Download GTC as of March 25th 2025 (pdf)
Download revocation policy and revocation form (pdf)
1.1. Organizer
Tobias Muster, MCD, wAndersguide.tirol, Tyrolean Nature- and Hiking Guide, with registered office in Riednaunweg 11, 6071 Aldrans, Austria, acts as the organizer within the meaning of this contract.
1.2. Subject matter of the contract and scope of application
The following General Terms and Conditions (GTC) apply to all business relationships between Tobias Muster, wAndersguide.tirol, (hereinafter also referred to as the "Organizer") and its contractual partner (hereinafter referred to as the "Participant"). The version of the GTC valid at the time the contract is concluded shall apply.
The organizer conducts star tours, hiking tours and nature education offers in Tyrol and the Alpine region as private tours and/or with groups. In the further course of these GTC, the term "event" is used.
Details on the respective services of the events (e.g. content, price, minimum and maximum number of participants) are defined in the respective advertisement or on www.wAndersguide-tirol.at
This guiding contract covers all obligations as a mountain hiking guide and nature guide to guide a participant on a specific tour. In return, the participant undertakes to pay the fee, unless free of charge has been expressly agreed.
1.3. Conclusion of contract
The guided tour contract between the participant and wAndersguide.tirol is concluded when there is agreement on the essential elements of the contract (aim and purpose of the tour, fee, time and number of people to be guided, etc.). The final conclusion of the contract takes place with a written confirmation by e-mail from the organizer. With this confirmation, the participant receives a packing list, directions and the invoice from wAndersguide.tirol for the relevant event.
Bookings can be made in writing or verbally. Telephone bookings are legally binding. By making a booking, the participant accepts the GTC.
Young participants under the age of 18 require a written declaration of consent from their parents or legal guardians in order to book.
Participants with mental or severe physical disabilities may require a written declaration of consent from a guardian.
If several participants register at the same time, the person who makes the registration is liable for payment of the invoice amount. It is assumed that they are acting in their own name. Furthermore, if a contract for a hiking or nature tour is concluded with several people, all participants are jointly and severally liable for the fee claim.
1.4. Right of withdrawal
According to Section 18 (1) Z 2, Z 10; (2); (3) FAGG, there is no fourteen-day right of withdrawal for services in the area of leisure activities if the contract provides for a specific date or period for the service. A hiking tour scheduled for a specific date is to be regarded as such a leisure activity.
As a result of the revocation, the cancellation conditions for the respective event set out in the GTC or in the event announcement come into force.
2.1. Scope of application
These Terms and Conditions of wAndersguide.tirol, Tobias Muster, Eichenweg 3, 6300 Wörgl (hereinafter: "Provider") apply to all contracts that the customer concludes with the Provider with regard to the services presented in the online store www.wandersguide-tirol.at/en/shop.
"Customers" are both consumers and entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
2.2. Conclusion of contract
The presentation of the services in the online store does not constitute a binding offer by the provider, but rather a non-binding invitation to the customer to place an order with the provider.
By ordering a service by completing and sending the online form on the Internet, the customer submits a binding offer to conclude a contract. By sending the order to the provider, the customer assures that he has unlimited legal capacity. The provider is not obliged to accept the customer's offer. Confirmation of receipt of the customer's order does not constitute acceptance of the customer's offer.
The provider is entitled to accept this offer within a period of seven calendar days by sending an order confirmation or sending the ordered service. The order confirmation shall be sent by e-mail. If the deadline expires without result, the offer is deemed to have been rejected.
2.3. Prices
The prices quoted by the provider are final prices. Any additional costs incurred are indicated separately in the respective presentation. The prices quoted correspond to the status known at the time of publication. Errors and input errors are possible and cannot be ruled out. Prices are subject to change without notice.
All prices quoted are exempt from VAT due to the small business regulation acc.
§ 6 Abs. 1 Z 27 UStG exempt from sales tax.
2.4. Terms of payment
You will be informed about the specific terms of payment during the order process. Payment via paypal or purchase on account are possible.
2.5. Limitation of liability
The provider is liable for intent and gross negligence. Furthermore, the provider is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer regularly rely. In the latter case, however, the provider is only liable for the foreseeable damage typical for the contract. The provider is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of our online trading system.
