GENERAL TRAVEL TERMS AND CONDITIONS (ARB 1992) 

Adaptation to the amendment to the Consumer Protection Act, Federal Law Gazette 247/93 and to the Warranty Right Amending Law, Federal Law Gazette I No. 48/2001 

Jointly discussed in the consumer-political advisory body of the Federal Minister for Health, Sports and Consumer Protection in accordance with § 73 subsection 1 of the Trade, Commerce, and Industry Regulation Act 1994 [Gewerbeordnung] and § 8 of the regulation of the Federal Minister for economic affairs in the version dated 1994 on the provisions regarding the exercise of the travel agency industry [Ausübungsvorschriften für das Reisebürogewerbe] (now § 6, according to Federal Law Gazette II No. 401/98). 

The travel agency may act as agent (section A) and/or as tour operator (section B). 

Since shades.plus GmbH is solely operating as a tour operator, the following general terms and conditions constitute the contractual text usually used as tour operators to conclude contracts with their customers/travelers. 

The following conditions are the bases of the contract – hereinafter referred to as travel contract – concluded between the booking party and a tour operator either directly or through an agent. In case of a direct conclusion, the agent’s obligations analogously apply to the tour operator. The tour operator generally accepts the applicable GENERAL TRAVEL TERMS AND CONDITIONS, deviations are highlighted in all its detailed advertising documents according to § 6 of the provisions regarding the exercise on of the travel agency industry. 

Customer money protection in accordance with the Package Travel Ordinance (PRV)

The shades.plus GmbH is covered by a guarantee from Raiffeisenbank Kuchl in the event of

insolvency by:

TVA Tourism Insurance Agency Ltd

Ferstelgasse 6, 1090 Vienna

Tel: 01/361 9077 | Fax: 01/361 9077 – 25

Information Obligations according to §7 Paragraph 1 RSV

Reference is made to the other information obligations according to the regulations for the travel agency industry (see especially § 2 of the regulations for the travel agency industry – BGBl. No. 401/1998 as amended; available online at: www.ris.bka.gv.at).

According to the Travel Agency Insolvency Protection Regulation (RSV), customer funds for package tours provided by shades.plus GmbH are secured under the following conditions: The deposit must be made no earlier than eleven months before the end of the trip. Final payments of more than 20% may not be collected earlier than 20 days before the start of the trip.

Information on statutory insolvency protection: The travel agency shades.plus GmbH is insured against insolvency by Raiffeisenbank Kuchl. The liquidator is TVA-Tourismusversicherungsagentur GmbH, Ferstelgasse 6, 1090 Wien. Travelers must contact the liquidator within 8 weeks if they are refused services due to the insolvency of shades.plus GmbH. Details concerning the travel service status of shades.plus GmbH can be found on the website https://www.gisa.gv.at/abfrage under the GISA number 35510444. 

1. Booking/contract conclusion: The travel contract is concluded between the booking party and the tour operator if there is an agreement regarding the material parts of the contract (price, service and date). This results in rights and duties for the customer. 

The travel contract is concluded between the booking party and the tour operator if there is an agreement regarding the material parts of the contract (price, service and date). This results in rights and duties for the customer. 

Unless otherwise agreed, the traveler must transfer a deposit of 20% of the trip price to the account specified by the tour operator within 14 days of receiving the package tour contract, but not earlier than 11 months before the end of the package tour. If the contract is concluded within 20 days before departure, the entire trip price must be transferred immediately to the specified account upon receipt of the package tour contract.If the traveler fails to meet their payment obligations, the tour operator reserves the right, after issuing a reminder with a deadline, to terminate the contract and demand compensation according to the compensation flat rates.

2. Change in the person of the traveler: A change in the person of the traveler is possible if the replacing person meets all conditions regarding the participation and can be completed in two ways.

2.1 Assignment of the claim to the travel service: The booking party’s obligations under the travel contract remain effective if it assigns all or single claims under this contract to a third party. In this case, the booking party will bear the resulting additional costs. 

2.2 Transfer of the travel event Where the customer is prevented from proceeding with the package, he may transfer his booking to another person. 

The “substitute” person needs to fulfill all contractual requirements and is also suitable for the packaged camp (criteria may include gender, physical condition, certain knowledge and skill set, visas, valid entry permits, non- existence of an entry ban, etc.).
If the other person does not fulfill all contractual requirements or is not suitable for the packaged camp, the tour operator may object to the transfer of the contract. 

The tour operator must be informed of the transfer of the contract via a permanent data carrier (e-mail) within a reasonable period of 30 days, but no less than seven days before the start of the trip. The traveler transferring the package travel contract and the person entering into the contract are jointly liable to the tour operator for both, the unbalanced remuneration of the tour and the additional costs arising from the transfer. 

