1. Scope and Servcies

Scope and Services Hiking and snowshoe guide Martin Ziermayr provides his services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the hiking and snowshoe guide and the guests, even if not expressly referred to.

 

The hiking and/or snowshoe guiding contract encompasses all obligations as a hiking and snowshoe guide to lead a guest on a specific tour. In return, the guest undertakes to pay the fee, unless gratuitousness has been expressly agreed.

 

The requirements stated in the programs or tour descriptions must be met by the participant. Each guest is solely responsible for the condition and maintenance of any equipment they bring themselves, as well as for their own state of health. For the purpose of assessing the suitability of the individual guest for the planned tour, the guest undertakes to provide truthful information to the hiking and snowshoe guide.

 

Due to a statutory obligation, the hiking and snowshoe guide must, before the start of a tour, verify that the guests are adequately and appropriately equipped for the requirements. The hiking and snowshoe guide reserves the right to refuse to guide persons who are inadequately equipped or who are evidently not equal to the difficulties of the planned undertaking. In such cases, there is no entitlement to a refund of the fee.

 

Despite the best tour planning and guiding, no unrestricted guarantee of success can be given for achieving the planned program objectives or the summit. Decisions regarding the choice between several route options, the continuation or termination of the tour, the scheduling of breaks and their duration, and the decision on the inclusion and use of equipment items are the sole responsibility of the hiking and snowshoe guide.

 

No claims for compensation can be asserted for tours that do not take place for safety reasons (such as rock and ice fall, avalanches, falls, sudden weather changes etc.) or due to the fault of the participant(s).

 

Given the special responsibility for the proper execution of the tour, by concluding the hiking or snowshoe guiding contract the guests undertake to follow without restriction the instructions of the hiking and snowshoe guide, which he issues in his capacity as the responsible and knowledgeable leader of the tour. Should these instructions be ignored by guests, the hiking and snowshoe guide cannot be held liable for any resulting consequences.

2. Conclusion of Contract

The guiding contract between the guest and the hiking and snowshoe guide is concluded when there is agreement on the essential elements of the contract (objective/purpose of the undertaking, where applicable content, fee, time, and the number of persons to be guided etc.). Bookings may be made in writing or orally. Telephone bookings are legally binding. In the case of simultaneous registration of several participants, the person making the booking is liable for payment of the invoice amount. It is presumed that they are acting in their own name. Furthermore, when concluding a hiking and/or snowshoe guiding contract for leading a hike or snowshoe tour with several persons, all guests are jointly and severally liable for the fee claim.

 

The hiking and snowshoe guide reserves the right to modify, restrict, or extend the course of the tour at any time due to unforeseeable circumstances. Because the tour depends on weather conditions and other unforeseeable factors, the originally planned course of the tour cannot always be guaranteed.

 

The fee for tours must be transferred to the specified account immediately after registration and before the start of the tour. In exceptional cases, and only with the express written consent of the hiking and snowshoe guide, a deposit and balance payment or a cash payment on site before the start of the tour may be agreed. In the case of payment by deposit and balance, details of the deposit amount and the latest time before the start of the tour by which the balance must be received (free of deductions and charges) are set out in the email correspondence.

 

The hiking and snowshoe guide is entitled to refuse to guide guests with outstanding fee amounts

3. Change of guest

If the guest is prevented from commencing the tour, they may transfer the contractual relationship to another person, provided that this person meets all participation requirements and the transfer is communicated to the hiking and snowshoe guide within a reasonable period before the departure date. The transferor and the transferee are jointly and severally liable for any outstanding remuneration and, where applicable, any additional costs arising from the transfer. The hiking and snowshoe guide may refuse the transfer for objectively justified reasons.

4. Minimum number of participants

All events can generally only take place if the stated minimum number of participants is reached. If this is not the case, the hiking and snowshoe guide is entitled to withdraw from the contract up to 2 days before the start of the event. Any fee already paid will be refunded in full. If the guest nevertheless insists on the event being carried out, a new offer with a recalculated price may be submitted. If the guest agrees to the newly calculated price, a new contract will be concluded. However, the hiking and snowshoe guide is under no obligation to conduct the event anew.

5. Insurance

The hiking and snowshoe guide already has a legally required liability insurance. Any private insurance (e.g. accident insurance) related to the planned tours must be taken out by the guests themselves. In this context, it is pointed out that helicopter or mountain rescue operations can incur very high costs, which are generally not covered by the competent social insurance providers and must therefore be paid by the guest concerned. It is therefore expressly recommended to take out rescue cost insurance.

 

As a rule, there is no cancellation insurance. The guest is responsible, at their own expense, for compliance with any passport, visa, customs, foreign exchange, and health regulations.

