Dear Skihaserl,
Below you will find the General Terms and Conditions for Skigaudi (hereinafter the “GTC”) of Freisinger Landstraße 25, 85748 Garching near Munich (hereinafter the “Skigaudi Crew”). Spirit Crew GmbH was founded by the Skigaudi Crew in order not to be personally liable for the revenues and any contingencies given the now considerable scope of Skigaudi. We did this to give you planning security and to put the entire undertaking on a legally solid footing. As a rule, we do not believe there will be any problems during the awesome Gaudi—there never have been. Like you, we are hugely looking forward to the upcoming trip and want to keep spreading the Skigaudi spirit. You know we will do everything in our power to find a solution to any problem and to be there for you before and during the Gaudi. Please forgive the “formal German” in the following paragraphs—it’s not really our style. Please read everything carefully, as it contains important information about the relationship between you (hereinafter the “Participant”) and us. Spirit Crew GmbH, as the tour operator of Skigaudi, is responsible for handling bookings and carrying out the trip. In addition, travel services of other providers are offered and brokered, in which case the contract is always concluded with the service provider specified (service provider), taking into account that provider’s General Terms and Conditions.
1. Conclusion of the Travel Contract
1.1. By registering for the trip, the Participant makes a binding offer to Spirit Crew GmbH to conclude a travel contract on the basis of the service descriptions and prices stated in the travel description. Booking takes place exclusively electronically. The contract is concluded upon receipt of the booking confirmation from Spirit Crew GmbH.
1.2. The person making the booking is liable for all obligations of any co-registered participants, provided they have expressly and separately assumed this obligation.
1.3. The minimum age for participation in Skigaudi is 18 years. Participants who are under 18 at the start of the booked event are excluded from participation.
2. Payment
2.1. Upon conclusion of the contract, the travel price must be paid immediately via the payment methods provided by the ticketing platform. Payment by invoice is not possible.
2.2. If payments are not made by the agreed dates and we therefore have to send reminders, we are entitled to charge a reminder fee or service charge of €20.00. If due payments are not made despite a reminder and a reasonable deadline, Spirit Crew GmbH may withdraw from the travel contract.
2.3. In the event of our insolvency, it is ensured that Participants are reimbursed for services for which no consideration has been received. By receiving the travel price security certificate, a direct claim against the insolvency insurer is established in the event of insolvency. The Participant receives a security certificate pursuant to Section 651r of the German Civil Code (BGB) with the booking confirmation.
3. Services
3.1. The scope of contractual services results from the travel description and the booking confirmation.
3.2. Luggage is carried to a normal extent, meaning a maximum of one (1) suitcase or travel bag per person (maximum dimensions 80×40×40 cm) and one (1) piece of hand luggage. Due to limited storage space, we cannot guarantee the transport of hard-shell suitcases. Luggage and other items brought along must be supervised by the traveler when boarding, changing, and alighting. Bulky luggage must be registered before the trip (skis are of course accounted for). Additional costs may apply for carriage. The Skigaudi Crew decides on carriage.
3.3. The execution of excursions or additional services offered by Spirit Crew GmbH or by service providers represented on site is subject to reaching the minimum number of participants.
3.4. Services arranged by Spirit Crew GmbH on behalf of the traveler that are not part of the travel contract are not components of the travel contract. If the organizer (Spirit Crew GmbH) provides third-party or additional services, insofar as this is expressly indicated in the travel description and the travel confirmation, the organizer is not liable for the performance of these third-party services. Any liability is governed by the terms of the arranged company, which are provided to the traveler.
3.5. Services expressly designated as third-party services are not part of the travel contract. Spirit Crew GmbH is not liable for the provision of these services.
3.6. If the Participant does not make use of individual travel services due to early return or for other reasons, there is no entitlement to a proportional refund.
4. Trip Cancellation, Service and Price Changes
4.1. The organizer may withdraw from the contract up to the 14th day before departure if the minimum number of participants is not reached.
4.2. If the trip is made considerably more difficult, endangered, or impaired as a result of force majeure—unforeseeable at the time of contract conclusion—both Spirit Crew GmbH and the traveler may terminate the contract. The legal consequences arise from the law. Additional costs for return transportation are to be borne equally by both parties.
4.3. The organizer is entitled to change the agreed content of the travel contract for legally permissible reasons. Changes or deviations of individual travel services from the agreed content of the travel contract that become necessary after contract conclusion and are not brought about by Spirit Crew GmbH are only permitted insofar as these changes and deviations are not significant and do not adversely affect the overall character of the booked trip.
4.4. The organizer is obliged to inform Participants without delay of any permissible trip cancellation or significant change to any essential travel service as soon as it becomes aware of it.
