Freestyle Coachings with Blue Tomato Snowboard School
Shred with style and meet some new friends, too, at Blue Tomato Snowboard Schools specialized freestyle coaching lessons!
LineUpEXplorers GmbH (hereinafter LUEX), Dortmund, provides an internet-based intermediary platform for global travel-related products and services. For this purpose LUEX operates a travel information, communication and booking system on the internet. This offers travel-related products, services, and information. These terms and conditions govern the use of the entire LUEX offerings, also in particular the booking of trips, travel components and services. LUEX reserves the right to make provision for supplementary terms and conditions for certain travel-related offerings or destinations. As LUEX acts only as an intermediary, the specific and general terms and conditions of any third party offering a product or service shall also apply additionally. In the event of conflicting conditions, the general terms and conditions of LUEX shall apply preferentially.
The parties to the legal relations shall be designated as "Travellers", with a person who also makes a booking for one or more Travellers designated as a "Group leader". The member of a tour group shall also be designated as a "Group member". "Service provider" designates a company or person that delivers the actual product or service - usually on location at the destination - that LUEX (Intermediary) offers to Travellers.
1. Intermediary platform operator designation and information
LineUpEXplorers GmbH (abbreviated as LUEX)
Managing Director Tim Heising
Dortmund District Court HRB 23215 Dortmund
Kobbendelle 17, 44229 Dortmund, Germany
VAT ID No.: DE221867890
Telephone: LUEX general: +49 231 97676992
LUEX bookings Surf: +49 231 97676992
LUEX bookings Snow: +49 231 97676994
Fax: +49 231 58695399
Skype: LUEX general: luex-lineupexplorers
LUEX bookings Surf: luex-surf
LUEX bookings Snow: luex-snow
The website constitutes the fundamental information that LUEX provides to Travellers. The offers, representations, data, software, images, illustrations and information are subject to copyright in virtually their entirety. To the extent that the design, photos, selection and manner of composition and preparation have been prepared by LUEX, the rights are held exclusively by LUEX. Large quantities of information, offers and images are delivered by third parties, in particular also by Service providers. This content is also legally protected by copyright, trademark and competition law and may not be copied, transmitted or used in any manner other than within the scope of the website without the prior express written authorisation of LUEX or the rights holder, if applicable.
LUEX shall make every effort to update information and prices at all times. Nevertheless, there may be differences due to the volume of data, information and parameters. Prices and specifications can be found based on the individually prepared offering. The booking confirmation and the price calculated for the Traveller are definitive.
LUEX is unable to monitor or check all information provided, especially links to other websites. LUEX is unable to maintain and update this content. In this respect, LUEX is unable to assume any responsibility.
3. Intermediary services
LUEX facilitates the provision of travel-related products and services by Service providers in the form of travel modules and services. LUEX is not a tour operator and does not deliver, own or control any of the travel-related products and services on offer. The travel-related products and services are delivered directly by the Service provider. The offerings provided by LUEX are intended for natural persons. In this context, the Traveller / Group leader making the booking must be at least 18 years of age. A Group leader aged 18 years or over must book for under-age travel companions. The offerings are primarily intended for Travellers from Germany. In utilising this offering, the Group leader making the booking promises that they are authorised to act on behalf of their travel companions, in particular to arrange travel-related services and to conclude contractual arrangements in the name of the Travellers. The Group leader is liable to LUEX as the joint and several debtor in addition to the individual Travellers for the payment of the travel-related products and services booked. Legally binding declarations received by the Group leader are deemed to have been received by all Travellers in the tour group.
To the extent that no further commitment periods have been agreed, the following shall apply: By filling in the booking templates and confirming the booking procedure, the Traveller/Group leader commissions LUEX to finalise the intermediated procurement with the Service provider. A confirmation of receipt from LUEX with respect to an order immediately after the Traveller/Group leader has transmitted the data does not constitute a binding confirmation of the intermediated travel-related products and services.
Immediately upon receipt of the booking, LUEX shall assess the availability of all the booked products and services from the Service provider/s. Following this assessment, the Traveller/Group leader shall be issued a booking confirmation. The Traveller/Group leader is obliged to check this confirmation carefully immediately upon receipt. If information appearing on the confirmation or in another document is incorrect or incomplete, the Traveller/Group leader is obliged to inform LUEX immediately - in text form if possible. Alterations at a later point in time can only be considered if LUEX could reasonably be expected to make such changes. Unreasonable alterations are such changes in particular that involve additional costs for LUEX, unless the Traveller/Group leader reimburses these costs.
