AGB BIKESCHULE

MOUNTAINBIKE PARK WINTERBERG GMBH & CO. KG

  1. SCOPE

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.

  1. CONTRACT
  • 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.
  1. 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.
  1. 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.
  1. 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.

  • Conditions
    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.
  1. 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.

  1. 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%.

  1. 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.

  1. EQUIPMENT

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.

  1. DIRECTIONS
  • 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.
  1. DISCLAIMER
  • 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.
  1. RIGHT

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.

  1. OTHER

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.

  1. ORGANIZER

Mountain Bike Park Winterberg GmbH & Co. KG, Am Waltenberg 89, 59955 Winterberg.
Phone number: 02981/9199908.
E-mail: schule@bikepark-winterberg.de

  1. JURISDICTION

The place of jurisdiction for legal actions against the organizer is exclusively the organizer's registered office.

GTC BIKE rental

MOUNTAINBIKE PARK WINTERBERG GMBH & CO. KG

  1. PARTIES TO THE CONTRACT
    The rental contract is concluded between the booking customer (hereinafter referred to as the Customer) and Mountainbike-Park Betreiber GmbH & Co KG (hereinafter referred to as Bikepark Winterberg) with whom the service is booked. The booking is made exclusively on the following terms and conditions:
  2. THE PERSON OF THE CUSTOMER
    The rental of bikes is possible only to persons at least 18 years old with an appropriate photo ID. Minors need the mandatory authorization from our website with a copy of the identity card (front and back) of a parent or guardian.The rental of bikes and / or protective equipment is possible only on presentation of a valid photo ID (identity card, driver's license or health insurance card) or a credit card of the customer at the time of pickup on site.
  3. CONTRACT
    The prices for the rental equipment shall be those posted on the website of the Bikepark Winterberg or in the bike station at the time of the reservation. The customer goes through various steps in which the selected bike(s) as well as protective equipment, the date of visit as well as data of the customer and possible accompanying persons for the respective rental equipment are recorded. The customer must identify himself by providing the data listed in the order process. The required data must be entered correctly! By sending the booking, the customer gives his offer for a
    binding reservation By sending the reservation confirmation, Bikepark Winterberg accepts this offer. The confirmation will be sent immediately after receipt of the reservation. On the selected day of the visit, the customer can pick up the pre-reserved rental equipment against payment on site in cash or cashless (EC, credit card or similar) and upon presentation of the photo ID for identification.
    A booking exclusively on site is only possible if rental material is still available. This cannot be guaranteed. There is no entitlement to rental material on site. The contract is concluded with the payment
  4. CANCELLATION
    According to § 312g Abs. 2 Nr. 9 BGB the customer has no right of revocation, because our offers are sport & leisure activities, which provide a specific date/period for the performance.
  5. COLLECTION & RETURN OF RENTAL EQUIPMENT
