Flory Kern

Gartenstr. 16
78136 Schonach
phone: +49 (0) 7722 920751
fax: +49 (0) 07722 919826
mail: florykern@t-online.de
web: www.flory-kern.de

General Terms and Conditions

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Ski Berge Abenteuer
www.flory-kern.de

These General Terms and Conditions apply to all tours, trips and activities of Ski Berge Abenteuer and Flory Kern (together “SBA”).

1. Registration, Conclusion of Agreement and Due Date for Payment

1.1 Upon the booking of a tour with SBA you will receive a written booking confirmation, an invoice, to the extent applicable a visa application form and part of the travel documents. With the booking confirmation the contract is concluded.

1.2 Upon receipt if the documents listed in Section 1.1 above a down-payment of 25% of the price is due for payment within 7 days as of receipt of the documents. The full price is due for payment in exchange of the complete travel documents 30 days prior to the beginning of the tour.

1.3 For tours including air travel the following shall apply in deviation of Section 1.2: A down-payment of 25% of the price is due for payment immediately as of receipt of the documents listed in Section 1.1. The full price is due for payment in exchange of the complete travel documents 60 days prior to the beginning of the tour.

1.4 For weekend trips, which are no longer than 2 days or which costs no more than Euro 220,- the full price is due for payment 7 days as of receipt of the invoice in deviation of Section 1.2.

1.5 In the event of late payment we are entitled to strike you from the list of participants.

2. Cancellation of the Contract by the Participant

Every participant may cancel the contract at any time. In the event the participant cancels the contract or does not embark upon the journey, the following lump sum cancellation fee (“Fee”) applies: In the event of a cancellation up to 30 days prior to departure, for tours including air travel up to 60 days prior to departure, the Fee amounts to 15% of the price, unless a replacement participant is provided. If a replacement participant is provided, the Fee shall amount to 10% of the price. In the event of a cancellation up to 14 days prior to departure, for tours including air travel up to 30 days prior to departure, the Fee amounts to 50% of the price, unless a replacement participant is provided. If a replacement participant is provided, the Fee shall amount to 25% of the price. In the event of a cancellation up to 6 days prior to departure the Fee amounts to 90% of the price and thereafter or in the event the participant does not embark upon the journey the Fee amounts to 100%. Notwithstanding the foregoing the Fee shall be at least Euro 50,-. The relevant date for the calculation of the Fee is the receipt of the written cancellation notice. The participant is free to prove that SBA has suffered no damages or lower damages than the Fee claimed.

We recommend taking out insurance for travel cancellation costs. Such insurance can be taken out expeditiously with HanseMerkur via our homepage www.flory-kern.de under the Partner link.

3. Cancellation by SBA

3.1 We are entitled to cancel the tour up to 14 days prior to departure, for tours including air travel up to 40 days prior to departure, if the minimum number of participants is not reached. In such cases we have no claim for payment of the price for the tour.

3.2 Further, we are entitled to cancel the tour in the case of unforeseeable force majeure events, such as riots, storms or natural disasters, which materially aggravate the performance of the tour or render it impossible. In such cases we have no claim for payment of the price for the tour. However, for services provided or still to be rendered we are entitled to charge a reasonable compensation.

4. Changes to the Booked Tour and the Price

4.1 In the event the tour cannot – totally or partially – be executed or can only be executed with changes for reasons for which we are not responsible (weather, force majeure, snow conditions, insufficient fitness of participants), the participant has no claim against SBA unless provided otherwise in writing.

4.2 We reserve the right to increase the price, after the expiration of a time period of 4 months as of conclusion of the contract, however, at least 21 days prior to departure, in the event an unforeseeable increase of the costs incurs after the conclusion of the contract, such as the increase of petrol prices, costs for carriage, expenses for specific services such as airport, security or immigration charges, or a change of the relevant exchange rates. The price will only be increased to the extent the costs – allocated pro rata to the participants – have increased.

5. Warning and Limitation of Liability

5.1 Each participant of the tour must acknowledge that activities in alpine terrain, including heliskiing as well as the use of a helicopter, always bear specific dangers. Any activity in alpine terrain notwithstanding a maximum standard of security is subject to risks and there are situations, which we cannot control. Even with a maximum standard of precaution severe injuries and even death cannot be excluded.

5.2 The liability of SBA for damages, which are not personal injuries, caused by simple negligence is limited to the treble amount of the price. The same applies for damages for which a service provider is responsible.

6. Insurance

6.1 Each participant is obliged to take out an accident and sickness insurance which covers the countries of destination. In the event the transport of the participant is necessary, the costs of such transport must be borne by the participant.

6.2 Further, each participant must be covered by a general liability insurance.

7. Equipment and Skiing Abilities

7.1 Each participant is responsible that his/her equipment is in proper condition. Spare equipment is often not available at the respective location or only to a very limited extent.

7.2 The skiing tours offered by SBA require very good skiing abilities, discipline, endurance and fitness. SBA is entitled to refrain from taking participants, which hold up the group or show weaknesses, along on tours or leave them in the helicopter.

8. Statute of Limitations

Claims for defects of the tour must be notified to SBA within one month as of the contractually scheduled end of the tour. The foregoing claims are time-barred after one year as of the contractually scheduled end of the tour.

9. Severability Clause

The parties are aware of the risks that, contrary to the parties’ current beliefs, single or several provisions of these terms and conditions or the contract may prove to be invalid or void. Also in such case the parties wish to exclude any doubt of the validity of these terms and conditions or the contract. Also in the event of invalidity or voidness of single or several provisions in these terms and conditions or the contract these terms and conditions and the contract shall remain valid not only in case of doubt but at all times.


Ski Berge Abenteuer
Gartenstr. 16
78136 Schonach
Germany
www.flory-kern.de