GTCs

Our general terms and conditions

The Vivalpin GmbH & Co KG, Hindenburgstrasse 14, 82467 Garmisch-Partenkirchen, Germany

represented by VIVALPIN Verwaltungs GmbH, 

represented by the managing directors Max Pohl and Christof Schellhammer

Among the brands

Mountain & Ski School Vivalpin

SportScheck Mountain and Ski School by VIVALPIN

offers courses, guided tours and trips.

The travel commitments, hereinafter Part I, apply exclusively to the package tours offered. 

The General Conditions of Participation, hereinafter Part II, apply to courses and guided tours that are not package tours.

The service provider explicitly indicates in each offer before booking whether it is a package tour or a service.

In case of doubt, the conditions for the package tour, Part I apply.

Part I

Travel conditions

The following provisions, if effectively agreed, become the content of the contract between the customer and the tour operator. 

Vivalpin GmbH & Co KG, Hindenburgstrasse 14, 82467 Garmisch-Partenkirchen, Germany

represented by VIVALPIN Verwaltungs GmbH, 

represented by the managing directors Max Pohl and Christof Schellhammer

Among the brands

Mountain & Ski School Vivalpin

SportScheck Mountain and Ski School by VIVALPIN

package travel contract that comes into being. They supplement and fill out the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code).

1. package travel contract 

a) Contractors:

The traveler is the contractual partner of the tour operator. 

When booking for multiple travelers (group bookings, /collective registrations) applies:

The traveler is the one who books the trip for himself and recognizably for his family members.

For all other group/collective registrations, each trip participant is also a traveler.

Nevertheless, the applicant/booker is liable for the entire travel price if he/she has assumed a corresponding separate obligation by means of an express and separate declaration.

b) Content of the contract

The travel descriptions and pre-contractual travel information according to Art. 250 § 3 No. 1, 3 to 5, 7 EGBGB, which are available to the traveler at the time of booking, form the content of the contract.

The pre-contractual information given by the tour operator about essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (according to Art.250 §3No.1,3 to 5 and 7EGBGB) do not become part of the package travel contract only if this is expressly agreed between the parties. 

The further pre-contractual travel information on general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas, as well as health police formalities (Art. 250 § 3 No. 6 EGBGB), 

References to and travel insurances (Art. 250 § 3 No. 8 EGBGB) are of a purely informative nature and do not become part of the contract.

c) Conclusion of contract

The travel description and pre-contractual travel information in catalogs or online presences of the tour operator do not represent a binding offer of the tour operator, but an invitation to submit an offer.

With the booking, the customer makes a binding offer to conclude the travel contract.

The commitment to the offer ceases at the latest when the acceptance of the tour operator is not received by the customer within 10 days. 

The travel contract is concluded only with the acceptance of the offer by the tour operator in the form of sending the travel confirmation. 

In the event of discrepancies between the customer's booking and the tour operator's travel confirmation, the customer's offer shall be deemed rejected and the tour operator's deviating travel confirmation, including the related pre-contractual information obligations, shall be deemed a new offer. The tour operator is bound to this new travel offer for 10 days.

d) Right of withdrawal

If a package travel contract is concluded away from business premises, then a traveler who is also a consumer is entitled to the right of cancellation under Section 312 (7) sentence 2 of the German Civil Code (BGB). However, this does not apply if the oral negotiations on which the conclusion of the contract is based were conducted in response to a previous order from the consumer.

If the package travel contract is booked by means of distance selling, the consumer shall not have a right of withdrawal pursuant to Sections 312 (7), 312 g (2) sentence 1 no. 9 BGB. According to Section 312c (2) BGB, means of distance communication are all means of communication that can be used to initiate or conclude a contract without the parties to the contract being physically present at the same time, such as letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS), as well as broadcasting and telemedia.

However, the consumer has the right of withdrawal from § 651 h BGB and the right of replacement according to § 651e BGB.

2. payment

a) The tour operator may only demand or accept payment of the tour price prior to the end of the package tour if an effective customer money protection contract exists and the name and contact details of the customer money protector have been communicated to the traveler in a clear, comprehensible and prominent manner. This is done by handing over the security certificate with corresponding information. 

b) After conclusion of the contract and handover of the security certificate, a deposit of 20 % of the tour price is due. The balance is due 30 days before the start of the trip, provided that the security certificate has been handed over and the tour operator can no longer withdraw due to failure to reach the minimum number of participants.

c) If the traveler does not pay the travel price on time, he is in default. In this case, the tour operator can demand compensation for the damage caused by the delay in accordance with § 280 para. 1 sentence 1 and para. 2, § 286 BGB. After fruitless setting of a deadline, he is otherwise entitled to withdraw from the travel contract in accordance with § 323 BGB. After the dissolution of the contract, he can also demand damages instead of performance in accordance with § 280 para. 1 sentence 1 and para. 3, § 281 BGB.