    The rental equipment reserved by the customer is ready for pick-up at the bike station on the selected day of the visit. On the spot, the equipment will be adjusted to the individual needs of the customer and the accompanying persons. The bike station opens at 9:oo a.m., from then on the rental equipment can be picked up. The reservation is valid until 10:30 am. After that, Bikepark Winterberg reserves the right to cancel the reservation and to rent the rental equipment elsewhere. Should the customer not be able to keep the appointment, he/she shall inform Bikepark Winterberg at the earliest possible time exclusively by telephone.On the last day of the selected rental period, the bike must be returned to the bike station by 5:45 pm at the latest. Rental bikes must be pre-cleaned before return! If this is not the case, the Bikepark Winterberg will charge a cleaning fee of 5 Euro per bike.If the rental period is longer than several days, the rental bike can either be deposited in the bike station or taken away by the customer. In the latter case, the customer bears full responsibility.No refund of the rental fee in case of early return without medical certificate.
  6. DAMAGE TO RENTAL EQUIPMENT
    Our rental bikes and protective equipment are NOT insured! The renter is fully liable for any damage to rented material or for lost material. The rental material is taken over by the renter in perfect technical condition. The renter confirms with his signature that he is sufficiently insured (accident, liability) and that he will not make any claims for damages or claims against the operator or other persons or companies involved in the Bikepark Winterberg in case of accidents. Optionally, a bike insurance for damages up to a maximum of 250 euros can be concluded.
  7. CONCLUSION OF A BIKE INSURANCE
    The bike insurance of Bikepark Winterberg is a voluntary offer, which can be used for the rental bikes provided by us. Bikepark Winterberg is the insurer and the customer is the policyholder. The bike must always be treated with care - whether with or without insurance. Accordingly, only damages are insured, which are due to proper use. The insurance fee is 10 Euro per bike and per rental day. The insurance covers only property damage, which is determined on the insured bike. The maximum insurance amount is 250 Euro for the whole rental period. Damage to protective equipment, the biker or other person(s) or the property of third parties cannot be claimed with the insurance. For damages exceeding 250 euros, the policyholder is still liable according to the rental conditions. The insurance can only be concluded directly at the time of booking. A subsequent insurance of a rented bike is no longer possible. The rental conditions in the bike rental continue to apply. These are to be observed additionally.
  8. CANCELLATION POLICY / CANCELLATIONS BY THE CUSTOMER
    Cancellation of the reservation or booking is only possible due to illness, accident or other serious reasons (e.g. death of close relatives or accompanying relatives). Cancellation must be notified to Bikepark Winterberg in text form, accompanied by proof. No price refund shall be granted if the appointment is not kept by the customer due to delay or is not accepted at all for other reasons and Bikepark Winterberg is not responsible for this. Force majeure (e.g. bad weather) or other events beyond the control of Bikepark Winterberg shall not give rise to any claim for cancellation of the booking or reimbursement of services already provided.
  9. CANCELLATIONS BY BIKEPARK WINTERBERG
    If Bikepark Winterberg detects discrepancies in the booking, it may cancel the reservation and refuse to hand over the rental equipment. This applies in particular if incorrect data (especially size and weight) was given by the customer during the booking! The reservation can also be canceled if the rental material has not been picked up by the agreed time.
  10. MIS-BOOKING & DISCOUNT
    If the customer has reserved an incorrect rental category/size, Bikepark Winterberg is unfortunately unable to provide the selected bike. There is then no claim to the issue of another bike for the customer.Any applicable or existing discount offers and / or vouchers can still be redeemed when paying on site.
  11. OTHER AGREEMENTS
    In addition to the GTCs listed here, the terms of use of Bikepark Winterberg apply. The GTCs listed here do not regulate the implementation of the visit. For the use of the lift facilities, a lift ticket must be purchased in addition.further agreements must be made in writing. Verbal side agreements are not valid.

