Allgemeine Geschäftsbedingungen

§ 1 Scope

The following General Terms and Conditions apply to the business relationship between Franz Tritscher GmbH Nfg KG, hereinafter referred to as Tritscher, and the purchaser in the version valid at the time of the order. Tritscher does not recognize any deviating conditions from the purchaser unless Tritscher has expressly agreed to their validity in writing.

§ 2 Conclusion of contract and revocation

The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. By clicking on the “Confirm order” button, the customer places a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract. Tritscher can accept the customer's order by sending an order confirmation by email or by delivering the goods within two days. Tritscher saves the contract text and sends the customer the order details by email. If Tritscher cannot accept the customer's offer or if certain products in the order are no longer available, the customer will be informed of this immediately. In the event of typographical, printing or calculation errors on the website, Tritscher is entitled to withdraw from the contract. All offers are valid while stocks last. If Tritscher's supplier does not supply Tritscher with the ordered goods despite a contractual obligation, Tritscher is also entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (Saturday does not count as a working day) or, if requested, offset against other goods. Tritscher can refuse repayment until Tritscher has received the goods back or until the customer has provided Tritscher with proof that the goods have been returned, whichever is the earlier.

The customer has a right of withdrawal within 14 working days, whereby Saturday does not count as a working day. The consumer must pay the direct costs of the return. Instructions on the requirements and consequences of the right of withdrawal are listed below:

Right of withdrawal

The customer has the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier took possession of the goods or, in the case of partial deliveries, the last goods.

In order to exercise the right of withdrawal, customers must contact Tritscher (Franz Tritscher GmbH Nfg KG, Rohrmoosstr.134, 8971 Schladming, fax: +43 (0)3687 22647- 20, email: by means of a clear declaration (e.g. with the letter sent by post, fax or e-mail) about your decision to revoke this contract. The customer can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If a customer revokes this contract, Tritscher will pay to the customer all payments Tritscher has received from him/her, including delivery costs (except for additional costs resulting from the customer choosing a different type of delivery than that offered byTritscher , has chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which notification of the cancellation of this contract was received by Tritscher. For this repayment, Tritscher uses the same payment method that the customer used in the original transaction, unless something else was expressly agreed with the customer; In no case will the customer be charged any fees for this repayment. Tritscher can refuse repayment until Tritscher has received the goods back or until the customer has provided evidence that he/she has sent the goods back, whichever is earlier.

The customer must deliver the goods(s) immediately and in any case no later than fourteen days from the day on which the customer informs Tritscher of the cancellation of this contract to Franz Tritscher GmbH Nfg KG, Salzburgerstr. 24, A- 8970 Schladming to be returned or handed over. The deadline is met if the customer sends the goods before the fourteen day period has expired.

The customer bears the direct costs of returning the goods.

The customer only has to pay for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary to check the nature, properties and functionality of the goods. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store.

The right of withdrawal does not apply to deliveries of goods that are manufactured according to customer specifications or are clearly tailored to the customer's personal needs.

§ 3 Delivery

Unless otherwise agreed, delivery takes place from the warehouse to the delivery address specified by the customer. The risk passes to the purchaser as soon as the delivery is handed over to the customer by the delivering parcel or postal service.

§ 4 Due date and payment, default

The purchase price is due immediately upon ordering. You can choose to pay in advance, direct debit (= instant transfer), credit card, PayPal or cash on delivery. If the purchaser defaults on payment, Tritscher is entitled to demand interest on arrears amounting to 4% above the base interest rate per annum announced by the German Federal Bank. If it can be proven that Tritscher has incurred higher damages due to the delay, Tritscher is entitled to claim this.

§ 5 Offsetting, retention

The customer only has the right to offset if his counterclaims have been legally established or recognized by Tritscher. In addition, he is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 6 Retention of title

The delivered goods remain the property of Tritscher until all claims against the customer have been settled in full.