3.Contents of the contract, information and other incidental services: Exceeding the duty to inform also applicable to the agent (namely information on passport, visa, foreign currency, customs and health entry regulations), the tour operator must provide sufficient information about the service offered. The service descriptions in the catalog and/or brochure valid at the time of the booking as well as the other information contained therein are the subject matter of the travel contract, unless differing agreements have been made at the booking. It is, however, recommended to record such agreements in writing. 

4. Travels including special risks: If travels include special risks (e.g. expeditions), the tour operator will not be liable for the consequences of risks outside of his scope of duty. The tour operator’s obligation to thoroughly prepare the journey and to thoroughly select the persons and companies commissioned with the provision of the single travel services remains unaffected. 

5. Legal bases in case of impairments of performance 

5.1 Warranty If the service has not been rendered or only been rendered imperfectly, the customer has a right to claim. The customer agrees that instead of his claim to conversion or price reduction, the tour operator will – within a reasonable period – provide an unobjectionable service or improve the imperfect service. Remedy can take place by removing the failure or by providing an equal or better replacement service that is subject to the customer’s explicit consent. 

5.2 Compensation If the tour operator or his assistants violate the duties of the contractual relationship either intentionally or by negligence, the tour operator is obliged to compensate the damage. To the extent, the tour operator is responsible for other persons than his employees, he will only be liable – except in cases of personal injury – if he does not prove that they have acted in an intentional or grossly negligent way. Except in case of intention or gross negligence, the tour operator will not be liable for objects that are usually not brought along unless he has taken these objects in custody knowing the circumstances. The customer is therefore advised not to carry along objects of special value. Moreover, it is recommended to orderly keep the objects that have been brought along. 

5.3 Notification of failures The customer must immediately inform the tour operators representatives of every failure in the performance of the contract that he locates during the journey. This implies that the customer has been notified about a representative and that the latter is available on site without considerable efforts. If this notification is omitted, this will not affect the customer’s 4 right to claim described under 5.1. This omission can, however, be imputed to him as contributory negligence and thus decrease his possible claims for damages. In this respect it is, however, necessary that the operator has informed the customer about this duty of notification in writing, either directly or via the agent. Equally, the customer must have been notified at the same time that any omission regarding this notification will not affect his right to claim, that it can, however, be imputed as contributory negligence. If applicable and for lack of a local representative, it is recommended to either inform the respective service provider (e.g. hotel, airline) or the tour operator himself about failures and to request remedy. 

6. Assertion of possible claims: In order to simplify the assertion of claims, the customer is advised to obtain a written confirmation regarding the non provision of services or improper performance respectively to secure receipts, evidence and witnesses. Consumer warranty claims can be asserted within 2 years. Claims for damages will become time-barred after 3 years. In the interest of the traveler, it is recommended to immediately assert claims after having returned from the journey directly at the tour operator or via the procuring travel agency as upon an increasing delay, difficulties regarding the evidence have to be anticipated. 

7. Cancellation of the contract 

7.1 Cancellation on the part of the customer before the beginning of the Journey 

a) Cancellation without cancellation fees: 

Apart from the legally granted cancellation rights, the customer may – without the operator having claims against him - cancel the contract if the following cases occur before the beginning of the service: 

If material components of the contract including the travel price are changed to a considerable extent. The frustration of the conditioned purpose and/or character of the travel event as well as an increase in the agreed travel price by more than 10% effected according to section 8.1 will in each case constitute such contract modification. The tour operator is obliged to immediately notify the customer the contract modification either directly or via the procuring travel agency and to simultaneously instruct him regarding the existing option to either accept the contract modification or the cancel the contract; the customer must immediately exercise his option. 5 If the operator is responsible for the occurrence of the event entitling the customer to the cancellation, the operator is obliged to compensate the customer’s damages. 

b) Claim to replacement services: If he does not make use of the cancellation possibilities according to letter a) and in case of cancellation by the tour operator without the customer’s fault, the customer may – instead of the contract rescission – request the contract performance by means of the participation in any other equal journey if the operator is able to provide this service. Apart from the right to the option, the customer is also entitled to a claim for damages due to non-performance of the contract, unless the cases of 7.2 take effect. 

c) Cancellation with cancellation fees: The cancellation fee is a percentage of the travel price and with regard to its amount, depends on the time of the notice of cancellation and the respective type of journey. The travel price or the package price is the overall price of the contractually agreed service. In all cases not mentioned under letter a), the customer is – against payment of a cancellation fee – entitled to cancel the contract. In case the cancellation fees are not reasonable, they can be abated by court. Depending on the type of journey, the following cancellation rates result per person:

The following compensation flat rates apply per person in case of a cancellation of a #shadesofwinter camp (not including the skitouring camp in the Lyngen Alps) 

