A. GENERAL CONDITIONS

I. Offers and Services are subject to these General Terms & Conditions insofar as is not otherwise agreed in a separate contract. The customer's general terms and conditions shall apply only if these are previously expressly agreed in writing.

II. allrounder mountain resort gmbh & co. kg is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims for Damages by the Client for Breach of Obligation are excluded unless such claims are a direct result of injury to life, body or health for which allrounder mountain resort gmbh & co. kg is responsible for wilful neglect of duty, caused by an intentional or gross negligent act. A breach of obligation allrounder mountain resort gmbh & co. kg is deemed to be the equivalent to a breach of its legal representatives, or vicarious agents.

III. In the event of simple negligence compensation for all claims for damages or losses other than claims of injury to life, body or health, shall be limited to the sum 250.000,- Euros. The limitation period for claims and rights against allrounder mountain resort gmbh & co. kg arising for whatever legal reason from deficiencies of services is one year from the beginning of the statutory limitation period. Claims for Damages fall under the statute of limitations and shall be barred after five years, independent of knowledge. The statutory period of limitations does not apply to claims, based on intentional or gross negligent acts; claims for contractual intentional or gross negligence acts; claims of injury to life, body or health.

IV. The customer shall not apply offset or any right of retention over a claim for payment by allrounder mountain resort gmbh & co. kg unless his counterclaim is undisputed or has been established by a court of law.
allrounder mountain resort gmbh & co. kg maintains the its rights to verify costs of credit card guarantees.

V. allrounder mountain resort gmbh & co, kg behält sich vor, die Kostendeckung von gegebenen Kreditkartengarantien zu überprüfen.

VI. Pets are only allowed access to the building subject to the prior consent has been agreement by allrounder mountain resort gmbh & co. kg and may be subject to additional costs.

VII. Articles left behind by the customer will only be forwarded upon the customers' request and at client’s risk and clients' expense. allrounder mountain resort gmbh & co. kg shall store items of obvious value for three months, after which period they shall be handed over to the local lost-property office. In all other cases allrounder mountain resort gmbh & co. kg shall dispose of the lost items after the three-month grace period.

VIII. Amendments or additions to contractual agreements or the terms and conditions herein must be made in writing. In all other cases the agreed terms and conditions shall apply.

IX. The sole court of jurisdiction for commercial transactions, place of performance and payment is the registered domicile of allrounder mountain resort gmbh & co. Kg. Insofar as a contracting party fulfils the requirements of the section 38, paragraph 1 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the allrounder mountain resort gmbh & co. kg registered office have jurisdiction.

X. Laws of the Federal Republic of Germany shall apply. The application of the UN Convention on the International Sale of Goods and the conflict of law are excluded.

XI. Should one or several of the provisions contained in these General Terms and Conditions be or become ineffective in whole or in part, this shall not affect the legal validity of the remaining provisions. In all other cases the statutory provisions shall apply.

B. SKI HALL, SKI LIFTS

I. The following terms and conditions (Section B) is additional for contracts underlying those set forth in Section A for the use of the ski hall.

II. Access to the snowed covered areas is only allowed with skis, snowboards or similar gliding equipment – sledges are not allowed. Refer to the rules for the use of the ski lifts in the general terms and conditions of carriage. Waiting times can arise due to Technical and/or Visitor related issues, the result of which shall not result in the entitlement for cancellation and/or reimbursement of the services booked as the services booked can be used later. The allrounder>card is not transferable. The card is a reusable data-medium and remains the explicit property of allrounder mountain resort gmbh & co. kg. In the event of fraudulent use allrounder mountain resort gmbh & co. kg reserves its right to confiscate, remove or invalidate the card without refund.

III. A refund for loss of the allrounder>card and receipt on the slopes shall be calculated based on the time the loss was reported and the use of the slope on that particular day, unless the customer can prove that the time used was definably less. Loss of just the allrounder>card with be calculated and refunded upon presentation of the receipt. ALL forms of slope access are not transferable.