§ 7 Warranty for defects and liability

If there is a defect in the purchased item for which Tritscher is responsible, Tritscher is entitled, at its own discretion, to remedy the defect or to deliver a replacement. If Tritscher is not willing or unable to remedy the defect/replacement delivery or if this is delayed beyond a reasonable period of time for reasons for which Tritscher is responsible, or if the remedy of the defect/replacement delivery fails in any other way, the purchaser is entitled, at his discretion, to To withdraw from the contract or to demand a corresponding reduction in the purchase price. Unless otherwise stated below, further claims by the purchaser, regardless of the legal reasons, are excluded. Tritscher is therefore not liable for damage that did not occur to the delivery item itself. In particular, Tritscher is not liable for lost profits or other financial losses to the customer. To the extent that Tritscher's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence. If Tritscher negligently breaches an essential contractual obligation, the obligation to pay compensation for property damage or personal injury is limited to the damage that typically occurs. The warranty period is twenty-four months, calculated from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential damage caused by defects, provided that no claims are asserted due to unlawful acts. The customer expressly acknowledges that bicycles and bindings for skis and snowboards were, if at all, only pre-assembled according to general information. No adjustments are made according to actual body weight, height, driving ability and type of use. The customer therefore acknowledges that sets with mounted bindings and bicycles are not ready to ride! The customer undertakes to carry out the settings in accordance with the applicable standards by an authorized dealer (fitter) and to have them checked on an ongoing basis!

§ 9 Applicable law and place of jurisdiction

Austrian law applies. The exclusive place of jurisdiction for all claims in connection with the business relationship is Schladming. Tritscher is also entitled to sue at the purchaser's general place of jurisdiction




Rohrmoosstraße 134, A-8971 Rohrmoos

1 Scope of the General Terms and Conditions

1.1 For business relationships between the ski school [Ski & Snowboardschule Tritscher] (hereinafter referred to as “Ski School”) and the contractual partner (hereinafter referred to as “Customer”), these General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively current version. The valid version of the General Terms and Conditions depends on the time at which the relevant offer was submitted by the customer.

1.2 The ski school provides the customer with services in the area of ski and snowboard lessons, guiding and accompanying on ski tours (as defined in Section 1 Paragraph 1 T-SSG 1995) and related activities (hereinafter referred to as “courses”). Also included are any childcare services and related services (e.g. meals for children). These General Terms and Conditions apply to all ski school services in this context.

1.3 Provisions that deviate from these General Terms and Conditions only apply if there is an express written agreement between the ski school and the customer. Conflicting terms and conditions of the customer have no effect on the business relationships listed in point 1.2.

2 Conclusion of contract

2.1 A contract can be concluded between the ski school and the customer both electronically (submitting an offer via an online form and accepting the contract by sending a confirmation email) as well as at the ski school's business premises (concluding a contract by handing over a payment receipt).

2.2 The customer's submission of a completely completed online form constitutes a legally binding offer to the ski school to conclude a contract for the services advertised by the ski school. The ski school sends an order confirmation to the customer based on such an offer. A contractual relationship between the ski school and the customer is only concluded when this order confirmation is sent.

2.3 The customer's declaration to an employee of the ski school that he wants to use the ski school's services represents a legally binding offer to the ski school to conclude a contract. A contractual relationship only comes into effect when the desired service is paid for and a payment receipt is issued between the ski school and the respective customer.

2.4 The booking confirmation and/or the payment receipt serve as proof of the use of the booked service and must be presented by the customer to the respective course instructor at the start of the course.

2.5 The ski school is not obliged to inform the customer if online bookings are rejected. If the customer's offer is not confirmed by the ski school within 2 (two) weeks of receipt, the customer's offer is deemed not to have been accepted.

3 Right of withdrawal

when concluding a contract via telephone, web form or email

3.1 The services offered are a “leisure service” within the meaning of the Distance and Away Business Act (FAGG).

3.2 According to Section 18 Paragraph 1 Item 10 FAGG, there is no right of withdrawal for leisure services.

4 Right of withdrawal

4.1 The customer is entitled to withdraw from the contract unilaterally in writing (email is sufficient) subject to the following conditions and without further obligation, in particular without obligation to pay a fee or a cancellation fee.

