1. Jurisdiction
This website is exclusively aimed at consumers, under the act of § 1 Para. 1 No. 2 of the Austrian Consumer Protection Act (KSchG), who have reached the age of 18 and have full legal rights. A consumer is an individual who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their self-employed professional activity.
These General Terms and Conditions (GTC) apply to bookings of accommodation and package tours by guests by means of distance selling as defined by the German Distance and Away Business Act (FAGG) and the Package Travel Act (PRG).
This website offers accommodation providers and landlords (hereinafter collectively referred to as ‘service providers’), who provide accommodation and, in the case of accommodation providers, package tours consisting of accommodation and ski pass, to guests, and on the one hand offer the possibility of accommodation/package tours for booking via this website and on the other hand, offer guests the possibility of booking these accommodations/package tours offered via this website. The guest's booking creates a direct legal relationship between the guest on the one hand and the service provider on the other. Ski amadé, as the operator of this website, acts purely as a (travel) agent and all legal declarations are made by Ski amadé in the name of, and for the account of the respective service provider. Funds are collected in the name of, and for the account of the service provider in the case of payment for the accommodation/package tour (in part) being made via Ski amadé. A travel agency contract, free of charge for the guest, is concluded between Ski amadé and the guest. The information regarding accommodation/package tours bookable on this website is based exclusively on information provided to Ski amadé by the respective service providers. They are solely responsible for ensuring that all information relating to the main features of the services offered is complete, correct and up to date.
The ski pass included in package tours as another tourist service is not an own product of Ski amadé, but a service product of the respective mountain railways. The guest receives a voucher after completion of the booking, which can be redeemed at the cash desks of the respective mountain railways against the in advance purchased ski pass.
2. Operator
This website is operated by:
Ski amadé GmbH
Private limited company
Prehauserplatz 3
5550 Radstadt
Austria
Phone: +43 6452 202 02-0
Fax: +43 6552 202 02-4
Email: info@skiamade.com
Internet: https://www.skiamade.com
UID number: ATU 72340889
Regulatory authority: District administration St. Johann/ Pongau
Chamber affiliation: Wirtschaftskammer Salzburg
3. Conclusion of contract
A contract between the guest and the respective service provider is concluded with the finalisation of the booking process. The guest receives a booking confirmation via email, which contains the specifications of the booked accommodation or, in the case of booking a package tour, the information in accordance with § 6 Para. 2 PRG.
Upon completion of the booking process, the guest enters into a direct legal relationship with the respective service provider and any service interruptions within the scope of the concluded contract are to be handled directly between the service provider and the guest.
4. Prices & terms of payment
All prices on this website are per accommodation/package and for the entire duration of the stay and are displayed including taxes and all additional fees, charges and other costs, or if such costs cannot be determined before the conclusion of the contract, the type of additional costs for which the guest may still have to pay. The terms of payment will be shown during the booking process prior to completion of the booking. These may vary depending on the accommodation booked or the package tour completed.
5. Right of withdrawal / cancellation
In the case of an accommodation contract and services provided in connection with leisure activities (e.g. ski passes, rental of sports equipment), there is no statutory right of cancellation pursuant to § 4 (1) 11 in conjunction with § 18 (1) 10 FAGG.
The cancellation conditions of the respective service provider apply within the scope of the agreed accommodation/package travel contract. Should the hotelier not apply his own cancellation conditions to the agreed accommodation contract, the General Terms and Conditions for the Hotel Industry (ABGH 2006) in the version of 15.11.2006 apply, which can be viewed at https://www.wko.at/Content.Node/branchen/oe/Hotellerie/Allgemeine_Geschaeftsbedingungen_fuer_die_Hotellerie_(AGBH).html, as well as for the package travel contract, the legal regulations according to § 10 paragraph 1 PRG.
6. Warranty and liability
Ski amadé guarantees its products in accordance with the legal requirements. Ski amadé bares liability for intent and gross negligence, except for personal injury and a breach of essential contractual obligations as well as for package tours except for booking errors in accordance with § 17 PRG. In the case of a slightly negligent breach of a material contractual obligation by Ski amadé, liability for the foreseeable damage is limited.
7. Compensation
The guest may set off claims for money outstanding from Ski amadé, if Ski amadé is unable to pay, if the guest's claims are legally connected with those of Ski amadé or if they have been legally established or recognised by Ski amadé.
8. Note on data protection
Ski amadé is committed to providing excellent service to visitors (guests) to this website. This also includes the protection of the personal data of our contractual partners. Under this also falls the personal data that the guest has provided Ski amadé. Ski amadé will only use such data to answer enquiries, to process contracts and for technical administration purposes. Ski amadé will only pass on or transmit personal data to third parties if this is necessary for the purpose of processing the contract, for invoicing purposes or if the guest has given their prior consent. Further information on the collection and processing of personal data can be found in our data protection declaration.
9. Applicable law
Austrian law applies. This choice of law does not, however, result in the guest being deprived of the protection granted to him or her by those regulations, under which the law in the absence of a choice of law, would have to be applied in accordance with Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) in the absence of a choice of law, there may be no stipulation of agreement.