4.5. Price changes after conclusion of the travel contract are possible in the event of increases in transport costs or charges for certain services, to the extent that the increase in transport costs or charges for certain services per person affects the travel price. If this occurs, the Participant will be informed without delay, but no later than 21 days before departure. Price increases thereafter are not permitted. In the event of a price increase of more than 5% of the travel price or a significant change to an essential travel service, the Participant may withdraw from the contract or—just as in the case of a permissible trip cancellation by the organizer—request participation in an equivalent trip if the organizer is able to offer such a trip from its portfolio at no additional cost to the Participant. The Participant is obliged to assert these rights without delay after receiving the change notification from Spirit Crew GmbH. Written form is recommended.
5. Participant Withdrawal and Rebooking
5.1. The Participant may withdraw from the trip at any time before departure. The effective time is the receipt of the withdrawal notice by Spirit Crew GmbH. The withdrawal notice must be submitted in writing.
5.2. If the Participant withdraws from the travel contract or does not commence the trip, Spirit Crew GmbH may demand reasonable compensation. This is calculated as a lump sum taking into account customary saved expenses and possible alternative utilization of the travel services:
• Up to 120 days before departure: 20% of the travel price (at least €20 per person)
• 119 to 60 days before departure: 40% of the travel price
• 59 to 30 days before departure: 60% of the travel price
• 29 to 15 days before departure: 70% of the travel price
• From 14 days before departure: 100% of the travel price
A valid cancellation may be made by email to support@spirit-crew.de or by using our support tool, stating your full name and your ticket number(s). Please note that, for security reasons, refunds can only be made to the original payment method.
5.3. Spirit Crew GmbH reserves the right, deviating from the above lump sums, to demand higher, specific compensation. In that case, Spirit Crew GmbH is obliged to specify and substantiate the compensation demanded, taking into account saved expenses and any alternative utilization of the travel services.
5.4. If the trip is not commenced, the claim to the booked place lapses.
5.5. The organizer is entitled to allocate the travel place that becomes available due to the Participant’s withdrawal to another person.
5.6. It is recommended to take out travel cancellation insurance and insurance covering repatriation costs in the event of accident or illness; this will also be pointed out again when the travel contract is concluded.
5.7. Rebooking: After contract conclusion, the Participant has no entitlement to changes with regard to the travel date, destination, place of departure, accommodation, or type of transport. Changes within the deadlines set out above (5.2) can only be made by withdrawing from the travel contract under the conditions of clause 5.2 and making a new booking at the same time.
5.8. Until the start of the trip, the Participant may request that a third party enter into the rights and obligations arising from the travel contract in their place. Spirit Crew GmbH may object to the third party’s entry if that person does not meet the particular travel requirements or if legal provisions oppose it. If a third party takes the place of the registered Participant, Spirit Crew GmbH is entitled to demand any additional costs incurred by the substitution.
6. Withdrawal and Termination by the Tour Operator
6.1. Spirit Crew GmbH may withdraw from the contract up to 28 days before departure if the minimum number of participants is not reached. Payments already made will be refunded without delay.
6.2. In the event of force majeure or unforeseeable circumstances that significantly complicate, endanger, or impair the trip, Spirit Crew GmbH may terminate the travel contract. In this case, payments already made will be refunded; no claim to damages exists.
6.3. If the Participant persistently violates the instructions of the tour management or endangers other persons, Spirit Crew GmbH may terminate the travel contract without notice. In this case, Spirit Crew GmbH retains its claim to the travel price; additional costs for return transportation shall be borne by the Participant.
7. Liability of the Tour Operator
7.1. By purchasing a ticket for Skigaudi, organized by Spirit Crew GmbH, Freisinger Landstraße 25, 85748 Garching near Munich, you as a Participant acknowledge and agree to the following:
You understand and accept that participation in Skigaudi—including but not limited to activities such as ski races, beer-pong tournaments, skiing, snowboarding, and sled races—involves inherent risks that may result in bodily injury, property damage, or other harm.
You expressly assume full responsibility for all risks, injuries, or damages, whether known or unknown, arising from your participation in these activities. You further agree to release Spirit Crew GmbH, its managing directors, employees, and agents from any liability for injuries, losses, or damages resulting from your participation in the event.
This waiver applies to all claims, actions, or causes of action arising out of or in connection with ordinary negligence by Spirit Crew GmbH or third parties involved in organizing the event.
By purchasing the ticket, you confirm that you have read and understood this waiver and voluntarily agree to its terms.
7.2. Spirit Crew GmbH is not liable for performance disruptions related to services that are merely arranged as third-party services (e.g., additional bookings performed by local providers). Participation is expressly at your own risk, as ski and snowboard trips are journeys with increased risk. Any claim for damages against Spirit Crew GmbH is limited or excluded to the extent that, under international conventions or statutory provisions based on such conventions applicable to services to be provided by a service provider, a claim for damages against the service provider can be asserted only under certain conditions or limitations or is excluded under certain conditions.