A binding agreement between the Traveller and the respective Service provider shall only eventuate when the binding booking confirmation has been transmitted to the Traveller/Group leader; the automatic LUEX confirmation of receipt is not a booking confirmation.
The following applies when a Group leader makes a booking for several Travellers: With their booking, the Group leader confirms that they are permitted to legally represent the group members (Travellers) and that the Group leader is permitted to make and receive declarations on behalf of the group members. If travel vouchers are dispatched, they shall be sent solely to the Group leader for the whole tour group. Payments shall be processed exclusively through the Group leader with debt discharging effect.
The contractual obligation of LUEX is limited to the proper intermediation of the booked travel-related products and services. The contractual obligations of LUEX do not include the delivery of the booked product or service.
5. Payments, cancellation charges
LUEX is entitled to demand payment of deposits and outstanding amounts in accordance with the general terms and conditions as well as the terms and conditions of payment of the Service provider of the mediated product or service. Payment shall be collected as instructed by the respective Service provider. It is possible that the method of payment accepted by the Service provider may differ from the standard modes of payment used by LUEX or in Germany generally. The details are to be found in each of the offerings respectively. To the extent that nothing to the contrary has been agreed, the following shall apply:
Following receipt of the payment request, payment of the deposit indicated on the payment request is to be made in a single payment within one week by means of the payment method indicated. The deposit shall be at least 25% of the total price of the travel-related products or services that have been booked. The outstanding amount for the travel-related products or services is to be paid no later than 30 days prior to the commencement of travel as a single payment by means of the payment method indicated without any further request for payment. In the case of tour groups, the Group leader is responsible for ensuring consistent payment processing. The total price of a tour booked at short notice (within 30 days of tour commencement) is due immediately.
If due payments are not made or not made in full and the Traveller/Group leader does not pay after a reminder with a final due date, LUEX or the Service provider are able to withdraw from the particular agreement, unless LUEX or the Service provider is already responsible for a significant flaw, failing or shortcoming at this time. If the Traveller is responsible for the cancellation, LUEX or the Service provider can demand compensation in accordance with the agreed fixed rates for compensation. If nothing else has been stipulated within the offer/travel confirmation, the fixed rate in the event of the Traveller cancelling more than 30 days prior to departure is 25% of the price of the tour. The Traveller/Group leader is entitled to provide evidence of lower costs or costs that did not eventuate, while LUEX is free to calculate and demonstrate substantially higher costs.
LUEX assumes no currency risks. In order to minimise currency risks, LUEX shall exchange the travel payments received into the target currency of the country of the respective Service provider as soon as possible after receipt of payment. In the event of major currency fluctuations, the Traveller/Group leader shall indemnify LUEX against any proven currency exchange losses. Reimbursements shall be made solely by means of bank transfers in the currency of the recipient. Bank fees and charges shall be borne by the Traveller/Group leader.
If the Traveller/Group leader pays by bank transfer, LUEX can only facilitate a smooth booking process if the Traveller/Group leader uses the designated booking ID in the purpose field of the bank transfer which is specified in the request for payment. Otherwise LUEX may not be able to assign the payment to the correct booking. A failure to do that correctly can result in the cancellation of a trip in the worst-case scenario.
If the Traveller wishes to book not as a private individual, but as a business traveller acting on instructions or as a legal representative, this must be noted already during the booking process and cannot be subsequently altered. This can have taxation consequences and should therefore be carefully considered.
The customer shall receive a payment receipt in the form of a booking confirmation from LUEX showing the total price, either paid or to be paid to the Service provider.
6. Alterations, cancellations, reimbursements
In the event that a confirmed booking is modified or cancelled, LUEX is to be contacted as quickly as possible in this matter such that a possible solution can be sought in consultation with the Traveller/Group leader. Additional costs that result for LUEX or the Service provider shall be borne by the Traveller/Group leader, whereby LUEX reserves the right to invoice a minimum fee of €50 for changes demanded solely by the Traveller.
Should there be a modification or cancellation by LUEX / the Service provider, LUEX shall also contact the Traveller/Group leader as soon as possible and seek a possible solution.
