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GENERAL TERMS AND CONDITIONS Blue Tomato
Snowboard School
(GTC- Snowboard School)
Valid as from 01.01.2009


§1. Definition of terminology and Preamble
In view of the length of the general terms and conditions in the case of references to persons both genders are not denoted. However, all terms contained in the snowboard school general terms and conditions are gender neutral and are to be understood as referring to both sexes.
Definitions of terminology used
GTC-Snowboard School: the general terms and conditions for the business operations of the snowboard school of Snowboard Dachstein Tauern GmbH
Blue Tomato: Snowboard Dachstein Tauern GmbH, Hochstraße 628, 8970 Schladming, FN:80499 g
Customers: All natural persons or legal entities who use the services of “Blue Tomato” against payment.
Preamble: From 1 January 2009 the following general terms and conditions apply exclusively to any business relationship between Blue Tomato and the customer, regardless of the means of communication used.


§2 Scope
1. The GTC- Snowboard School apply to all internet pages which make explicit reference to them, in particular on “www.snowboardschule.blue-tomato.com” as well as to all other engagements in as far as reference is made to them.
2. The period of validity of the GTC-Snowboard School is unlimited and ends with new GTC-Snowboard School coming into force.
3. The customer recognises the exclusive validity of the GTC of Blue Tomato for the entire business relationship. Any other different conditions made by the customer are not recognised by Blue Tomato, unless the management of Blue Tomato has expressly agreed in writing to their validity. Once the customer enters into a business relationship with Blue Tomato through use of the website, he recognises the GTC as the basis for the entire business relationship between the customer and Blue Tomato.


§3 Establishment of a contract
1. The presentation of products within the framework of the on-line shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking the button “send order” the customer is making a binding order for the goods contained in the shopping basket. The confirmation of the receipt occurs immediately after the sending of the order through an automatically generated e-mail and does not yet represent the acceptance of a contract. The acceptance of a contract only occurs when you receive an e-mail from us with which we confirm the order after receipt of payment. The acceptance of the contract is determined by the time of the receipt of payment and the availability of the items offered.
2. The customer has the choice of establishing the contract of purchase in either German or English.
3. If Blue tomato cannot accept the proposal of the customer or certain items in the order are no longer available, the customer is immediately informed of this.
4. In cases of mistakes in transcription, printing and calculations on the website Blue Tomato has the right to cancel the contract.
5. All offers remain valid as long as the particular courses and materials for hire are available. If Blue Tomato cannot meet the demand, Blue Tomato is equally entitled to cancel. In this case, the customer is immediately informed that the product ordered is not available. The price already paid is returned within 14 working days (Saturday not counting as a working day).
6. In the case of a cancellation by the customer or a “no show” the conditions set out under §5 apply.
7. According to EU Regulation no. 534/2013, we refer to the possibility of alternative dispute resolution and to the online dispute resolution platform http://ec.europa.eu/consumers/odr/.


§4 Service
1. Unless otherwise agreed, the service is provided at the place stated by the customer.
2. Delays in the provision of a service because of force majeure are not the responsibility of Blue Tomato. Events within the category force majeure give Blue Tomato the right to postpone the service for the period of impediment and an appropriate preparation time or to cancel the contract wholly or in part because of the remaining unfulfilled part of the contract. Strikes, natural disasters, war, blockades and other government interventions are to be regarded as force majeure.
3. We have to inform the customer immediately of the occurrence of an event in the category of force majeure which will prevent a forthcoming service being carried out.


