Dogs are not allowed on this course.
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The provider assumes no liability for damages of any kind, consequential damages or damages to third parties. The provider also assumes no liability for damages caused by force majeure.
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The provider’s liability for damages and claims, regardless of the legal basis, is limited to gross negligence and intent.
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The provider assures that all necessary precautions will be taken to prevent accidents.
The participant assures that he will strictly follow the instructions of the provider.
6 Exclusion from the event
For the safety of all participants, the provider may, under certain circumstances, refuse to allow participants to take part in the course or exclude them from further participation. Examples of this are if:
a) the safety instructions of the course instructor(s) are not followed
b) the participant consumes alcohol or drugs or is under the influence of alcohol or drugs
c) the participant is impaired by taking medication
d) the participant does not meet the physical, psychological and health requirements necessary for the event.
7 Cancellation of the event
The provider is entitled to cancel the event for safety reasons.
The provider has the option of holding the event at a different time. If the participant is unable to attend any other date, the course fee will be charged as a percentage of the course time already completed. However, the provider is entitled to at least 30% of the course fee.
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Example: If the event has to be cancelled after 60% of the time for safety reasons, the provider is entitled to 60% of the course fee. Course fees already paid will be refunded pro rata.
8 Changes to the course schedule
The provider has the right to change the course of an event that is already underway for safety reasons. In this case, the participant is not entitled to a refund.
Reasons for this include sudden changes in the weather, damage to roads, etc.
9 Prohibitions when taking a course
a) Alcohol and drugs are generally prohibited
b) Removing from the group is prohibited
10 Mandatory information from the participant
The participant must provide their full name, address and age when registering. Relevant illnesses and medication intake must also be reported by email to
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The provider has the right to exclude registered participants from the event for safety reasons. In this case, any course fees already paid will be refunded to the participant.
Injuries and damages that occur or are caused during the course must be reported immediately to the provider or course instructor.
11 Right of withdrawal or revocation in the case of distance selling
The participant (as a consumer within the meaning of the Consumer Protection Act) can withdraw from an order via the website within a period of 14 days from ordering the course. To comply with the withdrawal period, it is sufficient to send the withdrawal or the item in good time. The withdrawal must be sent to:
Andreas Penz
Nassereinerstraße 53
6580 St. Anton am Arlberg
Austria
Email address: survival-arlberg@gmx.at
By placing an order, the participant confirms that he expressly requests that the service be started before the expiry of the withdrawal period. This means that the right of withdrawal generally exists, but does not apply if the service has been fully provided (Section 18 Paragraph 1 Item 1 and Item 11 FAGG).
12 Cancellation Policy
If no withdrawal is made within the scope of the right of withdrawal or its deadlines have expired, the following regulations for the cancellation of participation are deemed to be agreed:
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Cancellations can be made up to 30 days before the start of the course with a cancellation fee of 50%.
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After that, a cancellation fee of 70% is due.
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In case of no-show the cancellation fee is 100%.
Cancellation free of charge is only possible if the participant provides a replacement participant.
13 Subject to change
Price and program changes as well as corrections of printing errors are reserved.
14 vouchers
Retention of title for vouchers. In principle, vouchers are only sent with advance payment. If the provider nevertheless makes an advance payment, the voucher code on the voucher is only valid after payment has been made.
15 Final Provisions
The participant may only transfer rights and obligations arising from the contractual relationship with the provider to a third party with the prior written consent of the provider.
The contractual relationship between the provider and the participant is subject to the law of the Republic of Austria. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The place of jurisdiction is Landeck, Austria.
For consumers under the Consumer Protection Act, the place of jurisdiction is pursuant to Section 104 JN.
16 Severability Clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.