SERVICES – BIKEACADEMY, SALZBURGERSTR. 15, 6380 ST. JOHN IN TYROL
1. General information on these terms and conditions
Unless expressly agreed otherwise, our terms and conditions apply to all transactions between the BIKEACADEMY and the customer. The object of the company is the operation of a Mountain bike school . This includes, in particular, services such as teaching the skills and knowledge of mountain biking (without guarantee of a specific training success) as well as guiding and accompanying mountain biking.
2. Conclusion of a contract for offers, online price inquiries and prices
Reservations for all services can be made over the Internet or by telephone. Reservations are only considered firmly booked after they have been confirmed in writing (by email) by the BIKEACADEMY. The offers of the BIKEACADEMY are non-binding. Our written order confirmation is exclusively decisive for the acceptance of the reservation and the scope of the service.
Oral or telephone side agreements are only valid if expressly confirmed in writing by the BIKEACADEMY. All prices quoted by us are in euros and, unless otherwise noted, include the statutory sales tax. Price lists are without guarantee. We are not liable for misprints.
3. Terms of payment – terms and conditions
If no other written agreements have been made, payment of the total amount must be made 5 calendar days after receipt of the written order confirmation for contracts that are concluded via the Internet, fax or other means of remote communication. The final billing takes place immediately before the start of the services.
For contracts concluded at the place of performance, the fee for the service to be performed must be paid in the BIKEACADEMY shop. In the event of default in payment by the customer, we are entitled to charge default interest in the amount of 12% annually; this does not affect claims for replacement of higher interest.
4. General conditions of participation
The contractual partner must truthfully and comprehensively inform the BIKEACADEMY about his abilities and experience in mountain biking and independently ensure that equipment is state-of-the-art and the external conditions.
He also has to inform the BIKEACADEMY comprehensively about his physical abilities, in particular his state of health and any ailments. Before the start of the lesson, the contractual partner must independently arrange for the equipment to be checked by a specialist company.
The group division for tours and technical training is carried out by the BIKEACADEMY. If the participant needs to be downgraded, the contractual partner must follow this decision. Otherwise the BIKEACADEMY is entitled to terminate the contract.
The contractual partner must follow the instructions given to him by the BIKEACADEMY. Failure to comply with a warning entitles the BIKEACADEMY to terminate the contract immediately.
Participation in services of the BIKEACADEMY under the influence of alcohol or drugs entitles the BIKEACADEMY to terminate the contract immediately. In the cases of contract termination described, the contractual partner has no right to reimbursement of the remuneration paid.
5. Liability provisions – terms and conditions
Basically, the BIKEACADEMY is only liable in accordance with the statutory provisions for damage that is directly related to the activities of the BIKEACADEMY and that were caused intentionally or through gross negligence. A corresponding liability insurance exists.
The contractual partner must immediately notify any complaints on site in one of the offices in order to remedy the situation. In the event of culpable failure to report, there is no entitlement to a reduction in payment. Claims against the BIKEACADEMY must be made in writing and justified no later than 2 weeks after they arise.
For bike reservations and private bookings, the contract can be withdrawn no later than 14 days before the start of the course without incurring a cancellation fee. If, on the other hand, the cancellation is made at a later point in time, the BIKEACADEMY is entitled to withhold the 50% deposit.
With regard to group courses and tours, reimbursement of payments already made is only possible in the event of an accident or illness, with a medical certificate from a local doctor. The amount to be refunded will be recalculated on the basis of the services actually provided for this period. This will reduce the total amount, but higher daily rates may be charged.
In the event of withdrawal during an ongoing service or failure to appear on the agreed date, no refund will be given. If the weather conditions do not guarantee the implementation of the service for safety reasons, the BIKEACADEMY reserves the right to postpone or cancel the services.
Only in the event of cancellation is BIKEACADEMY obliged to repay the pro rata fee; the contractual partner is not entitled to any further claims.
Bike camps, training and further education (e.g. Divas Bike Camp, Kids Bike Camps, Youngsters Camps, riding technique and trail camps …): When booking the event, the full amount is due within 5 working days. If you are unable to attend the booked camp, this can be canceled at any time (please in writing).
The following fees apply in the event of cancellation:
up to the 30th day before departure 50%
from the 24th day before departure 60%
from the 17th day before departure 70%
from the 10th day before departure 90%
from the 3rd day before the start of the trip until the day of the start of the trip or if the trip is not started 100% of the travel price.
8. Place of performance
6380 St. Johann in Tirol, Salzburgerstr. 15, Austria
9. Place of jurisdiction
The competent court at the headquarters of the BIKEACADEMY has exclusive jurisdiction to resolve all disputes arising from this contract.
10. Choice of law
Austrian law applies.
11. Legal Effectiveness
Should individual provisions of these terms and conditions be ineffective, this does not affect the effectiveness of the remaining provisions and that of the entire legal transaction. The ineffective condition is to be replaced by one that comes closest to it economically.