Terms and Conditions

TERMS AND CONDITIONS
Benjamin Doppscher (Single entrepreneur)

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§1 Scope of Application    
Benjamin Doppscher EU provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between Benjamin Doppscher EU and guests, even if not expressly referred to.

The mountain hiking guide contract includes all obligations as a mountain hiking guide to lead a guest on a specific tour. In return, the guest is obliged to pay the fee, unless gratuitousness has been expressly agreed upon. The conditions stated in the programs or tour descriptions must be met by the participant. Each guest is responsible for the condition and maintenance of any equipment brought along, as well as their own health. To assess the suitability of each guest for the planned tour, the guest agrees to provide truthful information to Benjamin Doppscher EU.

Due to legal obligations, the mountain hiking guide must ensure before the start of a tour that the guests are adequately equipped and meet the requirements. The mountain hiking guide reserves the right to refuse to lead persons who are inadequately equipped or visibly unable to cope with the difficulties of the planned undertaking. In this case, there is no entitlement to a refund of the fee.

Despite careful tour planning and guidance, no unrestricted guarantee of success can be given for reaching the planned program goal or summit. Decisions regarding the selection between several route variants, continuation and termination of the tour, the inclusion of breaks and their lengths, and the decision regarding the carriage and use of equipment (especially snowshoes, etc.) are solely the responsibility of the mountain hiking guide. No claims for compensation can be made for tours that are not carried out due to safety reasons (such as rockfall and icefall, avalanches, falls, weather changes, etc.) or due to the fault of the participant.

Damages resulting from loss or repair costs of damage to rental equipment that go beyond normal wear and tear are to be reimbursed by the participant.

Due to the special responsibility for the proper execution of the tour, guests undertake, by concluding the mountain hiking guide contract, to comply with the instructions of the mountain hiking guide, which he gives in his capacity as the responsible and knowledgeable leader of the tour. If these are ignored by the guests, the mountain hiking guide cannot be held responsible for any resulting consequences.
 

§2 Conclusion of Contract
The mountain hiking guide contract between the guest and Benjamin Doppscher EU is concluded when there is agreement on the essential components of the contract (purpose of the undertaking, fee, timing, number of persons to be guided, etc.). Booking can be made in writing or orally. Telephone bookings are legally binding. In the case of simultaneous registration of several participants, the person registering is liable for settling the invoice amount. Acting in one's own name is presumed. Otherwise, when concluding a mountain hiking guide contract for leading a hiking tour with several persons, all guests are jointly and severally liable for the fee claim.

The mountain hiking guide reserves the right to amend, restrict, or expand the tour program at any time due to unforeseeable circumstances. Due to dependence on weather conditions or other unforeseeable circumstances, the originally planned course of the tour cannot always be guaranteed.

Upon registration, a deposit of 50% is required, with the remaining payment to be received on the specified account free of deductions and charges no later than 7 days before the start of the tour. In exceptional cases and only with the explicit consent of the mountain hiking guide, cash payment on-site before the start of the tour may also be agreed upon.

For online bookings, the entire amount must be paid immediately.

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§3 Change in Guest's Identity
If the guest is prevented from participating in the tour, they may transfer the contract to another person, provided that this person meets all the conditions for participation and the transfer is communicated to the mountain hiking guide within a reasonable period before the departure date. The transferor and the transferee are jointly and severally liable for the outstanding fee as well as any additional costs incurred due to the transfer. The mountain hiking guide reserves the right to refuse the transfer for justified reasons.

 

§4 The minimum number of participants          
All events can generally only be conducted if the specified minimum number of participants is reached. If this is not the case, the mountain hiking guide is entitled to withdraw from the contract up to 7 days before the start of the event. The already paid fee will be refunded in full. If the guest insists on the implementation of the event nonetheless, a new offer with a newly calculated price may be submitted. If the guest agrees to the newly calculated price, a new contract is concluded. However, there is no obligation on the part of the mountain hiking guide to carry out the event again.

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§5 Insurance
The mountain guide has the legally required liability insurance. Any personal insurance (e.g., accident insurance) related to the planned tours must be arranged by the guests themselves. It is noted in this context that helicopter or mountain rescue operations can incur very high costs, which are typically not covered by the responsible social insurance carriers and therefore must be paid by the affected guest. Therefore, the conclusion of mountain rescue cost insurance is expressly recommended. There is generally no cancellation insurance. The guest is responsible for complying with any passport, visa, customs, foreign exchange, and health regulations at their own expense.

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§6 Warranty
The guest is entitled to a warranty claim in case of non-performance or inadequate performance. The guest agrees that, instead of his right to rescind the contract or reduce the price within a reasonable period, a defect-free service will be provided to him, if this is possible. For the implementation of the improvement during the ongoing hiking tour, the guest is in any case obliged to notify the mountain guide.

If a performance disruption is attributable to the sphere of the guest, such as a health impairment (e.g., slow acclimatization to altitude, lack of fitness, etc.), the guest cannot derive any claims from it.

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§7 Compensation
In the event of culpable breach of duty arising from the contractual relationship, the mountain guide is liable to the guests for damages incurred within the framework of the legally obligatory liability insurance for personal, property, and pecuniary losses, provided that all other legal requirements are met. The mountain guide is not liable in cases of slight negligence. Claims for compensation for loss of holiday enjoyment are also excluded. Any potential compensation is limited to the amount of the liability insurance coverage in force at that time.

Except for statutory liability provisions, guests participate in mountain hiking tours at their own risk. Therefore, each guest is expected to exercise a significant degree of caution.