4.2 For private courses, withdrawal is permitted no later than 5:00 p.m. on the day before the first day of the start of the service without any further obligations on the part of the customer.

4.3 For group courses (this means that the customer has booked a group course; this does not mean bookings for groups of people) cancellation is permitted no later than 5:00 p.m. on the day before the first day of the start of the service without any further obligations on the part of the customer.

4.4 In the case of group courses, in the event of illness or accident which makes participation in the booked service impossible, withdrawal is permitted for the period from the onset of the prevention if the customer presents the ski school with a medical certificate without unnecessary delay. At the customer's discretion, the ski school either issues a credit for the pro rata fee to be paid or pays the pro rata fee back to the customer.

4.5 The decisive factor for meeting the deadline is the receipt of the letter of withdrawal by the ski school. In order to meet the respective deadline, it is necessary that the letter of withdrawal is received by the ski school no later than 24:00 before the deadline expires. Transmission errors and the like are at the customer's expense.

4.6 In all other cases, the customer is not entitled to withdraw without the express, written consent of the ski school and must pay the full fee. This applies in particular to the case of no-show or late arrival at the agreed appointment.

4.7 The ski school is entitled to withdraw from the contract at any time if the customer participates in courses under the influence of alcohol, drugs or medication, which can no longer guarantee safe participation. The same applies if the customer persistently resists the instructions of the ski school, teachers or carers (see point 9.4). The customer is not entitled to any claims in the event of such contract termination; In particular, he is also obliged to pay the full fee.

5 Impossibility of performance

5.1 If it is not possible to provide the service for safety reasons (e.g. weather conditions, risk of avalanches, etc.), the ski school is not obliged to provide the service. It is solely at the ski school's reasonable discretion to assess the impossibility of providing the service, whereby a partial impossibility - for example, no ski lessons are possible on three out of five days - does not affect the implementation of the possible part of the service.

5.2 In the event of (partial or complete) impossibility of performance in accordance with point 5.1, the ski school will refund the proportionate fee to the customer. The customer is not entitled to any further claims.

5.3 Force majeure, in particular epidemics, pandemics, official measures such as closures, other unforeseeable and unavoidable events release the ski school from its performance obligations.

5.4 In the event of (partial or complete) impossibility of performance in accordance with point 5.3, the ski school will either issue a credit note for the pro-rata fee or pay the pro-rata fee back to the customer according to the price list. The customer has the right to choose in this regard. The customer is not entitled to any further claims. Any right of withdrawal in accordance with Section 10 Paragraph 2 of the Package Travel Act remains unaffected.

6 Prices, payment methods

6.1 All information - in particular the ski school's price lists on the Internet, in brochures, advertisements or other information media - is non-binding for the ski school. The ski school reserves the right to make changes at any time.

6.2 All prices are in EURO (€) and are gross including any statutory sales tax, unless otherwise stated.

6.3 Costs for ski tickets or ski equipment are not included in the course fees. These must be purchased by the customer at their own expense and brought with them.

6.4 The ski school's claim to payment against the customer arises upon conclusion of the contract. At this point payment is due. For online bookings, however, payment is made immediately when the offer is submitted using one of the payment methods set up for online bookings. If the customer's offer is not accepted by the ski school, any amount already paid will be refunded using the same payment method as the customer used.

6.5 In the case of other booking methods, e.g. by email or directly on site, payment of the course fee can be made by bank transfer to the ski school account or in cash on site; In any case, it must be received by the ski school before the course begins. All expenses - in particular bank charges - in connection with the payment of the course booked at the ski school are borne exclusively by the customer.

6.6 The customer can only set off counterclaims that have been legally established by a court or have been expressly recognized by the ski school and in the event of the ski school's insolvency. Statutory retention rights are not affected by this point of the contract.

