TERMS AND CONDITIONS

TERMS AND CONDITIONS of

Canyoningguides.at/Roman Beer

Prepared by the Association of Austrian Mountain and Ski Guides

1. Scope and Services:

Canyoningguides.at/Roman Beer provides its services exclusively on the basis of the following Terms and Conditions. These apply to all legal relationships between canyoningguides.at/Roman Beer and guests, even if they are not expressly referenced.

The contract covers all obligations of the canyoning guide to guide a guest on a specific tour. In return, the guest undertakes to pay the fee unless free participation has been expressly agreed.

Participants must meet the requirements stated in the programs or tour descriptions. Each guest is personally responsible for the condition and maintenance of any equipment they bring themselves and for their own state of health. To allow Canyoningguides.at/Roman Beer to assess each guest’s suitability for the planned tour, the guest undertakes to provide truthful information.

Due to legal obligations, the canyoning guide must verify before the start of a tour that guests are adequately equipped and equipped according to the requirements. The canyoning guide reserves the right to refuse to guide persons who are inadequately equipped or who clearly do not appear capable of meeting the difficulties of the planned activity. In this case there is no entitlement to a refund of the fee.

Despite the best tour planning and guiding, no unrestricted guarantee can be given that the planned program objective will be achieved. Decisions regarding the choice between route variants, continuation or termination of the tour, breaks and their duration, and the carrying and use of equipment, especially ropes, rest solely with the canyoning guide.

No claims for compensation may be made for tours that cannot take place for safety reasons, such as rockfall, icefall, falls, weather changes, or due to the participant’s fault.

Damage resulting from loss of rental equipment or repair costs for damage beyond normal wear and tear must be reimbursed by the participant.

Because of the special responsibility for proper tour execution, guests undertake with the booking confirmation to follow the instructions given by the canyoning guide in their role as the responsible and qualified leader of the tour. If guests ignore these instructions, the canyoning guide cannot be held responsible for any resulting consequences.

2. Conclusion of Contract:

The contract with Canyoningguides.at is concluded when agreement exists on the essential contract terms, such as the objective or purpose of the activity, fee, timing, and number of persons to be guided. The booking may be made in writing or orally. Telephone bookings are legally binding. If several participants are registered at the same time, the person making the registration is liable for payment of the invoice amount. Acting in one’s own name is presumed. In all other cases, when a contract is concluded for guiding a canyoning tour with several persons, all guests are jointly and severally liable for the fee claim.

The canyoning guide reserves the right to change, limit, or expand the training and tour program at any time due to unforeseeable circumstances. Because tours depend on weather conditions or other unforeseeable circumstances, the originally planned route cannot always be guaranteed.

3. Substitution of the Guest:

If the guest is prevented from taking part in the activity, they may transfer the contractual relationship to another person, provided that person meets all conditions for participation and the transfer is communicated to canyoningguides.at/Roman Beer within a reasonable period before the planned tour. The transferring guest and the replacement guest are jointly and severally liable for any unpaid fee and, if applicable, additional costs arising from the transfer. Canyoningguides.at/Roman Beer may reject the transfer for objectively justified reasons.

4. Minimum Number of Participants:

As a rule, all events can only be carried out if the stated minimum number of participants is reached. If this is not the case, canyoningguides.at/Roman Beer is entitled to withdraw from the contract up to 7 days before the event begins. Any fee already paid will be refunded in full. If the guest nevertheless insists that the event be carried out, a new offer with a recalculated price may be submitted. If the guest accepts the newly calculated price, a new contract is concluded. However, canyoningguides.at/Roman Beer is not obligated to conduct the event again.

5. Insurance:

canyoningguides.at/Roman Beer holds the liability insurance required by law. Any private insurance, such as accident insurance, in connection with the planned tours must be taken out by the guests themselves. In this context, guests are advised that helicopter or mountain rescue operations may result in very high costs, which are generally not covered by the responsible social insurance carriers and must therefore be paid by the affected guest. Taking out rescue-cost insurance is therefore expressly recommended.

As a rule, no cancellation insurance is included. The guest is responsible, at their own expense, for complying with any passport, visa, customs, currency, and health regulations.

6. Warranty:

If a service is not provided or is provided defectively, the guest has a warranty claim. The guest agrees that, instead of rescission or price reduction, a defect-free service may be provided within a reasonable period if this is possible. To allow remedy during the ongoing mountain tour, the guest must in any case notify the canyoning guide.

If a service disruption is attributable to the guest, such as a health impairment or insufficient fitness, the guest may not derive any claims from it.