The mountain guide cannot be held responsible for accidents, damages, or other irregularities resulting from the realization of alpine dangers (such as the risk of falling, altitude sickness, cold-related injuries, avalanche danger, crevasse falls, rockfall, attacks by animals). By registering, guests expressly accept this.

All events are prepared and conducted to the best of our knowledge and belief. No guarantee can be given for summit successes or the fulfillment of subjectively imagined travel goals. It is inherent to the nature of the event that a certain residual risk and uncertainty remain for the guest. Adequate tour preparation through endurance sports, appropriate technical training, and personal caution reduces the risk of accidents and is therefore strongly recommended for every guest.

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§8 Cancellation of the Contract

The guest has the right to withdraw from the contract at any time in writing. In case of cancellation up to 31 days before the start of the program, no costs will be incurred. For cancellations made later, the following costs apply:
 

• 30 to 17 days before the start of the tour: 50%, but at least €30 processing fee

• From 16 days before the start of the tour: 90% of the total amount

• From 7 days before the start: 100% of the total amount

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For bookings of special programs (lasting 3 days or more), different cancellation conditions might be applied. These are outlined in the respective contract.

Additionally, in any case, any cancellation costs incurred by hotels or mountain huts, etc., are to be borne by the participant. It is recommended to take out cancellation insurance. If the freed-up spot due to cancellation can be resold, no costs will be incurred. Changes in dates are treated as cancellations and new registrations.

If a guest fails to appear at the agreed starting point of the tour or if the departure for the tour is missed due to negligence on the part of the guest or due to a reason caused by force majeure, 75% of the guiding fee plus any expenses may be retained by the mountain guide.   

 

§9 Cancellation by the mountain guide before commencement
If the mountain hiking guide must withdraw from the contract due to unusual and unforeseeable events over which they had no control and whose consequences could not have been avoided despite the exercise of due care, the guest shall reimburse the expenses incurred up to that point. Such events include, for example, government orders, strikes, war or war-like conditions, natural disasters, epidemics, weather and avalanche conditions, etc.
The portion of the guiding fee exceeding the reimbursement of expenses will be refunded. 

 

§10 Withdrawal by the mountain hiking guide after the journey has commenced.
The mountain hiking guide shall be released from the provision of services if, during a tour, a guest persistently disrupts or endangers others in the course of the excursion due to improper or grossly negligent behavior, regardless of any warnings.
In such cases, if the guest is at fault, they are obligated to compensate the mountain hiking guide for damages. In such instances, the guiding fee will not be refunded.

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§11 Changes to the contract
The mountain hiking guide reserves the right to increase the confirmed fee upon booking for reasons beyond the guide's control, provided that the date is more than three months after the conclusion of the contract. Such reasons may include changes in transportation and climbing costs or exchange rates applicable to the tour. Program changes due to weather conditions, other alpine hazards, individual guests' physical conditions, and other factors are reserved for all tours. According to the current mountain and ski guide law, the mountain hiking guide is obliged to terminate a mountain tour if unforeseeable special circumstances arise where the physical safety of the guests appears to be at risk. Guests cannot claim compensation from the mountain hiking guide due to these circumstances. The decision should be based on the weakest guest, and the remaining guests of the excursion share the same fate.

The principle of personal execution of the mountain hiking guide contract applies. In the event of incapacity due to significant reasons (such as illness, family bereavement, etc.), the mountain hiking guide is entitled to transfer the guiding activity to a third party. The guest expressly agrees to this possibility of transfer. In such a case, liability is limited to any possible selection fault.

 

§12 Disclosure of information to third parties          
Information about the names of the guests and their whereabouts will not be provided to third parties, even in urgent cases, unless the guests have expressly requested disclosure of information. The costs incurred by transmitting urgent messages are borne by the traveler.

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§13 Data protection and advertising 
The mountain hiking guide is authorized to process and store personal data for the purpose of contract execution and other purposes arising from the contract. Furthermore, the guest expressly agrees, upon booking, to disclose personal data to course instructors, participants, and accommodation providers. By participating in an event, the participant agrees that videos and photos taken of them during the excursion may be used for advertising purposes by the mountain hiking guide. 

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§14 Rental Service

The following conditions apply to the rental of equipment by customers at outdoor events conducted by Stick & Stone. Equipment includes all items provided to the customer for the duration of the event, including but not limited to tents, sleeping bags, backpacks, cooking equipment, and outdoor clothing.
 

Reservation and Rental Duration:
Equipment reservation is made by payment of an agreed deposit or full rental amount in advance. The rental period commences and ends according to the agreed-upon dates. Extensions of the rental period are only possible upon agreement and availability.

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Customer's Use and Responsibilities:
The customer is responsible for the proper use of the equipment and assumes the risk of loss, damage, or theft during the rental period. The equipment must be handled with care and returned in the condition it was provided, except for normal wear and tear.
 

Disclaimer of Liability: The company is not liable for damages, injuries, or losses arising from the use of the rented equipment unless caused by gross negligence or intent on the part of the company. The customer is encouraged to obtain appropriate insurance for the rented equipment.

Return and Cleaning: The equipment must be returned to the agreed-upon location at the end of the rental period. The customer is responsible for proper cleaning of the equipment before return. Failure to do so may result in additional cleaning fees.
 

Cancellation and Changes: Cancellations or changes to reservations must be communicated in writing or by phone. Cancellation fees may apply depending on the timing of the cancellation and the agreed-upon terms.

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§15 Final provisions 
Austrian law shall apply, excluding conflict of law principles. If individual provisions of the contract with the guest, including these General Terms and Conditions, are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to achieving the economic purpose of the invalid provision.

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