General terms and conditions

General Terms and Conditions (GTC) of Experience Yourself GmbH

 

By using the websites (www.experience-yourself.com, www.austriaskiguides.at,

www.austriaskiguides.de unde/or www.aktiverleben.eu etc.) and your booking with the ExperienceYourself GmbH, you accept the applicable General Terms and Conditions (GTC).

These supplement the statutory provisions of §§ 651a-m BGB (Civil Code) and the

Information for tour operators according to §§ 4-11 BGB-InfoV

(Ordinance on information and proof obligations under civil law) and fill them out.

 

Below are:

I.) the terms and conditions for arranging trips through Experience Yourself GmbH and their

Various brands they are listed under

II.) the terms and conditions in which Experience Yourself GmbH and its various brands as

tour operator appears.

I.) Arranging trips

If Experience Yourself GmbH acts as an agent for a (package) trip, a service provider (hotel, mountain school, etc.) or a provider (holiday apartment, insurance), Experience Yourself GmbH is not a contractual partner involved in providing the service. The terms and conditions of the respective organizer/provider apply with those of the customer who concludes the contract. When booking ski guiding, Experience Yourself GmbH acts exclusively as an intermediary.

 

1. Conclusion of the travel contract
   1.1 On the websites of Experience Yourself GmbH and its various brands can be booked both through a “Buy button” as well as through other indirect channels. These include written and verbal agreements.
   
   1.1.1The service is bindingly booked by the customer when he clicks the “buy button” or has clicked on the clearly labeled button in accordance with Section 312j (3) of the German Civil Code. Only with allocation and transmission of the transaction number / order number / order number by the Experience Yourself GmbH to the customer begins a contract between the customer and the respective contractual partners (organizer etc.). Deviating from this, the payment method is prepayment of the contract with successful debiting of the customer’s payment account with the full payment amount.
   
   1.1.2 The service can also be booked without a “buy button”. The customer applies for this by Filling out a contact form with a travel package offer. ExperienceYourself GmbH forwards the travel offer to the customer. Only when the customer accepts the travel offer is the arrangement binding, and Experience Yourself GmbH issues a binding declaration of acceptance (travel confirmation), forwards it to the customer, and a contractual relationship is established. Persons who are below 18 years of age, need to provide a travel registration consent form from their parents.
   
   1.1.2.1 If the content of the declaration of acceptance by Experience Yourself GmbH deviates from the content of the customer booking, there must be  a new offer from Experience Yourself GmbH to which the Experience Yourself GmbH is bound for a period of 10 days. The contract comes on the basis of this new offer if the customer accepts it within the commitment period stated, event of down payment or final payment has been received.

   1.3 The booking can be made by e-mail, Internet, orally, in writing, by telephone or by fax.

   1.4 The customer who makes the booking is responsible for all contractual obligations of fellow travelers to be responsible if he has expressly and separately declared this.
   1.5 Experience Yourself GmbH assumes no liability for the implementation or suitability

   of the travel services/offers presented on the website. The respective person is responsible for the agent with whom the customer concludes the contract.

   
   
2. Insurances
   

   There is the possibility and possibly also the necessity of the conclusion of Travel insurance, in particular

   • travel cancellation insurance,
   • a foreign health insurance,
   • luggage insurance.

   The examination of the necessity to take out and the suitability of travel insurance is the responsibility of the customer.

   
   

3. Customer Obligations

   Deficiencies in the mediation service of Experience Yourself GmbH must be reported to ExperienceYourself GmbH immediately in order to give them the opportunity to remedy the situation. If this notification is culpably omitted, any claims of the customer from the brokerage contract shall lapse, insofar as a reasonable remedy by Experience Yourself GmbH would have been possible.

