Terms & Conditions

1.1

These General Terms and Conditions (hereinafter "T&Cs") apply to all contracts between Florian Stürzer, operating under the business name "ALPIN-RAUM" (hereinafter "Provider"), and its customers regarding the services and products offered by the Provider.

1.2

"Customer" refers to the respective contractual partner of the Provider. "Participant" refers to a person who actually takes part in a personal service. In the case of corporate and group assignments, the client may be the Customer without being a Participant themselves.

1.3

Depending on the type of service, the offerings of ALPIN-RAUM may include in particular:

• guided mountain hikes and alpine experiences (Alpine Tours),
• nature-related and experiential or nature-educational offerings (Alpine Nature),
• nature and mountain experiences for companies and groups (Alpine Company Tours),
• digital learning materials and training programmes (Alpine Academy),
• offerings for competence development in an alpine context (Alpine Guidance), and
• coaching and reflection offerings in an alpine context or in connection with mountain hikes and nature experiences (Alpine Coaching).

1.4

These T&Cs govern the general legal, organisational and safety-related framework conditions of the respective contractual relationship. The specific type and scope of the service result from the respective offer, the product description or an individual agreement.

1.5

Deviating or supplementary individual agreements take precedence over these T&Cs insofar as they have been expressly agreed. Mandatory statutory provisions remain unaffected.

3.1 Digital products and digital offerings

The presentation of digital products and digital offerings on the website does not constitute a binding offer to conclude a contract, but an invitation to the customer to submit an order.

By completing the ordering process and activating an order function clearly marked as subject to payment, the customer submits a binding offer to conclude a contract.

The contract is concluded upon express confirmation of the order by the Provider. The digital product or digital offering is made available in accordance with the respective product description.

3.2 Personal services

Personal services are generally agreed via an enquiry and offer process: enquiry → clarification → individual offer → acceptance or commissioning.

A contract is concluded upon acceptance of the individual offer by the customer. Acceptance may be given in text form, insofar as no other form is prescribed by law.

3.3 Corporate assignments and B2B services

Services for companies, organisations and other clients acting in the course of their business or professional activities are generally agreed via an individual enquiry and offer process.

Enquiry → clarification → individual offer → commissioning → execution.

The contractual partner is the client designated in the respective offer. The persons taking part in the execution do not become contractual partners of the Provider solely by virtue of their participation.

3.4 Contract documents

The T&Cs in force at the time become part of the contract, provided they are made accessible to the customer before the conclusion of the contract and their inclusion is effective.

4.1

The components of the respective contract are:

• the respective offer or product description,
• expressly agreed special contractual terms, and
• these T&Cs.

4.2

The respective offer or product description governs in particular the specific service. In the case of personal services, this may include in particular:

• type of service,
• date or period,
• location and meeting point,
• duration,
• number of participants,
• price,
• service content,
• participation requirements,
• equipment requirements, and
• special cancellation terms.

4.3 Order of contract components

In the event of contradictions between these T&Cs and individually expressly agreed provisions, the individual agreements take precedence. Otherwise, the offer or product description, the special contractual terms and these T&Cs together form the basis of the contract.

4.4 Minimum number of participants

The minimum and maximum number of participants results from the respective offer. The Provider may cancel an event due to failure to reach a minimum number of participants stated in the respective offer no later than 7 days before the start.

Payments already made for services not rendered will be refunded in this case. Further claims are governed by the statutory provisions.

5.1

The prices stated at the time of conclusion of the contract or individually agreed apply. The applicable VAT treatment and any VAT incurred result from the respective price statement or invoice.

5.2

Digital products and digital offerings must be paid in full before being made available, unless expressly agreed otherwise.

5.3

In the case of personal services, the price, payment term, due date and any agreed advance payments result from the respective offer.

6.1 General participation requirements

Participation in personal services requires that the participant fulfils the requirements necessary for the specifically agreed service. These may include in particular an appropriate physical and health condition, sufficient fitness, the required knowledge and experience, and the required equipment.

The specific requirements result from the respective offer.

6.2 Personal responsibility for self-assessment

Each participant is responsible for realistically assessing their personal suitability and capability for the specific service.

6.3 Notification of safety-relevant circumstances

Participants are obliged to inform the Provider before the start of any health limitations or other circumstances which, in their own assessment, may significantly impair safe participation and knowledge of which is necessary for the safe execution of the service.

The Provider generally does not request medical diagnoses or comprehensive information on health status. The notification does not replace medical advice or examination.

6.4 Equipment

Each participant is generally responsible for having the personal equipment required for the specifically agreed service. The required or recommended equipment results from the respective offer or from separate information provided by the Provider.

6.5 Conduct and safety instructions

Participants are obliged to conduct themselves during the personal service in such a way that neither they themselves nor other persons are endangered or unnecessarily impaired.

Safety-related instructions of the Provider or a qualified guide engaged by the Provider must be observed. Relevant changes in physical condition must be reported immediately.