6. Warrantly

Warranty If the service is not provided or is provided defectively, the guest has a warranty claim. The guest agrees that, instead of rescission or a price reduction, a defect-free service will be provided within a reasonable period, insofar as this is possible. In order to carry out the remedy during the ongoing hike or snowshoe tour, the guest is in any case obliged to notify the hiking and snowshoe guide. If a disruption in performance is attributable to the guest’s sphere, such as a health impairment (e.g., lack of fitness etc.), the guest cannot derive any claims from this.

7. Compensation for damages

In the event of a culpable breach of a duty arising from the contractual relationship, the hiking and snowshoe guide is liable to the guests—provided all three other statutory prerequisites are met—for compensation of the resulting damages within the scope of the legally mandated liability insurance for personal injury, property damage, and financial loss.

 

The hiking and snowshoe guide is not liable in cases of slight negligence. Claims for compensation on the grounds of loss of holiday enjoyment are also excluded. Any compensation is limited in amount to the liability insurance sum in effect at the time.

 

Apart from the statutory grounds for liability, guests participate in the tours at their own risk. A high degree of prudence is therefore expected of every guest. The hiking and snowshoe guide cannot assume responsibility for accidents, damages, or other irregularities resulting from the realization of possible mountain hazards (such as risk of falling, cold injuries, avalanche risk, crevasse falls, rockfall). The guest expressly accepts this by registering.

 

All events are prepared and led to the best of knowledge and belief. No guarantee can be given for summit success or the fulfillment of subjectively envisioned travel goals. By their nature, these activities involve a certain residual risk and uncertainty for the guest. Appropriate tour preparation through endurance training, suitable technical training, and personal prudence reduces the risk of accidents and is therefore strongly recommended to every guest.

 

7. Withdrawal from the contract

The guest has the right to withdraw from the contract at any time in writing. If cancellation is made no later than 21 days before the start of the program, no costs will be incurred. For cancellations at a later date, the following fees apply:

 

• 21 to 14 days before the start of the tour: processing fee equal to the deposit or, for tours without a deposit, 25% of the tour fee, but at least a 50-euro processing fee
• 14 to 7 days before the start of the tour: processing fee equal to 50% of the tour fee
• 7 to 1 day before the start of the tour: processing fee equal to 75% of the tour fee
• From 24 hours before the start: 100% of the fee.

 

Additionally, any cancellation costs for hotels, huts, etc. must be borne by the participant. For tours with overnight stay(s), it is recommended to take out cancellation insurance. If the spot freed up by the withdrawal can be resold, no costs will be incurred. Date changes are considered as cancellation and new registration.

 

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 hiking and snowshoe guide.

8. Withdrawal by the guide prior to start of a tour

If the guide must withdraw from the contract due to unusual and unforeseeable events over which he has no control and whose consequences could not have been avoided even with due care, the guest must 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.

9. Withdrawal by the guide after the start of a tour

The hiking and snowshoe guide is released from the obligation to perform if, during a tour, a guest persistently disrupts the undertaking or endangers others through improper and grossly negligent behavior—despite a warning.

 

In such a case, if the guest is at fault, they are obliged to compensate the hiking and snowshoe guide for damages. In such a case, the guiding fee will not be refunded.

10. Amendment of the contract

The hiking and snowshoe guide reserves the right to increase the fee confirmed with the booking for reasons beyond the guide’s control, provided the date is more than three months after the conclusion of the contract. Such reasons include, for example, changes in any transportation and ascent costs or in the exchange rates applicable to the conduct of the tour.

 

Program changes due to sudden weather shifts, other hazards inherent to the tour, as well as individual guests’ fitness shortcomings and other factors are reserved for all tours. Under the applicable Mountain and Ski Guiding Law, the hiking and snowshoe guide is obliged to abort a tour if unforeseeable special circumstances arise that appear to endanger the physical safety of the guests. Guests therefore cannot assert claims for compensation against the hiking and snowshoe guide on these grounds. In such cases, the decision must be based on the weakest guest, and the other participants share the same outcome.

 

The principle of personal performance of the hiking and snowshoe guiding contract applies. In the event of prevention for important reasons (for example, illness, a death in the family, etc.), the hiking and snowshoe 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 fault in selection.

11. Information to third parties

Information about the names of guests and their whereabouts will not be provided to third parties, even in urgent cases, unless the guests have expressly requested that information be disclosed. Any costs incurred for transmitting urgent messages shall be borne by the traveler.

12. Final provisions

Austrian law applies, excluding its conflict-of-law rules. Should individual provisions of the contract with the guest, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. 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.

 

Effective: April 2026