   
   
   

4. Payment of the travel price

   4.1 With the conclusion of the contract and/or after the issuance of the security certificate (§ 651k paragraph 3 BGB), a deposit of 20% is due, which is offset against the travel price, at least EUR 100.00. The balance is due no later than 30 days before departure. After receipt of payment, the travel documents will be handed over. Otherwise, the terms of payment are based on the general terms and conditions of the mediated tour operator or provider.
   4.2 If the contract is concluded and the invoice is issued less than 30 days before the start of the event, payment is due immediately and without deduction in advance
   4.3 Experience Yourself GmbH reserves the right to charge additional fees that arise in relation to a booking with direct debit, credit card or PayPal or chargebacks in the case of direct debit.

    

   
   
   

5. Withdrawal by the customer (cancellation)

   5.1 The customer can withdraw from the booked trip at any time before the start of the trip. The withdrawal must be made in writing to Experience Yourself GmbH at the address given in these General Terms and Conditions.
   5.2 In the event of cancellation, Experience Yourself GmbH loses the claim to the travel price if the customer withdraws before the start of the trip or does not start the trip. Instead, ExperienceYourself GmbH is entitled to reasonable compensation for the travel preparations and expenses made up to the point of cancellation, which is calculated either specifically or as a lump sum as a percentage of the travel price as follows:

   44 to 21 days before the start of the event 30% of the travel price

   20 to 15 days before the start of the event 50% of the travel price

   80% of the travel price from 14 days before the start of the event

   100% of the travel price from 48 hours before the start of the event

   These flat rates apply unless the travel confirmation contains deviating information and unless the customer can prove that the damage was less.

   
   5.3 Experience Yourself GmbH reserves the right to demand higher, specific compensation in deviation from the flat rates mentioned in Section 7.2. In this case, Experience Yourself GmbH is obliged to quantify the costs in concrete terms.
   5.4 In the event of a corona infection, the booking can be canceled free of charge if you do not show up. Proof of the cancellation confirmation from the accommodation and proof of a corona infection of the participant are required for this. We recommend taking out additional cancellation insurance with Europäische Reiseversicherung. The cost for this is 5% of the booking amount and includes free cancellation, without giving reasons, up to 24 hours before the start of the event.
   5.5 To cover the risk of cancellation, Experience Yourself GmbH recommends taking out travel cancellation insurance (see section 2)
   
   
   
6. Liability
   6.1 The liability of Experience Yourself GmbH for damage that is not bodily harm is limited to three times the price of the mediated service, insofar as damage has occurred to the customer was not caused intentionally or through gross negligence by Experience Yourself GmbH or insofar as Experience Yourself GmbH as a travel agent is responsible for damage incurred by the customer solely due to the fault of third parties. This maximum liability applies to each traveler and journey.
   6.2 Experience Yourself GmbH is not liable for loss, destruction or damage to travel documents in connection with the shipment.

    

7. Passport, visa and health regulations
   7.1 Experience Yourself GmbH informs customers who are citizens of the European Union about the provisions of passport, visa and health regulations for the booked trip before the conclusion of the contract and about any changes before the start of the trip. Citizens of other countries can obtain information from the responsible consulate. With the information, ExperienceYourself GmbH assumes that there are no special features in the person of the customer and any fellow travelers, such as dual nationality or statelessness.
   
   7.2 Even if you have commissioned Experience Yourself GmbH to obtain the visa, Experience Yourself GmbH is not liable for the timely issue and receipt of the necessary visa by the respective diplomatic representation, unless Experience Yourself GmbH is responsible for the delay
   7.3 The customer is responsible for complying with all regulations required for the execution of the trip, such as carrying the necessary travel documents, customs, foreign exchange and other entry and transit regulations. All damages, in particular the payment of cancellation costs, which arise from non-compliance with this regulation, are to be borne by the customer, unless the damage is caused by grossly negligent or intentional incorrect or non-information by Experience Yourself GmbH.
   
   
   
8. Deadline and Statute of Limitations
   

   The customer has claims due to non-contractual provision of business management or mediation by Experience Yourself GmbH within one month after the contractual to assert the intended termination of the mediated service against Experience Yourself GmbH. In the customer’s own interest, the assertion should be made in writing. With the exception of claims arising from tort, the customer’s claims against Experience Yourself GmbH expire one year after the contractually agreed termination of the mediated service.

