GENERAL TERMS AND CONDITIONS OF POWDERCHASE UG (LIMITED LIABILITY)
The following terms and conditions of business apply to trips organised by Powderchase UG (limited liability), Bierhäuslweg 12, 83623 Dietramszell (hereinafter referred to as “Powderchase”). We agree trip contracts exclusively subject to the validity of these terms and conditions. Deviating agreements must always be concluded in writing.
1. Application / booking process
The application (“booking”) can be made in writing or via the booking on the Powderchase Webseite. With the booking, you request the binding conclusion of a trip contract on the basis of our trip description. Trip descriptions, location and hotel brochures, which are not issued by us, are not binding in relation to the scope of our service obligations unless an agreement to the contrary has been expressly concluded between us. By making the booking you accept our terms and conditions of business.
The contract only comes into effect with our written booking confirmation. If its contents should deviate from the contents of the booking then the contract with its deviating contents shall come into effect if you expressly accept this new offer or confirm your acceptance by paying the trip price.
2. Payment / Services / Prices
Full payment of the trip price falls due upon contractual agreement. The prices quoted apply per person and include all of the services specified in the respective programme.
In case a weekend takes place in Switzerland we charge an extra 50,00 € per Person.
3. Participant prerequisites
Our Powderchase weekends are suitable for participation by all individuals who meet with the requirements in relation to physical ability and riding skills as cited in our trip descriptions, and who are appropriately equipped. All participants are personally responsible for assessing their own skill level and capabilities, as well as the scope and functionality of their equipment. The mountain guides commissioned by us are entitled – for reasons of participant safety – to exclude participants from the event or tour programme at the start or during the course of the trip if it is apparent that they do not fulfil these prerequisites; a reduction in the cost of the trip and any compensation claims resulting from this are excluded. Insofar as we make cost savings as a result of this, the value of these shall be refunded to the participant accordingly.
4. Withdrawal from the trip by the customer/participant
You can withdraw any time prior to the trip starting. Powderchase must be informed of your withdrawal in writing. In the event of a withdrawal, Powderchase is entitled to claim compensation calculated on the following basis:
If notification of withdrawal is provided up to 30 days prior to the trip starting, 15% of the trip price
If notification of withdrawal is provided from the 29th day prior to the trip starting, 30% of the trip price
If notification of withdrawal is provided from the 21st day prior to the trip starting, 50% of the trip price
If notification of withdrawal is provided from the 14th day prior to the trip starting, 75% of the trip price
In the event of a failure to travel without prior withdrawal, 90% of the trip price
Decisive for the purpose of calculating this compensation is the date upon which Powderchase receives the notification of withdrawal. You remain at liberty in all cases to verify to us that we have incurred no damages or significantly lower damages than those covered by the fixed compensation amounts.
It is not possible to provide a refund if an individual prematurely leaves an event that has already started for personal reasons or for reasons that are outside the sphere of influence of the organiser.
5. Booking amendments / Replacement participants
After the conclusion of the contract it is only possible to change the trip date, destination, accommodation or the transport (booking amendments) with the agreement of Powderchase. In the event of confirmed booking amendments we shall charge the actual processing fees incurred, although no less than EUR 25.
Up to the date of travel you are entitled to demand that a third party assumes the rights and obligations of the trip agreement in your place. We are able to object to the change of person, if the third party does not satisfy the specific programme requirements, or if legal requirements or official directives oppose this.
6. Withdrawal due to a failure to satisfy the minimum participant numbers
In the event of a failure to satisfy the minimum participant numbers stipulated in the trip description we are entitled to withdraw from the contract. In order to do so we must notify you within the period specified in the trip description and reference to this must be included in the booking confirmation.
In this case we shall immediately refund all payments made with regard to the trip price. Further claims are excluded.
7. Withdrawal due to weather and snow conditions
Because we wish to provide our customers with a faultless service every time, we reserve the right to cancel a trip at short notice in the event weather and snow conditions making execution of the trip impossible. In this case we shall make every reasonable effort to offer you an alternative trip date. If this is not possible or if you are unable to attend on the proposed alternative date we shall refund all payments made with regard to the trip price in this case as well. Further claims are excluded.
8. Cancellation for reasons of conduct
After a trip starts, Powderchase is entitled to cancel the contract if the participant interrupts the execution of the programme regardless of a warning by Powderchase or its vicarious agents, or if the participant acts in a manner that is contrary to the contract and such that immediate cancellation of the contract is justified. In this case, Powderchase is entitled to the agreed remuneration less any savings made or revenues earned as a result of the alternative employment of the services unused by the participant.
