Whether ordering on the Internet, renting a holiday home, opening an account or shopping in a shop: There are always “General Terms and Conditions”, the notorious “small print”, which you can use because of its size and very formal language often no longer reads at all. There must also be general terms and conditions in your bike shop. You rightly expect a particularly high level of customer friendliness from us. You get that too, thanks to our extensive service guarantees. Nevertheless, you and we cannot avoid a minimum of bureaucracy.
That is why we have tried to make our terms and conditions as understandable as possible – although the legal requirements set us strict limits.
If you have any questions about the small print, please do not hesitate to contact us.
Your dedicated Team at Bike Austria
GENERAL TERMS AND CONDITIONS FOR OUR SHOP
OUTDOOR AUSTRIA GMBH, STAMPFERAU 50, 5730 Mittersill
§ 1 Conclusion of contract / prices / payment
The buyer is bound to the order for 4 weeks.
The purchase price is due when the purchase item is handed over, at the latest when the invoice is sent.
The services provided for the preparation of a repair cost estimate can be invoiced to the client if this has been agreed in individual cases. If an order is placed on the basis of a cost estimate, the costs will be charged. The total price stated in the cost estimate may only be exceeded with the consent of the client.
The buyer can only offset against the claims of the seller or assert a right of retention if the counterclaim of the buyer is undisputed or a legally binding title exists for this.
Cancellation of the order by buyer after payment will result in a refund in the payment less any non-refundable fees (bank, Paypal, etc).
§ 2 Delivery and delay in delivery
4 weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, the buyer can request the seller in writing to deliver within a reasonable period. With this reminder, the seller is in default. In addition to delivery, the buyer can only demand compensation for the damage caused by delay if the seller is guilty of willful intent or gross negligence. The seller is not liable if the damage had occurred without delay.
If a delivery date designated in writing as binding or a binding delivery deadline is exceeded, the seller is in default when the delivery date is exceeded. The buyer’s rights are then determined by the statutory provisions.
The manufacturer / importer reserves the right to make changes in construction and shape, deviations in color and changes to the scope of delivery during the delivery period, provided that the changes are reasonable for the buyer. The seller undertakes to notify the buyer of significant, recognizable changes to the object of purchase.
If the scope of work changes compared to the original order during a repair and this results in a considerable delay, the contractor must inform the client of the reason and the completion date.
§ 3 Acceptance
If the buyer does not accept the purchase item within 14 days of receipt of the notification of readiness, the loss must be withdrawn from the contract or replacement due to non-performance after setting a grace period of 14 days.
If the damage demands compensation, this 20% of the purchase price. Compensation for damages is the loss of a buyer or damage.
If the buyer defaults on payment, the contract can be withdrawn from the contract. If the seller has a claim for damages and takes these goods back, the return value is the personal general value at the time of return, which in the event of a dispute will be made by a sworn expert at the request and expense of the buyer.
If the object of purchase is subject to a function test or test drive prior to the purchase of the agent (s), the buyer is liable for the rights that have become.
Items to be repaired are to be picked up at a one-week confidence meeting or notification of completion. Any further storage costs and risks are borne by the client.
§ 4 Retention of Ownership
The seller retains ownership of the goods delivered until they have been paid for in full.
As long as there is retention of title, the buyer is not authorized to assign or pledge the goods.
§ 5 Material defect
Claims of the buyer due to material defects expire in accordance with the statutory provisions within 12 months from delivery of the goods. Deviating from this, a limitation period of 6 months applies if the customer is an entrepreneur who, when concluding the contract, is engaged in commercial or independent professional activity.
If there is a defect, the buyer has the right to have the defect rectified or a replacement delivery, provided this is reasonable. If the elimination of the defect or a replacement delivery is impossible or unreasonable, the buyer has the right to withdraw from the purchase or to demand a reduction in price. In the event of withdrawal from the purchase contract, the seller can demand compensation for use.
When withdrawing from the purchase contract, the seller can demand compensation for expenses and use for the use of the purchased item.
When selling used products, the buyer’s claims for material defects expire in accordance with the statutory Provisions within 12 months from delivery of the goods. Notwithstanding this, the sale of used goods takes place under the exclusion of any liability for material defects if the customer is an entrepreneur who, when concluding the contract, is engaged in commercial or independent professional activity
In the case of repair work, claims by the customer due to material defects become statute-barred 12 months after acceptance of the repair item.