9. Other Provisions

   Should individual provisions of the brokerage contract, in particular these General Terms and Conditions, be ineffective, the validity of the remainder of this contract shall not be affected. German law applies to the contract concluded between Experience Yourself GmbH and the customer.

   Intermediary:

   Experience Yourself GmbH

   Managing Director Thomas Bruder

   Kirnbach 12, 77736 Zell am Harmersbach, Germany

   Phone: +43 660 7397823

   Email: info@experience-yourself.com

   As of October 2022

   
   
   
   
   II.) Travel arrangements

 

1. Conclusion of the travel contract

   1.1 By registering, the customer makes a binding offer to Experience Yourself GmbH to conclude a travel contract. The contract comes about through acceptance by Experience Yourself GmbH. The basis of the travel offer is the travel description and the additional information from Experience Yourself GmbH for the respective trip. Persons who have not yet reached the age of 18 require a declaration of consent from their parents to make a travel registration.
   1.2 If the content of the declaration of acceptance by Experience Yourself GmbH differs from the content of the customer booking, Experience Yourself GmbH has made a new offer to which Experience Yourself GmbH is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the customer declares acceptance by express declaration, down payment or final payment within the commitment period.
   1.3 The booking can be made by e-mail, Internet, orally, in writing, by telephone or by fax.
   1.4 The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking as for his own, provided that he has accepted this obligation through an express and separate declaration.
   1.5 Service providers (e.g. hotels, mountain schools, etc.) are not authorized to make agreements, to provide information or to make assurances that change the agreed content of the travel contract.
   1.6 Information (e.g. hotel brochures) that is not issued by Experience Yourself GmbH is not binding for Experience Yourself GmbH and its obligation to perform, unless they are expressly agreed with the customer on the subject of the travel advertisement or on the content of Experience Yourself’s obligation to perform GmbH were made.
   
   
   
2. Insurances
   

   It is possible and possibly also necessary to take out travel insurance, in particular

   • travel cancellation insurance,
   • a foreign health insurance,
   • luggage insurance.

   It is the sole responsibility of the customer to check whether it is necessary to take out travel insurance and whether it is suitable.

3. Payment of the travel price
   3.1 Upon conclusion of the contract and after delivery of the security certificate (§ 651k paragraph 3 BGB), a deposit of 20% of the travel price is due, which is offset against the travel price, but at least EUR 100 per traveler. The balance is due no later than 30 days before departure. After receipt of payment, the travel documents will be handed over.
   3.2 If the contract is concluded and the invoice is issued less than 30 days before the start of the event, payment is due immediately and without deduction in advance.
   3.3 Experience Yourself GmbH reserves the right to charge additional fees that arise in relation to a booking with direct debit, credit card or PayPal or return debits in the case of direct debit.
   
4. Service changes
   4.1 Changes or deviations of essential travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about by Experience Yourself GmbH in bad faith, are only permitted if these changes are not significant and do not affect the overall design of the trip.
   4.2 In the event of a significant change to an essential travel service, the customer is entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least the same value if Experience Yourself GmbH is able to offer this trip from its range at no additional cost to the customer. After the declaration of change by Experience Yourself GmbH, the customer must assert his rights immediately.
   
   
   
5. Price changes
   5.1 Experience Yourself GmbH reserves the right to change the price agreed with the travel price in the event of an increase in transport costs or charges for certain services, such as ski passes, etc., or a change in the exchange rates applicable to the trip in question, to the extent how the increase in cost factors affects the price of the trip.
   5.2 This reservation only applies if there are more than four months between the conclusion of the contract and the start of the trip.
   5.3 A price increase is only permissible if it is declared by the 21st day before the agreed travel date. In the event of price increases of more than 5%, the customer is entitled to withdraw from the travel contract without costs or to request participation in a trip of at least the same value if Experience Yourself GmbH is able to offer this trip from its range at no additional cost to the customer. After the declaration of change by Experience Yourself GmbH, the customer must assert his rights immediately.
   
