General Terms and Conditions
With your booking you confirm that you accept our general terms and conditions. Please read them carefully. The general terms and conditions are an integral part of all our offers, information and events. They become effective when a contract is concluded between you, hereinafter referred to as the customer, and us, ARA Sport, owner Raidl Thomas and Amann Martin GbR, hereinafter referred to as ARA Sport.
Article 1
General
(I) The scope of the contract between the customer and ARA Sport results exclusively from the service description of the respective offer and the booking confirmation.
(II) The booking confirmation creates a binding contract between the Customer and ARA Sport. The following general terms and conditions are an integral part of this contract.
Article 2
Conclusion of contract
(I) Registration by the customer constitutes a binding offer to conclude a contract. Registration can only be made in writing by post or by electronic data transmission.
(II) The contract is concluded as soon as ARA Sport sends the Customer a written booking confirmation by post or by electronic data transmission.
(III) The undersigned Customer also submits the offer for other persons named by him in his own name and is personally a contractual partner upon acceptance by ARA Sport.
(IV) Insofar as discounts or special agreements have been made, these must be confirmed in writing by ARA Sport in the manner specified in paragraph 2 upon conclusion of the contract and can no longer be granted subsequently.
Article 3
Terms of payment
(I) ARA Sport will send the customer an invoice with the booking confirmation referred to in Art. 2. Unless otherwise stated in the offer, the following terms of payment shall apply: 50% of the price shall be due for payment as a deposit four weeks before the start of the event stated in the booking confirmation. The remaining 50% must be paid in cash at the start of the event.
(II) If the booking confirmation is issued less than four weeks before the start of the event, 50% of the price is due for payment immediately. The remainder is to be paid in cash at the start of the event.
Article 4
Price changes
(I) ARA Sport may change the prices advertised in the offer for the respective event and confirmed with the booking confirmation in the event of an increase in transportation costs or charges for certain services or in the event of a change in the exchange rates applicable to the respective event to the extent that the increase affects the respective customer.
(II) ARA Sport may increase the price by small group surcharges to the extent specified in the price list.
(III) Price changes can be made by ARA Sport up to 14 days before the start of the event stated in the booking confirmation.
Article 5
Program changes
(I) ARA Sport may change agreed programs or individual agreed services (e.g. accommodation, transport, means of transport types, activities, venues) if this is necessary due to external circumstances.
(II) External circumstances within the meaning of para. 1 are in particular force majeure, official measures, strikes, environmental influences, delays by third parties, non-availability of accommodation and venues, flight delays. External circumstances also include an emergency, e.g. due to the serious illness of a customer.
Article 6
Substitute persons
(I) The customer may be replaced by a third person of his choice up to 7 days before the start of the event stated in the booking confirmation. ARA Sport is obliged to accept the substitute person if they meet the requirements of the event program and their participation does not conflict with any legal regulations.
(II) The substitute person is obliged to pay the price.
(IV) The substitute person is obliged to complete the necessary formalities (passport and visa formalities) for the start of the event themselves. The costs shall be borne by the substitute.
Article 7
Right of withdrawal of the customer
(I) The Customer may withdraw from the contract at any time. The withdrawal must be declared to ARA Sport in writing. The receipt of the declaration by ARA Sport is decisive for deadlines.
(II) If the Customer withdraws from the contract, ARA Sport may demand compensation for the expenses it has incurred or charge the claim for compensation in the form of a lump sum according to the following percentages of the price agreed in accordance with the booking confirmation. The lump sum is calculated as follows:
- Cancellation 14 to 7 days before the start of the event stated in the booking confirmation:
50 % of the price per person
- in the event of cancellation less than seven days before the start of the event stated in the booking confirmation: 75% of the price per person
- in the event of no-show on the day of the event: 100% of the price per person.
(III) The customer has the right to prove that ARA Sport has suffered less damage.
(IV) If the price according to Art. 4 increases by more than 10% of the original price as stated in the booking confirmation, or if the price increases due to a small group surcharge not stated in the booking confirmation, the customer is entitled to withdraw from the contract within seven days of receipt of the notification. Decisive for compliance with the deadline is the receipt of the written notification by ARA Sport. In this case, the customer will be reimbursed the price paid to ARA Sport. The reimbursement of further costs (e.g. for insurance, transportation costs, costs for visas) is excluded.
