General Terms and Conditions

Scope of application, service content: 

 

MT Experts provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the individual mountain guides and the guests, even if no express reference is made to them.

The mountain guide contract includes the mountain guide's obligation to guide a guest on a specific tour. In return, the guide undertakes to pay the fee, unless it has been expressly agreed that the service is free of charge.

The requirements listed in the programs or tour descriptions must be met by the participant. Each guest is responsible for the condition and care of the equipment they bring with them and for their own state of health. In order to assess the suitability of the individual guest for the planned tour, the guest undertakes to provide the mountain guide with truthful information.

Due to the legal obligation, the mountain guide must ensure that the guests are adequately equipped in accordance with the requirements before starting a tour. The mountain guide reserves the right to refuse to guide persons who are inadequately equipped or obviously 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 unconditional guarantee of success can be given for reaching the planned program destination or summit. The decision to choose between several route variants, to continue or interrupt the tour, to take breaks and their length, the decision to carry and use equipment (in particular rope, crampons, crampons, ice axe etc.) is the sole responsibility of the mountain guide.

Tours not carried out for safety reasons (falling rocks and ice, avalanches, falls, changes in the weather, etc.) or through the fault of the participant do not justify any claim for compensation.

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

Due to the special responsibility for the proper execution of the tour, the guest undertakes, upon conclusion of the mountain guide contract, to follow the instructions given by the mountain guide in his function as the responsible and knowledgeable leader of the tour. If these are not followed by the guests, the mountain guide cannot be held liable for the resulting consequences.

 

 

2 Conclusion of contract:

 

The mountain guiding contract between the customer and the mountain guide is concluded when there is agreement on the essential elements of the contract (aim/purpose of the undertaking, fee, time and number of people to be guided, etc.). The booking can be made in writing or verbally. Telephone bookings are binding. If several participants book at the same time, the person who makes the booking shall be liable for payment of the invoice amount. It is assumed that they are acting in their own name. Furthermore, if a mountain guide contract is concluded for the guiding 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, 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 itinerary cannot always be guaranteed.

A deposit of 50% is due upon registration, the remaining amount is to be paid in cash to the MT Experts Guide on the day of the event.

 

 

3. change in the person of the guest:

 

 

If the guest is unable to start the tour, he/she may transfer the contractual relationship to another person, provided that this person fulfills all participation requirements and the transfer is communicated to the respective tour guide in good time before the departure date. The transferor and the transferee shall be jointly and severally liable for any unpaid remuneration and for any additional costs incurred as a result of the transfer. The guide may refuse the transfer for objectively justified reasons.

 

4. minimum number of participants:

 

 In principle, all events can only be carried out if the specified minimum number of participants is reached. If this is not the case, the guide 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 the event taking place, a new offer with a recalculated price can be submitted. If the guest agrees to the recalculated price, a new contract is concluded. However, MT Experts is under no obligation to hold the event again.

 

 

5. insurances:

 

The mountain and ski guide 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, which are generally not covered by the relevant social insurance institutions and must therefore be borne by the guest concerned. It is therefore strongly recommended that you take out rescue cost insurance.

There is generally no travel cancellation insurance. Guests are responsible for complying with any passport, visa, customs, foreign exchange and health regulations at their own expense.

 

 

6 Warranty:

 

The guest is entitled to a warranty claim in the event of non-performance or defective performance. The guest agrees that instead of his claim for redhibitory action or price reduction, a defect-free service will be provided within a reasonable period of time, insofar as this is possible. In any case, the guest is obliged to notify the mountain guide in order to carry out the improvement during the ongoing mountain tour.

If a service disruption is attributable to the guest, e.g. a health impairment (e.g. too slow acclimatization to the altitude, lack of fitness, etc.), the guest cannot derive any claims from this.

 

 

7. compensation for damages:

 

In the event of culpable breach of an obligation arising from the contractual relationship, the mountain guide shall be liable to the guest for the resulting damage within the scope of the legally prescribed liability insurance for personal injury, property damage and financial loss if the other legal requirements are met. 

The mountain guide is not liable for slight negligence. Claims for damages due to loss of vacation enjoyment are also excluded. Any compensation for damages shall be limited to the amount of liability insurance cover in force at the time. 