• No-Show (failure to show up without justification): 100% of the camp price

• From 1 to 14 days before the start of the activity: 90% of the camp price

• From 15 to 21 days before the start of the activity: 75% of the camp price

• Up to 20 days before the start of the activity: 55% of the camp price

The following compensation flat rates apply per person in case of a cancellation of the #shadesofwinter skitouring camp in the Lyngen Alps: 

• No-Show (failure to show up without justification): 100% of the camp price

• From 1 to 29 days before the start of the activity: 90% of the camp price

• From 29 to 40 days before the start of the activity: 75% of the camp price

• Up to 41 days before the start of the activity: 55% of the camp price

Notice of cancellation: When canceling the contract, you have to note the following: The customer (principal) may inform the travel agency at which the travel has been booked at any time that he will cancel the contract. In case of cancellation, it is recommended to do this - by registered letter / email or - personally, with a simultaneous written declaration. 

7.2 Cancellation by the tour operator prior to departure 

a) The tour operator will be released from the contract if a minimum number of participants specified in the advertisement is not achieved. The tour operator may withdraw from the package travel contract 21 days before the start of the package tour if fewer than 6 persons of participants have registered for the package tour and the traveler receives the notification of the withdrawal of the tour operator at the last delivery/contact address provided by the traveler.
If the tour operator withdraws from the package travel contract they will refund the price of the tour to the traveler, but will not be obligated to pay any additional compensation. 

b) The cancellation is based on force majeure, i.e. due to exceptional and unforeseeable events that cannot be influenced by the party referring to force majeure and the consequences of which couldn’t have been avoided despite applying the necessary care. This does, however, not include overbooking, but it includes governmental orders, strikes, war or situations similar to war, epidemics, natural disasters, etc. c) In cases of letters a) and b), the customer will be compensated the deposited amount. He is entitled to the option according to 7.1.b, 1st paragraph.

7.3 Cancellation on the part of the tour operator after the beginning of the journey: The tour operator is released from the contract performance if within the scope of a group travel, the customer lastingly and despite a warning disturbs the travel performance by grossly improper behaviour. 7 If it was the customers fault, the customer is obliged to compensate the tour operator for the damage he has incurred.

8. Changes in the contract 

8.1 Price revisions The tour operator reserves the right to increase the travel price confirmed in the booking for reasons not depending on his will if the period between the conclusion of the contract and the departure is longer than two months. Such reasons only include changes in the transportation costs, e.g. the fuel costs, the dues, taxes or fees chargeable for certain services, like landing taxes, embarkation and disembarkation fees in harbours and corresponding fees on airports or the exchange rates to be applied to the particular package. In case of a price reduction for these reasons, it must be passed on to the traveler. Within the two-month period, price increases may only be affected if the reasons for this have been separately negotiated in the booking and stated on the booking note. During the 20 days prior to the departure date stipulated, the price stated in the contract shall not be increased. A price revision is only admissible if upon compliance with the agreed requirements, an exact description for the calculation of the new price has been provided, as well. The customer must be immediately notified of the price revision and its reasons. If the price increase is more than 10 percent, the customer is entitled to withdraw from the contract without cancelation fees. (see section 7.1.a.). 

8.2 Service modifications after beginning of the travel: 

Insignificant Changes: The tour operator may make minor changes to the services provided, as long as these changes do not significantly alter the nature, duration, or quality of the booked services. Any such changes will be communicated clearly and comprehensively to the traveler.

Significant Changes: Significant changes affecting essential features of the travel services may result in: A reduction in the quality or value of the services. Changes that impact the overall travel experience.

In the event of significant changes or if the total price increases by more than 8%, the traveler may:

• Accept the proposed changes.

• Opt for an alternative tour offered by the operator.

• Withdraw from the contract without incurring cancellation fees.

Travelers will be informed of any significant changes, including their impact on the travel price, within a reasonable period defined by the tour operator. Travelers should submit their decision in writing. Failure to respond within the specified period will be considered as acceptance of the changes.

9. Provision of information to third parties: Even in urgent cases, information regarding the names of the travellers and their whereabouts will not be provided to third parties unless the traveller has explicitly requested an information provision. The costs caused by the transmission of urgent messages are for the customer’s account. Thus, the travellers are advised to notify their relatives the exact holiday address. 8 

10. General Sections 7.1. letter c, formerly letter b (cancellation), 7.1. letter d, formerly letter c (noshow) as well as 8.1. (price revision) listed under section B are non-binding association recommendations under 1 Kt 718/91-3 and as such are now registered under 25 Kt 793/96-3 in the Register of Cartels. 

11. Responsibility & Liability

(1) During the entire duration of the camp, there is a ban on drugs. Taking medicines that could impair the participant's ability to participate safely is also prohibited.

