Terms and conditions

General Terms and Conditions KitzSkiXpress

§ 1 Booking

By making a booking (travel registration), the customer makes a binding offer to the tour operator, Geldhauser Reisen, a travel contract. This offer is based on the travel brochures published by the tour operator, as well as the supplementary information for the relevant trip available on the internet, these General Terms and Conditions taken into account.
The booking must be made online at www.kitzskixpress.de.
The customer shall be liable for all contractual obligations of fellow travellers for whom they are making the booking, as well as for their own, provided that they have assumed this liability by means of an express and separate declaration. In the case of minors, the booking must be made by a legal representative and a completed and signed declaration of consent must be presented at the start of the journey.
The contract comes into effect upon receipt of the tour operator’s declaration of acceptance. The declaration of acceptance does not require any specific form. Upon or immediately after the conclusion of the contract, the tour operator shall send the customer a travel confirmation to the email address provided.
In accordance with entry requirements for Austria, every traveller is obliged to carry the original of their passport or identity card with them.

§ 2 Payment

The price per day trip is payable immediately upon conclusion of the contract. (Via PayPal or credit card)

§ 3 Services / Changes of Service

The scope of the contractual services is set out in the detailed description of the trip in the current travel brochure or on www.kitzskixpress.de.
Changes to services made by the tour operator which become necessary after the contract has been concluded are permitted provided that the circumstances leading to the change were not brought about by the tour operator in breach of good faith and provided that the changes are not significant and are reasonable for the traveller. The tour operator must notify the traveller of any changes immediately upon becoming aware of the reason for the change.
Changes to services by the traveller are possible with the tour operator’s consent. They must be made in writing or electronically, unless otherwise agreed.
If the traveller fails to arrive at the ski resort for departure or fails to board the return journey at the agreed departure time, the traveller loses the right to the return journey. The traveller must undertake the return journey at their own expense. This does not give rise to any claims against the tour operator.

§ 4 Transfer of Contract

Up until the start of the trip, the traveller may request that a third party assume the rights and obligations arising from the travel contract in their place. The tour operator may object to the third party’s assumption of these rights and obligations if the third party does not meet the specific requirements of the trip or if their participation contravenes statutory provisions or official orders.
If a third party assumes the contract, that third party and the traveller shall be jointly and severally liable to the tour operator for the tour price and any additional costs arising from the third party’s assumption of the contract.

§ 5 Cancellation

The traveller may cancel the trip at any time before the start of the trip. The cancellation must be notified to the tour operator using the contact details below:
Geldhauser Linien- und Reiseverkehr GmbH
Fichtenstraße 31
85649 Hofolding
kitzski@geldhauser.de
The traveller is advised to give notice of cancellation by email.
If the traveller cancels before the start of the trip or fails to set off on the trip, the tour operator forfeits the right to the agreed tour price. Instead, provided that the cancellation is not due to circumstances for which the tour operator is responsible, or is not a case of force majeure, the tour operator may claim reasonable compensation for the travel arrangements made up to the time of cancellation and for its expenses, in proportion to the respective tour price.
The tour operator has structured this claim for compensation on a sliding scale, i.e. it is calculated as a flat-rate percentage of the tour price, taking into account how close the date of cancellation is to the contractually agreed start of the trip, and the calculation takes into account expenses that would normally have been saved and other uses of the travel services that would normally have been possible.
Compensation is calculated as follows, based on the time of receipt of the traveller’s notice of cancellation:
Cancellations are free of charge up to 24 hours before departure; otherwise, a cancellation or administration fee of EUR 25.00 per person will be charged. In the event of a cancellation on the day of departure, the cancellation fees amount to 95 per cent; for no-shows (failure to board the journey), the fee is 100 per cent. The percentage cancellation fees are based on the total price of the journey.
The traveller is free to prove that the tour operator has incurred no loss at all, or a loss substantially lower than the lump sum claimed by the tour operator.
The tour operator may withdraw from the contract up to 12 hours before the start of the trip if the minimum number of participants is not reached. If the trip is not carried out for this reason, the traveller shall be refunded any payments made towards the tour price without delay and shall be informed by email.
If the trip is significantly impeded, endangered or disrupted as a result of force majeure that could not have been foreseen at the time the contract was concluded, either party may terminate the travel contract in accordance with Section 651j of the German Civil Code (BGB).
The tour operator may also terminate the travel contract without notice if, despite a prior warning from the tour operator, the traveller persistently disrupts the trip or behaves in such a manner contrary to the contract that the immediate termination of the contract is justified after weighing up the interests of both parties. In this case, no refund of the tour price will be made. Any further claims by the traveller are also excluded.