2.6. Place of jurisdiction
The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods (UN Convention on Contracts for the International Sale of Goods). In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider. The same applies if the customer does not have a general place of jurisdiction in Austria or the EU or if his place of residence or habitual abode is unknown at the time the action is filed.
2.7. Consumer information
The following technical steps lead to the conclusion of a contract when ordering via the provider's online order form:
On the provider's presentation page, the customer first clicks on the "Add to shopping cart" button. A new page then opens showing the contents of the shopping cart.
Now the customer clicks on the "Checkout" button in the second step, either directly or after adding further goods (services) to the virtual shopping cart. The customer then fills out the form and clicks on the "Shipping and payment method" button. A new page then opens, on which the customer can select the desired payment and shipping method in the next step by clicking on it. The order details are also summarized.
In the final step, after confirming these General Terms and Conditions and the cancellation policy, the customer clicks on the "Order with obligation to pay" button, thereby submitting a binding offer.
Acceptance by the Provider shall be in accordance with Section 2.2 of the Provider's General Terms and Conditions.
The customer can check his entries before submitting his order and correct them using the technical means provided by the provider. The corrections can be made directly using the usual keyboard and mouse functions. If he wishes to correct his entries, he can do so by going back to the previous store page by clicking on the back button of the browser he is using. The corrections can then be made again using the usual keyboard and mouse functions directly on the presentation page in the corresponding input fields.
The text of the contract is stored by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) after conclusion of the contract together with these GTC and customer information. In addition, the text of the contract is archived by the provider and can be requested by the customer free of charge for a period of 90 days after conclusion of the contract.
For information on data protection, please refer to the privacy policy at www.wandersguide-tirol.at/en/privacy.
2.8. Cancellation policy
2.8.1 Right of withdrawal for goods
You have the right to cancel a purchase contract with wAndersguide.tirol for a voucher for a star tour within fourteen days without giving reasons, provided that this voucher is not linked to a specific date.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods;
To exercise your right of withdrawal, you must send us
Tobias Muster, wAndersguide.tirol, Riednaunweg 11, 6071 Aldrans,
Tel.: 0043/660 12 85 247, e-mail: info@wandersguide-tirol.at
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract.
The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
2.8.2 Right of withdrawal for services
There is no fourteen-day right of withdrawal according to § 18 para. 1 no. 2, no. 10; para. 2; para. 3 FAGG for services in the area of leisure activities if the contract provides for a specific date or period for the service. A hiking tour scheduled for a specific date is to be regarded as such a leisure activity.
As a result of the revocation, the cancellation conditions for the event regulated in these GTC or in the respective event advertisement come into force.
3.1. General requirements
The requirements for participation in an event with regard to equipment and fitness are described in the respective announcement and must be met by the participant. Participants are responsible for the condition and maintenance of any equipment they bring with them and for their own state of health.
Due to legal obligations, the mountain guide must ensure before the start of an event that the participants are adequately equipped and meet the requirements of the event. wAndersguide.tirol reserves the right to refuse to guide persons who are inadequately equipped or obviously not up to the requirements of the planned event. In this case, there is no entitlement to a refund of the fee.
In order to assess the suitability of the individual participant for the planned event, the participant undertakes to provide truthful information to wAndersguide.tirol.
If the participant has physical limitations that could be of significance for safety-relevant aspects of the event (e.g. circulatory problems, diabetes, allergies or illnesses), these must be communicated to the mountain hiking guide in advance. The participant undertakes not to be under the influence of alcohol or narcotics during the event, which can lead to restrictions in the ability to react and physical condition.
Bringing your own dogs to events is only possible after prior consultation with wAndersguide.tirol, as this is a safety-relevant aspect of tour planning when crossing pasture areas and hunting grounds and the presence of several dogs on a star tour can affect the course of the tour.
3.2. Tour start
The participant is responsible for being ready at the agreed time and place for the event. Failure to do so shall not entitle the participant to a refund of the participation fee.
3.3. Number of participants
The quality standard of wAndersguide.tirol is to offer star tours and nature experiences in an individual, personal setting. For this reason, a deliberately small number of participants is set for all events. The minimum and maximum number of participants for an event is stated in the relevant announcement.
