Terms and Conditions

§ 1 Scope

1. These General Terms and Conditions (hereinafter: “Terms”) govern the contractual relationship between mountain and ski guide Thomas Schwab (hereinafter: “the Organizer”) and the contractual partner (hereinafter: “the Customer”).
2. These Terms also apply to all future agreements, unless explicitly replaced or amended by new terms agreed in writing.
3. These Terms apply exclusively. Any terms and conditions of the Customer that deviate from or conflict with these Terms shall only apply if the Organizer has expressly accepted them in writing.

§ 2 Conclusion of Contract and Scope of Services

1. By registering or booking, the Customer commissions the Organizer to provide mountain or transport services (hereinafter: “the Event”). A contract is only formed once the Organizer confirms the order and sends the legally required booking confirmation (Section 651a(3) BGB), including a clearly defined scope of services and these Terms.
2. All events are prepared conscientiously and professionally. The Organizer undertakes to provide the agreed services but does not guarantee the achievement of specific outcomes (e.g. reaching a summit or fulfilling personal expectations).
3. To ensure safety, the local mountain guide is entitled to modify the program at any time if weather conditions, avalanche risk, fitness levels, or other safety-related factors require it. The guide’s decision is final.

§ 3 Eligible Participants

1. Participation is open to persons who are physically and mentally fit, meet the specific requirements of the event, and bring the necessary equipment, unless otherwise provided by the Organizer.
2. The Organizer reserves the right to exclude participants before or during the event if the required conditions are not met. In such cases, the Customer is not entitled to a refund.

§ 4 Customer Conduct

1. The Customer is required to behave responsibly at all times, ensuring they do not endanger themselves or others and show consideration for fellow participants.
2. The Customer must follow all instructions given by the mountain guide in the interest of safety.
3. Customers acknowledge that participation involves inherent risks, including the possibility of serious injury or loss. These risks may arise from weather, terrain, personal health, fitness, overestimation of ability, or actions of third parties. The Organizer will make every effort to ensure safety but cannot eliminate all risks.

§ 5 Prices and Payment Terms

1. The agreed prices apply to all services.
2. Invoicing occurs after completion of the booked service. Payment is due within 7 days of receipt without deductions.

§ 6 Cancellation

1. The Customer may cancel the contract at any time prior to the event. Cancellation must be made in writing and takes effect upon receipt by the Organizer. Cancellation fees apply as follows:
2. For events in the Alps:
   
   1. 30 to 15 days before the event: 50% of the event fee
   2. 14 to 3 days before the event: 80% of the event fee
   3. From 2 days before the event: 100% of the event fee
3. The Customer retains the right to prove that actual losses were lower.

§ 7 Force Majeure

In the case of force majeure, Section 651j BGB shall apply in its current version.

§ 8 Liability

1. The Organizer’s contractual liability for damages not resulting from injury to life, body, or health is limited to three times the event fee:
   
   1. if the damage was not caused intentionally or by gross negligence, or
   2. if the Organizer is liable solely due to the fault of a service provider.
2. The Organizer’s tort liability for property damage not caused by intent or gross negligence is also limited to three times the event fee per customer and per event.
3. The Organizer is not liable for disruptions, personal injury, or property damage related to services provided by third parties, provided these services are clearly identified as third-party services in the event description and booking confirmation. Exceptions apply if:
   
   1. transport from the advertised starting point to the destination is included, or
   2. the damage is due to the Organizer’s breach of information or organizational duties.

§ 9 Exclusion of Claims

1. Claims regarding non-performance under Sections 651c–f BGB must be made to the Organizer within one month of the event’s contractual end using the contact details provided in the legal notice.
2. The deadline begins the day after the contractual end date. If the deadline falls on a weekend or public holiday, the next working day applies.
3. Claims submitted after the deadline will only be considered if the Customer was prevented from meeting the deadline through no fault of their own.

§ 10 Statute of Limitations

1. Claims based on injury to life, body, or health due to intentional or negligent breaches by the Organizer become time-barred after two years. The same applies to other damages caused by gross negligence.
2. All other claims under Sections 651c–f BGB become time-barred after one year.
3. The limitation period begins the day after the contractual end of the event. If it ends on a non-business day, the next working day applies.
4. If negotiations are ongoing about the claim, the limitation period is suspended until one party ends the negotiations. The period then resumes no earlier than three months afterward.

§ 11 Set-off and Retention

Customers may only offset claims that are undisputed or legally established.

§ 12 Written Form

1. Amendments to the contract are only valid if made by the Organizer’s management or authorized representatives. Verbal agreements are only valid if confirmed in writing.
2. Changes, additions, and terminations of this contract must be made in writing. This also applies to changes to this clause. Exceptions apply to oral agreements made immediately after contract conclusion.

§ 13 Jurisdiction, Applicable Law, Severability

1. If the Customer is a merchant, the place of jurisdiction is the Organizer’s registered office.
2. German law applies exclusively to all legal relationships.
3. If any provision of this contract is or becomes invalid, the remainder of the contract remains valid.
4. The parties agree to replace invalid provisions with valid ones that best approximate the intended purpose.