6.6 Exclusion of participants

The Provider is entitled to exclude participants from participation or to terminate their further participation if this is necessary for factual or safety-related reasons. This applies in particular in the case of obviously missing participation requirements, unsuitable equipment, disregard of safety-related instructions or significant endangerment. The exclusion is carried out taking into account the specific circumstances and in compliance with proportionality.

If the exclusion is due to a circumstance for which the participant is responsible, in particular due to disregard of safety instructions or deliberately incorrect information about participation requirements, there is generally no claim to a refund of unused parts of the service, insofar as no mandatory statutory provisions oppose this.

6.7 Alpine Guidance and Alpine Coaching

Alpine Guidance and Alpine Coaching are offerings for reflection, competence development and personal growth in an alpine context or in connection with mountain hikes and nature experiences.

The offerings serve guidance, reflection and development. A specific personal, professional, health-related or other success is not owed or guaranteed. Responsibility for personal decisions and their implementation remains with the participant.

Alpine Coaching is not therapy and does not serve the diagnosis or treatment of mental or physical illnesses. Alpine Guidance and Alpine Coaching do not replace medical, psychotherapeutic or alternative healing treatment.

6.8 Group and corporate assignments

In the case of group and corporate assignments, the client designates a contact person for organisational coordination with the Provider.

For the execution of guided mountain hikes, a group size of a maximum of 10 participants per appropriately qualified mountain hiking guide engaged is generally intended. In the case of a higher number of participants, an additional appropriately qualified mountain hiking guide may be engaged or commissioned, insofar as this is necessary or appropriate taking into account the specific tour, the terrain and weather conditions, and the composition of the group.

The specific group division and supervision always depend on the type and requirements of the respective offer as well as the actual conditions.

The client is responsible for passing on the organisational information provided by the Provider, in particular regarding date, meeting point, requirements, required equipment and significant changes, to the intended participants. The personal responsibility of each individual participant remains unaffected.

7.1 Priority of safety and natural risks

In the case of alpine and nature-related services, the safety of the participants takes precedence over the execution of a specific tour goal, a specific route or an originally planned programme.

Alpine activities involve natural risks that cannot be completely excluded even with careful planning and professional execution.

7.2 Changes to route and programme

The Provider is entitled to adapt the route, course, goal or programme of a personal service if this is necessary due to safety aspects or other factual circumstances. Decisions on changes or termination are made taking into account the specific conditions and based on professional assessment.

Changes or cancellations may become necessary in particular due to weather conditions, natural events, path closures, official orders, terrain and safety conditions.

There is no claim to the execution of a specific route, a specific summit or a specific programme item if a change is necessary for factual or safety-related reasons.

7.3 Cancellation before the start

The Provider is entitled to cancel a personal service before its start if its safe execution is not possible or not reasonable due to the circumstances mentioned in § 7.2 or comparable factual and safety-related circumstances. A safety- or weather-related cancellation may also occur at short notice, insofar as this is necessary due to the specific conditions.

If a service is cancelled, the Provider may offer a suitable alternative date. If the customer does not accept the alternative date or no suitable alternative date can be agreed, payments already made for the service not rendered will be refunded.

7.4 Termination or shortening

If a personal service that has already begun has to be terminated, shortened or significantly adapted for safety reasons, this may be necessary in particular due to weather, terrain, natural or group situations. Insofar as the cause lies outside the Provider's area of responsibility, there is generally no claim to a refund of parts of the service already rendered.

Statutory claims and claims based on a breach of duty for which the Provider is responsible remain unaffected.

8.1

A cancellation or withdrawal by the customer from a booked personal service must be communicated to the Provider in text form. The receipt of the declaration by the Provider is decisive for compliance with agreed deadlines.

8.2 Standard cancellation terms for consumer offerings

Insofar as no deviating special cancellation terms have been agreed in the respective offer, the following cancellation costs apply to personal offerings to consumers:

• up to 28 days before the start: free of charge
• 27 to 15 days before the start: 30% of the agreed price
• 14 to 8 days before the start: 50% of the agreed price
• 7 to 2 days before the start: 80% of the agreed price
• from 1 day before the start or in case of no-show: 100% of the agreed price

8.3 Proof of lesser damage

The customer expressly reserves the right to prove that the Provider has suffered no damage or significantly less damage as a result of the cancellation.

8.4 Corporate and group assignments

In the case of individually agreed corporate and group assignments, the cancellation terms, any cancellation costs owed and special rebooking arrangements result from the respective individual offer or contract.

8.5 Illness or personal inability to attend

Illness or other personal inability of the participant to attend generally does not give rise to an automatic claim to free cancellation. Statutory rights remain unaffected.

8.6 Substitute participants

The customer may designate a suitable substitute participant, insofar as this is possible given the nature of the service and is reasonable for the Provider in organisational and safety-related terms. The prerequisite is that the substitute participant fulfils all participation requirements and special requirements and is named in good time before the start. Appropriate additional costs actually incurred may be invoiced.