LUEX notes explicitly that as an intermediary LUEX cannot assume responsibility for the performance of the Service provider. In particular, LUEX offers individual travel-related products and services to exotic destinations. The Traveller recognises that booking and processing these products and services are more difficult and that a higher degree of flexibility is expected of these than for mass tourism.
7. Complaints and ratings
Should the Traveller be dissatisfied with an aspect of the travel-related product or service received in a particular case and wish to submit a complaint, they are to approach the Service provider or their representative directly at the location during their current stay so that this person can attempt to solve the problem. LUEX recommends notifying the Service provider in text form that documents the shortcomings, if possible with the aid of photos.
If the problem cannot be resolved during the stay, the Service provider must be contacted within 30 days of returning from the trip. The Service provider should then respond to the correspondence according to the applicable laws and regulations. Receipt should be confirmed in 14 days and a full response received within 28 days. If this is not the case, an explanation for the delay should be received from the Service provider.
Should the travel-related product or service not match the description on the LUEX platform, the customer must approach the Service provider or their representative directly at the location during the customer's stay. LUEX shall support customers with respect to their complaint. LUEX is to be informed of the facts involved in the situation as soon as possible in order to be able to assist in finding a solution.
The Service provider is to be contacted immediately in the event of flight or transportation problems. Customers are to check information and the general terms and conditions given to customers via the Service provider before the commencement of travel.
8. Visa, passport and travel regulations
The Traveller/Group leader shall pay attention to the special visa, passport and travel regulations for the Travellers and their country of destination. LUEX makes every effort to inform customers as comprehensively and accurately as possible. To the extent that LUEX draws attention to particular details, this can only be considered as non-binding information. Considering the high number and frequency of possible amendments to regulations, Travellers/Group leaders are requested to contact the relevant embassy/consulate for the particular destination. In this respect LUEX can assume no responsibility whatsoever for any assurance, guarantee, currency or accuracy of the information. The information provided by Travellers’ ministries of foreign affairs are a reliable source with respect to many travel destinations.
It is the sole responsibility of the Traveller/Group leader to ensure that all Travellers are in possession of all requisite travel documents (passport, Visa, etc.) at the commencement of travel and that all Travellers fulfil the health requirements.
To the extent that it is not expressly offered, insurance cover does not constitute part of the travel-related products and services offered. LUEX recommends that customers take out travel insurance, in particular travel cancellation cost insurance and in certain circumstances overseas travel insurance, including an overseas health cover component. LUEX names a reliable partner offering the relevant insurance policies to its customers at: http://www.luex.com/info/insurances.html.
10. Liability, responsibility
LUEX depends on the information provided to it by the Service providers with respect to the details of the travel-related goods and services. LUEX has only extremely limited opportunities to check such information with respect to their accuracy and completeness. Consequently, LUEX is unable to provide any guarantees or assurances with respect to the completeness, accuracy or currency of such information. The same applies for any other information made available by third parties.
LUEX is not liable for the availability of the travel-related product or service at the time of booking or for the performance of the booked travel-related product or service by the Service provider.
Within the scope of its performance obligations, LUEX is only liable for any losses that may result in the following cases, irrespective of legal grounds: The statutory regulations shall apply with the following restriction: Liability or minor negligence on the part of LUEX or its vicarious agents is excluded, provided that neither an essential contractual obligation was breached nor is there a case of initial incapacity, impossibility or default on the part of LUEX. Otherwise liability is limited to the value of the travel-related products and services booked, in any case however to predictable and typical losses. The exclusions of liability or facilitation shall apply in the same manner to the executive bodies of LUEX, as well as to their vicarious agents.
Travellers and Group leaders shall be liable to LUEX for each and every reservation/booking that is made in bad faith or with deceitful intent or with erroneous or incomplete personal data. The opportunity to book travel-related goods and services may only be utilised in order to make legal bookings as a Traveller or as a Group leader for a third party. At the same time, in utilising the offerings the Group leader guarantees that they are authorised and are permitted to act in the name of fellow travellers. In the event that there is a breach of these guarantee, the Group leader is liable without limitation to LUEX and their respective Service providers for the losses resulting from the aforesaid person’s actions.
In many countries there are safety standards that differ from those generally found in Europe, Australia or the USA. Travelers/Group leaders are strongly encouraged, also in their own interest, to access information once again immediately before commencing travel in accessible sources, such as the internet pages of the Foreign Office, with respect to changes in the travel regulations and safety warnings for the country of destination.
