Impressum
Owner and responsible for the content of this website:
Josef Klingesberger
Obergail 10
A-9653 Liesing
Phone +43699 17220374
mail: office@hepilodge.at
Managing Director: Josef Klingesberger
VAT number: ATU 69179989
Commercial Court: Hermagor
Terms and Conditions
The General Terms and Conditions of the Austrian Hotel Industry (AGBH) apply to the hepi LODGE: terms and conditions_hepilodge
The following General Terms and Conditions (GTC) apply to the Alpine School hepi motion: terms_alpinschule_hepimotion
GENERAL TERMS AND CONDITIONS OF BUSINESS
GENERAL TERMS AND CONDITIONS of
Alpine School hepi motion
Obergail 10
9653 Liesing
Developed by the Association of Austrian Mountain and Ski Guides
1. Scope, service content:
The hepi motion Alpine School provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the hepi motion Alpine School and its guests, even if they are not expressly referred to.
The mountain guide contract encompasses all obligations as a mountain guide to guide a guest on a specific tour. In return, the guest agrees to pay the fee, unless expressly agreed otherwise.
The requirements stated in the programs and tour descriptions must be met by the participant. Each guest is responsible for the condition and maintenance of any equipment they bring with them, as well as their own health. In order to assess the individual's suitability for the planned tour, they are obligated to provide truthful information to the hepi motion Alpine School.
Due to legal requirements, the mountain guide must ensure that the guests are adequately equipped and meet the requirements before embarking on a tour. The mountain guide reserves the right to refuse to guide anyone who is inadequately equipped or who is obviously not up to the challenges of the planned activity. In this case, no refund of the fee is possible.
Despite the best tour planning and guidance, no unconditional guarantee of success can be given for reaching the planned program goal or summit. Decisions regarding the choice between multiple route options, the continuation or abort of the tour, the inclusion of breaks and their length, and the decision regarding the carrying and use of equipment (especially ropes, crampons, snowshoes, ice axes, etc.) are solely the responsibility of the mountain guide.
No compensation claims can be made for tours that are not undertaken due to safety reasons (such as rock and ice falls, avalanches, falls, sudden changes in the weather, etc.) or due to the fault of the participant.
Any loss or repair costs of damage to the rental equipment that go beyond normal wear and tear must be reimbursed by the participant.
Due to their special responsibility for the proper conduct of the tour, guests agree, upon entering into the mountain guide contract, to comply with the mountain guide's instructions, which he or she issues in his or her capacity as a responsible and competent tour leader. Should these instructions be ignored by guests, the mountain guide cannot be held liable for any resulting consequences.
2. Conclusion of contract:
The mountain guide contract between the guest and the hepi motion alpine school is concluded when there is agreement on the essential contractual components (goal/purpose of the activity, fee, timing, and number of people to be guided, etc.). Bookings can be made in writing or verbally. Telephone bookings are legally binding. If multiple participants register at the same time, the person who registers is liable for payment of the invoice amount. The booking is presumed to be acting in their own name. Furthermore, when concluding a mountain guide contract for leading a mountain tour with several people, all guests are jointly and severally liable for the fee.
The mountain guide reserves the right to modify, restrict, or expand the training and tour program at any time due to unforeseeable circumstances. Due to weather conditions or other unforeseeable circumstances, the originally planned tour itinerary cannot always be guaranteed.
A deposit of €501,000 is required upon registration. The remaining payment must be received, free of charge and without deductions, into the specified account no later than 7 days before the start of the tour. In exceptional cases and only with the express consent of the hepi motion Alpine School, cash payment on site before the start of the tour can be arranged.
3. Change in the person of the guest:
If the guest is unable to undertake the activity, they may transfer the contractual relationship to another person, provided that they meet all the conditions for participation and the transfer is notified to the hepi motion Alpine School within a reasonable period of time before the departure date. The transferor and the transferee are jointly and severally liable for any outstanding fees and any additional costs incurred as a result of the transfer. The hepi motion Alpine School may refuse the transfer for objectively justified reasons.
4. Minimum number of participants:
All events can only be held if the specified minimum number of participants is reached. If this is not the case, the hepi motion Alpine School reserves the right to withdraw from the contract up to 7 days before the start of the event. Any fees 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 made. If the guest agrees to the recalculated price, a new contract is concluded. However, the hepi motion Alpine School is not obligated to hold the event again.
5. Insurance:
The mountain guide/alpine school has the legally required liability insurance. Any private insurance (e.g., accident insurance) related to the planned tours must be taken out by the guests themselves. In this context, please note that helicopter or mountain rescue operations can incur very high costs, which are generally not covered by the relevant social insurance providers and must therefore be paid by the affected guests themselves. Therefore, taking out rescue cost insurance is strongly recommended.
Cancellation insurance is generally not provided. Guests are responsible for complying with any passport, visa, customs, foreign exchange, and health regulations at their own expense.