Apart from statutory liability, guests take part in mountain tours at their own risk. A high degree of caution is therefore expected from every guest. The mountain guide cannot accept any liability for accidents, damage or other irregularities resulting from the realization of alpine dangers (e.g. danger of falling, altitude sickness, cold damage, avalanche danger, crevasse fall, rockfall). The guest expressly acknowledges this with his registration. 

All events are prepared and carried out to the best of our knowledge and belief. No guarantee can be given for summit successes or the achievement of subjectively imagined tour goals. It is in the nature of the event that a certain residual risk and uncertainty remains for the guest. Adequate tour preparation through endurance sports, appropriate technical training and personal prudence reduces the risk of accidents and is therefore strongly recommended to every guest.

 

8 Withdrawal from the contract: 

 

The guest may withdraw from the contract in writing at any time.

In the event of withdrawal up to the 30th day before the start of the trip, the guest will not incur any costs.

In the event of withdrawal between the 29th and 7th day before the start of the tour, 50% of the tour price must be paid.

Cancellations between the 7th and the 1st day before the start of the trip will incur 90% of the costs.

In the event of a no-show, 100% of the costs are payable.

 

Possible cancellation costs for hotels, huts, etc. shall be borne by the participant. We recommend that you take out travel cancellation insurance. If the place made available by the withdrawal can be resold, no costs will be incurred. Changes of dates are treated in the same way as cancelations and new registrations.

If the guest does not appear at the agreed departure point of the tour or does not start the tour due to the fault of the guest or for reasons of force majeure, 100% of the tour fee plus any expenses may be retained.

 

9. withdrawal of the mountain guide before departure: 

 

If the guide has to withdraw from the contract due to unusual and unforeseeable events over which he has no influence and the consequences of which could not have been avoided despite exercising due care, the guest must reimburse the costs incurred up to that point. Such events are, for example, sovereign orders, strikes, war or warlike conditions, natural disasters, epidemics, weather and avalanche conditions, etc. The part of the management fee that exceeds the reimbursement of expenses shall be reimbursed.

 

 

10. withdrawal by the mountain guide after the start of the trip:

 

The mountain guide is exempt from providing the service if a guest disrupts the performance of the tour or endangers others as a result of improper or grossly negligent behavior during a guided tour, regardless of a warning.

In this case, the guest is liable to pay compensation to the mountain guide if he/she is at fault. The guide's fee will not be refunded in this case.

 

 

11. Changes to the contract: 

 

The mountain guide reserves the right to increase the fee confirmed with the booking for reasons for which he is not responsible, provided the date is more than three months after conclusion of the contract. Such reasons include, for example, a change in transportation costs or the exchange rate applicable to the tour.

All tours are subject to program changes due to weather changes, other alpine dangers as well as fitness weaknesses of individual guests and the like. According to the applicable mountain and ski guide law, the mountain guide is obliged to cancel a mountain tour if unforeseeable special circumstances arise which appear to endanger the physical safety of his guests. The guests can therefore not assert any claims for damages against the mountain guides of MT Experts due to these circumstances. In this case, the decision is to be made in favor of the weakest guest, with the other guests of the company sharing the same fate.

The principle of personal fulfillment of the mountain guide contract applies. In the event of an impediment for an important reason (e.g. illness, death in the family, etc.), the mountain guide is entitled to transfer the guiding activity to a third party. The guest expressly agrees to this transfer option. In this case, liability is limited to any fault in selection.

 

 

12. provision of information to third parties: 

 

Information about the names of guests and their whereabouts will not be provided to third parties, even in urgent cases, unless the guests have expressly requested this. Costs arising from the transmission of urgent messages shall be borne by the traveler.

 

 

13 Data protection and advertising: 

 

MT Experts Guides is entitled to process and store personal data within the framework of contract processing and the purposes arising from the contract. In addition, the guest expressly agrees at the time of booking that personal data may be passed on to course instructors, participants and accommodation. By participating in an event, the participant agrees that videos and photos taken of him/her during the event may be used for the mountain guide's advertising purposes.

 

 

14 Final provisions: 

 

Austrian law shall apply to the exclusion of the conflict of law rules. Should individual provisions of the contract with the guest, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.

 

15. place of jurisdiction

 

District court Zell am See

Mozartstrasse 2

A-5700 ZELL AM SEE

Official language: German