IV. In individual cases as a result of special events, allrounder mountain resort gmbh & co. kg reserves the right to relinquish access and close the slopes to holders of season tickets. In such cases the allrounder mountain resort gmbh & co. Kg shall display notices to this effect within the building a minimum of two weeks prior to date of closure.

C. SKI SCHOOL AND CLIMBING SCHOOL

I. The following Section C is additional to the general terms and conditions in Section A for contracts relating to the booking/participation of courses provided by the ski school or climbing school.

II. Customers can change the date of the booked course 1 day in advance at no extra charge. Refunds will be given for courses cancelled a minimum of 7 days prior to the course. Cancellations or no-shows after this period will result in a cancellation charge of 60% of the course fee. Customer statutory rights to prove that no damages or that damages were substantially lower than asserted for the course explicitly apply. Courses stopped due to bad weather conditions will result in the course completion at a later time.

III. allrounder mountain resort gmbh & co. kg reserves the right to cancel a course and void the contract in the event that; less than 4 persons are registered to participate in the course; instructor sickness; or technical defects. In any such case the participant will be informed as soon as possible and the course fee returned.

D. HIRE EQUIPMENT

The following Section D is additional to the general terms and conditions in Section A for contracts relating to the paid use of Hire Equipment from the allrounder mountain resort gmbh & co. kg.
Hire Equipment is to be returned immediately after use on either the slope, climbing wall or climbing park. Theft or attempted theft will result in prosecution to the full extent of the law. allrounder mountain resort gmbh & co. kg is entitled to claim a fee for damaged equipment or goods equal to 50% of the replacement value of the damaged equipment or goods. Likewise allrounder mountain resort gmbh & co. kg reserves the right to claim greater proven damages. In the case of the customer cause to prove that no damages or that damages were substantially lower than asserted for the equipment or goods explicitly apply.

E. CLIMBING WALL

The following Section E is additional to the general terms and conditions in Section A for contracts relating to the use of the climbing wall. In all cases the rules for climbing, access and usage apply. In the case that the climbing wall must be closed due to bad weather conditions the customer retains the right to use the remaining time at a later period. It is compulsory for beginners to participate in an introductory course.

F. KLETTERPARK

The following Section F is additional to the general terms and conditions in Section A for contracts relating to the use of the climbing park. In all cases the rules for access and usage at the entrance to the climbing park apply. Only equipment from the hire department of the allrounder mountain resort gmbh & co. kg is allowed within the climbing park. The equipment is to be worn at all times during your stay in the climbing park. In the case that the climbing park must be closed due to bad weather conditions the customer shall retain the right to use the remaining time at a later period.

G. HOTEL ACCOMMODATION RENTAL AGREEMENT

I. Scope

1. The following Section G, Accommodation Rental Agreement is additional to the general terms and conditions of the allrounder mountain resort gmbh & co. kg in Section A for contracts relating to the use of rented accommodation.
2. Sub-letting or re-letting of the accommodation for purposes other than lodging require the prior written consent of the allrounder mountain resort gmbh & co. kg. § 540, paragraph 1, sentence 2 German Civil Code (BGB) which is waived if the customer is not a consumer.

II. Termination of contract, the contractual partners and the statute of limitations

1. Contractual partners are allrounder mountain resort gmbh & co. kg and customer. If a third party placed the reservation for customer, then that party shall be liable vis-à-vis to allrounder mountain resort gmbh & co. kg for all obligations arising from the hotel accommodation rental agreement as joint debtor with the customer, unless otherwise agreed between the allrounder mountain resort gmbh & co. kg and third-party.

III. Prices, Payment and Retention Rights

1. The agreed rates include relevant and statutory value-added tax.
2. allrounder mountain resort gmbh & co. kg can change its agreement and raise its prices according to  customer's request for a reduction of; the number of reserved rooms; services required at the allrounder mountain resort gmbh & co. kg; or the customer's length of stay.
3. allrounder mountain resort gmbh & co. kg is entitled to require a reasonable advance payment or security deposit upon conclusion of agreement or at anytime thereafter, observing the legal provisions for such. Observation of the statutory rights for package tours remains unaffected.