(2) The participant must ensure that her equipment (skis, poles, ski boots, helmet, avalanche transceiver, avalanche shovel, probe, and freeride-/avalanche airbag backpack) is in sound technical condition.

(3) The guide is entitled to exclude participants from the camp due to technical defects of their sports or other equipment, or in the case of grossly negligent behavior, without any entitlement to compensation or damage claims resulting from such exclusion.

(4) The participant shall indemnify and hold harmless the tour organizer, its legal representatives, and vicarious agents against any and all third-party claims caused by the participant or arising from the use of a vehicle by the participant in connection with the event.

(5) The participant is solely responsible for her riding style. She acknowledges being informed about the dangers of the freeride tour and deems herself able to cope with them. She undertakes to follow the instructions of the guides and the coaches.

(6) The tour operator is not liable for personal, material, and financial damages of the traveler which occur in connection with booked services, provided that such damages: a. result from general risks to the traveler or risks associated with the package tour that are to be borne by the traveler; b. are attributable to the fault of the traveler; c. are attributable to a third party not involved in the provision of travel services under the package travel contract, and the breach of contract was neither foreseeable nor avoidable; or d. are due to unavoidable and exceptional circumstances.

(7) The camps are associated with particular risks; therefore, the tour operator is not liable for consequences arising from these risks if they occur outside the tour operator’s area of responsibility. The obligation of the tour operator to carefully prepare the package tour and to select the persons and companies responsible for providing the individual travel services remains unaffected.

(8) The traveler must comply with laws and regulations, instructions and orders of the staff on site, as well as rules and restrictions (e.g., internationally valid FIS slope rules). Should the traveler fail to observe any of these stipulations, the tour operator is not liable for any resulting damages to the traveler’s person or property, or damages to third parties’ persons or property.

(9) The tour operator shall not be liable for services not confirmed by them or for additional services booked by the traveler themselves on site with a third party or service provider for whom the tour operator is not responsible.

(10) It is recommended to organize insurance coverage (trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, health insurance for travel abroad, protection against delays, personal protection, etc.) to ensure sufficient coverage from the date of the package travel contract until the end of the package tour.

(11) Each participant attends the camp at her own risk and must consider the inherent risks of such sports as freeriding, wingfoiling, hiking and ski touring (e.g., sudden weather changes, falling hazards, rockfall, falling branches, and property or personal injury). Accident and liability insurance is therefore recommended.

12. Privacy Policy

Disclosure to Other Trip Participants
To facilitate safety and communication, the organizer may share the names, phone numbers, and email addresses of group members with others in the same group. If you prefer not to have your contact details shared, please specify this in the message section of the booking form.

Photo and Video Rights
Shades.plus GmbH and Sandra Lahnsteiner-Wagner and partners of the #shadesofwinter camps may use photos and videos taken during the trips on their website and other channels, including newsletters, Facebook, and other social media platforms. If you do not consent to the use of photos in which you appear, please indicate this in the message section of the booking form.

Data Processing and Use

• Personal data provided by participants will be processed electronically to manage the camp, including payment and accommodation. By registering, participants consent to this processing.

• An organizational list of participants' data may be created and shared with coaches and accommodation providers.

• With approval during the booking process, personal data may be shared with other participants arrange carpools.

• Participants agree that film and photo recordings, as well as interviews conducted during or after the camp, may be used for professional reporting and promotional purposes. This use does not infringe on personal anonymity interests.

• Participants consent to the publication of recognizable photographs and videos taken during the camp for advertising and promotional purposes, including on the shades-of-winter.com website and social media accounts of Sandra Lahnsteiner and shades.plus GmbH. This includes disclosure and use by supporters, sponsors, or cooperation partners.

13. Other Regulations

No Verbal Agreements: There are no verbal or ancillary agreements to these General Terms and Conditions. Any modifications, additions, or deviations must be made in writing to be valid.

Applicable Law and Jurisdiction: Austrian law governs all disputes arising from the contractual relationship under these General Terms and Conditions. The competent court for all legal disputes is located in 5020 Salzburg. If any provision of these General Terms and Conditions is found to be invalid, the parties agree that a legally effective provision that most closely aligns with the purpose of the invalid provision will replace it.

14. Final Provisions

Severability Clause: If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable. The invalid or unenforceable provision will be replaced by a valid provision that closely reflects the original intent and purpose of the invalid provision.

Exclusion of Offsets: The participant may not offset any claims they have against the travel agency’s claims, regardless of their nature or type.

Imprint: Owner, publisher: Fachverband der Reisebüros in der Wirtschaftskammer Österreich, Wiedner Hauptstraße 63, 1045 Vienna This is a translation from the German original. Only the German original is of binding validity.