   
6. Extraordinary Circumstances – Force Majeure
   6.1 If the trip is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded (e.g. natural disasters, etc.), both the customer and Experience Yourself GmbH can terminate the travel contract. Experience Yourself GmbH will immediately refund the travel price paid by the customer, less a reasonable compensation for travel services rendered or to be rendered at the end of the trip. In the event of termination, the customer is also entitled to the rights under Section 5.3.
   6.2 If the cancellation is made after the start of the trip, Experience Yourself GmbH is obliged to take the necessary measures, in particular to transport the traveler back if this is contractually agreed. The parties shall bear half of the additional costs for the return transport, the remaining additional costs shall be borne by the customer.
   
   
7. Eligible participants/ bad weather regulation
   7.1 Anyone who is healthy and meets the special requirements of the respective event is entitled to participate in the events.
   7.2 Experience Yourself GmbH or its representatives or vicarious agents are entitled to exclude customers at the beginning or during the event who are named under paragraph 1 do not meet requirements. A refund of the event fee is excluded in these cases.
   7.3 Weather or weather-related event cancellations are subject to the exclusive decision of Experience Yourself GmbH. In this case, the customer receives a voucher that entitles him to visit an equivalent event of his choice within two years.
   
   
   
8. Offer, conclusion of contract, rental equipment and scope of services
   8.1 The offer of Experience Yourself GmbH is non-binding.
   8.2 Rental equipment that is rented out by the organizer and is demonstrably damaged or returned improperly must be replaced in full. Whether this takes place as part of an event or not is irrelevant.
   8.3 All events are prepared conscientiously, precisely and carefully by Experience Yourself GmbH. Any further success of any kind, in particular a summit success or other subjective ideas that the customer associates with the event, is expressly not owed.
   8.4 In order to ensure safety, the courses and trips described are to be regarded as suggestions. The respective representative of Experience Yourself GmbH is entitled to change the program on site as soon as the weather conditions, avalanche danger, lack of fitness or other safety-related aspects give reason to do so. The final decision is made by the representative of Experience Yourself GmbH.
   
   
   
9. Withdrawal by the customer (cancellation)
   9.1 The customer can withdraw from the booked trip at any time before the start of the trip. The withdrawal must be declared in writing to Experience Yourself GmbH at the address given in these General Terms and Conditions.
   9.2 In the event of cancellation, Experience Yourself GmbH loses the claim to the travel price if the customer withdraws before the start of the trip or does not start the trip. Instead, Experience Yourself GmbH is entitled to reasonable compensation for the travel preparations and expenses made up to the time of cancellation, which is calculated either specifically or as a lump sum as a percentage of the travel price as follows, insofar as it is not responsible for the cancellation or there is a case of force majeure :

   44 to 21 days before the start of the event 30% of the travel price

   20 to 15 days before the start of the event 50% of the travel price

   80% of the travel price from 14 days before the start of the event

   100% of the travel price from 48 hours before the start of the event

   These flat rates apply unless the travel confirmation contains deviating information and unless the customer can prove that the damage was less.

   9.3 Experience Yourself GmbH reserves the right to demand higher, specific compensation in deviation from the flat rates mentioned in Section 7.2. In this case, Experience Yourself GmbH is obliged to quantify the costs in concrete terms.
   9.4 In the event of a corona infection, the booking can be canceled free of charge if you do not show up. Proof of the cancellation confirmation from the accommodation and proof of a corona infection of the participant are required for this. We recommend taking out additional cancellation insurance with Europäische Reiseversicherung. The cost for this is 5% of the booking amount and includes free cancellation, without giving a reason, up to 24 hours before the start of the event.
   9.5 To cover the risk of cancellation, Experience Yourself GmbH recommends taking out travel cancellation insurance (see section 2)
   
   
10. Services not used
    

    If the customer does not use individual travel services due to early return due to illness or other reasons, there is no entitlement to a pro rata refund. However, Experience Yourself GmbH will endeavor to reimburse the service providers for any saved expenses, provided that the services are not insignificant.