7. Damages:

In the event of a culpable breach of an obligation arising from the contractual relationship, canyoningguides.at/Roman Beer is responsible to guests, provided all other legal requirements are met, for compensation for resulting damages within the scope of the legally required liability insurance for personal injury, property damage, and financial loss.

canyoningguides.at/Roman Beer is not liable in cases of slight negligence. Claims for compensation for loss of holiday enjoyment are also excluded. Any compensation is limited in amount to the liability insurance sum existing at that time.

Apart from statutory liability, guests take part in canyoning tours at their own risk. A considerable degree of prudence is therefore expected of every guest. Canyoningguides.at/Roman Beer cannot assume responsibility for accidents, damage, or other irregularities resulting from alpine hazards, such as risk of falling, cold-related injury, water hazards, or rockfall. The guest expressly accepts this when registering.

All events are prepared and guided to the best of our knowledge and belief. No guarantee can be given that subjectively imagined travel goals will be fulfilled. It is inherent in the nature of the event that a certain residual risk and uncertainty remain for the guest. Appropriate tour preparation through endurance sports, technical training, and personal prudence 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 cancellation is made no later than 90 days before the program begins, no costs are incurred. If cancellation is made later, the following costs apply:

 up to 60 days before the tour starts: 10% of the fee, but at least a €50 processing fee

59 to 31 days before the tour starts: 25%

30 to 8 days before the tour starts: 50%

up to 7 days before the tour starts: 75%

from 24 hours before the start: 100% of the respective fee.

In addition, any cancellation costs charged by hotels, huts, etc. must be borne by the participant. Taking out cancellation insurance is recommended. If the place freed by the withdrawal can be resold, no costs are incurred. Date changes are treated as cancellation and new registration.

If a guest fails to appear at the agreed starting point of the tour, or if departure for the tour is missed due to negligence by the guest or for a reason caused by force majeure, canyoningguides.at/Roman Beer may retain 75% of the guiding fee plus any expenses.

9. Withdrawal by the Canyoning Guide Before the Tour:

If canyoningguides.at/Roman Beer must withdraw from the contract due to unusual and unforeseeable events over which it had no influence and whose consequences 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 guiding fee exceeding reimbursement of expenses will be refunded.

10. Withdrawal by canyoningguides.at/Roman Beer After the Tour Has Begun:

canyoningguides.at/Roman Beer is released from providing the service if, during a tour, a guest seriously disrupts the activity or endangers others through improper or grossly careless behavior despite a warning.

In this case, if the guest is at fault, the guest is liable to canyoningguides.at/Roman Beer for damages. In such a case, the guiding fee will not be refunded.

11. Changes to the Contract:

canyoningguides.at/Roman Beer reserves the right to increase the fee confirmed with the booking for reasons outside its control, provided the date is more than three months after conclusion of the contract. Such reasons include changes in any transport and access costs or exchange rates applicable to carrying out the tour.

Program changes due to weather changes, other alpine hazards, lack of fitness of individual guests, and similar circumstances are reserved for all tours. Under the applicable Mountain and Ski Guides Act, the canyoning guide is obligated to terminate a canyoning tour if unforeseeable special circumstances arise in which the physical safety of guests appears to be endangered. Guests may therefore not assert claims for compensation against canyoningguides.at/Roman Beer on the basis of these circumstances. The decision must be based on the weakest guest, and the other guests on the activity share the same outcome.

If the canyoning guide is prevented from guiding for important reasons, such as illness, death in the family, or similar, the guide is entitled to transfer the guiding activity to a third party. The guest expressly agrees to this transfer option. In such a case, liability is limited to any fault in selecting the replacement.

12. Information Provided to Third Parties:

Information about guests’ names and places of stay will not be provided to third parties, even in urgent cases, unless the guests have expressly requested that information be provided. Costs arising from the transmission of urgent messages are borne by the traveler.

13. Data Protection and Advertising:

canyoningguides.at/Roman Beer is entitled to process and store personal data for contract processing and purposes arising from the contract. Furthermore, by booking, the guest expressly agrees that personal data may be passed on to course leaders, participants, and accommodations. By participating in an event, the participant agrees that videos and photos taken of them during the activity may be used for advertising purposes by canyoningguides.at/Roman Beer.

14. Final Provisions:

Austrian law applies, excluding conflict-of-law rules. If individual provisions of the contract with the guest, including these Terms and Conditions, are or become invalid in whole or in part, the validity of the remaining provisions is not affected. The wholly or partially invalid provision will be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

Prepared by the Association of Austrian Mountain and Ski Guides,

adapted by canyoningguides.at