General Terms and Conditions
MT Experts
Scope, 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 guides and the guests, even if no express reference is made to them.
The mountain guide contract includes all obligations as a mountain guide to guide a guest on a specific tour. In return, he undertakes to pay the fee, unless free payment has been expressly agreed.
The requirements stated in the programs or 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 suitability of the individual guest for the planned tour, the guest undertakes to provide truthful information to the guide.
Due to the legal obligation, the mountain guide must ensure that the guests are adequately equipped and appropriate to the requirements before starting a tour. The mountain guide reserves the right to refuse to guide people who are inadequately equipped or who are 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 absolute guarantee of success can be given for achieving the planned program goals or summit. Decisions regarding the selection between several route variants, whether to continue or abort the tour, regarding the inclusion of breaks and their lengths, the decision regarding the taking and use of equipment (especially rope, crampons, crampons, ice ax, etc.) are incumbent solely to the mountain guide.
No claims for compensation can be made for tours canceled due to safety reasons (such as falling rocks and ice, avalanches, falls, changes in the weather, etc.) or due to the participant's fault.
Damages resulting from loss or repair costs for damage to the rental equipment that go beyond normal wear and tear must be reimbursed by the participant.
Due to the special responsibility for the correct implementation of the tour, the guests undertake, by concluding the mountain guide contract, to submit to the instructions of the mountain guide, which he gives in his function as the responsible and knowledgeable leader of the tour. If these are ignored by the guests, the mountain guide cannot be held responsible for any resulting consequences.
2. Conclusion of contract:
The mountain guide contract between the guest and the guide is concluded when there is agreement on the essential parts of the contract (goal/purpose of the undertaking, fee, time and number of people to be guided, etc.). The booking can be made in writing or verbally. Bookings made by telephone are legally binding. If several participants register at the same time, the person who registers is liable for paying the invoice amount. It is assumed that you are acting in your own name. Furthermore, if a mountain guide contract is concluded for the management 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 expand 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 cannot always be guaranteed.
A deposit of 50% must be paid when registering; the remaining payment will be handed over to the guide in cash on the day of the event.
3. Change in the person of the guest:
If the guest is prevented from starting the activity, he or she can transfer the contractual relationship to another person, provided that this person meets all the conditions for participation and the transfer is communicated to the respective guide within a reasonable period of time before the departure date. The transferor and the transferee are jointly and severally liable for the unpaid consideration and, if applicable, for any additional costs arising from the transfer. It is possible for the guide to reject the transfer for objectively justified reasons.
4. Minimum number of participants:
In principle, all events can only be held 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 still insists on holding the event, a new offer can be made with a recalculated price. If the guest agrees to the newly calculated price, a new contract is concluded. However, MT Experts is not obliged to re-host the event.
5. Insurance:
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 usually not covered by the responsible social insurance providers and therefore have to be paid by the affected guest themselves. It is therefore expressly recommended to take out recovery insurance.
There is generally no cancellation insurance. The guest is responsible for compliance with any passport, visa, customs, foreign exchange and health regulations at his own expense.
6. Warranty:
The guest has a warranty claim if the service is not provided or is provided inadequately. The guest agrees that instead of his claim for cancellation or price reduction, a defect-free service will be provided within a reasonable period of time, if this is possible. In order to carry out the improvement during the current mountain tour, the guest is obliged to notify the mountain guide.
If a disruption in performance is due to the guest's responsibility, 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. Compensation:
In the event of a culpable violation of an obligation arising from the contractual relationship, the mountain guide is responsible to the guests for compensation for the resulting damage 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 mountain guide is not liable in the event of minor negligence. Claims for compensation arising from lost holiday enjoyment are also excluded. Any compensation for damages is limited to the amount of liability insurance in place at the time.
Apart from legal liability, guests take part in the mountain tours at their own risk. A considerable degree of prudence is therefore required of every guest. The mountain guide cannot accept any responsibility for accidents, damage or other irregularities that arise due to the realization of alpine dangers (such as the risk of falling, altitude sickness, cold damage, risk of avalanches, falling into crevasses, falling rocks). This is expressly accepted by the guest when registering.
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 travel 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.
If the cancellation is made up to the 30th day before the start of the trip, there will be no costs for the guest.
If canceled between 29 and 7 days before the start of the trip, 50% of the costs to be paid.
If canceled between the 7th and 1st day before departure, 90% of the costs must be paid.
If you do not attend the event, 100% of the costs must be paid.
In addition, any cancellation costs from hotels or huts etc. must be borne by the participant. It is recommended to take out cancellation insurance. If the space made available by the withdrawal can be resold, there will be no costs. Changes to dates apply like cancellations and new registrations.
If a guest stays away from 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 reason caused by force majeure, 100% of the tour fee plus any expenses may be retained.
9. Withdrawal of the mountain guide before the start:
If the guide has to withdraw from the contract due to unusual and unforeseeable events over which he had no influence and the consequences of which could not have been avoided despite exercising due care, the guest must reimburse the expenses incurred to date. Such events include government orders, strikes, war or war-like conditions, natural disasters, epidemics, weather and avalanche conditions, etc. The portion of the guide fee that exceeds the reimbursement of expenses will be refunded.
10. Withdrawal by the mountain guide after the start of the trip:
The mountain guide is exempt from providing services if a guest on a tour disrupts the implementation of the tour through improper and grossly careless behavior - regardless of a warning - or endangers others.
In this case, if the guest is at fault, he or she is obliged to pay compensation to the mountain guide. In such a case, the guide fee will not be refunded.
11. Changes to the contract:
The mountain guide reserves the right to increase the fee confirmed with the booking for reasons beyond the guide's control if the date is more than three months after the conclusion of the contract. Such reasons include, for example, the change in any Btransportation and ascent costs or the exchange rates applicable for the implementation of the tour.
All tours are subject to program changes due to changes in the weather, other alpine dangers, poor fitness levels of individual guests and other things. According to the applicable mountain and ski guide law, the mountain guide is obliged to abort a mountain tour if unforeseeable special circumstances arise in which the physical safety of his guests appears to be at risk. The guests cannot therefore make any claims for compensation from the MT Experts guides due to these circumstances. The decision must be based on the weakest guest and the other guests in the company share the same fate.
The principle of personal execution of the mountain guide contract applies. In the event of an impediment due to important reasons (e.g. illness, death in the family, etc.), the mountain guide is entitled to transfer the leadership duties to a third party. The guest expressly agrees to this transfer option. In such a case, liability is limited to any fault in selection.
12. Providing information to third parties:
Information about the names of the guests and the place where they are staying will not be given to third parties, even in urgent cases, unless the guests have expressly requested that information be provided. The costs arising from the transmission of urgent messages are borne by the traveler.
13. Data protection and advertising:
The MT Experts Guides are entitled to process and store personal data as part of the contract processing and for purposes arising from the contract. Furthermore, when booking, the guest expressly agrees to pass on personal data to the course instructor, participants and accommodation. By taking part in an event, the participant agrees that videos and photos taken during the event may be used for the mountain guide's advertising purposes.
14. Final provisions:
Austrian law applies, excluding conflict of law provisions. If individual provisions of the contract with the guest, including these General Terms and Conditions, are or become invalid in whole or in part, this will not affect the validity of the remaining provisions. The completely or partially ineffective regulation will be replaced by a regulation that comes as close as possible to the economic purpose of the ineffective one.
15.Jurisdiction
Zell am See District Court
Mozartstrasse 2
A-5700 ZELL AM SEE
Official language: German