  12. JURISDICTION
    For all legal disputes in connection with or relating to (online) bookings via the website of Bikepark Winterberg or on site, German law shall apply exclusively and national courts in Germany shall have exclusive jurisdiction.
    Furthermore, the place of jurisdiction for merchants shall be Medebach.Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions.

GENERAL TERMS AND CONDITIONS BIKE SALE

MOUNTAINBIKE PARK WINTERBERG GMBH & CO. KG

Conclusion of the contract

Contracts on this Internet offer can only be concluded in German.

You submit a binding offer to "Bikepark Winterberg" when you complete the online ordering process by entering the information requested therein and click the "Send order" button in step 5. After you have sent your order, we will send you an e-mail confirming receipt of your order by us and listing its details (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your offer, but is only intended to inform you that we have received your order.

The contract is concluded only with the delivery / handover of the goods ordered by you.

Identity of the contracting party
The contract is concluded with "Bikepark Winterberg", unless expressly stated otherwise.

Business address:
Mountain Bike Park Winterberg GmbH & Co KG
At the Waltenberg 89
59955 Winterberg
Germany

02981 91 99 909

Management:
Nico Brinkmann
info@bikepark-winterberg.de

Tax number: 309/5733/0806
Commercial register: HRA 5625

Storage of the contract text
Your order data will be stored in our company. If you wish to receive this in printed form, you can print out the "order confirmation". This will appear on your screen after you have sent the order. If you have given us your e-mail address, you will also receive all relevant data of your order by e-mail, which can also be printed.

Right of return
You can return the received goods without giving reasons within two weeks by returning the goods. The period begins after receipt of this instruction in writing (eg as a letter, fax, e-mail), but not before receipt of the goods. To meet the deadline, it is sufficient to send the goods or the return request in time. The return has to be made to:

Ski rental Brinkmann
Remmes meadow 15b
DE - 59955 Winterberg

Consequences of return
In the event of an effective return, the services received by both parties shall be returned and any benefits derived (e.g. advantages of use) shall be surrendered. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection - as it would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as your property and refrain from doing anything that would reduce their value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the request for return, for us with the receipt.

End of the return policy
If you have any questions about your right of return, please contact us.

Prices and delivery, payment options
All prices are in EURO and include VAT. The price at the time of the order is valid.

Warranty
If items have obvious material or manufacturing defects, please claim such defects to us immediately. It should be noted that this is a used bike, which shows usual signs of use (scratches, etc.). For all defects of the used purchased item occurring during the statutory warranty period of 1 year, the statutory claims apply at your option.

Defects that are found in the first six months after sale are to be assumed as defects that were already present at the time of sale. Subsequently, the customer as the second owner has the burden of proof that the damage occurred before the sale. This results in a check for a possible replacement of the frame/crash replacement. However, this does not necessarily mean that the seller will bear the costs.

Retention of title
The goods shall remain the property of "Bikepark Winterberg" until payment has been made in full.

Payment, due date, default of payment
Payment of the goods shall be made either in advance or via cash/EC card payment on site. "Bikepark Winterberg" reserves the right to exclude certain payment methods in individual cases or to use the payment method prepayment.

Provider identification
Business address:
Mountain Bike Park Winterberg GmbH & Co KG
At the Waltenberg 89
59955 Winterberg
Germany

02981 91 99 909

Management:
Nico Brinkmann
info@bikepark-winterberg.de

Tax number: 309/5733/0806
Commercial register: HRA 5625

Please direct any questions or complaints to:

By e-mail: info@bikepark-winterberg.de

By phone: 02981 91 99 909

In writing:
Mountainbike-Park Winterberg GmbH & Co KG
At the Waltenberg 89
DE - 59955 Winterberg

GENERAL TRAVEL CONDITIONS - BIKECAMPS

MOUNTAINBIKE PARK WINTERBERG GMBH & CO. KG

Tour operator: Mountainbike-Park Winterberg GmbH & Co. KG.
These General Terms and Conditions of Travel apply in addition to the statutory provisions of (§§ 651a-m BGB, §§ 4-6 BGB-Info-VO) and govern the contractual relationship between you as a participant and Mountainbike-Park Winterberg GmbH & Co. KG, as the tour operator. They apply to all travel offers for which Mountainbike-Park Winterberg GmbH & Co. KG acts as tour operator.

1. registration and conclusion of contract
By registering, you make a binding offer to the tour operator to conclude a travel contract on the basis of the travel advertisement and these General Terms and Conditions of Travel specified in the brochures and online presence. It is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations, insofar as he has assumed this obligation by express, separate declaration. The travel contract comes into effect upon acceptance of your registration by the tour operator, for which no special form is required. If the travel confirmation deviates from the content of the registration, this is a new offer to which the tour operator is bound for 10 days from receipt of the confirmation and which you can accept within this period by express or conclusive declaration (payment of the deposit or final payment). The travel contract is then concluded on the basis of this new offer.