In principle, the buyer is obliged to provide evidence of a possible material defect to the seller if the fault is related to the fact that:
the buyer continued to use the purchased item despite an error and thereby caused additional damage or
the object of purchase has been handled improperly or overused (e.g. in sports competitions if the object of purchase is not expressly intended for this) or
the object of purchase has previously been repaired, serviced or cared for in a company that is not suitable for support and the defect may have been caused or expanded as a result.
Parts have been built into the object of purchase whose use has not been approved by the seller or the object of purchase has been changed in a manner not approved by the seller, or
the buyer has not followed the regulations on the handling, maintenance and care of the object of purchase (e.g. operating instructions).
If this proof is not possible for the buyer, there are no warranty obligations on the part of the seller.
Ordinary wear and tear is excluded from the liability for material defects.
§ 6 Liability
The personal liability of the legal representatives, vicarious agents and employees of the seller for damage caused by them through slight negligence is excluded.
If the seller has to pay for damage caused by slight negligence due to legal regulations and these terms and conditions, he is liable to a limited extent and only if essential contractual obligations are breached. Liability is limited to typical damage foreseeable when the contract was concluded. The limitation of liability does not apply to injury to body, life or health.
In the event of loss or damage, liability is only assumed for items loosely connected to bicycles or parts that remain in the bicycle shop in the event of intent or gross negligence.
§ 7 Jurisdiction: For all legal disputes arising from the business relationship between the guide and the guests, the factually and locally competent court is our seat in the location of Outdoor Austria GmbH, 5730 Mittersill, district court Zell am See.
§ 8 Choice of law: Austrian law applies.
§ 9 Legal validity Should individual provisions of these terms and conditions be ineffective, this shall not affect the validity of the remaining provisions or the entire legal transaction. The ineffective condition must be replaced by one that comes closest to it economically.
GENERAL TERMS AND CONDITIONS FOR OUR SERVICES
OUTDOOR AUSTRIA GMBH, STAMPFERAU 50, 5730 Mittersill
§ 1 General: Unless expressly agreed otherwise, our terms and conditions apply to all transactions between Outdoor Austria GmbH and Bike Austria and the customer. The object of the company is the operation of a mountain bike school. This includes, in particular, services such as teaching the skills and knowledge of mountain biking (without guarantee of a specific training success) as well as guiding and accompanying mountain biking.
§ 2 Helmet compulsory: Helmets are compulsory on all tours. Gloves are also expressly recommended.
§ 3 First aid: Everyone provides first aid according to his ability and supports the bike guide in carrying out the measures or follows the instructions of the requested rescue / mountain rescue.
§ 4 General conditions of participation The contractual partner must truthfully and comprehensively inform Outdoor Austria GmbH about his abilities and experience in mountain biking and independently ensure that equipment is state-of-the-art and the external conditions. He also has to inform Outdoor Austria GmbH comprehensively about his physical abilities, in particular his state of health and any ailments. Before the start of the lesson, the contractual partner must independently arrange for a specialist company to check the equipment. The group division for tours and technical training is carried out by Outdoor Austria GmbH. If the participant needs to be downgraded, the contractual partner must follow this decision. Otherwise Outdoor Austria GmbH is entitled to terminate the contract. The contractual partner must follow the instructions given to him by Outdoor Austria GmbH. Disregarding a warning entitles Outdoor Austria GmbH to terminate the contract immediately. Participation in the services of Outdoor Austria GmbH under the influence of alcohol or drugs entitles Outdoor Austria GmbH to terminate the contract immediately. In the cases of contract termination described, the contractual partner is not entitled to reimbursement of the remuneration paid.
§ 5Registration: Every registration is binding.
§ 6Terms of payment: If no other written agreements have been made, for contracts that come about via the Internet, fax or other means of remote communication, payment of the total amount must be made to the specified bank account 5 calendar days after receipt of the written order confirmation. The final billing takes place immediately before the start of the services. For contracts concluded at the place of performance, the fee for the service to be performed must be paid in cash before the tour. In the event of default in payment by the purchaser, we are entitled to charge default interest of 12% annually; this does not affect claims for compensation for higher interest.
§ 7 Minimum number of participants: The trip can generally only be carried out if the minimum number of participants specified in the catalog is reached. If the minimum number of participants is not reached, we are entitled to withdraw from the contract up to 14 days before the start of the journey. You will then immediately receive back payments that have already been made; no further claims exist against us.
