These General Terms and Conditions (GTC) apply to the Mountainbike-Park Winterberg GmbH & Co. KG (hereinafter referred to as "organizer") offered mountain bike courses, tours and trips as well as other services. Upon conclusion of the contract, each participant agrees to the inclusion of these GTC and the general terms and conditions of use of Mountainbike-Park Winterberg GmbH & Co. KG.
- The offers on the website of the organizer are merely a legally non-binding act to conclude a contract and are not binding. By booking a service via the website of the organizer, the participant submits a binding offer, which can be accepted by the organizer through a corresponding booking confirmation. Only through this written confirmation a binding contract is concluded. If the service selected by the participant is no longer available, the organizer can make the participant a new offer by sending a different booking confirmation, which can be accepted by the participant within a period of 7 days.
- The booking of a minor requires the consent of the legal guardian to be effective. The participation of minors is only possible with a declaration of consent of the legal guardian. Should participants or legal guardians register minors for the offers of Mountainbike- Park Winterberg GmbH & Co. KG, they have to inform the organizer. In these cases, the consent to the conclusion of the contract as well as the declaration of consent of the legal guardians must be submitted to the organizer in writing.
- TERMS OF PAYMENT
- All prices include the applicable statutory value-added tax.
- In case of bookings via our online store, the fees are due upon completion of the booking. These are to be settled by means of an offered payment method.
- Invoices are to be paid within 2 weeks of receipt to the specified bank or PayPal account without the need for a separate request for payment.
- SERVICES AND CHANGES IN SERVICES
- Scope of services
The exact scope of our services can be found in the respective service description on the website. Age information refers to completed years of age. The service description represents the planned course or trip without guaranteeing the exact course in detail.
- Changes in services
The organizer reserves the right to make any changes in the respective event schedule due to unexpected events (e.g. bad weather conditions). Furthermore, minor changes to the services, e.g. the specified bike park routes, course content, as well as changes to the course schedule for weather-related and organizational reasons are possible. A right of withdrawal in favor of the participant does not arise from this.
- CANCELLATION: WITHDRAWAL OF THE PARTICIPANT, REBOOKING, SUBSTITUTE PERSON
The events are booked events with a fixed date & time. Participants may cancel the contract at any time, subject to the following conditions. The cancellation must be received by the organizer in writing (by e-mail). If a participant withdraws from the contract or does not participate in the booked event, the organizer may claim compensation for the event arrangements made and expenses incurred. The compensation claim is lump-sum, taking into account the usually saved expenses and possible other uses. Decisive for the amount of the cancellation fee is the receipt of the cancellation declaration by the organizer.
The amount of the cancellation fees is based on the date of receipt of the cancellation notification by mail by the organizer. If the booked service is not used without prior cancellation or other notification of the organizer, the fees are due in full.
- Goodwill and cancellation fees
As a gesture of goodwill, the organizer offers the participant a free rebooking up to 4 weeks before the booked event. For the rebooking a new, concretely selected date is to be communicated by mail. A claim to the selected alternative date exists only after written confirmation by the organizer. From 4 weeks before the start of the booked event a cancellation is possible with costs. The costs of a cancellation are divided as follows:
From 4 weeks to 14 days before the event | 70% voucher or 50% money refund
From 14 days before the event | 60% voucher or 25% refund
From 7 days before the event| 45% voucher or 20% refund
From 3 days before the event| 20% voucher or 10% refund
From 24 hours before the event | 10% voucher - no refund
- Rebooking fee
In case of a rebooking / cancellation an additional handling fee of up to 25€ will be charged.
- Substitute person
If the cancelled participant's place is filled by another participant named by the participant up to 48 hours before the event, no cancellation costs will be incurred. If the participant's place is not filled, the amount of the replacement claim is staggered as under point 5.3.
