GENERAL TERMS AND CONDITIONS of the Lechtal Mountain School
Prepared by the Association of Austrian Mountain and Ski Guides
1. Scope and scope of services:
Bergschule Lechtal provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the mountain school and its guests, even if they are not explicitly referred to.
The mountain guide contract covers all obligations as a mountain guide to lead a guest on a specific tour. In return, the guest undertakes to pay the fee, unless it has been expressly agreed that the service is free of charge.
The requirements stated in the programs or tour descriptions must be met by the participant. Each guest is responsible for the condition and maintenance of any equipment they bring themselves, as well as for their own state of health. To assess the suitability of the individual guest for the planned tour, the guest undertakes to provide truthful information to the mountain school.
Due to legal obligations, the mountain guide must ensure before starting a tour that the guests are sufficiently equipped in accordance with the requirements. The mountain guide reserves the right to refuse to lead persons who are poorly equipped or who are obviously not up to the difficulties of the planned undertaking. In this case, there is no entitlement to a refund of the fee.
Despite the best tour planning and guidance, no absolute guarantee of success can be given for reaching the planned program goals or the summit. Decisions regarding the choice between several route variants, the continuation or cancellation of the tour, the timing and length of breaks, and the decision regarding the carrying and use of equipment (especially ropes, crampons, ski crampons, ice axes, etc.) are the sole responsibility of the mountain guide.
No claims for compensation can be made for tours that do not take place for safety reasons (such as rockfall, icefall, avalanches, falls, changes in weather, etc.) or through the fault of the participant.
The participant must compensate for damages resulting from loss or repair costs for damage to rental equipment that goes beyond normal wear and tear.
Due to the special responsibility for the correct execution of the tour, guests undertake, upon concluding the mountain guide contract, to submit to the instructions given by the mountain guide in their function as the responsible and expert leader of the tour. Should these be ignored by the guests, the mountain guide cannot be held responsible for any resulting consequences.
2. Conclusion of contract:
The mountain guiding contract between the guest and the mountain school is concluded when agreement is reached on the essential components of the contract (objective/purpose of the undertaking, fee, date, and the number of persons to be guided, etc.). Bookings may be made in writing or verbally. Telephone bookings are legally binding. When several participants register at the same time, the person making the booking is liable for payment of the invoice. It is presumed that they are acting in their own name. Furthermore, when a mountain guiding contract is concluded for leading a tour with several persons, all guests are jointly and severally liable for the guiding fee.
The mountain guide reserves the right to modify, limit, or extend the training and tour program at any time due to unforeseeable circumstances. Because of dependency on weather conditions or other unforeseen factors, the originally planned tour itinerary cannot always be guaranteed.
As we operate with a high booking volume, 100% of the invoice amount is charged immediately after registration. Down payments or partial payments are only possible in exceptional cases and only with the explicit consent of the mountain school. For short‑notice bookings (up to 2 days before the tour or training course) and for bookings made on the mountain school premises, cash payment on site may also be agreed.
Costs not listed as included in the services—particularly costs for accommodation (overnight stay, food, drinks) and rental equipment—must be borne by the participant unless otherwise agreed or explicitly stated.
3. Change in the person of the guest:
If the guest is unable to participate in the undertaking, they may transfer the contractual agreement to another person, provided that this person meets all participation requirements and the mountain school is informed of the transfer within a reasonable period before the departure date. The transferor and the transferee are jointly and severally liable for any outstanding payment as well as any additional costs arising from the transfer. The mountain school may reject the transfer for objectively justified reasons.
4. Minimum number of participants:
All events can generally only take place if the specified minimum number of participants is reached. If this is not the case, the mountain school is entitled to withdraw from the contract up to 7 days before the start of the event. Any fees already paid will be refunded in full. If the guest insists on the event taking place nonetheless, a new offer with a recalculated price can be made. If the guest agrees to the newly calculated price, a new contract is concluded. However, the mountain school is under no obligation to carry out the event again.
5. Insurance:
The mountain school has the statutory liability insurance required by law. Any private insurance (e.g., accident insurance) related to the planned tours must be taken out by the guests themselves. In this context, it should be noted that helicopter or mountain rescue operations can incur very high costs, which are generally not covered by the responsible social insurance providers and must therefore be paid by the guest concerned. It is therefore expressly recommended to take out rescue cost insurance.
There is generally no cancellation insurance. The guest is responsible, at their own expense, for complying with any passport, visa, customs, foreign exchange, and health regulations.
6. Warranty:
The guest is entitled to a warranty claim in the event of a service not provided or provided inadequately. The guest agrees that, instead of rescission or a price reduction, a flawless service will be provided within a reasonable period, provided this is possible. In order for an improvement to be carried out during an ongoing mountain tour, the guest is in any case obliged to notify the mountain guide.