8.7 No-show and termination by the participant

In the event of a no-show, there is generally no claim to a refund, insofar as the service was offered in accordance with the contract. If a participant terminates a personal service for their own reasons, there is generally no claim to a refund of unused parts of the service. Mandatory statutory claims remain unaffected.

8.8 Rebooking

Rebooking to another date is only possible by prior agreement and subject to available capacities. There is no general claim to rebooking.

9.1

Digital products and digital offerings are made available in the form described in each case. The specific scope of provision results from the respective product description. The customer is themselves responsible for maintaining the technical requirements necessary for use.

9.2 Alpine Academy

The content of the Alpine Academy may be provided in particular in the form of guides, workbooks, training programmes, learning materials or interactive applications. It serves learning, information, reflection and training purposes. The specific scope, the type of provision and the respective access or usage duration result from the product description.

The content in particular does not replace professional training, individual tour planning, the assessment of current weather, snow and avalanche conditions, terrain and path conditions, or a situation-specific risk and safety assessment.

9.3 Digital applications

Insofar as digital applications are offered, the access duration, scope of use and any technical requirements result from the respective product description. There is no claim to additional new functions, extensions or additional content, insofar as these have not been expressly agreed. Statutory obligations remain unaffected.

9.4 Technical availability of digital offerings

The Provider endeavours to provide digital offerings as reliably and free of disruption as possible. However, uninterrupted or error-free availability at all times cannot be guaranteed, in particular due to technical maintenance work, security measures, disruptions to telecommunications networks or other circumstances outside the Provider's sphere of influence.

Statutory claims of the customer, in particular in the case of defects of digital products or digital services, remain unaffected.

9.5 Rights of use

Upon full payment, the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right of use to the purchased digital content for exclusively personal and non-commercial use.

9.6 Personal use

Insofar as this is technically enabled by the respective product, personal use includes in particular storage and printing for one's own personal use.

9.7 Copyright and intellectual property rights

The copyrights and other intellectual property rights to the content created by the Provider remain exclusively with the Provider or the respective rights holder. Without prior express consent, it is in particular not permitted to reproduce, pass on, distribute, make publicly accessible, publish, edit or exploit edits of content, or to pass on access options to third parties. Legally permitted uses remain unaffected.

10.1 General

Consumers generally have a statutory right of withdrawal for contracts concluded outside business premises and for distance contracts, unless the law provides for an exception or exclusion. The specific withdrawal information depends on the respective type of contract and is made available to the consumer in the respective ordering or booking process.

10.2 Digital content

In the case of contracts for digital content that is not supplied on a physical data carrier, the statutory right of withdrawal may expire prematurely under the statutory conditions. Insofar as express declarations by the consumer are required for the premature start of provision, these are obtained separately in the respective ordering process. Mere consent to these T&Cs does not replace the declarations required by law.

10.3 Immediate provision of digital content

Insofar as the consumer wishes the provision of digital content to begin before the expiry of an existing withdrawal period and the express consents and confirmations of knowledge required by law must be given for this purpose, these are obtained separately and in a documentable manner in the ordering process.

10.4 Services

If a statutory right of withdrawal exists for a personal service and the consumer expressly requests that the Provider begins performance before the expiry of the withdrawal period, performance begins in compliance with the statutory requirements. Any compensation for value owed is governed by the statutory provisions.

10.5 Leisure activities with a specific date or period

In the case of contracts for services related to leisure activities where a specific date or period is provided for the performance, the statutory right of withdrawal may be excluded in accordance with the statutory provisions. Whether this applies to a specific offer depends on the respective type of contract and the statutory requirements.

10.6 Withdrawal information and model form

Insofar as the consumer has a statutory right of withdrawal, they receive the withdrawal information required by law and, where applicable, the model withdrawal form in connection with the respective contract or ordering or booking process.

10.7 Electronic withdrawal function

Insofar as a statutory right of withdrawal exists for a contract concluded via an online user interface and the statutory requirements are met, the Provider provides the electronic withdrawal function required by law on its website.

11.1

The Provider is liable without limitation for damage caused intentionally or by gross negligence, as well as for damage arising from injury to life, body or health.

11.2

In the case of slightly negligent breach of essential contractual obligations, liability is limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract.

11.3

Otherwise, liability for slight negligence is excluded, insofar as this is legally permissible. Mandatory statutory liability provisions remain unaffected.

11.4 Insurance

The Provider maintains liability insurance cover within the scope of its respective insured professional activities. The scope and conditions of the insurance cover are governed by the applicable insurance contract. This information does not affect the statutory scope of any liability of the Provider.

Personal accident insurance taken out by the Provider for participants exists only if this has been expressly agreed or stated in the respective offer. Participants are generally themselves responsible for ensuring health, accident and, where applicable, rescue or repatriation insurance cover appropriate to their personal needs.

13.1 Applicable law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of their habitual residence.

13.2 Consumer dispute resolution

The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board, insofar as there is no statutory obligation to do so.

13.3 Contract language

The contract language is German.

13.4 Severability clause

Should individual provisions of these T&Cs be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid or unenforceable provision.