11. Final provisions
Should business terms and conditions or parts of the agreement be or become invalid, the validity of the remaining parts of the agreements shall not be affected.
Amendments or additions to all agreements, including a divergence from these general terms and conditions, are only possible in text form (written, by fax or e-mail). Oral agreements require written confirmation to be valid.
All communication between LUEX and a Traveller/Group leader is to be undertaken by e-mail if possible. The Traveller/Group leader therefore promises to receive and read e-mails and implement the information/instructions from LUEX accordingly. LUEX must be informed immediately of changes in contact details.
All contractual relations between LUEX, its customers and Service providers are subject exclusively to German law - with the exception of the UN Contract for the International Sale of Goods (CISG) convention. Dortmund shall be the mutually agreed place of jurisdiction for non-German Travellers.
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
General terms and conditions Blue Tomato
(GTC- Snowboard School)
Valid as from 01.01.2009
§1. Definition of terminology and Preamble
In view of the length of the general terms and conditions in the case of references to persons both genders are not denoted. However, all terms contained in the snowboard school general terms and conditions are gender neutral and are to be understood as referring to both sexes.
Definitions of terminology used
GTC-Snowboard School: the general terms and conditions for the business operations of the snowboard school of Snowboard Dachstein Tauern GmbH
Blue Tomato: Snowboard Dachstein Tauern GmbH, Hochstraße 628, 8970 Schladming, FN:80499 g
Customers: All natural persons or legal entities who use the services of “Blue Tomato” against payment.
Preamble: From 1 January 2009 the following general terms and conditions apply exclusively to any business relationship between Blue Tomato and the customer, regardless of the means of communication used.
1. The GTC- Snowboard School apply to all internet pages which make explicit reference to them, in particular on “www.snowboardschule.blue-tomato.com” as well as to all other engagements in as far as reference is made to them.
2. The period of validity of the GTC-Snowboard School is unlimited and ends with new GTC-Snowboard School coming into force.
3. The customer recognises the exclusive validity of the GTC of Blue Tomato for the entire business relationship. Any other different conditions made by the customer are not recognised by Blue Tomato, unless the management of Blue Tomato has expressly agreed in writing to their validity. Once the customer enters into a business relationship with Blue Tomato through use of the website, he recognises the GTC as the basis for the entire business relationship between the customer and Blue Tomato.
§3 Establishment of a contract
1. The presentation of products within the framework of the on-line shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking the button “send order” the customer is making a binding order for the goods contained in the shopping basket. The confirmation of the receipt occurs immediately after the sending of the order through an automatically generated e-mail and does not yet represent the acceptance of a contract. The acceptance of a contract only occurs when you receive an e-mail from us with which we confirm the order after receipt of payment. The acceptance of the contract is determined by the time of the receipt of payment and the availability of the items offered.
2. The customer has the choice of establishing the contract of purchase in either German or English.
3. If Blue tomato cannot accept the proposal of the customer or certain items in the order are no longer available, the customer is immediately informed of this.
4. In cases of mistakes in transcription, printing and calculations on the website Blue Tomato has the right to cancel the contract.
5. All offers remain valid as long as the particular courses and materials for hire are available. If Blue Tomato cannot meet the demand, Blue Tomato is equally entitled to cancel. In this case, the customer is immediately informed that the product ordered is not available. The price already paid is returned within 14 working days (Saturday not counting as a working day).
6. In the case of a cancellation by the customer or a “no show” the conditions set out under §5 apply.
1. Unless otherwise agreed, the service is provided at the place stated by the customer.
2. Delays in the provision of a service because of force majeure are not the responsibility of Blue Tomato. Events within the category force majeure give Blue Tomato the right to postpone the service for the period of impediment and an appropriate preparation time or to cancel the contract wholly or in part because of the remaining unfulfilled part of the contract. Strikes, natural disasters, war, blockades and other government interventions are to be regarded as force majeure.
3. We have to inform the customer immediately of the occurrence of an event in the category of force majeure which will prevent a forthcoming service being carried out.
§5 Due date, payment, delay and cancellation
1. The cost of all Blue Tomato services includes value added tax at the legal rate and is stated in euros. The prices are valid at the time of the order inclusive of turnover tax.