Credit card payments in favor of the Ski School will be collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT. Please send an email to support(at)payyo.ch for all inquiries regarding your credit card payments and chargebacks.

3. changes to the travel contract

a) Price changes

The tour operator may unilaterally increase the tour price only by up to 8 % if the increase in the tour price results from an increase in the price of passenger transportation immediately after the conclusion of the contract due to higher costs for fuel or other energy sources, increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or change in the exchange rates applicable to the package tour in question.

The tour operator must inform the traveler clearly and comprehensibly about the price increase and the reasons for it on a permanent data carrier and in doing so inform the traveler about the calculation of the price increase. A price increase is only effective if it meets these requirements and the traveler is informed no later than 20 days before the start of the trip.

The traveler may request a reduction of the tour price if and to the extent that prices, for the transportation of persons due to lower costs for fuel or other energy sources, the taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges have decreased, or the exchange rates applicable to the relevant package tour charges or exchange rates have changed after the conclusion of the contract and before the start of the tour and this results in lower costs for the tour operator. If the traveler has paid more than the amount due hereunder, the tour operator shall reimburse the excess amount. The tour operator may deduct from the additional amount to be refunded the administrative expenses actually incurred by him. At the request of the traveler, the tour operator shall provide evidence of the amount of administrative expenses incurred.

b) The tour operator may unilaterally change other contractual conditions than the tour price only if the change is insignificant. The tour operator shall inform the traveler of the change in a clear, comprehensible and prominent manner on a durable medium. A change is only effective if it meets these requirements and is declared before the start of the trip.

c) Significant changes to the contract

If the tour operator can provide the package tour due to a circumstance arising after the conclusion of the contract only with a significant change in one of the essential characteristics of the travel services (Article 250 § 3 number 1 of the Introductory Act to the Civil Code) or only by deviating from special specifications of the traveler, which have become part of the contract, the tour operator may also offer the traveler a price change of more than 8 % or any other significant change to the contract or a substitute trip and require the traveler to accept the offer to increase the price/change the contract/substitute trip or declare his withdrawal from the contract within a period determined by the tour operator, which must be reasonable.

The offer for a price increase cannot be made later than 20 days before the start of the trip, the offer for other changes to the contract cannot be made after the start of the trip.

The tour operator has to inform the traveler immediately after knowledge of the reason for change on a durable data medium clearly, understandably and in a highlighted way about

aa) the offered amendment to the contract, the reasons for it, and

aaa) in case of an increase of the travel price about its calculation,

bbb) in the event of any other change to the contract, about the effects of this change on the travel price in accordance with Section 651g (3) Sentence 2 of the German Civil Code,

bb) the period within which the traveler may withdraw from the contract or accept the offer to modify the contract without paying compensation,

cc) the fact that the offer to change the contract is considered accepted if the traveler does not declare himself within the time limit, and

dd) the package tour offered as a substitute, if any, and its tour price.

After the expiration of the period determined by the tour operator, the offer to increase the price or otherwise change the contract is considered accepted.

If the traveler accepts the offer to amend the contract or to participate in a substitute trip and if the package tour is not of at least equivalent quality compared to the one originally owed, Section 651m of the German Civil Code shall apply accordingly; if it is of equivalent quality but involves lower costs for the tour operator, Section 651m (2) of the German Civil Code shall apply accordingly with regard to the difference.

If the traveler decides to withdraw from the travel contract, he loses the right to the travel service and the tour operator loses the right to the travel price. If the traveler has already paid the tour price, the tour operator must refund it immediately, but no later than 14 days after receipt of the cancellation notice. 

4. withdrawal by the customer before the start of the trip / withdrawal costs

a) The traveler can withdraw from the contract at any time before the start of the trip. If the traveler withdraws from the contract, the tour operator loses the right to the agreed tour price. However, the tour operator may demand reasonable compensation unless unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, which significantly affect the implementation of the package tour or the transportation of persons to the destination. Circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

b) The tour operator has determined the following compensation lump sums, taking into account the time distance between the cancellation and the start of the trip, as well as the expectation of a saving in expenses and income achieved elsewhere, as well as the specific nature of the travel offers.