IV. Customer withdrawal (i.e. cancellation, non-utilisation of allrounder mountain resort gmbh & co. kg services (No Show)

1. In the event that a customer withdraws, cancels, does not utilize or does not show, allrounder mountain resort gmbh & co. kg shall deduct any earned revenue resulting from re-letting the reserved room against any cancellation fees pending.
2. If reserved rooms are not resold, allrounder mountain resort gmbh & co. kg can and at its discretion, demand the contractually agreed payment due and generalize a deduction for expenses recovered. In this case, the customer is obligated to pay 90 % of the contractually agreed rate for accommodation with or without breakfast, 70 % for room and half-board, and 60 % for room and full-board. Customer is entitled to prove evidence to the effect that the hotel either incurred no damage at all or that the actual damage incurred amounts to less than the amount demanded by the hotel

V. Cancellation by allrounder mountain resort gmbh & co. kg

1. If and to the extent that a right of rescission has been agreed and which is free of charge and within a certain period that was agreed upon in writing for the Customer, then allrounder mountain resort gmbh & co. kg shall also be entitled to cancel the contract during that period if inquiries from other Customers regarding the contractually booked rooms exist and the Customer does not waive his right of rescission upon inquiry thereof by the allrounder mountain resort gmbh & co. kg.
2. allrounder mountain resort gmbh & co. kg reserves the right to cancel this agreement if payment from customer pursuant to Paragraph 3, sect. 3 has not been honoured even after an appropriate grace period was set.
3. Further, allrounder mountain resort gmbh & co. kg has the right to terminate the contract for cause, such as Act of God or other circumstances that are not outlined by allrounder mountain resort gmbh & co. kg which make it impossible to fulfill the terms of the contract;
   ·    Apartments booked with false or deceptive information for example: identity of the customer or the purpose
   ·    allrounder mountain resort gmbh & co. kg is reasonably justified in assuming that the requested services, the security of other guests or employees in the hotel, as well as the public reputation of allrounder mountain resort gmbh & co. kg are put at risk, notwithstanding the territory or the organization allrounder mountain resort gmbh & co. kg;
   ·    A breach of contract pursuant to Paragraph. I Nr. 2 above.
4. Upon the justified termination or cancellation of the contract by allrounder mountain resort gmbh & co. kg, the customer retains no right to claims of indemnity or loss.
5. If cancellation of the agreement by allrounder mountain resort gmbh & co. kg shows cause for damages from customer then the allrounder mountain resort gmbh & co. kg shall utilise the calculation for damages according to Paragraph IV. Nr. 2.

VI. Preparation, handover and return of the accommodation

1. The customer has no claim to a specific room.
2. Accommodation is available to the guest after 3pm on the arranged day of arrival.
3. On the arranged departure date, the rooms must be vacated by 12pm. In order to recover any incurred damages due to additional use of the rooms, allrounder mountain resort gmbh & co. kg has the option to charge 50% of the full listed price if not vacated before 6pm, and 100% if vacated anytime thereafter. This shall not constitute any contractual claims on the part of the customer. Customer is entitled to prove evidence to the effect that allrounder mountain resort gmbh & co. kg either incurred no damage at all or that the actual damage incurred amounts to less than the amount demanded.

