GTC's
GENERAL TERMS AND CONDITIONS of Adventure Water

1. scope of application, service content:

Adventure Water provides its services exclusively on the basis of the following General Terms and Conditions (GTC).

The GTC's apply to all legal relationships between Adventure Water and the guests, even if they are not expressly referred to.

This contract includes all obligations as a Tyrolean canyon guide to guide a guest on a specific tour. In return, the latter undertakes to pay the fee, unless gratuitousness has been expressly agreed.
The requirements stated in the programs or tour descriptions must be fulfilled by the participant.

Each guest is responsible for the condition and maintenance of any equipment he or she may have brought along, as well as for his or her own state of health. In order to assess the suitability of the individual guest for the planned tour, the guest agrees to provide Adventure Water with truthful information.
Due to the legal obligation, the canyon guide has to make sure that the guests are sufficiently and appropriately equipped before the start of a tour.

The gorge guide reserves the right to refuse to guide persons who are inadequately equipped or obviously not up to the difficulties of the planned undertaking.

In this case, there is no right to a refund of the fee.
Despite the best tour planning and guidance, no unlimited guarantee of success can be given for the achievement of the planned program goals or tour experience. Decisions regarding the choice between several route variants, the continuation and termination of the tour, the insertion of breaks and their lengths, the decision regarding the use of equipment are the sole responsibility of the canyon guide.
No claims for compensation can be made for tours omitted for safety reasons (such as falling rocks, landslides, high water levels, crashes, weather changes, etc.) or through the fault of the participant.
Damages from loss or repair costs of damages to the rental equipment, which exceed normal wear and tear, are to be replaced by the participant.
Due to the special responsibility for the correct execution of the tour, the guests commit themselves with the confirmation of the reservation to submit to the instructions of the canyon guide, which he gives in his function as responsible and knowledgeable leader of the tour.

Should these be ignored by the guests, Adventure Water and the gorge guide cannot be held responsible for any consequences arising from this.

2. conclusion of the contract:

The contract between the guest and Adventure Water is concluded when there is agreement on the essential elements of the contract (goal/purpose of the undertaking, fee, time and the number of people to be guided, etc.). The booking can be made in writing or verbally.

Telephone bookings are legally binding.

In case of simultaneous registration of several participants, the person who makes the registration is liable for the payment of the invoice amount.

Acting in one's own name is presumed. Furthermore, when a booking is made for the guiding of a canyoning tour with several persons, all guests are jointly and severally liable for the fee claim.

The canyon guide reserves the right to change the training and tour program at any time due to unforeseeable

and tour program at any time due to unforeseen circumstances.

Due to the dependence on weather conditions or other unforeseeable circumstances, the originally planned tour course cannot always be guaranteed.

With the registration a deposit of 30% is to be paid, the balance is to be received at the latest 14 days before tour start on the indicated account free of deductions and charges.

In consultation and with the mutual agreement of Adventure Water, cash payment can also be arranged on site, before the start of the tour.

Card payment can also be arranged on site and before the start of the tour.

Bank details:

Bank: Sparkasse Elbigenalp

Kontoempfänger: Stephanie Falger

Iban: AT50 2050 9000 0028 6237

BIC: SPREAT21XXX

3. change in the person of the guest:

If the guest is prevented from starting the tour, he/she may transfer the contractual relationship to another person, provided that this person fulfills all conditions for participation and Adventure Water is notified of the transfer within a reasonable period of time before the canyoning tour. The transferor and the transferee are jointly and severally liable for the unpaid fee and, if applicable, for any additional costs incurred as a result of the transfer.

A refusal of the transfer by Adventure Water is possible for objectively justified reasons.

4. Minimum number of participants:

In principle, all events can only be carried out if the specified minimum number of participants is reached.

If this is not the case, Adventure Water is entitled to withdraw from the contract up to 7 days before the start of the event.

The fee already paid will be refunded in full.

If the guest nevertheless insists on the execution of the event, a new offer with a recalculated price can be submitted. If the guest agrees with the recalculated price, a new contract is concluded. However, there is no obligation on the part of Adventure Water to re-implement the event.

5. insurances:

The canyon guide has the legally required liability insurance.

Any private insurances (e.g. accident insurance) in connection with the planned tour are to be taken out by the guests themselves.

In this context it is pointed out that in case of helicopter or mountain rescue operations very high costs can arise, which are usually not covered by the responsible social security institutions and therefore have to be paid by the guest concerned.

Therefore, the conclusion of a mountain costs insurance is expressly recommended.
In principle, there is no cancellation insurance.

The guest himself is responsible for compliance with any passport, visa, customs, foreign exchange and health regulations at his own expense.

6. Warranty:

The guest has a warranty claim in the event of non-performance or defective performance. The guest agrees that instead of his claim for cancellation or price reduction, a defect-free service will be provided within a reasonable period of time, if this is possible.

In order to carry out the improvement during the ongoing canyoning tour, the guest is in any case obliged to notify the guide.