§5 Due date, payment, delay and cancellation
1. The cost of all Blue Tomato services includes value added tax at the legal rate and is stated in euros. The prices are valid at the time of the order inclusive of turnover tax.
2. The purchase price becomes due immediately with the order.
3. The customer may pay the purchase price by credit card or advance payment. 50% of the purchase price is taken on establishment of the contract. The remaining payment takes place directly before the provision of the service at the booked school station.
4. The 50% paid at the establishment of the contract counts as a cancellation fee in the case of a justified cancellation at the right time. The cancellation has to have arrived at Blue Tomato in writing (by e-mail to info@bluetomato.com) at the latest 1 week before the planned course date. Withdrawal from the contract is only justified in the case of unusual events (e.g. injury – a doctor’s certificate has to be attached).
5. In the case of a no-show or unjustified cancellation Blue Tomato has the right to retain 100% of the sum due.
6. If the customer delays payment then Blue Tomato has the right to demand delayed payment interest at the rate of 5% above the base rate published by the Austrian National Bank. If a further loss is incurred by Blue Tomato through delayed payment, Blue Tomato has the right to assert any claims.


§6 Offsetting and retention of payments
The customer is only eligible to offset expenses if his counter claims are legally established or recognised by Blue Tomato. The customer is only entitled to exercise the right to offset in as far as his counter claim is based on the same contractual relationship.


§7 Liability and risk
1. Claims of customers against Blue Tomato, especially claims for compensation, are, as far as the law permits, not accepted. In as far as the liability of Blue Tomato is excluded or limited, this also applies to the personal liability of employees, representatives and agents of Blue Tomato.
2. Blue Tomato accepts no liability for damage and injury to customers or third parties arising from use of services or material. Every customer accepts that the sport of snowboarding involves a certain degree of risk. The customer must decide himself whether he can make use of the services offered. The customer is required to inform the course leader of any limitations due to health. In as far as the customer does not feel in a position to cope with certain exercises and rides he has to inform the course leader of this. If a customer raises no objection to participating in elements of the course it is assumed that he already possesses sufficient knowledge and capabilities.
3. The limitation on liability does not apply in as far as the cause of injury or damage is intentional or based on gross negligence or there is personal injury.
4. Blue Tomato accepts no liability for problems resulting from inevitable cancellations of and delays to any course.
5. Blue Tomato accepts no liability if the services offered on its website remain accessible without interruption or if stored data remain conserved.


§8 Links to other websites and references
The links to external pages created by Blue Tomato are only signposts to these pages; they are therefore presented by way of external links within in-house browser windows. Blue Tomato does not identify with the content of the pages which are referred to and accepts no liability for them.


§9 Duties of information
When making an order the customer is required to give truthful information. In as far as the data relating to customers change, in particular name, address, e-mail address, telephone number, the customer is required to inform Blue Tomato immediately of any such change. If the customer fails to provide this information or gives false data from the outset, in particular a false e-mail address, then Blue Tomato can withdraw from any contract, in as far as a contract has come into being.

§10 Place of jurisdiction and applicable law
1. Austrian law applies.
2. Austrian law is to be applied exclusively in all legal matters between Blue Tomato and its customers in as far as there are no compulsory legal provisions preventing this to the exclusion of its referral provisions and the UN convention on contracts.
3. For customers as defined by Article 5 of the European Convention on the Law Applicable to Contractual Obligations their compulsory national regulations for consumer protection apply unless the relevant Austrian regulations are more favourable to the consumer.
4. If the customer has no general place of jurisdiction in Austria, moves his place of residence or usual abode abroad after the establishment of the contract or his place of residence or usual abode is unknown at the time the case is brought, then Schladming is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship.
5. If the customer has his place of residence or usual abode in Austria or is employed in Austria, then for any suit against him in accordance with §§88, 89, 93 Para 2 and 104 Para 1 of the Law on Jurisdiction only the competence of the court in the district in which the place of residence, the usual place of abode or the place of employment is situated can be accepted. This is not applicable for legal disputes, which have already arisen. In the case of court proceedings resulting from the contract the compulsory regulations in relation to consumer law at the place of residence of the customer are also applicable to the contractual relationship.


§11 Severability clause
If individual stipulations of the present contract become ineffective or impractical or become ineffective after the establishment of the contract, the validity of the remaining stipulations is unaffected. The ineffective or impractical stipulation is replaced by practical and effective stipulations the effects of which come closest to the commercial intent which the parties to the contract were pursuing with the ineffective or impractical stipulation. The stipulations contained here above also apply in the case of the contract being incomplete.



 

 

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