Terms and Conditions

1. Scope of Application

The following General Terms and Conditions apply exclusively to legal transactions between the Freiluftakademie and the customer. The Freiluftakademie does not recognize any deviating terms and conditions of the customer, unless the Freiluftakademie has expressly agreed to their validity in writing.

2. Conclusion of the Contract

The Freiluftakademie offers adventure services in its own name and on its own behalf. By making a reservation or booking, the customer agrees to the Freiluftakademie’s Terms and Conditions.

3. Requirements for Participation in Tours

3.1 The customer warrants that they meet the mental and physical requirements necessary for the selected tours, as outlined on the website, in the flyer, in the detailed description, and in the Terms and Conditions.

3.2 Customers who are under the influence of alcohol, drugs, or medication are excluded from participating in the event. The same applies to persons who are unable to follow the guide’s instructions.

3.3 The customer is aware that the tours take place outdoors and are therefore subject to weather conditions. All tours are led by certified and qualified guides. The equipment complies with current safety standards. Before the start of each event, the guide will brief the customer during a safety briefing and inform them of the dangers and risks. However, residual risks cannot be entirely ruled out.

4. Liability for Damages

4.1 In the event of damage, the liability of the Freiluftakademie and the persons it engages is limited to cases of intent or gross negligence, regardless of the legal basis. Injuries and damage, including damage to equipment provided by the Freiluftakademie, must be reported immediately. The Freiluftakademie excludes all liability for damages incurred by the customer during activities that go beyond the scope of the booked tour.

4.2. The customer warrants that they have taken out appropriate mountain rescue insurance to cover any damages caused by their own fault in alpine terrain.

5. Instructions and Guidelines

5.1 The customer must follow all safety instructions given by the guide and the employees of the Freiluftakademie.

5.2 The lead guide is entitled to exclude customers who violate or ignore these Terms and Conditions or other instructions or guidelines from the event or to cancel the event, in which case the customer has no claim to a refund of the event price. The guide is also entitled to modify, expand, or restrict the event program due to unforeseen circumstances that could particularly compromise the customer’s safety (including the customer’s lack of fitness). The Freiluftakademie is entitled to withdraw from the contract under the aforementioned circumstances.

5.3 Furthermore, if the customer feels overwhelmed during an event, they are obligated to inform their guide immediately.

6. Withdrawal from the Contract

6.1 If the event is significantly impeded, jeopardized, or compromised as a result of force majeure that could not have been foreseen at the time the contract was concluded, or if the customer’s safety can no longer be guaranteed, either the customer or the Freiluftakademie may withdraw from the contract after considering the possibility of rescheduling. In this case, the customer will be refunded the amount paid. No further claims may be made.

6.2 If a customer is unable to participate in an event due to a misjudgment of their own capabilities, they are not entitled to withdraw from the contract. In this case, the customer has no claim to a refund of the event price.

6.3 A reservation may be canceled free of charge seven days prior to the start of the booked activity. For cancellations made within seven days, 50% of the cost for the respective event is due. For cancellations made less than 24 hours before the start of the tour, the full amount must be paid. This amount must be transferred to the following account (IBAN: AT02 3636 0000 0022 3172; BIC: RZTIAT 22360)

6.4 A cancellation refund will only be issued upon presentation of a medical certificate for each individual.

6.5. Disruptions to services caused by weather, cable car outages, or other factors beyond the control of the Freiluftakademie are not subject to recourse.

6.6. If the customer fails to show up for the booked or reserved tour, or does not arrive on time, the customer has no further claim to a replacement event.

7. Photographs and Video Recordings

The Customer hereby grants Freiluftakademie irrevocable permission to take photographs, make video recordings, etc., during the event in which the Customer is visible, and to use such materials indefinitely, in particular for advertising and marketing purposes, in any form.

8. Jurisdiction, Place of Performance, and Governing Law

The place of performance is the location of the Freiluftakademie’s main office. Any disputes shall be subject to the jurisdiction of the court with jurisdiction over the location of the Freiluftakademie’s main office. Austrian law applies. The language of the contract is German.

9. Severability Clause

If any provision of these Terms and Conditions is or becomes invalid, void, or unenforceable, all other provisions of the Terms and Conditions shall remain in full force and effect. With respect to the invalid provision, the parties agree to replace it with a valid provision that most closely reflects the intent originally pursued by the invalid provision.

10. References and Links

In the case of direct or indirect references to external websites (“links”) that are outside the author’s area of responsibility, liability would arise only if the author were aware of the content and it were technically possible and reasonable for the author to prevent access to such content in the event of illegal material.