If a disturbance of the service is justified in the sphere of the guest, as for example an impairment of health (e.g. lack of condition, etc.), the guest cannot derive any claims from it.

7. compensation for damages:

In the event of a culpable breach of an obligation arising from the contractual relationship, Adventure Water is liable to compensate the guests for the resulting damages within the scope of the liability insurance for personal injury, property damage and financial loss, provided that all other legal requirements are met.

Adventure Water is liable to compensate the guests for the resulting damages within the scope of the legally obligated liability insurance for personal injury, property damage and financial loss.

Adventure Water is not liable in case of slight negligence.

Also excluded are claims for compensation for loss of vacation enjoyment. Any compensation for damages is limited to the amount of the liability insurance sum existing at that time.
Apart from the legal liability facts, the guests take part in the canyoning tours at their own risk.

A considerable degree of prudence is therefore required of each guest. The canyoning guide cannot assume any responsibility in case of accidents, damages or other irregularities that occur due to the realization of alpine dangers (such as danger of falling, cold, falling rocks, etc.).

This is expressly accepted by the guest with his registration.
All events are prepared and guided to the best of our knowledge and belief.

For tour success or fulfillment of subjectively imagined destinations can not be guaranteed. It is in the nature of the event that a certain residual risk and uncertainty remains for the guest.

An appropriate tour preparation through endurance sports, appropriate technical training and personal prudence reduces the risk of accidents and is therefore strongly recommended to every guest.

Furthermore, the canyon guide or Adventure Water is not liable for the loss of personal items carried on the tour. These are for example: jewelry, watches, cameras, piercings and the like.

8. withdrawal from the contract:

The guest has the right to withdraw from the contract in writing at any time. In case of cancellation at least 90 days before the start of the program, no costs will be incurred. Cancellation at a later date will incur the following costs:

§ up to 30 days before tour start 10% of the fee, but at least 50 Euro handling fee

§ 29th to 14th day before the start of the tour 25%.

§ 13. to 9. day before tour start 50%

§ up to 5. day before tour start 75%

§ from 24 hours before start 100% of the respective fee.

In addition, possible cancellation costs of hotels, vacation apartments or huts etc. have to be paid by the participant.

It is recommended to take out a cancellation insurance.

If the place made free by the cancellation can be resold, there are no costs. Changes of date are valid like cancellation and new registration.
If a guest is absent from 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 also due to a reason caused by force majeure, 75% of the guide fee plus any expenses may be retained by Adventure Water.

9. withdrawal of the gorge guide and Adventure Water:

If the gorge guide must withdraw from the contract due to unusual and unforeseeable events over which he had no control and the consequences of which could not have been avoided despite the exercise of due diligence, the guest must reimburse the expenses incurred to date.

Such events include government orders, strikes, war or war-like conditions, natural disasters, epidemics, pandemics, weather conditions, etc.. The part of the management fee that exceeds the reimbursement of expenses will be refunded.

10. Cancellation by Adventure Water after the start of the tour:

Adventure Water will be released from the provision of services if a guest during a tour - regardless of a warning - permanently disturbs the execution of the tour or endangers others through improper and grossly careless behavior.
In this case, the guest is obliged to compensate Adventure Water, if he/she is at fault. In such a case, the guide fee will not be refunded.

11. changes to the contract:

Adventure Water reserves the right to increase the fee confirmed with the booking for reasons beyond Adventure Water's control, if the date is more than three months after the conclusion of the contract. Such reasons are, for example, the change of possible transportation or walking costs, the exchange rates to be applied for the realization of the tour.

Changes in the program due to changes in the weather, other alpine dangers as well as weaknesses in the condition of the individual guests and other reasons are reserved for all tours.

According to the applicable mountain guide law, the canyon guide is obligated to cancel a tour if unforeseeable special circumstances arise in which the physical safety of his guests appears to be at risk. The guests can therefore not claim any compensation from Adventure Water due to these circumstances. In this case, the decision must be based on the weakest guest and the other guests of the tour share the same fate.

The principle of personal execution of the contract applies. In the event that the guest is prevented from taking part in the tour for important reasons (e.g. illness, death in the family, etc.), Adventure Water is entitled to transfer the tour to a third party.

The guest expressly agrees to this possibility of transfer. In such a case, liability is limited to any fault in the selection.

12. providing information to third parties:

Information about the names of the guests as well as the places of stay will not be provided to third persons, even in urgent cases, unless the guests have expressly requested that information be provided. The costs arising from the transmission of urgent messages shall be borne by the traveler.

13. Data Protection and Advertising:

Adventure Water is entitled to process and store personal data within the framework of the execution of the contract and purposes arising from the contract. Furthermore, when booking, the guest expressly agrees to pass on personal data to course instructors, participants and accommodation. By participating in an event, the participant agrees that videos and photos taken of him/her during the undertaking may be used for promotional purposes by Adventure Water.

14. final provisions:

Austrian law shall apply to the exclusion of the conflict of laws rules. Should individual provisions of the contract with the Guest, including these General Terms and Conditions, be 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 the economic purpose of the invalid provision.

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