VII. Liability of von allrounder mountain resort gmbh & co. kg

1. The allrounder mountain resort gmbh & co. kg shall be liable for items brought in pursuant to the German Civil Code (§ 702 BGB). allrounder mountain resort gmbh & co. kg recommends that money, securities and valuables be placed in the secured room safe. The claim of liability is lost if customer does not immediately notify allrounder mountain resort gmbh & co. kg of the loss, vandalism or damage pursuant to the German Civil Code (§ 703 BGB).  Liability shall lie with the hotel only if the room and safe were secured.
2. If and to the extent that a parking space in the Hotel's garage or on the Hotel's car park is provided to the Customer free of charge or for a fee, this shall not constitute a safekeeping agreement. The allrounder mountain resort gmbh & co. kg assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property, nor the contents thereof, excepting cases of intent or gross negligence. Section A Paragraph II and III apply mutatis mutandis.
3. Wake-up calls are carried out with the greatest possible diligence by allrounder mountain resort gmbh & co. kg. Messages, mail and shipping of goods are handled with care for guests, allrounder mountain resort gmbh & co. kg takes over delivery, storage, and – upon request – the forwarding of such items for a fee. Section A Paragraph II and III apply mutatis mutandis.

H. EVENTS

I. Scope

1. The following Section H is additional to the general terms and conditions in Section A for contracts pertaining to the rental of Conference, Banqueting and Exhibition Rooms from allrounder mountain resort gmbh & co. kg for the implementation of events such as banquets, seminars, conferences, exhibitions, presentations etc., as well as all further services and deliverables for such.
2. Prior written consent is required from allrounder mountain resort gmbh & co. kg for Sub-letting or on-letting the rooms, surfaces, showcases or other leased areas, or if invitations are issued for introductory interviews, sales promotions, or similar events. Whereby Paragraph 540 Section 1 Sentence 2 German Civil Code (BGB) is waived if the customer is not a consumer.

II. Termination of contract, the contractual partners and the statute of limitations

1. If ordering party is not the customer, ie a commissioned commercial agent or broker that placed the reservation for customer, then that party shall be liable vis-à-vis to allrounder mountain resort gmbh & co. kg for all obligations arising from the this Conference and Banqueting Agreement as joint debtor with the customer, unless otherwise agreed between the allrounder mountain resort gmbh & co. kg. and ordering-party.

III. Prices, Payment and Retention Rights

1. Customer is responsible for any and all royalty payments due to copyright collecting agencies.
2. The agreed rates include relevant and statutory value-added tax.
3. allrounder mountain resort gmbh & co. kg is entitled to require a reasonable advance payment or security deposit upon conclusion of agreement or at anytime thereafter.
4. In justified cases, e.g. the customer's default in payment, allrounder mountain resort gmbh & co. kg shall be entitled to insist upon an advance payment or security deposit pursuant to Paragraph 3 or increase the advance payment or security deposit agreed in the contract for the total agreed remuneration for requested services.

IV. Rescission by customer (cancellation, No-show)

1. To the extent that allrounder mountain resort gmbh & co. kg has not agreed to a free cancellation fee for customer or ordering partner, so shall customer or ordering partner be liable for the full payment of goods and/or services ordered if further rental of goods or services in no longer possible. This shall not apply if the allrounder mountain resort gmbh & co. kg obligations towards the customers legally protected interests and rights are breached by allrounder mountain resort gmbh & co. kg, and/or if customer or ordering party cannot be expected to oblige the concluded contract without suffering damages or if there are any other legally binding laws or rights for withdrawal that apply.
2. The written agreement for withdrawal by Customer or ordering party is waived if either customer or ordering party fails to withdraw from agreement by the binding date of withdrawal in writing allrounder mountain resort gmbh & co. kg unless the stipulations as per Paragraph 1 Sentence 2 are met.
3. Cancellation by customer or ordering party of the agreed services and or goods, so shall allrounder mountain resort gmbh & co. kg be entitled to invoice the customer or ordering party the room-hire fee plus 35% of the anticipated food and beverage income; cancellation placed 28 days or later prior to the event will result in 70% of the anticipated food and beverage income being invoiced.
4. Calculation of the anticipated food and beverage income is as follows: agreed menu price plus beverages times the agreed number of delegates. If no price for the menu has been agreed, the price of the least expensive 3-course menu applies and beverages charged at a flat fee of one-third of the 3-course menu.
5. In the event that a conference package for the delegates has been agreed, then allrounder mountain resort gmbh & co. kg is entitled to invoice customer or ordering party for 60% of the conference package times the agreed number of delegates; cancellation later than 28 days prior to the event will be charged with 80% of the conference package rate times the agreed number of delegates.
6. A flat rate for deduction of fees has been accounted for in Paragraphs 3 
to 5. Customer is entitled to prove evidence to the effect that no damaged was incurred or that the actual damage incurred amounts to less than the amount demanded above.