6.7 Late payment occurs without further notification from the ski school. In the event that the customer defaults on a payment, the ski school is entitled to charge the customer the statutory default interest and all additional costs and expenses incurred, in particular debt collection or legal fees. In the case of outstanding claims, the ski school can offset payments made by the customer against their outstanding claims, regardless of any dedication by the customer. In the event of non-payment of a claim, all other claims against the customer are also due immediately.

6.8 The place of performance for all obligations to be fulfilled by both the ski school and the customer is the location of the ski school's headquarters.

7 Service provision

7.1 In order to provide the service, the customer must arrive at the ski school's assembly point or at another location in the ski school area announced by the ski school in good time before the start of the course.

7.2 The ski school reserves the right to change the meeting point of the courses at short notice. In these cases, customers will be informed by the ski school.

7.3 The ski school reserves the right to take each customer's temperature before the start of each ski course day in compliance with data protection regulations and in the event of an elevated temperature, fever or other clear signs of infectious diseases (e.g. COVID-19).

can pose a risk to other ski course participants as well as to teachers and carers, we can exclude the customer from the lessons at our own discretion. In these cases, the customer is entitled, at his or her discretion, either to a pro-rata refund of any payment already paid or to a corresponding credit note being issued.

7.4 The ski school undertakes to only use qualified teachers or childcare personnel for the respective service.

8 Limitation of Liability

8.1 In connection with the courses offered, the ski school does not guarantee the training success of the course participants.

8.2 The ski school is not liable for damages - with the exception of personal injuries - unless the damages are due to intentional or grossly negligent behavior on the part of the ski school itself or a person attributable to it and the behavior causing the damage does not affect the main obligations arising from the concluded contract.

8.3 The ski school assumes no liability for damage that the customer inflicts on himself or other people or is inflicted on him by them during the performance of the agreed service through no fault of the ski school.

8.4 Regardless of fault, the ski school is not liable for lost profits, pure financial losses and consequential damages to the extent that these exceed three times the service fee.

8.5 The customer is advised that failure to wear a crash helmet in the event of injuries may constitute contributory negligence on the part of the customer, which is why the customer is recommended to wear a crash helmet and other safety equipment recommended for the service booked (e.g. avalanche search device when traveling in open terrain ) to be worn or, in the case of avalanche equipment, to be carried with you. Helmets and safety equipment usually reduce the risk of injury.

8.6 It is expressly stated that practicing snow sports is associated with numerous risks and, particularly on tours or descents in open terrain, there is an increased risk of injury or even death, especially from avalanches, which cannot be completely ruled out.

8.7 The customer acknowledges that rescue from slopes or in open terrain is often associated with high costs. The customer is therefore recommended to take out appropriate insurance, especially since the ski school is not liable for rescue and air rescue costs, unless the ski school or a person attributable to it has caused these rescue and/or air rescue costs through intentional or grossly negligent behavior.

9 Customer Obligations

9.1 The customer must inform the ski school truthfully and comprehensively about his skills and experience in the snow sport booked and must independently ensure that the equipment is appropriate to the state of ski technology and the external conditions. The customer must report any health problems or impairments to the ski school.

9.2 Furthermore, the customer undertakes not to take part in the ski course in the event of feverish infections, contagious diseases or illnesses that are accompanied by diarrhea and vomiting. In particular, if COVID-19 symptoms occur (fever, dry cough, fatigue, difficulty breathing, etc.), the customer undertakes to refrain from taking part in the ski course. If the customer has booked a group course, he or she can exercise the right of withdrawal provided for in point 4.4 of these General Terms and Conditions upon presentation of a medical certificate.

9.3 Before the start of the lesson, the customer must arrange for their ski equipment (in particular ski bindings) to be checked by a specialist company.

9.4 The customer must follow instructions from the ski school, teachers and carers. Failure to comply with instructions and warnings entitles the ski school to immediately terminate the contract. This also applies if customers display improper behavior, particularly towards other course participants.

