Terms of Service

Gernot Lachmaier – Alpincenter Gastein

Alpincenter Gastein is not a company of its own but an advertising platform from Gernot Lachmaier. You always book the offers directly with Gernot Lachmaier as an independent mountain guide.

1. Scope, scope of services:

Gernot Lachmaier – Alpincenter Gastein provides its services exclusively on the basis of the following general terms and conditions (GTC). These apply to all legal relationships between Gernot Lachmaier-Alpincenter Gastein 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 latter undertakes to pay the fee, unless free of charge has been expressly agreed.
The requirements specified in the programs or tour descriptions must be met by the participant. Each guest is responsible for the condition and maintenance of any equipment they may have brought with them, as well as their own state of health. In order to assess the suitability of the individual guest for the planned tour, they undertake to provide truthful information to Gernot Lachmaier-Alpincenter Gastein.

Due to the legal obligation, the mountain ski guide has to convince himself before starting a tour that the guests are adequately equipped and appropriately equipped. The mountain guide reserves the right to refuse to guide people who are inadequately equipped or who are apparently unable to cope with the difficulties of the planned undertaking. In this case there is no entitlement to a refund of the fee.

Despite the best tour planning and guidance, no unqualified guarantee of success can be given for the achievement of the planned program goals or summit. Decisions regarding the choice between several route variants, about continuation and interruption of the tour, regarding the inclusion of breaks and their lengths, the decision regarding the taking and the use of equipment (especially rope, crampons, crampons, ice ax, etc.) are incumbent on solely to the mountain guide.
No claims for compensation can be made for tours that are missed for safety reasons (such as falling rocks and ice, avalanches, falls, weather changes, etc.) or through the fault of the participant.

Damage from loss or repair costs of damage to rental equipment that goes beyond normal wear and tear must be reimbursed by the participant.

Due to the special responsibility for the correct implementation of the tour, by concluding the mountain guide contract, the guests undertake to submit to the instructions of the mountain guide, which he issues in his role as the responsible and knowledgeable leader of the tour. If these are ignored by the guests, the mountain guide cannot be held responsible for any resulting consequences.

2. Conclusion of the contract:

The mountain guide contract between the guest and the mountain guide comes into being when there is agreement on the essential parts of the contract (goal / purpose of the company, fee, time and number of people to be guided, etc.). The booking can be made in writing or orally. Telephone bookings are legally binding. If several participants register at the same time, the person making the registration is liable for paying the invoice amount. Acting in one’s own name is presumed. In addition, if a mountain guide contract is concluded for the management of a mountain tour with several people, all guests are jointly and severally liable for the fee claim.

The mountain guide reserves the right to change, limit or expand 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 route cannot always be guaranteed. A deposit of 20% must be made with the registration, the remaining payment must be received in the specified account free of any deductions and expenses no later than 14 days before the start of the tour. In exceptional cases and only with express consent by Gernot Lachmaier-Alpincenter Gastein cash payment can also be agreed on site before the start of the tour.

3. Change in the person of the guest:

If the guest is prevented from starting the company, he can transfer the contractual relationship to another person, provided that this person fulfills all the conditions for participation and the transfer Gernot Lachmaier-Alpincenter Gastein is communicated within a reasonable period of time before the departure date. The transferor and the purchaser are jointly and severally liable for the unpaid remuneration as well as any additional costs arising from the transfer. A rejection of the transfer by Gernot Lachmaier-Alpincenter Gastein is possible for objectively justified reasons.

4. Minimum number of participants:

In principle, all events can only be held if the specified minimum number of participants is reached. If this is not the case, Gernot Lachmaier-Alpincenter Gastein is entitled to withdraw from the contract up to 7 days before the start of the event. The fee already paid will be refunded in full. If the guest nevertheless insists on holding the event, a new offer with a recalculated price can be submitted. If the guest agrees to the newly calculated price, a new contract is concluded. However, Gernot Lachmaier-Alpincenter Gastein is not obliged to re-organize the event.

5. Insurance:

Gernot Lachmaier-Alpincenter Gastein has the legally required liability insurance. Any private insurance (e.g. accident insurance) in connection with 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 that are usually not covered by the responsible social security agencies and are therefore to be paid by the guest concerned himself. It is therefore expressly recommended that you take out rescue insurance.
There is basically no cancellation insurance. The guest is responsible for compliance with any passport, visa, customs, currency and health regulations at his own expense.

6. Guarantee:

The guest has a warranty claim if the service is not provided or is inadequate. The guest agrees that instead of his right to conversion or price reduction, he will be provided with a fault-free service within a reasonable period, if this is possible. In order to carry out the improvement during the ongoing mountain tour, the guest is obliged to notify the mountain guide. If a performance disorder is caused by the guest, such as a health impairment (e.g. too slow acclimatization to the altitude, poor fitness, etc.), the guest cannot derive any claims from this.

7. Compensation:

In the event of a culpable breach of an obligation arising from the contractual relationship, Gernot Lachmaier-Alpincenter Gastein is responsible for the compensation of the resulting damage to the guests if all other legal requirements are met

Responsible for personal injury, property damage and financial loss as part of the legally required liability insurance.