All events can only be held if the specified minimum number of participants is reached. If this is not the case, the organizer wAndersguide.tirol is entitled to withdraw from the contract by the deadline stated in the event advertisement. In this case, the fee already paid by the participant to wAndersguide.tirol will be refunded in full. The participant shall have no further claims for costs incurred as a result of the cancellation of the event.
If the participant nevertheless insists on holding the event, wAndersguide.tirol may submit a new offer with a new price calculated on the basis of the lower number of participants. If the participant agrees to the recalculated price, a new contract is concluded. However, wAndersguide.tirol is under no obligation to reschedule the event.
If the number of registrations exceeds the maximum number of places available for an event, the participant will be placed on a waiting list according to the time of receipt of the registration. The participant will be informed of this immediately by e-mail. It may also be possible to switch to another available event date.
3.4. Risks
Mountain guides cannot guarantee absolute safety from the objective dangers in the mountains. The participant accepts the natural risk of mountain hiking, which remains despite careful and prudent guidance. This is expressly confirmed by the participant upon registration.
Due to the special responsibility for the safe and proper execution of the event, the participants undertake with the conclusion of the guiding contract to submit to the instructions of the mountain hiking guide, which he gives in his function as responsible and knowledgeable leader of the event. Should these instructions be ignored by the participants, the mountain guide cannot be held responsible for any resulting consequences.
3.5. Insurance of the participants
As a Tyrolean Mountain Guide and member of the Tyrolean Mountain Guides Association, wAndersguide.tirol has the legally required liability insurance. Any private insurance (e.g. accident insurance) in connection with the planned event must be taken out by the participants themselves.
In this context, it should be noted that helicopter or mountain rescue missions can incur very high costs due to accidents, which are generally not covered by the relevant social insurance providers and must therefore be paid by the participant concerned. It is therefore strongly recommended that take out mountain rescue insurance.
In principle, there is no cancellation insurance for events organized by wAndersguide.tirol. Participants are also responsible for complying with any passport, visa, customs, foreign exchange and health regulations at their own expense.
4.1. Services of wAndersguide.tirol
wAndersguide.tirol offers a professional, carefree and safe mountain and nature experience. The services provided by wAndersguide.tirol basically include:
• Tour planning and preliminary discussion
• Provision of snowshoe hiking equipment if required
• Packing list for participants and equipment check
• Table and hut reservations
• Organization of travel and transport
The ancillary costs not included in these services are described in point 4.3. of the GTC.
The exact scope of the respective services can be found in the corresponding event announcement. The event description represents the planned course of the event without guaranteeing the exact schedule. Changes to the event are also possible at short notice due to weather conditions. wAndersguide.tirol constantly endeavors to describe the event offers published on www.wAndersguide.tirol correctly and as accurately as possible. However, the course of an event may be subject to change. The information regarding the time and duration of the events offered may vary and is therefore non-binding and should only be regarded as a guideline. If the situation requires it, a different route or location may be chosen for a star tour. In this case, the participant is not entitled to a refund.
4.2. Prices
The currently valid prices of wAndersguide.tirol for star tours are shown on www.wandersguide-tirol.at/en/professional-hiking-guide-prices or can be found in the respective event advertisement.
All prices quoted are exempt from VAT due to the small business regulation acc.
§ 6 Abs. 1 Z 27 UStG exempt from sales tax. The prices quoted correspond to the status known at the time of publication. Errors and input errors are possible and cannot be ruled out. Prices are subject to change without notice.
4.3. Incidental costs
All additional costs incurred by the participant such as travel, accommodation, meals, transportation costs such as cable cars and rental equipment are to be borne by the participant and are not included in the event price.
Unless expressly agreed otherwise in writing, all expenses incurred by wAndersguide.tirol, such as accommodation, meals including drinks and travel and transportation costs, shall be borne by the participant and must be paid in cash on site. Exceptions to this are agreed in the relevant event announcement.
The booking is binding for both contracting parties upon written confirmation of the registration by the organizer by e-mail. The invoice for the event in question is issued at the same time as the booking confirmation. The customer agrees that invoices may be issued and sent to them electronically. The terms of payment and the payment deadlines for the respective event are noted on the invoice.
If the participant fails to make payment in accordance with the agreed payment due dates, wAndersguide.tirol is entitled to withdraw from the contract after issuing a reminder and setting a deadline and to charge the participant cancellation fees in accordance with section 7.1.