§ 8 Our services: The scope of the services results from the information in the description. The description shows the planned tour without guaranteeing the exact process in detail. Minor changes to the services, e.g. the specified routes and / or overnight stays, as well as changes to the itinerary for weather-related and organizational reasons are possible.
§ 9 Penalties: Since some of the tours take place on hiking trails, private roads, tractor and cart paths, etc., friendly, courteous behavior towards the owners, hunters, foresters, police, etc. is necessary. If penalties are due, they will be divided equally between the entire group.
§ 10 Liability provisions: We are not liable for damage caused by failure to follow instructions from the bike guide or failure to comply with the relevant road traffic regulations. Participation is at your own risk. The participant is responsible for compliance with the relevant legal provisions. The participant waives all claims against the bike guide. The participant declares that he has been informed that there are specific dangers associated with mountain biking. (Road and path conditions, sudden obstacles, unsecured roads and roadsides, etc.). Sudden obstacles, motor vehicle traffic, etc. can also be expected on the forest roads. The road traffic regulations apply. The participant declares that they are healthy and productive. He will inform the bike guide immediately if any impairments occur. It is recommended that you take out accident and rescue insurance. No liability is accepted for damage caused by the transport of bicycles and luggage. A corresponding liability insurance exists.
§ 11 Tour cancellation: A participant who leaves the group prematurely – for whatever reason – has no right to a refund of the fee he has paid. Bikeguide.Tirol is entitled to terminate the service contract with immediate effect if the participant does not pay the invoice presented to him upon request within a reasonable period.
If the fulfillment of the contract becomes impossible due to an event that is considered to be force majeure, the contract will be terminated. Bikeguide.Tirol undertakes to return the payment already received on a pro-rata basis, so that no profit is drawn from the event (Section 1447 ABGB).
§ 12 Warranty The contractual partner must immediately report any complaints on site in one of the offices in order to remedy the situation. In the event of culpable failure to report, there is no entitlement to a reduction in the fee.
§ 13 Withdrawal: For bike reservations and private bookings, withdrawal from the contract is possible no later than 14 days before the start of the course without incurring a cancellation fee. If, on the other hand, the cancellation takes place at a later point in time, Outdoor Austria GmbH is entitled to withhold the 50% deposit.
With regard to group courses and tours, payments already made can only be reimbursed in the event of an accident or illness, with a medical certificate from a local doctor. The amount to be refunded will be recalculated on the basis of the services actually provided for this period. This will reduce the total amount, but higher daily rates may be charged.
In the event of withdrawal during an ongoing service or failure to appear on the agreed date, no refund will be given. If the weather conditions do not guarantee the performance of the service for safety reasons, Outdoor Austria GmbH reserves the right to postpone or cancel the services. Only in the case of cancellation does Outdoor Austria GmbH have the obligation to repay the pro-rata fee; the contractual partner is not entitled to any further claims.
Camps (Girl Power Camp, Junior Camps, Enduro & Freeride Camps, …): When booking the event, the entire amount is due within 5 working days. If you are unable to attend the booked camp, it can be canceled at any time (please in writing).
The following fees apply in the event of cancellation:
up to the 30th day before departure 50%
from the 24th day before departure 60%
from the 17th day before departure 70%
from the 10th day before departure 90%
from the 3rd day before the start of the trip up to the day of the start of the trip or if the trip is not started 100% of the travel price.
§ 14 Foto- Filmmaterial Outdoor Austria GmbH reserves the right to make photo films or advertising recordings for advertising, sponsorship and information purposes. The participants have no claims to remuneration for the use of this recording material.
§ 15 Jurisdiction: For all legal disputes arising from the business relationship between the guide and the guests, the factually and locally competent court is our seat in the location of Outdoor Austria GmbH, 5730 Mittersill, district court Zell am See.
§ 16 Choice of law: Austrian law applies.
§ 17 Legal validity Should individual provisions of these terms and conditions be ineffective, this shall not affect the validity of the remaining provisions or the entire legal transaction. The ineffective condition must be replaced by one that comes closest to it economically.
Outdoor Austria GmbH
Tel.Nr: +43 660 456 2881
Email: [email protected]
Bank: Sparkasse Mittersill Bank AG
IBAN-Nr: AT89 2040 2000 0100 3094