Gernot Lachmaier-Alpincenter Gastein is not liable in the event of slight negligence. Claims for compensation from the title of lost holiday joy are also excluded. Any compensation is limited to the amount of the liability insurance that exists at the time.

Apart from legal liability, guests take part in the mountain tours at their own risk. A considerable degree of caution is therefore required from every guest. Gernot Lachmaier-Alpincenter Gastein cannot accept any responsibility in the event of accidents, damage or other irregularities that arise due to the realization of alpine dangers (such as risk of falling, altitude sickness, cold damage, danger of avalanches, crevasses, falling rocks). This is expressly accepted by the guest when they register.

All events are prepared and held to the best of our knowledge and belief. No guarantee can be given for summit successes or the fulfillment of subjectively imagined travel destinations. 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, appropriate technical training and personal caution reduces the risk of accidents and is therefore urgently recommended to every guest.

8. Withdrawal from the contract:

The guest has the right to withdraw from the contract in writing at any time. If you cancel no later than 30 days before the start of the program, there are no costs. If you cancel at a later point in time, the following costs arise:

• Up to 15 days before the start of the tour 20% of the fee, at least € 50 processing fee
• 14. to 07. Days before tour start 50%
• 06. to 01. Days before tour start 80%
• from 24 hours before the start 100% of the respective fee.

In addition, any cancellation costs for hotels or huts etc. are to be borne by the participant. It is recommended to take out cancellation insurance. If the space vacated by the withdrawal can be resold, there are no costs. Changes to dates apply in the same way as cancellation and new registrations.
If a guest does not go to the agreed starting point of the tour or if the guest fails to set off due to negligence or a reason caused by force majeure, Gernot Lachmaier-Alpincenter Gastein can withhold 75% of the tour fee plus any expenses.

9. Resignation of the mountain guide before departure:

If Gernot Lachmaier-Alpincenter Gastein has to withdraw from the contract due to unusual and unforeseeable events over which he had no influence and the consequences of which could not have been avoided despite exercising the necessary care, the guest must reimburse the expenses incurred so far. Such events include government orders, strikes, war or war-like conditions, natural disasters, epidemics, weather and avalanche conditions, etc. The portion of the management fee that exceeds the reimbursement of expenses will be reimbursed.

10. Withdrawal on the part of Gernot Lachmaier-Alpincenter Gastein after the start of the journey:

Gernot Lachmaier-Alpincenter Gastein is released from the provision of services if a guest during a tour through improper and grossly careless behavior disturbs the implementation of the company – regardless of a warning – lastingly or endangers others.
In this case, if the guest is at fault, he is obliged to pay compensation to Gernot Lachmaier-Alpincenter Gastein. In such a case, the tour fee will not be refunded.

11. Changes to the contract:

Gernot Lachmaier-Alpincenter Gastein reserves the right to increase the fee confirmed with the booking for reasons beyond the control of Gernot Lachmaier-Alpincenter Gastein, provided that the date is more than three months after the conclusion of the contract. Such reasons are, for example, the change in any transport and climbing costs or the exchange rates to be used for the implementation of the tour.
Changes to the program due to changes in the weather, other alpine dangers as well as poor fitness levels of the individual guests and other things are reserved for all tours. According to the current mountain and ski guide law, the mountain guide is obliged to break off a mountain tour if unforeseeable special circumstances arise which appear to endanger the physical safety of his guests. Due to these circumstances, the guests cannot make any claims for compensation against Gernot Lachmaier-Alpincenter Gastein. The decision has to be based on the weakest guest and the other guests of the company share the same fate.

The principle of personal execution of the mountain guide contract applies. In the event of hindrance due to important reasons (e.g. illness, death in the family, etc.), the mountain guide is entitled to transfer the management activity to a third party. The guest expressly agrees to this transfer option. In such a case, liability is limited to any fault in selection.

12. Provision of information to third parties:
Information about the names of the guests and the cake will not be given to third parties, even in urgent cases, unless the guests have expressly requested information. The costs arising from the transmission of urgent messages are borne by the traveler.

13. Data protection and advertising:

Gernot Lachmaier-Alpincenter Gastein is entitled to process and save personal data in the context of contract processing and purposes resulting from the contract. Furthermore, when booking, the guest expressly agrees to pass on personal data to the course instructor, participants and accommodation. By participating in an event, the participant agrees that videos and photos taken by him during the company may be used for advertising purposes by Gernot Lachmaier-Alpincenter Gastein.

14. Final provisions:
Austrian law applies to the exclusion of conflict of law rules. Should individual provisions of the contract with the guest, including these general terms and conditions, be or become wholly or partially ineffective, this shall not affect the validity of the remaining provisions. The completely or partially ineffective regulation will be replaced by a regulation that comes as close as possible to the economic purpose of the ineffective one.

Jurisdiction:
District Court St. Johann im Pongau

Eurofunkstrasse 2

5600 St. Johann im Pongau

Updated: October 2015
Subject to price and program changes
Errors and omissions excepted