6.1. Warranty
The participant has a warranty claim in the event of non-performance or defective performance. The customer must notify wAndersguide.tirol immediately of any defect in the performance of the contract that he/she discovers during the event. Failure to do so shall not affect warranty claims. However, it may be counted as contributory negligence on the part of the participant and thus reduce any claims for compensation.
The fitness, health and technical requirements for participants, which are indicated in the descriptions of each event, must be taken seriously.
Even with the most conscientious planning and weather forecasts by wAndersguide.tirol, it is not possible to guarantee that a hiking tour will take place on a given date. It is in the nature of hiking tours in the great outdoors that there is a certain weather risk and uncertainty for the participant.
Reasonable and objectively justified program changes due to weather conditions, other dangers, as well as fitness and surefootedness deficiencies of individual participants are therefore reserved for all tours.
If the participant is responsible for a service disruption, such as a health impairment (e.g. too slow acclimatization to the altitude, lack of fitness, etc.), the participant cannot derive any claims from this.
6.2. Compensation for damages
In the event of a culpable breach of an obligation arising from the contractual relationship, wAndersguide.tirol shall be liable to the participants for compensation for the resulting damage within the scope of the legally binding liability insurance for personal injury, property damage and financial loss. The mountain guide is not liable in the event of slight negligence. Claims for compensation for loss of vacation enjoyment are also excluded. Any compensation for damages is limited to the amount of the liability insurance cover in force at the time.
6.3. Limitation of liability
Apart from the legal liability situations, participants take part in the mountain tours at their own risk. A considerable degree of prudence is therefore required of every participant. All events are prepared and guided to the best of our knowledge and belief. No guarantee can be given for a clear starry sky or subjectively imagined observation targets. It is in the nature of the event that a certain residual risk and uncertainty remains for the participant. Appropriate tour preparation through endurance sports, appropriate technical training and personal prudence reduces the risk of accidents and is therefore strongly recommended for every participant.
Due to the special responsibility for the safe and proper execution of the event, the participants undertake with the conclusion of the guiding contract to submit to the instructions of the mountain hiking guide, which he gives in his function as responsible and knowledgeable leader of the event. Should these instructions be ignored by the participants, the mountain guide cannot be held responsible for any resulting consequences.
If the participant causes damage to third parties which is caused by a breach of the instructions of the mountain hiking guide or the rules of the event, liability of the mountain hiking guide is excluded, unless the mountain hiking guide is contributory negligent. The participant indemnifies the provider against claims by third parties for such damage.
7.1. Cancellation by the participant
If participation in an event is canceled by a participant, or if a participant does not appear at the event as agreed, cancellation conditions come into force. Cancellation of participation by the participant due to bad weather shall be deemed to be a cancellation.
Cancellations must be sent in writing to info@wandersguide-tirol.at or by post to wAndersguide.tirol, c/o Tobias Muster, Riednaunweg 11, 6071 Aldrans. Cancellations by telephone will not be accepted. Cancellation shall be deemed to have been made on the date of receipt of the written declaration of cancellation.
As a result of the participant canceling, the cancellation conditions for the event set out in the GTC or in the respective event announcement shall come into force.
These can be found at www.wAndersguide-tirol.at/en/hiking-in-the-tyrol or in the booking confirmation.
Furthermore, the participant must reimburse any additional costs already incurred by wAndersguide.tirol, e.g. mountain guide expenses.
In addition, the participant is responsible for any cancellation costs of hotels or huts etc. It is recommended that you take out cancellation insurance.
If the withdrawing participant provides a substitute participant who takes over the booking and all resulting obligations of the withdrawing participant, the cancellation costs are waived.
7.2. Withdrawal by wAndersguide.tirol before the start of the tour
7.2.1 Minimum number of participants
All events can only be held if the minimum number of participants stated in the event advertisement is reached. If this is not the case, wAndersguide.tirol is entitled to withdraw from the contract by the deadline stated in the event advertisement. The fee already paid to wAndersguide.tirol will be refunded in full to the participant. There are no further claims. Should additional costs arise for the participants as a result of the cancellation, these are to be borne by the participants themselves.