V. Rescission by allrounder mountain resort gmbh & co. kg

1. If and to the extent that a right of rescission has been agreed and which is free of charge and within a certain period that was agreed upon in writing for the Customer, then allrounder mountain resort gmbh & co. kg shall also be entitled to cancel the contract during that period if inquiries from other Customers regarding the contractually booked rooms exist and the Customer does not waive his right of rescission upon inquiry thereof by the allrounder mountain resort gmbh & co. kg.
2. allrounder mountain resort gmbh & co. kg reserves the right to cancel this agreement if payment from customer pursuant to Paragraph 3, sect. 3 has not been honoured even after an appropriate grace period has been set.
3. Further, allrounder mountain resort gmbh & co. kg has the right to terminate the contract for cause, such as Act of God or other circumstances that are not outlined by allrounder mountain resort gmbh & co. kg which make it impossible to fulfill the terms of the contract;
   Apartments booked with false or deceptive information for example: identity of the customer or the purpose allrounder mountain resort gmbh & co. kg is reasonably justified in assuming that the requested services, the security of other guests or employees in the hotel, as well as the public reputation of allrounder mountain resort gmbh & co. kg are put at risk, notwithstanding the territory or the organization allrounder mountain resort gmbh & co. kg; A breach of contract pursuant to Paragraph. I Nr. 2 above.
4. Upon the justified termination or cancellation of the contract by allrounder mountain resort gmbh & co. kg, the customer retains no right to claims of indemnity or loss. If cancellation of the agreement by allrounder mountain resort gmbh & co. kg shows cause for damages from customer then the allrounder mountain resort gmbh & co. kg shall utilise the calculation for damages according to Paragraph IV. Nr. 2.

VI. Changes to the number of delegates and/or the date and/or time of the event

1. Changes to the number of delegates exceeding 5% must be provided to allrounder mountain resort gmbh & co. kg no later than 5 working days prior to the event and written acceptance of the changes confirmed by allrounder mountain resort gmbh & co. kg.
2. A reduction in the number of delegates agreed that does not exceed 5% of the agreed number of delegates from the customer or ordering party will be taken into consideration for the final invoice by allrounder mountain resort gmbh & co. kg. A reduction of the number of delegates agreed that exceeds 5% of the number of delegates agreed shall be calculated with the full amount of agreed delegates minus 5% of the agreed number of delegates. The customer or ordering party shall have the right to demand reduction of the price if the customer can demonstrate that the allrounder mountain resort gmbh & co. kg made costs savings due to the smaller number of participants. Of which the customer or ordering party must take the 5% tolerance above in to consideration.
3. In the case that the number of delegates is higher than the number of agreed delegates then the number of actual delegates will be invoiced.
4. If the event begin and/or end of the event is accepted by allrounder mountain resort gmbh & co. kg so can allrounder mountain resort gmbh & co. kg charge additional fees for the added cost of stand-by service, unless allrounder mountain resort gmbh & co. kg is at blame for such.

VII. Customer Food and Beverages
It is prohibited for the customer or ordering party to bring food and Beverages on to the premises.