10 Privacy Policy

10.1 Further information can be found in the ski school's data protection declaration, which is available at (

11 Other provisions

11.1 There are no oral additional agreements to these General Terms and Conditions. Subsidiary agreements of whatever kind, changes or additions must be made in writing to be effective. This also applies to waiving this written form requirement.

11.2 For all disputes arising from legal transactions on which these General Terms and Conditions are based, the applicability of substantive Austrian law, excluding Austrian international private law, is agreed.

11.3 If the customer is an entrepreneur or consumer residing outside the scope of the EuGVVO* or the Lugano Convention** (these are all countries with the exception of the EU member states, Switzerland, Norway and Iceland), all legal disputes arising from or in In connection with these general terms and conditions and/or contracts between the ski school and the customer regarding the provision of ski school services, the factually and locally competent court at the ski school's headquarters is agreed to be the exclusively competent court.

11.4 If the customer is a consumer residing within the EU or the area ofapplication of the Lugano Convention, the legal provisions regarding court jurisdiction apply.

11.5 If one or more of the provisions of these General Terms and Conditions is/are invalid, those legally effective provisions which come closest to the economic purpose of the invalid provision are expressly agreed between the ski school and the customer. The effectiveness of the remaining provisions is not affected by an invalid provision.

11.6 All rights and obligations from these General Terms and Conditions are transferred to any legal successors of the ski school.

* Regulation No. 1215/2012 of the European Parliament and Council of December 12, 2012

** Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, concluded at Lugano on September 16, 1988


1. Contractual partner

The contractual partner of this rental agreement is Sport Tritscher GmbH, Rohrmoosstrasse 134, A-8971 Rohrmoos, from whom the rental item is picked up or paid for.

2. Rental item

All winter and summer sports equipment and additional products that can be booked for rent on our homepage (skis, snowboards, ski boots, snowboard boots, touring skis, touring ski sets, helmets, poles, protectors, toboggans, bikes, e-bikes, etc .) are collectively referred to below as rental items and include all winter/summer sports equipment of all categories and age groups. Inquiries (e.g. group inquiries) and bookings (e.g. online booking) are hereinafter referred to as bookings.

3. Rental conditions

The rental takes place exclusively under the following conditions.

3.1. With his booking, the customer confirms that he is fully legally competent and therefore at least 18 years old.

3.2. The landlord will not release the rental item until the rental price has been paid in full (online or in the local rental shop).

3.3. Before the rental item is handed over, the customer must present an official photo ID (e.g. passport or driving license) as well as his (printed out) booking confirmation to the rental shop and agrees that a copy of these documents will be made. If the rental shop has any questions regarding the age of children or young people for whom the customer is concluding the rental agreement, the responsible rental shop staff must be presented with an official photo ID that certifies the stated age.

3.4. The booking platform includes the display and bookability of rental items from the respective rental shop. After completing the booking process with or without payment, the booking platform automatically generates a voucher (reservation confirmation), which is sent to the customer by email and also makes this voucher available for download on the booking completion page. With this (printed out) voucher, the customer can purchase the booked rental item in the rental shop pick up. Furthermore, the booking information is forwarded to the relevant rental shop.

3.5. By completing the booking, the customer confirms the accuracy of his personal data, which is used to properly set up the sports equipment. The customer may not change the settings made by the rental shop on his own initiative.

4. Obligations of the tenant

The customer is fully responsible for the rental item and must use it carefully in accordance with its function and operating conditions. If the rental item has defects when it is rented, the customer can - if the rental shop cannot remedy the defect - exchange it or withdraw from the contract. Passing on the rental item to third parties is not permitted. The customer must ensure that the rental item is stored in such a way that confusion or theft is prevented. The rental property is not insured unless insurance is taken out. In the event of theft due to violations of the imposed custody obligations, the customer is liable for the current value.