7.3. There is no liability in the event of burglary or theft. We therefore recommend taking out travel luggage and travel accident insurance. The Participant is liable for any damage caused by items they bring along.
8. Participant’s Duty to Cooperate
8.1. The Participant is obliged to report any defects without delay to the tour management or Spirit Crew GmbH and to request remedy.
8.2. If the Participant culpably fails to meet these obligations, they are not entitled to claims in this respect.
9. Contractual Obligations and Notices
9.1. If the trip is not provided in accordance with the contract, the Participant only has the statutory remedies of cure, reduction of the travel price, termination of the contract, and damages if they do not culpably fail to notify the organizer of any defect that occurs during the trip.
9.2. In the event of a defect, the Participant may only remedy the situation themselves or terminate the trip in the case of a significant defect if they grant the organizer a reasonable period to provide remedy. No deadline is required if remedy is impossible or refused by the organizer, or if immediate remedy or termination is required due to the Participant’s special interest.
9.3. Notices of defects are to be received by the tour management. Should the Participant unexpectedly be unable to reach the tour management, or should tour management not be part of the travel contract, the Participant should contact Spirit Crew GmbH directly.
9.4.–9.5. Under the law, the Participant must assert warranty claims within one month after the contractual end of the trip at the registered office of Spirit Crew GmbH, Freisinger Landstraße 25, 85748 Garching near Munich. Registering claims with third parties (e.g., bus companies, ski lift operators, hotel operators) is not sufficient. After the deadline has expired, the Participant may only assert claims if they were prevented from meeting the deadline through no fault of their own. In the traveler’s interest and for evidentiary reasons, written notification is recommended.
9.6. Claims arising from the travel contract may only be asserted by the traveler themselves. Assignment of these claims is not permitted. The Participant must assert claims arising from the travel contract within one month after the agreed date of return with Spirit Crew GmbH. After the deadline has expired, the Participant may assert claims if they were prevented from meeting the deadline through no fault of their own. Claims become time-barred after 2 years. The limitation period begins on the day the trip ends in accordance with the contract.
9.7. Exclusion: The organizer expects the Participant to respect the customs, practices, and laws of the host country. Should the Participant violate them, the Participant grants the organizer the right, after written warning and in the event of recurrence, to exclude them from the remainder of the trip without refund of the travel price. In the event of serious violations (e.g., criminal offenses such as intentional bodily harm, theft, drug use, willful property damage, etc.), immediate exclusion from the trip may also be considered. Any resulting costs shall be borne by the Participant. The same applies if the Participant unreasonably disrupts group coexistence.
10. Passport, Visa, and Health Regulations
10.1. The Skigaudi Crew undertakes to inform nationals of the country in which the trip is offered about passport, visa, and health regulations and any changes thereto before departure. The organizer will point out the requirements for nationals of other countries if the travelers’ nationality is apparent. The Skigaudi Crew assumes no liability for disadvantages resulting from non-compliance with the above regulations.
10.2. The Skigaudi Crew is not liable for the issuance and receipt of necessary visas by the respective diplomatic mission.
10.3. A traveler who does not possess complete and proper travel documents at the start of the trip or during the trip may be excluded from the trip. Expenses cannot be reimbursed in this case.
10.4. Customs and foreign exchange regulations are enforced very strictly in various countries.
10.5. The Participant is responsible for compliance with all regulations important for carrying out the trip. All disadvantages, in particular the payment of cancellation costs, arising from non-compliance with these regulations are at the Participant’s expense.
11. Validity
Upon publication of a new travel description, the validity of the conditions and prices of the previous travel description automatically lapses.
12. Applicable Law and Jurisdiction
12.1. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2. The Participant may only bring legal action against Spirit Crew GmbH at its registered office. For actions brought by Spirit Crew GmbH against the Participant, the Participant’s place of residence is decisive.
13. Data Protection
Spirit Crew GmbH collects, processes, and uses the Participant’s personal data exclusively within the framework of statutory provisions and for the fulfillment of the travel contract. Further information can be found in the Privacy Policy.
14. Severability Clause
Should any provision of these General Terms and Conditions be invalid or void, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the statutory rule that most closely reflects the economic purpose of the invalid provision shall apply.
15. Organizer
All claims should be addressed to: Spirit Crew GmbH, Freisinger Landstraße 25, 85748 Garching near Munich.
16. Insurance
It is recommended to take out travel cancellation insurance as well as insurance to cover repatriation costs in the event of accident or illness.
17. Final Provisions
17.1. Amendments and supplements to the travel contract must be in writing.
17.2. Oral side agreements are invalid.