6. Warranty:
The guest has a warranty claim in the event of non-performance or defective performance. The guest agrees that, in lieu of his right to rescission or price reduction, a defect-free service will be provided within a reasonable period of time, if possible. In any case, the guest is obligated to notify the mountain guide of any improvements during the ongoing mountain tour.
If a failure to perform is due to the guest's sphere of influence, such as a health impairment (e.g. slow acclimatization to the altitude, lack of fitness, etc.), the guest cannot derive any claims from this.
7. Damages:
In the event of a culpable breach of an obligation arising from the contractual relationship, the Alpine School hepi motion is liable to the guests for compensation for any resulting damages within the scope of the legally required liability insurance for personal injury, property damage and financial loss, provided that all other legal requirements are met.
The hepi motion Alpine School is not liable in cases of minor negligence. Claims for compensation for lost vacation enjoyment are also excluded. Any compensation is limited to the amount of the liability insurance policy in effect at the time.
Apart from statutory liability provisions, guests participate in mountain tours at their own risk. A considerable degree of caution is therefore expected from each guest. The hepi motion Alpine School cannot accept liability for accidents, damage, or other irregularities resulting from the realization of alpine hazards (such as the risk of falling, altitude sickness, cold-related injuries, avalanche danger, falling into crevasses, rockfall). Guests expressly accept this upon registration.
All events are prepared and conducted to the best of our knowledge and belief. No guarantee can be given for summit success or the fulfillment of subjectively imagined destinations. It is in the nature of the event that a certain residual risk and uncertainty remains for the guest. Appropriate tour preparation through endurance sports, appropriate technical training, and personal caution reduces the risk of accidents and is therefore strongly recommended to every guest.
8. Withdrawal from the contract:
The guest has the right to withdraw from the contract in writing at any time. Cancellations received up to 21 days before the start of the program will be free of charge. Cancellations made at a later date will incur the following charges:
- MCE_ITEM§ Up to 20 days before the start of the tour 10% of the fee, but at least 50 Euro processing fee
- MCE_ITEM§ 15 to 19 days before tour start 25%
- MCE_ITEM§ 4 to 14 days before tour start 50%
- MCE_ITEM§ up to 3 days before tour start 75%
- MCE_ITEM§ from 24 hours before the start 100 % of the respective fee.
In addition, any cancellation fees for hotels, huts, etc., are to be covered by the participant. Cancellation insurance is recommended. If the spot vacated by the cancellation can be resold, no costs will be incurred. Date changes are treated as cancellations and re-registrations.
Should a guest fail to arrive at the agreed starting point of the tour or if the departure for the tour is missed due to negligence on the part of the guest or due to a force majeure reason, 75% of the guide fee plus any expenses may be retained by the hepi motion Alpine School.
9. Withdrawal of the mountain guide before departure:
If the hepi motion Alpine School is forced to withdraw from the contract due to unusual and unforeseeable events beyond its control, and the consequences of which could not have been avoided despite exercising due care, the guest is responsible for reimbursement of any expenses incurred to date. Such events include government orders, strikes, war or warlike conditions, natural disasters, epidemics, weather and avalanche conditions, etc. The portion of the guide's fee exceeding the reimbursement of expenses will be refunded.
10. Withdrawal by the Alpine School hepi motion after the start of the trip:
The Alpine School hepi motion will be released from its obligation to provide services if a guest, during a tour, persistently disrupts the activity or endangers others through inappropriate or grossly careless behavior – despite a warning.
In this case, the guest, if at fault, is liable to the mountain guide/hepi motion Alpine School for damages. In such a case, the guide's fee will not be refunded.
11. Changes to the contract:
The hepi motion Alpine School reserves the right to increase the fee confirmed with the booking for reasons beyond its control, provided the date is more than three months after the contract is concluded. Such reasons include changes in any transportation and climbing costs, or the exchange rates applicable to the tour.
All tours are subject to program changes due to sudden changes in weather, other alpine hazards, and the physical condition of individual guests, among other factors. According to current mountain and ski guide laws, the mountain guide is obligated to abort a mountain tour if unforeseeable circumstances arise that appear to endanger the physical safety of his guests. Guests cannot therefore assert any claims for compensation against the hepi motion Alpine School for these circumstances. The decision must be based on the weakest guest, and the remaining guests of the tour share the same fate.
12. Disclosure of information to third parties:
Information about guests' names and locations will not be disclosed to third parties, even in urgent cases, unless the guests have expressly requested such information. Any costs incurred in transmitting urgent messages are borne by the traveler.
13. Data protection and advertising:
The hepi motion Alpine School is entitled to process and store personal data for the purposes of contract execution and the purposes arising from the contract. Furthermore, upon booking, the guest expressly consents to the transfer of personal data to the course instructor, participants, and accommodation. By participating in an event, the participant agrees that videos and photos taken of them during the activity may be used for promotional purposes by the mountain guide/alpine school.
14. Final provisions:
Austrian law applies, excluding its 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 invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision.