VIII. Technical Equipment and Connections

1. In the event that allrounder mountain resort gmbh & co. kg is commissioned by customer or ordering party to procure technical equipment or other technical facilities from third parties, so shall allrounder mountain resort gmbh & co. kg act on behalf of customer or ordering party which authorises actioning thereof and shall invoice customer or ordering party. Customer or ordering party is liable for the proper treatment and orderly return of the equipment and customer or ordering party exempts allrounder mountain resort gmbh & co. kg from all claims of third parties concerning the equipment procured for customer or ordering party.
2. The use of electronic equipment procured or brought on to the premises by customer or ordering party requires the prior written approval by allrounder mountain resort gmbh & co. kg. Any damage or failure caused to allrounder mountain resort gmbh & co. kg as a direct result of the use of electronic equipment procured or brought on to the premises by customer or ordering party shall be charged accordingly to customer or ordering party. The use of electronic equipment can result in a flat-fee being charged for electricity by allrounder mountain resort gmbh & co. kg.
3. The use of Customer or ordering party telephones, fax machines or data transmission units requiring hook-up requires the prior written approval by allrounder mountain resort gmbh & co. kg a fee for such may be charged.
4. Should a problem arise within the allrounder mountain resort gmbh & co. kg telephony network due to the connection of customer or ordering party equipment pursuant to VII, 3, so can allrounder mountain resort gmbh & co. kg charge a fee for damages and/or shortfall as a result.
5. Technical problems or failures in equipment provided by allrounder mountain resort gmbh & co. kg will be brought to order as quickly as possible. Claim for a compensation or reduction of hire fees for such failures or technical problems by customer or ordering party that are not a direct fault of allrounder mountain resort gmbh & co. kg are excluded.
6. Permissions or licenses required by the authorities for any event must be obtained prior to event and in a timely manner by customer or ordering party and at his own cost. Compliance to any and all legal requirements, public institutional obligations etc for the event are the sole responsibility of the customer or ordering third party.

IX. Loss or damage to items brought on to premises

1. Customer or ordering party shall bear the full risk with respect to any equipment, exhibits or other items including personal property brought into the function rooms or premises. Pursuant to Section A, Paragraph II. and III.
2. All equipment and material brought on to the premises by customer or ordering party must comply with the minimum legal fire risk prevention laws. allrounder mountain resort gmbh & co. kg retains the right to demand proof of compliance. Non-compliance can result in the immediate or ensuing removal of such material/s by allrounder mountain resort gmbh & co. kg, the cost for which will be charged to customer or ordering party. To prevent damage, the affixing and installation of decorative material or other items must be agreed with allrounder mountain resort gmbh & co. kg in advance.
3. Exhibition and other third-party property brought to an event must be removed by customer or ordering party at the end of the event. Failure to do so will result in removal and/or storage by allrounder mountain resort gmbh & co. kg. for which additional costs will be invoiced to customer or ordering party. In the event that the objects remain in the function room/s, so is allrounder mountain resort gmbh & co. kg entitled to charge for rent for the period said objects remain therein. The customer is entitled to prove evidence to the effect that the costs above amounts to less than the lump sum demanded or not at all.
4. allrounder mountain resort gmbh & co. kg is liable in accordance with German Civil Code (§ 702 BGB) for items brought in to the premises. The claim for liability is lost if the customer or ordering party does not immediately notify allrounder mountain resort gmbh & co. kg of the loss, vandalism or damage in accordance with German Civil Code (§ 703 BGB). Liability only exists if the rooms, conference rooms or deposit boxes in which the items were placed were locked, cash and precious objects only if placed in the hotel safe of allrounder mountain resort gmbh & co. kg.
5. Any items left behind by the customer or ordering party shall be sent to the customer or ordering party only upon request and at the risk and cost of customer or ordering party. allrounder mountain resort gmbh & co. kg shall store items of obvious value for three months, after which period they shall be handed over to the local lost-property office. In all other cases allrounder mountain resort gmbh & co. kg shall dispose of the lost items after the three-month grace period.

X. Liability of Customer or ordering party

The customer shall be liable for all damage to premises or furnishings caused by participants of or visitors to the event, employees, other third parties associated with the customer and or the ordering party.

Date: March 2010