11. Withdrawal or termination of the travel contract by Experience Yourself GmbH

    11.1 Experience Yourself GmbH can withdraw from the travel contract if the customer has paid the deposit and/or The remaining payment after a reminder with a deadline is not made in accordance with the agreed due dates. According to Section 7.2, cancellation costs will be incurred.
    11.2 Experience Yourself GmbH can withdraw from the travel contract because the minimum number of participants has not been reached if:
    • in the travel description of the trip concerned, the minimum number of participants and the time by which the customer received the declaration of withdrawal before the start of the trip was named and;
    • these conditions were clearly referred to in the travel confirmation.

    A travel cancellation must be received by the customer no later than the 7th day before the agreed start of travel. Should it become apparent earlier that the minimum number of participants cannot be reached, the right of withdrawal will be exercised immediately. If the trip is not carried out, any payment made will be refunded immediately.

    11.3 Experience Yourself GmbH can terminate the travel contract without notice if the customer persistently disrupts the execution of the trip despite a warning or if he behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. In this case, Experience Yourself GmbH reserves the right to claim the travel price, but must allow the value of saved expenses to be credited, as well as those advantages that Experience Yourself GmbH derives from other uses of those not used by the customer achievements achieved.
    
    
    
12. Coupons/vouchers
    12.1 All vouchers issued for Experience Yourself GmbH are subject to statutory regulations and generally expire after a period of 3 years. Vouchers will be paid out less a processing fee of EUR 50.
    
    
13. Customer Obligations
    13.1 The customer is obliged to cooperate in the event of disruptions in performance within the framework of the statutory provisions in order to avoid or minimize any damage.
    13.2 In particular, the customer is obliged to notify the local tour guide immediately of any travel defects that have occurred. The latter is commissioned to take remedial action if this is possible. If there is no local tour guide, the request for remedy must be sent directly to Experience Yourself GmbH.
    13.3 If a trip is significantly impaired by a travel deficiency and Experience Yourself GmbH does not remedy the situation within a reasonable period of time, the customer can terminate the travel contract within the framework of the statutory provisions. We recommend the written form. The same applies if the customer cannot be expected to take the trip as a result of a defect for an important reason that the organizer can identify. It is only not necessary to set a deadline for remedy if remedy is impossible or is refused by the organizer or if the immediate termination of the contract is justified by a special interest of the customer that is recognizable to the organizer.
    13.4 If the customer culpably fails to report a travel defect, he is not entitled to any claims.
    
14. Liability
    14.1 If there is a defect, the customer can demand compensation for damages without prejudice to the reduction in the price of the trip (reduction) or cancellation, unless the defect is due to the trip on a circumstance for which Experience Yourself GmbH is not responsible. He can also demand compensation for useless vacation time if the trip has been foiled or significantly impaired.
    14.2 The liability of Experience Yourself GmbH for damage that is not bodily harm is limited to three times the price of the mediated service, insofar as damage incurred by the customer was not caused intentionally or through gross negligence by Experience Yourself GmbH or insofar as Experience Yourself GmbH is solely responsible for damage incurred by the customer due to the fault of a third party.
    14.3 For all claims for damages against Experience Yourself GmbH based on tort, which are not based on intent or negligence, Experience Yourself GmbH is liable for property damage limited to three times the travel price. The maximum liability applies to each travel participant and trip. Claims that may go beyond this in connection with baggage under the Montreal Convention remain unaffected by the restriction. This maximum liability applies to each traveler and journey.
    14.4 Experience Yourself GmbH is not liable for service disruptions or personal injury or damage to property in connection with third-party services that were only mediated (e.g. applications, events, etc.) and these services are clearly marked in the travel description.
    14.5 Experience Yourself GmbH is not liable for loss, destruction or damage to travel documents in connection with the shipment.
    14.6 Do international conventions or legal regulations based on such apply to a travel service to be provided by a service provider, according to which a claim to If compensation for damages only arises under certain conditions or restrictions or can be asserted or is excluded under certain conditions, Experience Yourself GmbH can refer to this.
    
