General Terms and Conditions for the Services of Berber Semmelink.- Ski Academy , BSSKI.com

General provisions, scope
berber Semmelink- Ski Academy provides its services exclusively on the basis of the following General Terms and Conditions (GTC). They apply to all legal relationships between Berber Semmelink and a person who uses the services it offers, even if no express reference is made to these terms and conditions. Berber Semmelink operates a snow sports service. This includes, in particular, services such as training (without guarantee for a specific training success) as well as the guiding and accompanying of skis.

The version of the GTC valid at the time of conclusion of the contract shall be decisive. Regulations deviating from these GTC as well as other ancillary agreements made with the customer are only effective if they have been confirmed in writing by Berber Semmelink.

Any terms and conditions of the customer will not be accepted even if Berber Semmelink has become aware of them, unless expressly agreed otherwise in writing in individual cases. Berber Semmelink expressly contradicts all terms and conditions of the customer. In this context, Berber Semmelink is not obliged to raise additional objections to a customer’s terms and conditions.

In the event that these General Terms and Conditions refer only to natural persons of the male sex, these references apply equally to female and male persons.

The services advertised by Berber Semmelink do not constitute binding offers, but are an invitation to the reader to submit an offer to Berber Semmelink.

Contractual partner
Contractual partner of the customer is:

Berber Semmelink – Ski Academy

Berber Semmelink, Himpelusstrasse 4, 8884 Oberterzen

Phone: +41 767004819
E-Mail: info@bsski.com

Conclusion of orders and
contracts Berber Semmelink offers its services on its website www.bsski.com. Contracts between Berber Semmelink and the customer can be concluded electronically (submission of an offer via the online form and acceptance of the contract by e-mail confirmation).

Berber Semmelink is entitled to reject an offer to conclude a contract without giving reasons.

The method of payment

To pay for the ordered services, the customer can use the following option

Payment by Sofortüberweisung

Cancellation by the customer
The customer is entitled at any time to withdraw from the concluded contract against payment of the cancellation fees listed below.

In order to exercise this right of withdrawal (right of withdrawal), the customer must send a declaration of revocation to the following e-mail address:
by e-mail: info@bsski.com

In the event of a withdrawal by the customer, Berber Semmelink is entitled to charge the following cancellation fees:

Cancellation up to 14 days before the start of the ordered service: 50% of the total price will be charged
Cancellation later than 14 days before the start or during the ordered service: 100% of the agreed total price (this also applies if the ordered service is not used)
The aforementioned deadlines also apply in the event of partial cancellation of the ordered service. The relevant point in time in this context is the receipt of the declaration of withdrawal by Berber Semmelink. In the case of ordered group courses, a refund of the price paid – in the event of illness or accident that makes participation in the course impossible – is also permitted within the last 14 days before the start of the ordered, always provided services that the customer issues Berber Semmelink a medical certificate. If the trip has already been carried out, a medical certificate from a practicing physician must be presented.

If a part of the ordered services has already been used, the price for the services already provided will be recalculated on the basis of the course price. 50% of the part of the price already paid that exceeds the price calculated in this way will be refunded. In the case of a justified revocation, the refund will be made within a maximum period of 14 days from the date of the revocation.

Termination by Berber Semmelink
If the weather conditions do not guarantee that the ordered services can be provided in a safe manner, Berber Semmelink may postpone or cancel the booked services. In the event of service cancellations, Berber Semmelink undertakes to refund to the customer any amounts already paid within a period of 14 days from the date of cancellation.

Accident insurance
The customer is aware of the fact that skiing is associated with numerous dangers and that especially tours in freeride areas are associated with the risk of getting into trouble in the mountains. The customer is also aware that rescuing people in the mountains, in particular by air and mountain rescue services, can be associated with high costs. The customer is advised to take out appropriate leisure insurance (in particular insurance for rescue and air rescue fees), especially since Berber Semmelink assumes no liability for such rescue and air rescue fees, unless these expenses were caused intentionally or intentionally by gross negligence on the part of Berber Semmelink.

Skill categories
The services provided by Berber Semmelink are to be divided into the following capability-relevant groups:

Adult groups (from 18 years): skiing on the slopes, skiing on ski routes, off-piste skiing,
freeriding Youth groups (13-18 years): skiing on the slopes, skiing on ski routes and freeriding
Children’s groups (up to 12 years): exclusive skiing on the slopes and skiing on ski routes.
The assignment to the different groups for ski courses is carried out by Berber Semmelink. Changes made by Berber Semmelink with regard to the grouping are in any case to be accepted by the customer, even if they are made after the start of the service.

The customer is obliged to follow the instructions given by Berber Semmelink. In the event of non-compliance with warnings, Berber Semmelink is entitled to terminate the respective contract immediately. Berber Semmelink also has the right to terminate the contract immediately if a customer who uses the services provided by Berber Semmelink is under the influence of alcohol or drugs.

In the above case, the customer is not entitled to a refund of the price paid by him.

Berber Semmelink guarantees to the customer that the ordered service is in accordance with the contract, but does not guarantee the customer’s training success.

Berber Semmelink is not liable for damages – with the exception of personal injury – insofar as these are not based on intentional or grossly negligent conduct on the part of Berber Semmelink and the conduct causing the damage is not in connection with essential obligations under the contract for Berber Semmelink. This exclusion of liability does not apply to completely unforeseeable or atypical damages that the customer could not reasonably expect.

In particular, Berber Semmelink rejects any liability for damages caused by the customer to himself or to other persons in the provision of the agreed services or caused to him by other persons.

Berber Semmelink’s services are provided exclusively outdoors, on ski slopes or in freeride areas under sometimes difficult or very difficult conditions. Adverse weather conditions such as rain, snow or fog can affect these conditions even further.

The customer is obliged to provide Berber Semmelink with truthful and complete information about his skills and experience in connection with snow sports. Likewise, the customer will inform Berber Semmelink comprehensively about his physical abilities, in particular his state of health and any complaints.

The services provided by Berber Semmelink may be associated with high demands on the materials as well as on the physical fitness and driving technique of the customer, depending on their ability and ability. For this reason, each customer is requested to use only properly maintained sports equipment and the usually prescribed safety equipment when using the ordered services and to realistically assess his own performance.

The customer is requested to note that the non-use of a safety helmet in the event of injuries may constitute contributory negligence on the part of the customer. The customer is therefore advised to wear a safety helmet as well as other safety equipment that is recommended in connection with the respective service (e.B.s. avalanche transceiver for freeriding).

Portrait waiver agreement. The adult customer declares with his booking to waive all portrait and videographic rights that arise when taking photos and videos during classes, camps, training, and to transfer them to BSSKI. He agrees to the broadcast on any of the channels, Social Media, communication, lectures and presentations. Any subsequent claim with regard to this production or photography is therefor null and void. The customer declares not to claim any compensation for this distance or for the use of images, videos or photos. 

The terms and conditions apply from 15 October 2018