The underlying forecast for the determination of the compensation lump sums is made by the tour operator on the basis of its experience from previous financial years.

The traveler is allowed to prove that no damage has occurred at all or that the damage is significantly lower than the flat rate.

Compensation lump sum:

  • from the time of booking up to and including 30 days before departure 20 % of the tour price
  • 29 to 15 days before departure 50% of the tour price,
  • 14 to 1 day before departure 80% of the tour price,
  • on the day of arrival 90 % of the tour price.

The receipt of the withdrawal is decisive for the calculation.

5. contract transfer

The traveler may declare within a reasonable period of time before the start of the trip on a durable medium that a third party is entering into the rights and obligations arising from the package travel contract instead of him. The declaration is in any case timely if it is received by the tour operator no later than seven days before the start of the trip.

The tour operator may object to the entry of the third party if he does not meet the contractual travel requirements.

If a third party enters into the contract, he and the traveler are liable to the tour operator as joint debtors for the tour price and the additional costs incurred by the entry of the third party. The tour operator may demand reimbursement of additional costs upon proof only if and insofar as these are reasonable and actually incurred by him.

6. rebooking

A rebooking on the part of the traveler is an offer to the tour operator to change the contract, which the latter can accept or reject.

7 Obligations of the traveler to cooperate

a) Personal requirements and travel documents

The traveler has to check whether he meets the physical requirements and the personal skills required for the respective tours as specifically described in the tour descriptions/course classes. If not, the organizer can exclude the customer from tours in whole or in part or refer to alternative tours, courses with lower requirements.

The customer undertakes to truthfully inform the organizer of any existing health impairments, disabilities, illnesses or an existing pregnancy. In the case of serious illnesses, participation is generally only possible after approval by the attending physician. 

The customer must inform the tour operator or his travel agent, through whom he booked the package tour, if he does not receive the necessary travel documents (e.g. ticket) before departure.

b) Obligations

The traveler must follow safety-related instructions of the mountain guide. 

8. notice of defects and request for remedy

The traveler must immediately notify the tour operator of a travel defect.

The traveler will be given the contact details of the tour guide on site.

Insofar as the tour operator was not able to provide a remedy as a result of a culpable failure to report the travel defect, the traveler is not entitled to assert the rights specified in § 651m BGB (reduction) or to claim damages in accordance with § 651n BGB.

For air travel, the following applies with respect to baggage:

In the event of damage, the consignee must notify the carrier immediately upon discovery of the damage, in any case within seven days in the case of checked baggage and within fourteen days in the case of goods.

In case of delay, the notification must be made within twenty-one days after the baggage or goods have been placed at the disposal of the consignee.

Any complaint must be declared in writing and handed over or sent within the period provided for this purpose.

If the notification period is missed, any action against the carrier is excluded, unless the carrier has acted fraudulently.

9. setting a deadline before termination

Before the traveler can terminate the contract, he must first set a deadline for the tour operator to remedy the situation. It is not necessary to set a deadline if the tour operator refuses to remedy the situation or if immediate remedy is necessary.

10. limitation of liability

The tour operator limits its liability for such damages to three times the price of the tour, which are not bodily injuries and are not culpably caused.

If international agreements or legal provisions based on such agreements apply to a travel service, according to which a claim for damages against the service provider only arises or can only be asserted under certain conditions or restrictions or is excluded under certain conditions, the tour operator may also invoke this against the traveler.

If the traveler has a claim against the tour operator for compensation or for reimbursement of an amount overpaid as a result of a reduction, the traveler must take into account the amount received as a result of the same event as compensation or as reimbursement as a result of a reduction in accordance with international agreements or statutory provisions based on such agreements or in accordance with the regulations referred to in Section 651 p (3) sentence 1 BGB.

If the traveler has already received compensation from the tour operator or has already been reimbursed an amount by the tour operator as a result of a reduction, the traveler must allow the amount received to be offset against what is owed to him as a result of the same event as compensation or as reimbursement as a result of a reduction in accordance with international agreements or statutory regulations based on such agreements or in accordance with the regulations referred to in Section 651 p, Paragraph 3, Sentence 1 of the German Civil Code.