If the participant nevertheless insists on holding the event, wAndersguide.tirol may submit a new offer with a new price calculated on the basis of the lower number of participants. If the participant agrees to the recalculated price, a new contract is concluded. However, wAndersguide.tirol is under no obligation to reschedule the event.
7.2.2 Force majeure
Cancellation of the event by the organizer is due to force majeure, i.e. if unusual and unforeseeable events occur over which wAndersguide.tirol has no influence and the consequences of which could not have been avoided despite exercising due care. These include strikes, war or warlike conditions, epidemics, pandemics, natural disasters, adverse weather conditions, illness of the mountain guide and other reasons that make it impossible to carry out the service.
In the event of force majeure, the fee already paid to wAndersguide.tirol will be refunded in full. There are no further claims. Should additional costs arise for the participants as a result of the cancellation, these are to be borne by the participants themselves.
7.3. Withdrawal by wAndersguide.tirol after the start of the tour
7.3.1 Improper behavior
wAndersguide.tirol shall be released from its obligation to perform the contract if the participant causes lasting disruption to the event by behaving inappropriately, regardless of a warning. In this case, the participant is obliged to compensate wAndersguide.tirol for the damage, provided that he/she is at fault. Any additional costs incurred (e.g. for an early return journey, accommodation costs, meals, etc.) shall be borne by the participant.
7.3.2 Impossibility of performance of the service
wAndersguide.tirol is entitled to cancel an event if it is impossible to provide the service (e.g. in the event of adverse weather conditions, illness of the mountain guide, government orders, strikes, war or war-like conditions, epidemics, natural disasters, etc.). Participants are entitled to a pro rata reimbursement of the expenses not incurred by wAndersguide.tirol; there are no further claims. Any additional costs incurred are to be borne by the participants.
7.3.3 Change of tour itinerary
wAndersguide.tirol is also entitled to change or shorten the itineraries and event content if circumstances so require. Reasons for this could be, for example, war or warlike conditions, strikes, natural disasters, adverse weather conditions, epidemics, but also delays or breakdowns of means of transportation, unavailability of planned accommodation. In such cases, the participant is not entitled to compensation for services not provided in accordance with the service description.
wAndersguide.tirol reserves the right to increase the fee confirmed with the booking for reasons beyond the control of wAndersguide.tirol if the date of the event is more than three months after the conclusion of the contract. All tours are subject to program changes due to weather changes, other alpine dangers as well as fitness weaknesses of the individual participants and other reasons. According to the applicable mountain sports guide law, the mountain guide is obliged to cancel a mountain tour if unforeseeable special circumstances arise in which the physical safety of the participants appears to be at risk. In this case, the decision depends on the participant or participants who are unable to cope with the demands of the tour. The participants of the event can therefore not assert any claims for compensation against wAndersguide.tirol due to these circumstances.
The principle of personal execution of the mountain guide contract applies. In the event of hindrance due to important reasons (e.g. illness, death in the family, etc.), the mountain guide is entitled to transfer the guiding activity to a third party. The guest expressly agrees to this transfer option. In such a case, liability is limited to any fault in selection.
The use of rental equipment from wAndersguide.tirol - snowshoe hiking equipment or similar - is at the participant's own risk. Any damage to the rental equipment caused by the participant that goes beyond normal wear and tear shall be borne by the participant. Participants are responsible for insuring themselves against liability claims. The participant is liable for damage caused from the time the rental item is made available to him/her until the end of use - unless the damage occurred before use and is obviously not related to the participant.
wAndersguide.tirol is entitled to process and store personal data in the context of contract processing and for purposes arising from the contract. The complete privacy policy of wAndersguide.tirol can be found at www.wandersguide-tirol.at/en/privacy.
The place of fulfillment is Aldrans. Austrian law shall apply to the exclusion of the conflict of laws rules. The place of jurisdiction for all services and disputes is the District Court of Innsbruck, Brunecker Str. 3, 6020 Innsbruck. The place of jurisdiction shall apply equally to domestic and foreign participants.
If a provision of this agreement is invalid in whole or in part or if it subsequently loses its legal validity, this shall not affect the validity of the remaining provisions.
The invalid provision shall be replaced by a valid or effective provision that corresponds as closely as possible to the economic purpose of the invalid provision.
Terms and Conditions as of March 25th, 2025
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