2. The purchase price becomes due immediately with the order.
3. The customer may pay the purchase price by credit card or advance payment. 50% of the purchase price is taken on establishment of the contract. The remaining payment takes place directly before the provision of the service at the booked school station.
4. The 50% paid at the establishment of the contract counts as a cancellation fee in the case of a justified cancellation at the right time. The cancellation has to have arrived at Blue Tomato in writing (by e-mail to email@example.com) at the latest 1 week before the planned course date. Withdrawal from the contract is only justified in the case of unusual events (e.g. injury – a doctor’s certificate has to be attached).
5. In the case of a no-show or unjustified cancellation Blue Tomato has the right to retain 100% of the sum due.
6. If the customer delays payment then Blue Tomato has the right to demand delayed payment interest at the rate of 5% above the base rate published by the Austrian National Bank. If a further loss is incurred by Blue Tomato through delayed payment, Blue Tomato has the right to assert any claims.
§6 Offsetting and retention of payments
The customer is only eligible to offset expenses if his counter claims are legally established or recognised by Blue Tomato. The customer is only entitled to exercise the right to offset in as far as his counter claim is based on the same contractual relationship.
§7 Liability and risk
1. Claims of customers against Blue Tomato, especially claims for compensation, are, as far as the law permits, not accepted. In as far as the liability of Blue Tomato is excluded or limited, this also applies to the personal liability of employees, representatives and agents of Blue Tomato.
2. Blue Tomato accepts no liability for damage and injury to customers or third parties arising from use of services or material. Every customer accepts that the sport of snowboarding involves a certain degree of risk. The customer must decide himself whether he can make use of the services offered. The customer is required to inform the course leader of any limitations due to health. In as far as the customer does not feel in a position to cope with certain exercises and rides he has to inform the course leader of this. If a customer raises no objection to participating in elements of the course it is assumed that he already possesses sufficient knowledge and capabilities.
3. The limitation on liability does not apply in as far as the cause of injury or damage is intentional or based on gross negligence or there is personal injury.
4. Blue Tomato accepts no liability for problems resulting from inevitable cancellations of and delays to any course.
5. Blue Tomato accepts no liability if the services offered on its website remain accessible without interruption or if stored data remain conserved.
§8 Links to other websites and references
The links to external pages created by Blue Tomato are only signposts to these pages; they are therefore presented by way of external links within in-house browser windows. Blue Tomato does not identify with the content of the pages which are referred to and accepts no liability for them.
§9 Duties of information
When making an order the customer is required to give truthful information. In as far as the data relating to customers change, in particular name, address, e-mail address, telephone number, the customer is required to inform Blue Tomato immediately of any such change. If the customer fails to provide this information or gives false data from the outset, in particular a false e-mail address, then Blue Tomato can withdraw from any contract, in as far as a contract has come into being.
§10 Place of jurisdiction and applicable law
1. Austrian law applies.
2. Austrian law is to be applied exclusively in all legal matters between Blue Tomato and its customers in as far as there are no compulsory legal provisions preventing this to the exclusion of its referral provisions and the UN convention on contracts.
3. For customers as defined by Article 5 of the European Convention on the Law Applicable to Contractual Obligations their compulsory national regulations for consumer protection apply unless the relevant Austrian regulations are more favourable to the consumer.
4. If the customer has no general place of jurisdiction in Austria, moves his place of residence or usual abode abroad after the establishment of the contract or his place of residence or usual abode is unknown at the time the case is brought, then Schladming is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship.
5. If the customer has his place of residence or usual abode in Austria or is employed in Austria, then for any suit against him in accordance with §§88, 89, 93 Para 2 and 104 Para 1 of the Law on Jurisdiction only the competence of the court in the district in which the place of residence, the usual place of abode or the place of employment is situated can be accepted. This is not applicable for legal disputes, which have already arisen. In the case of court proceedings resulting from the contract the compulsory regulations in relation to consumer law at the place of residence of the customer are also applicable to the contractual relationship.
§11 Severability clause
If individual stipulations of the present contract become ineffective or impractical or become ineffective after the establishment of the contract, the validity of the remaining stipulations is unaffected. The ineffective or impractical stipulation is replaced by practical and effective stipulations the effects of which come closest to the commercial intent which the parties to the contract were pursuing with the ineffective or impractical stipulation. The stipulations contained here above also apply in the case of the contract being incomplete.