    
15. Deadline and Statute of Limitations
    15.1 Claims for non-contractual provision of the trip by Experience Yourself GmbH must be made by the customer to Experience Yourself GmbH within one month after the contractually agreed end of the arranged service. In the customer’s own interest, the assertion should be made in writing. After the deadline, the customer can only assert claims if he was prevented from meeting the deadline through no fault of his own. However, damage to baggage, delayed baggage delivery or loss of baggage in connection with flights must be reported in accordance with Clause 11.5.
    15.2 The contractual claims of the customer due to defects in the trip according to §§ 651c to 651f BGB expire in one year. The statute of limitations begins on the day on which the trip should end according to the contract. The statute of limitations is suspended in negotiations about the claim until the customer or Experience Yourself GmbH refuses to continue the negotiations. The statute of limitations begins at the earliest 3 months after the end of the suspension. Actions are subject to the limitation period of three years.
    
    

16. Passport, visa and health regulations

    16.1 Experience Yourself GmbH informs customers who are citizens of the European Union about the provisions of passport, visa and health regulations for the booked trip before the conclusion of the contract and about any changes before the start of the trip. Relatives of other competent consulate information. With the information, Experience Yourself GmbH assumes that there are no special features in the person of the customer and any fellow travelers, such as dual nationality or statelessness.
    16.2 Even if you have commissioned Experience Yourself GmbH to obtain the visa, Experience Yourself GmbH is not liable for the timely issue and receipt of the necessary visa by the respective diplomatic representation, unless Experience Yourself GmbH is responsible for the delay.
    16.3 The customer is responsible for complying with all regulations required for the execution of the trip, such as carrying the necessary travel documents, customs, foreign exchange and other entry and transit regulations. All damages, in particular the payment of cancellation costs, which arise from non-compliance with this regulation, are to be borne by the customer, unless the damage is caused by grossly negligent or intentional incorrect or non-information by Experience Yourself GmbH.
    
    
17. Privacy
    17.1 All personal data is collected and processed in accordance with the German statutory data regulations. Only such personal data are collected and forwarded to partners that are necessary to process your trip. These and our employees are sworn to secrecy by Experience Yourself GmbH.
    17.2 We would also like to inform you in writing about current offers in the future, unless we can tell that you do not want this. If you do not wish to be sent information, please contact Experience Yourself GmbH at the address below, quoting the keyword “data protection”.
    
    

18. Rights to photos and videos

    18.1 Photos and films made either by the guides or by representatives of Experience Yourself GmbH or by other participants during the event can be made available for download on our homepage. These photos and films can also be published on social media platforms. If you do not agree to this, this must be communicated to the organizer in writing after the end of the event – also by e-mail. If no notification is made, the organizer assumes that you agree to the provision and publication.
    
    
19. Final Provisions
    19.1 Should one or more provisions of the contract be or become invalid, this does not affect the validity of the rest of the contract. The contracting parties shall replace the ineffective provision with an effective provision that corresponds to the economic sense and purpose of the contract.
    19.2 Oral ancillary agreements are deemed not to have been made. Amendments and supplements to the contract must be in writing.
    19.3 This agreement and the entire legal relationship between the contracting parties are subject to the law of the Federal Republic of Germany.
    19.4 The exclusive place of jurisdiction for all disputes that are directly or indirectly related to this contract is – to the extent permitted – the district court of Freiburg im Breisgau (Baden-Württemberg), regardless of which of the two contracting parties files a suit.
    
    
    

    Organizer:

    Experience Yourself GmbH

    Managing Director Thomas Bruder

    Kirnbach 12, 77736 Zell am Harmersbach, Germany

    Phone: +43 660 7397823

    Email: info@experience-yourself.com

    As of October 2022