9. Limitation of liability
Programme participants take part at their own risk. By their nature, the trips organised by Powderchase predominantly take place outdoors, partially under difficult to very difficult conditions. Unfavourable weather conditions such as rain, snow, fog and powder can make the conditions even tougher. On all levels of ability the weekends place high demands on the equipment as well as the physical fitness and riding skills of the participants. Every participant is therefore asked to partake in the programmes only when using correctly maintained sports equipment and the customary safety equipment, and to be realistic when assessing their own ability level. Explicit attention is drawn to the specific risks associated with the sports skiing, snowboarding, telemarking (risk of injury, risk of damage of the sports equipment and other equipment items belonging to the participant).
For these reasons, Powderchase also accepts no liability for damages incurred by the participant during the programme to themselves, to the equipment entrusted to them, to other persons, or for damages that are inflicted upon them. This also applies to equipment directly associated with the programme.
Also excluded is liability for any damages that a participant incurs because they fail to observe the instructions of a mountain guide or group guide, if they remove themselves from the group or – where the group is following secured and marked pistes – if they leave these routes without being instructed to do so.
Our liability for contractual claims for compensation, which are not related to physical injury, is limited to three times the trip price, insofar as the damage incurred by the participant is not brought about deliberately or as a result of gross negligence, or insofar as we are only responsible for the participant’s damages due to negligence on the part of our service provider.
Tortious liability for material damages that are not brought about deliberately or as a result of gross negligence is limited to three times the trip price.
The limitations of liability also expressly apply within the framework of any preparation day that may be planned (“run-in”).
10. Hired equipment
Repair costs for any hired equipment, which has been subject to damaging by the participant in excess of normal wear and tear, shall be borne by the same. The participant shall be responsible for replacing any lost equipment items. In the event of test skis at events, the following applies: In case of accidents occurring with hired equipment made freely available to the participant (skis, bindings, etc.) Powderchase cannot be held liable.
Claims in accordance with paragraphs §§ 651 c to 651 f BGB fall time expired after one year. The limitation period commences on the day after the date upon which the contract states that the trip should end.
12. Hazard information
All trips are competently and precisely prepared by us. However, we are unable to provide any guarantees in relation to summit success or any other subjectively preconceived trip success. Despite careful planning and preparation it is not possible to exclude certain residual risks during all undertakings. Following optimum planning, the lead mountain guide or mountain guide candidate on location will make the final decision regarding the routes and their conditions, as well as the constitution and ability levels of the participants. Every tour will encompass the objective risks of mountaineering such as avalanches, stone and ice impact hazards, unpredictable weather changes and the associated dangers, whilst subjective influences such as a mental overburdening on the part of the participants may also arise and can never be entirely ruled out despite the best possible level of training and expertise on the part of our mountain guides.
We recommend that all participants ensure – prior to embarking on the booked trip – that they have sufficient insurance cover in place (personal liability, accident and health insurance) and that this cover is up-to-date.
13. Applicable law, place of jurisdiction
German law applies exclusively to the travel contract and the resultant contractual relationship. The trip participants are only able to bring legal action against Powderchase at the place of its registered office.
In the event that one of the clauses cited above should prove invalid, the legal regulations shall apply in its place. The remaining clauses shall be unaffected by this.
15th current amendment concerning Covid-19
The health of our participants and mountain guides is very important to us. Therefore, when selecting our destinations, we follow the current regulations and recommendations of German authorities, in particular such as travel warnings from the German Foreign Office. Reductions of the registration fee due to changes or restrictions of our travel services, which are directly related to the compliance with the officially required protective measures, are excluded. If a planned journey cannot be carried out for this reason, No. 7 of these general terms and conditions shall apply accordingly.
Should one of our foreign participants be unable to take part in a booked trip due to the requirements of the authorities in his home country, although it can be carried out according to the requirements of the German authorities, the participant will receive a credit note for the registration fee paid, which is valid for twelve months from the planned date of commencement. Any further claims for damages, in particular for travel costs incurred in vain, are excluded.
In order to protect the health of other participants and the mountain guides, we ask each participant to behave responsibly and to refrain from participating if symptoms typical for Covid-19 occur (especially fever, dry cough and extraordinary tiredness). In this case we will also credit the paid registration fee to the exclusion of further claims for damages. The same applies to participants who have stayed in an area that is considered a risk area according to the German authorities’ regulations in the last 10 days and who cannot show a negative corona test that is less than 48 hours old.
In addition, we reserve the right to exclude participants who clearly show such symptoms or who do not adhere to the prescribed safety concepts (in particular the wearing of mouth-nose protection, distance and hygiene rules) from the participation. Clause 5, sentences 3 and 4 of these general terms and conditions shall apply accordingly in such cases.