2. terms of payment
To protect customer monies, Mountainbike-Park Winterberg GmbH & Co. KG has taken out insolvency insurance for self-organized trips with tourVERS Touristik-Versicherungs-Service GmbH. The insurance certificate is sent to the customer with the travel confirmation.
Upon receipt of the written travel confirmation and the insurance certificate, a deposit of 20% of the tour price must be paid. The remaining amount is due 28 days before the start of the tour if it is certain that the tour will take place and can no longer be canceled for the reason stated in section 5. If possible, payments must be made quoting the invoice number and the name of the participant as shown on the travel confirmation.

3. withdrawal of the participant, rebooking, substitute person
Participants may withdraw from the travel contract at any time. Cancellation must be made in writing (email/ letter/ fax) to Mountainbike-Park Winterberg GmbH & Co. KG.
If a participant withdraws from the travel contract or does not take part in the trip, Mountainbike-Park Winterberg GmbH & Co. KG may demand compensation for the travel arrangements and expenses incurred. The claim for compensation is a lump sum, taking into account the expenses usually saved and possible other uses.
The cancellation fee is
15% up to the 46th day before departure
from the 45th - 31st day before the start of the trip 25%
from 30th - 15th day before departure 50%
from 14 - 07 days before departure 70%
from 06 - 02 days before departure 80%
from one day or no-show 90% of the tour price.
The participant is always free to prove that we have not incurred any damage at all or only significantly less damage than the flat rate. Irrespective of this, a cancellation / processing fee of up to €50 will always be charged in the event of cancellation.

4. services, service and price changes
Scope of services: The exact scope of services can be found in the service description of the travel program for the respective trip and the information on this trip in conjunction with the individual travel confirmation.
Age specifications in the travel description refer to completed years of age.
Changes to services: Any changes to essential travel services that become necessary after conclusion of the contract and which are not brought about by the tour operator in bad faith are only permitted if the changes are not significant and do not affect the overall nature of the booked trip. The scope of the services is determined by the information in the description of the program. Minor changes to the services and changes to the itinerary due to weather and organizational reasons are possible.
Price changes before conclusion of the contract: We expressly reserve the right to declare a change in the tour price prior to conclusion of the contract due to an increase in transportation costs, charges for certain services, a change in the exchange rates applicable to the tour in question after publication of the brochure. We also reserve the right to adjust the tour price prior to conclusion of the contract if the package tour requested by you or advertised in the brochure is only available through the purchase of additional contingents after publication of the brochure. The participant must be informed of the declared changes in good time before booking.
Price changes after conclusion of the contract: Price changes are only possible after conclusion of the travel contract in the event of an increase in transportation costs or charges for certain services which occurred after conclusion of the travel contract and were not foreseeable at the time of conclusion of the contract, or a change in the exchange rates applicable to the trip in question, to the extent that the increase per person or per seat affects the price of the trip, if there are more than four months between the conclusion of the contract and the agreed start of the trip. Should this be the case, you will be informed immediately of any price change. Price increases from the 20th day before the agreed travel date are invalid.
If the price increase is more than 8 percent, we can offer you the price increase and demand that you either accept it within a certain period or withdraw from the contract. With the offer of a price increase, we can also choose to offer you a different trip. Once the deadline has expired, the offer is deemed to have been accepted.

5 Withdrawal and contract termination by the tour operator
If the minimum number of participants is not reached, the tour operator may withdraw from the contract with the customer up to 14 days before the agreed start of the tour if the minimum number of participants is expressly stated and quantified in the brochure and the time by which the declaration of withdrawal must have been received by you before the contractually agreed start of the tour at the latest and this information is also clearly indicated in the tour confirmation. Payments made towards the tour price will be refunded immediately.