If a disruption in performance is due to circumstances within the guest’s sphere—such as a health impairment (e.g., slow acclimatization to altitude, insufficient 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 mountain school is liable to the guests—provided all other legal requirements are met—for compensation of the resulting damages, within the scope of the legally required liability insurance taken out for personal injury, property damage, and financial loss.
The mountain school is not liable in cases of slight negligence. Claims for compensation for loss of holiday enjoyment are likewise excluded. Any potential compensation is limited to the amount covered by the liability insurance in effect at that time.
Apart from the statutory bases of liability, guests participate in mountain tours at their own risk. A substantial degree of caution and self‑reliance is expected even from beginners in alpine activities. The mountain school cannot assume responsibility for accidents, damages, or other irregularities resulting from inherent alpine risks (such as risk of falling, altitude sickness, cold‑related injuries, avalanche danger, crevasse falls, or rockfall). By registering, the guest expressly accepts this.
All events are prepared and guided to the best of our knowledge and ability. No guarantee can be given for summit success or the fulfillment of subjective travel expectations. It is in the nature of such activities that a certain residual risk and uncertainty remain for the guest. Appropriate preparation through endurance training, suitable technical practice, and personal attentiveness reduces the risk of accidents and is therefore strongly recommended for every guest.
8. Withdrawal from the contract:
The guest has the right to withdraw from the contract at any time in writing. If the cancellation is made no later than 30 days before the start of the program, no costs will be incurred. For cancellations made at a later date, the following costs apply:
– up to the 14th day before the start of the tour: 50%
– up to the 7th day before the start of the tour: 75%
– within 7 days before the start of the tour: 100% of the respective fee
Any cancellation fees charged by hotels, huts, or similar accommodations must also be covered by the participant. We therefore generally recommend taking out travel cost and trip cancellation insurance. Here is our partner link to the European Travel Insurance:
– DEUTSCH
– ENGLISCH
If the spot freed up by the withdrawal can be resold, no costs will be charged. Date changes are considered cancellations and new registrations.
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 incurred by mountainhusky.com may be retained.
9. Withdrawal by the mountain guide before commencement:
If the mountain school must withdraw from the contract due to unusual and unforeseeable events over which it had no influence 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.
10. Withdrawal by the mountain school after the start of the trip:
The mountain school is released from its obligation to provide services if a guest, through inappropriate or grossly careless behavior during a tour, persistently disrupts the undertaking or endangers others, despite having been warned. In such a case, the guest is liable to the mountain school for any damages incurred, provided they are at fault. The guiding fee will not be refunded in this situation.
11. Amendments to the contract:
The mountain school reserves the right to increase the fee confirmed at the time of booking for reasons beyond its control, provided the date of the tour is more than three months after the conclusion of the contract. Such reasons include changes in transportation or ascent costs, or changes in exchange rates relevant to carrying out the tour.
Program changes due to sudden weather shifts, other alpine hazards, individual guests’ lack of fitness, and similar factors are reserved for all tours. According to the applicable Mountain and Ski Guide Act, the mountain guide is obliged to terminate a tour if unforeseeable circumstances arise that appear to endanger the physical safety of the guests. Guests therefore cannot derive any claims for compensation against the mountain school from such circumstances. In this context, decisions must be based on the weakest guest, and the remaining guests must accept the same outcome.
12. Disclosure of information to third parties:
Information about the names of guests or their locations will not be disclosed to third parties, even in urgent cases, unless the guests have expressly requested that such information be provided. Any costs incurred for transmitting urgent messages shall be borne by the traveler.
13. Data protection and advertising:
The mountain school is entitled to process and store personal data within the scope of contract execution and for purposes arising from the contract. Furthermore, by making a booking, the guest expressly agrees that personal data may be passed on to instructors, participants, and accommodation providers. By participating in an event, the participant agrees that videos and photos taken of them during the undertaking may be used for promotional purposes by the mountain guide or the mountain school.
14. Voucher:
Vouchers are valid for 2 years from the date of issue.
Vouchers cannot be redeemed for cash.
15. Use of photos and videos
The guests grant the Lechtal Mountain School their explicit and irrevocable permission, upon booking, to publish and use any recordings made of them—without any temporal, local, or spatial restrictions—in all visual formats, particularly on bergschule-lechtal.com, basecamp-gramais.com, mountainhusky.com, on Facebook (Bergschule Lechtal, Hubs Lindner), on Instagram (@basecamp_gramais, @hubslindner), and on LinkedIn (Hubertus Johannes Lindner).
This right may also be transferred to third parties.
The guests of the Lechtal Mountain School have the option to expressly object to this provision or to adjust it in consultation with the Lechtal Mountain School.
15. Final provisions:
Austrian law shall apply, 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 one.