§ 6 Liability and Limitation of Liability

The tour operator is liable for the conscientious preparation of the trip, the careful selection and supervision of service providers, the accuracy of the service descriptions and the proper provision of the contractually agreed services.
The tour operator shall not be liable for disruptions to services, or for personal injury or damage to property in connection with services that are merely arranged as third-party services, provided that these services are expressly and clearly identified as such in the travel brochure, other supplementary information and the travel confirmation, in such a way that it is apparent to the traveller that they do not form part of the tour operator’s travel services.
The tour operator shall not be liable for printing errors or incorrect price details in the travel brochure.
Luggage (skis, snowboards, accessories, etc.) shall be carried to a normal extent. The tour operator accepts no liability for luggage or valuables (mobile phones, cameras, money, etc.) left behind on the coach. The traveller is liable for any damage caused by items they are carrying. Luggage left behind can be collected from the depot in Hofolding, Fichtenstraße 31, 85649 Hofolding, by prior appointment via email at kitzski@geldhauser.de.
Contractual claims for damages The tour operator’s contractual liability for damages other than personal injury is limited to three times the tour price, provided that the damage suffered by the traveller was not caused either intentionally or through gross negligence, or where the tour operator is liable for damage incurred by the traveller solely due to the fault of a service provider.
Claims for damages arising from tort The tour operator’s liability arising from tort for damage to property not resulting from wilful misconduct or gross negligence is limited to three times the tour price.
The maximum liability limit applies per traveller and per tour.

§ 7 Warranty

If the trip does not possess the characteristics promised, or if it is marred by defects which negate or diminish its value or suitability for its normal purpose or for the purpose stipulated in the contract (defect), the traveller may demand that the situation be remedied.
This does not affect the traveller’s obligation, in the event of disruption to services, to do everything reasonable to help remedy the disruption and to minimise any damage that may occur.
The tour operator may refuse to provide a remedy if it requires a disproportionate amount of effort.
For the duration of the defective provision of the holiday, the traveller may demand a corresponding reduction in the holiday price (reduction). The holiday price is to be reduced in the proportion that the value of the holiday in a defect-free condition would have stood in relation to its actual value at the time of sale. The reduction shall not apply if the traveller culpably fails to give notice of the defect.
If a holiday is significantly affected by a defect and the tour operator fails to remedy the situation within a reasonable period set by the traveller, the traveller may, at their discretion, either remedy the situation themselves and claim reimbursement of the necessary expenses, or terminate the holiday contract in accordance with the statutory provisions. It is not necessary to set a time limit for the remedy only if a remedy is impossible or is refused by the tour operator, or if the immediate termination of the contract is justified by a particular interest on the part of the traveller.
In the event of termination, the traveller shall owe the tour operator the portion of the tour price attributable to the services used, provided that these services were of interest to them.
In all other respects, the statutory provisions shall apply.

§ 8 Limitation period and statue limitations

The traveller must assert any claims arising from a defect in the holiday against the tour operator within one month of the contractually agreed end of the holiday, in accordance with Sections 651c to 651f of the German Civil Code (BGB).
Once this period has expired, the traveller may only assert claims if they were prevented from meeting the deadline through no fault of their own.
Claims by the traveller under the travel contract arising from a defect in the holiday are subject to a limitation period of one year from the contractually agreed end of the holiday. The one-year limitation period shall not commence until the traveller has notified the tour operator of the defect.
The preclusive period and the shortening of the limitation period do not apply to damages arising from injury to life, limb or health resulting from a negligent breach of duty by the tour operator, nor to other damages resulting from a grossly negligent breach of duty by the tour operator.
Furthermore, the reduction in the limitation period does not apply if the tour operator has fraudulently concealed a defect.

§ 9 Further Conditions

It is assumed that travellers are aware that a valid passport is generally required for travel abroad. In accordance with its statutory and contractual duty to provide information, the tour operator shall conscientiously provide the traveller with information regarding any additional foreign passport, visa, customs, foreign exchange and health regulations, insofar as such information can be obtained in Germany. However, the traveller is personally responsible for complying with these regulations.
Any disadvantages arising for the traveller as a result of non-compliance with these regulations shall be borne by the traveller.

§ 10 Use of Images/ Use of Data/Data Protection

The traveller agrees to be photographed during the trip and consents to the use of these photographs free of charge for the purpose of marketing the tour operator’s trips. This consent may be withdrawn in writing at any time.
The tour operator uses a secure transmission protocol (SSL) for the transfer of customer data. This is intended to ensure the highest possible standard of security.
The tour operator takes the protection of its customers’ personal data very seriously. The following statement provides an overview of how the protection of personal data is ensured.
The tour operator collects personal data when the customer registers and orders tickets. The data provided by the customer is collected, processed and used by the tour operator.
Customers are advised that data relevant to their dealings with the tour operator will be stored and/or transferred for processing in accordance with the applicable data protection regulations.
Customers agree that the data they provide during registration or when placing an order may be stored and used by the tour operator.
The tour operator uses the data collected solely for internal analysis, marketing and advertising purposes. The tour operator will not disclose any personal data without the customer’s express consent, unless the tour operator is legally obliged to do so.

§ 11 General Final Provisions

The invalidity of individual provisions of these General Terms and Conditions shall not render the entire General Terms and Conditions invalid.
The place of jurisdiction for all disputes arising from and in connection with this contract, in the case of contracts with traders, legal entities under public law or special funds under public law, shall be the tour operator’s registered office.
If the traveller has no general place of jurisdiction within Germany, or if, after the contract has been concluded, they transfer their place of residence or habitual abode abroad, or if their place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction shall also be the tour operator’s registered office.
The law of the Federal Republic of Germany shall apply to the performance of the contractual relationship.

Geldhauser Linien- und Reiseverkehr GmbH, Fichtenstraße 31, 85649 Hofolding