6 Liability, limitation of liability
Mountainbike-Park Winterberg GmbH & Co. KG is not liable for service disruptions, personal injury or damage to property in connection with services that are merely arranged as third-party services. If a defect occurs, this must be reported directly to the company providing the service (on site). Any liability of Mountainbike-Park Winterberg GmbH & Co. KG for breach of obligations as a travel agent, insofar as it acts as such, remains unaffected by the above provisions.
The contractual liability for damages that are not physical injury is limited to three times the tour price per trip and customer, insofar as the damage was not caused intentionally or through gross negligence or insofar as Mountainbike-Park Winterberg GmbH & Co. KG. is responsible for damage incurred by you solely due to the fault of a service provider.
Tortious liability for material damage not caused by intent or gross negligence is limited to three times the tour price. This maximum liability applies per participant and trip.
We are not liable for damage caused by failure to follow the instructions of the tour guide or failure to observe the road traffic regulations.
We cannot be held liable for damage caused during the transportation of bicycles and luggage.
The customer takes part in sporting activities of all kinds and similar activities involving special risks at his own risk.

7. force majeure
If the trip is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the tour operator and you may terminate the contract. The legal consequences are set out in the law (§ 651j, § 651e Para. 3 BGB).

8 Obligations and termination of the customer, warranty, notification and exclusion of claims
The participant must always report any defects that occur immediately to the tour guide or to the address / telephone number stated below and request a remedy. If a travel service is not provided in accordance with the contract, the participant may request a remedy within a reasonable period of time, whereby the remedy may be refused if it requires a disproportionate effort.
Remedy may be provided by the provision of a substitute service of equal or higher value.
If the trip is significantly impaired as a result of a defect and no remedy is provided within a reasonable period of time set by the participant for the remedy, the participant may terminate the travel contract within the framework of the statutory provisions. It is not necessary to set a deadline if the remedy is impossible or is refused or the immediate termination is justified by a special interest.
Warranty claims under the travel contract must be made within one month of the contractually agreed end of the tour to Mountainbike-Park Winterberg GmbH & Co. KG within one month of the contractually agreed end of the tour. After expiry of the deadline, you can only assert claims if you were prevented from complying with the deadline through no fault of your own or if the claims are in tort.

9. duties to cooperate and other obligations
The participant is obliged to cooperate within the framework of the statutory provisions on the duty to mitigate damages in the event of any disruptions to performance, in order to avoid or minimize any damage. It is the participant's responsibility to have his or her family doctor check before the trip whether his or her physical constitution permits participation.

10. limitation period
Travel contract claims of the participant according to §§ 651c to 651f BGB (German Civil Code) expire after one year in the case of property damage and financial loss, insofar as damage to the customer is not due to an intentional or grossly negligent breach of duty by Mountainbike-Park Winterberg GmbH & Co. KG, a legal representative or one of our vicarious agents.
The limitation period begins on the day on which the trip should end according to the contract.
If negotiations are pending regarding the claim or the circumstances justifying the claim, the limitation period shall be suspended until the customer or the tour operator refuses to continue the negotiations. The limitation period shall commence at the earliest 3 months after the end of the suspension. Claims arising from unauthorized action and all
claims for compensation for bodily injury are subject to the statutory limitation period.

11. data protection
The personal data that the participant provides to the tour operator will be processed and used electronically insofar as this is necessary for the establishment, execution or termination of a legal or quasi-legal obligation with the participant and for participant support. We comply with the provisions of the Federal Data Protection Act when collecting, processing and using personal data.

12 Miscellaneous
The ineffectiveness of individual provisions shall not result in the ineffectiveness of the entire travel contract. In place of the invalid provision of the contract, the parties shall agree on a provision that comes as close as possible to the economic intent of the invalid provision.
German law shall apply exclusively to the entire contractual and legal relationship.

13th organizer
Mountainbike-Park Winterberg GmbH & Co. KG, Am Waltenberg 89, 59955 Winterberg. Telephone number: 02981/9199909.
E-mail: info@bikepark-winterberg.de





December 8, 2024 5:01