11. consumer dispute resolution

The European Commission provides under https://ec.europa.eu/consumers/odr/main/?event=main.home2.show provides a platform for online dispute resolution (ODR).         

We are not obligated or willing to participate in any dispute resolution proceedings.

12. passport, visa and health requirements

The tour operator informs the traveler about general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas before conclusion of the contract and about any changes to these before departure.

The traveler is responsible for obtaining and carrying the officially required travel documents, any required vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations shall be borne by the customer/traveler, unless the tour operator has not informed or has informed incorrectly.

13 Choice of law and place of jurisdiction

The contract is subject to German law. The choice of law does not affect the assertion of tort claims and the possible applicability of mandatory consumer protection provisions under the law of the state in which the consumer has his habitual residence.

Part II

Service T&C"

The following provisions, if effectively agreed, shall become the content of the contract between the customer and the service provider.

Vivalpin GmbH & Co KG, Hindenburgstrasse 14, 82467 Garmisch-Partenkirchen, Germany

represented by VIVALPIN Verwaltungs GmbH, 

represented by the managing directors Max Pohl and Christof Schellhammer

Among the brands

Mountain & Ski School Vivalpin

SportScheck Mountain and Ski School by VIVALPIN

  • Subsequent service provider- 

service contract that comes into existence. The service provider explicitly indicates in its offers when it is a service, namely an individual service, which does not fall under the travel contract law.

1. the service contract is concluded for the time/period specified in the tender. 

2. contract content

The content of the service, in particular also the requirements for the skills and physical abilities of the participant, results from the respective invitation to tender. 

a) Mountain and ski tours

Despite the best tour planning and guidance, no unlimited guarantee of success can be given for reaching the planned program objective or summit. Decisions regarding the choice between several route variants, continuation and termination of the tour, regarding the inclusion of breaks and their lengths, the decision regarding the carrying and use of equipment (especially rope, crampons, crampons, ice axe, etc.) are the sole responsibility of the mountain guide / course leader.
No claims for compensation can be made for tours or services omitted for safety reasons (such as falling rocks and ice, avalanches, crashes, weather changes, etc.) or through the fault of the participant

b) Courses

The achievement of the respective course objectives is not owed, but may vary depending on the external circumstances and the individual prerequisites of each participant. The adaptation of the learning objectives, teaching locations and teaching methods to the external circumstances and individual prerequisites of the participants does not justify any claims for compensation. 

3. due date of the participation fees

Participation fees are due in advance, but no earlier than three months in advance.

4.  Change in the person of the participant
If the participant is prevented from starting the activity, he/she may transfer the contractual relationship to another person, provided that this person fulfills all the conditions for participation and the transfer is the service provider within a reasonable period of time before the date of departure.

5. minimum number of participants:
All events can basically only be carried out if the specified minimum number of participants is reached. If this is not the case, the service provider is entitled to withdraw from the contract up to 7 days before the start of the event for multi-day tours and up to 48 hours before the start of the event for day tours. The fee already paid will be refunded in full. If the participant nevertheless insists on the execution of the event, a new offer with a recalculated price can be submitted. If the participant agrees with the recalculated price, a new contract is concluded. However, there is no obligation to reschedule the event.

6. termination

Ordinary termination is excluded. A refund of the participation fees in case of a cancellation before the start of the service will not be made.

This does not affect the right to extraordinary termination. If the service contract is terminated for cause after the start of performance, the claims shall be governed by the statutory provisions.

In particular, the mountain guide/course leader is entitled to cancel the undertaking at any time if the participant is not sufficiently equipped and in accordance with the requirements or does not have the physical prerequisites and the required skill level as presupposed in the respective invitation to tender. In this case, there is no right to reimbursement of the fee.

The customer can cancel his booked tour/course at any time. The following cancellation fees will apply:

  • from the time of booking until 30 days before departure 20 % of the tour price
  • 29 to 14 days before departure 50% of the tour price,
  • up to and including 7 days before departure 100% of the tour price.

In particular, the mountain guide/course leader is entitled to cancel the undertaking at any time if the participant is not sufficiently equipped and in accordance with the requirements or does not have the physical prerequisites and the required skill level as presupposed in the respective invitation to tender. In this case, there is no right to reimbursement of the fee.

7. choice of law 

The contract is subject to German law. The choice of law does not affect the assertion of tort claims and the possible applicability of mandatory consumer protection provisions under the law of the state in which the consumer has his habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.