5. Validity

5.1. The reservation order becomes valid upon receipt of the reservation confirmation.

5.2. Rentals after 4:00 p.m. (except for depots and bikes) will only be charged from the following calendar day. If the rental item (excluding bikes) is returned before 9:00 a.m., the current calendar day will not be charged.

5.3. The rental shop will hold the rental item until the close of business on the first day of the reservation. After this period the reservation becomes invalid. If the reservation cannot be used for any reason, we will refund any deposit paid for the reservation up to the day the reservation begins.

5.4. The rental price is only valid for consecutive days.

5.5. For online bookings of skis and snowboards made less than 48 hours in advance, collection the day before cannot be guaranteed, but only collection on the rental day.

6. Right of withdrawal

6.1. If the customer is injured or ill during the rental period, we will refund the money for the remaining rental period that has already been paid, provided the rental item is returned immediately.

6.2. In the event of a cancellation before the start of the rental, please contact the rental shop directly (contact details on the booking confirmation) or by email to

7. Theft or damage to the rental item

In the event of breakage or theft of skis and snowboards, a deductible (if no insurance has been taken out) must be paid as follows:

a. when booking the performance category: € 250,-

b. when booking the premium category: € 350,-

c. when booking the superior category: € 450,-

By paying a one-off fee of € 6 for a rental period of one day, € 12 for a rental period of a maximum of two days or € 18 for a rental period of three days or more, the aforementioned deductible as a result of breakage or theft is waived . In the event of theft, a police report is required; if the police report is not submitted, the current value of the rental item must be reimbursed.

In the event of breakage or theft of bikes and e-bikes, the full value of the rental item (unless insurance has been taken out) must be paid.

The fee for insurance against breakage and theft for bikes and e-bikes is EUR 5 for one day, EUR 10 for 2 days, EUR 15 for 3 days, EUR 20 for 4 days, and 5 days EUR 25,-, for 6/7 days EUR 30,-. For each additional day, EUR 5 will be charged.

8. Prices, Payment and Discounts

8.1. All prices include all taxes and duties applicable at the time of booking and less the optional discount. The prices are displayed in euros (€, EUR). Payment is only possible in euros.

8.2. The booking can be paid using the following payment methods:

• Credit card (Visa, Mastercard)

• Instant bank transfer

• Paypal

9. Binding setting

Ski boots are adapted to the ski bindings; if both rental items are rented, they meet the safety requirements of the ISO standard 11088.

During the handover of the rental item, a separate safety check and adjustment in accordance with ISO./ÖNORM will not be carried out. Upon request and if you have your own equipment (e.g. your own ski boots and rental skis or your own skis and rental boots), a check and adjustment according to ISO/ÖNORM will be carried out. For this top security setting (=electronic binding test) in accordance with ISO standard 11088, a gross fee of € 15.00 will be charged.

This setting takes approx. 10 minutes on site. If the customer does not have a top safety setting made for the rented material (skis and boots), the ski binding will be adjusted by hand according to the ISO number.

10. Liability

No liability is accepted for accidents of any kind; in particular, the landlord is not liable for damage that occurs due to incorrect information provided by the customer - especially in connection with the setting of the binding.

The customer acknowledges that the landlord provides the booking platform as a non-binding service that can be revoked at any time. The customer therefore has no right to use and function of the booking platform in general or according to a specific state of the art. In particular, the landlord assumes no responsibility for the uninterrupted availability of the platform and the data managed therein. The landlord therefore assumes no liability for (temporary) unavailability of the booking platform or for incorrect transmission of bookings.

11. Exchanges

Changing the model of the rented sports equipment is possible free of charge within the pre-booked category. If a piece of sports equipment is changed to a higher category, the surcharge must be paid on site according to the price list. The respective rental conditions of the local rental shop apply.

12. Data processing

The landlord stores and processes certain personal data as part of your booking online or in one of the shops to process the booking and generally for marketing purposes. You can find detailed information on the content and scope of this processing of data within the meaning of Articles 13 and 14 GDPR on our website.