- Non-participation due to illness
In case of non-participation due to illness, the normal cancellation conditions of the event apply. The organizer will only grant a cancellation free of charge in special individual cases and only if it is foreseeable that the participant will not be able to attend the event due to illness. In addition, the submission of a medical certificate by mail up to 48 hours before the start of the course by the participant must be guaranteed.
- MINIMUM NUMBER OF PARTICIPANTS
For courses there is a minimum number of participants of 3 people. If the minimum number of participants is not reached, the organizer reserves the right to reduce the course duration accordingly, to cancel the event or to schedule a new date.
- CANCELLATION BY THE ORGANIZER
Should the event not be feasible due to extreme weather conditions or should the minimum number of participants not be reached 24 hours before the start of the event, the organizer has the right to cancel the event extraordinarily. In this case, already paid course fees are to be refunded in the form of a value voucher of 100%.
- PERSONAL REQUIREMENTS
Mountain biking in the bike park is a risky sport. The participant declares that he/she is in the physical condition to meet the specific requirements of the respective event in terms of health and, in particular, that he/she is not under the influence of medication, drugs, alcohol or similar substances that impair consciousness and perception. The organizer reserves the right to exclude a participant from the event if he/she does not meet these requirements.
The participant has to bring his own bike or online the possibility to book a rental mountain bike in the bike park in addition to the course. The participant himself has to make sure that his bike is in a technically perfect condition. In the case of rental bikes, the condition will be checked by the organizer before the start and the participant will be jointly assured of the bike's roadworthiness before the start of the ride. The participant has to wear suitable/weatherproof clothing and prescribed protective equipment, especially a fullface helmet. Participation in the event is not possible without a full-face/full-face helmet. A right to reimbursement of the fees does not exist then.
- The participant has to follow the instructions of the organizer and his assistants. He has to behave according to his driving skills in such a way that he does not endanger or injure himself or third parties. In the case of minors, the duty of supervision is incumbent on the parent or legal guardian.
- Each participant is responsible for his own behavior. The organizer or his assistants are not responsible for the supervision of the participants. Should the participant disobey the instructions of the organizer or his assistants, the organizer may exclude him from further participation. In this case, there shall be no claim for reimbursement of participation fees already paid or other possible additional costs.
- Participation in the events is at your own risk.
- The organizer excludes the assumption of liability for damages of any kind, which is not based on a grossly negligent misconduct of the organizer or his auxiliary persons. This applies to both personal injury and property damage, in particular for the consequences of accidents and for lost items (e.g. backpacks, clothing, accessories, etc.). The conclusion of a private accident and liability insurance is recommended to the participants.
- The organizer is liable for intent and gross negligence as well as damages culpably caused by him from an injury to life, body or health according to the legal regulations.
- Without prejudice to paragraph 1 of item 11, the organizer and its auxiliary persons are not liable for damages caused by him due to slight negligence. Unless he has violated an essential contractual obligation. In this case, however, the liability is limited to the damage that the organizer could typically expect to occur under the circumstances known at the time of conclusion of the contract.
- The organizer is not liable for damages caused by not following the instructions of the organizer or his assistants or by not observing the road traffic regulations.
- No liability is accepted for damage caused during the transport of bicycles and luggage.
- The participants accept the above disclaimer of the organizer.
Photos/videos of the participants will be taken during the event. The participant agrees that the photographs and/or video recordings made of him/her during the event may be used on the website of the organizer and on the social media channels of the organizer for marketing and advertising purposes without any temporal or spatial restrictions. In this respect, the participant irrevocably assigns all rights of use to photo and/or video recordings to the organizer free of charge.
The invalidity of individual provisions shall not result in the invalidity of the entire contract. Instead of the invalid provision of the contract, the parties shall agree on a provision that comes as close as possible to the intended economic purpose. German law shall apply exclusively to the entire contractual and legal relationship.
Mountain Bike Park Winterberg GmbH & Co. KG, Am Waltenberg 89, 59955 Winterberg.
Phone number: 02981/9199908.
The place of jurisdiction for legal actions against the organizer is exclusively the organizer's registered office.