(V) If the Customer has a right of withdrawal pursuant to para. 4, he may alternatively demand that ARA Sport enables him to participate in an equivalent event. ARA Sport may refuse this if such an event can only be carried out at disproportionately high costs.
Article 8
ARA Sport's right of withdrawal
(I) If no payment is made within the periods specified in Art. 3 Para. I to Para. II, ARA Sport may set the Customer a grace period for payment. If this period expires without payment being made, ARA Sport may withdraw from the contract. In this case, ARA Sport may demand compensation for its futile expenses in the amount of 20% of the price per person. The assertion of higher damages is possible upon proof. The customer may prove that a lower loss has been incurred.
(II) ARA Sport may withdraw from the contract at any time if the execution of the event is significantly impeded, jeopardized or impaired due to external circumstances. Circumstances in this sense are listed in Art. 5 Para. II.
(III) ARA Sport may withdraw from the contract up to 7 days before the start of the event stated in the booking confirmation if the minimum number of participants stated in the event description is not reached.
(IV) If ARA Sport withdraws from the contract, the Customer will be reimbursed the amount paid to ARA Sport. The customer is not entitled to compensation for other costs (e.g. for insurance, transportation costs, visa costs).
Article 9
Exclusion of liability
(I) The customer participates in the events offered by ARA Sport at his own risk. ARA Sport accepts no liability for additional events and/or event calendars offered by third parties (e.g. sporting events of any kind, flights, parachuting, motorcycle tours, snowboarding, etc.).
(II) ARA Sport is not liable for damages or defects that the customer causes to himself, other customers or third parties through negligence or willful misconduct.
(III) ARA Sport is not liable for damages or defects caused by intentional acts of its legal representative or its vicarious agent.
(IV) ARA Sport is only liable for damages or defects caused by it intentionally or through gross negligence.
(VI) ARA Sport is not liable for damages which are due to force majeure or to an event which ARA Sport could not foresee or avert despite all due care; for damages which are due to omissions and/or fault of the Customer; for unforeseeable events or omissions of a third party who is not involved in the provision of the contractual services.
Article 10
Compensation for damages
(I) Insofar as ARA Sport is responsible for a defect pursuant to Art. 9, the Customer may initially only demand the provision of a replacement service corresponding to the defective service. Insofar as ARA Sport refuses the service, the Customer may then demand a reduction of the price (reduction). The price is to be reduced in the proportion in which the value of the event would have been at the time of the booking confirmation in a defect-free condition to the actual value.
(II) The amount of ARA Sport's liability is limited to three times the price. The Customer may only demand compensation from ARA Sport for direct damages. ARA Sport is not liable for financial losses and/or consequential damages.
(III) All defects or damages must be reported to ARA Sport or its representative on site by the Customer without delay. Otherwise the assertion of rights due to the defect is excluded.
(IV) The Customer is obliged to notify ARA Sport in writing of any defect or damage within one month of the end of the event stated in the booking confirmation. If ARA Sport rejects claims for compensation due to the reported defect or damage, the claim for compensation lapses if it is not asserted in court within a further period of one month.
(V) The assignment of the customer's claims for damages against ARA Sport is only permitted with regard to undisputed or legally established claims.
Article 11
Obligation to take out insurance/documentation
(I) The customer is obliged to take out the insurance required for the event himself. ARA Sport is not obliged to take out such insurance or to check that it has been taken out.
(II) In particular, the contract does not include foreign health insurance, travel cancellation insurance, baggage insurance, accident insurance or sports baggage insurance.
(III) The customer is responsible for complying with the entry regulations in the respective country of the event. In particular, they must ensure that they have a valid passport. The same applies to compliance with the health regulations for entry into the respective event countries.
Article 12
Image rights and sound rights
The customer agrees that all images and sound recordings made by ARA-Sport itself that show the customer at an ARA-Sport event and in the context of this event may be published by ARA-Sport.
Article 13
Naming rights
The customer agrees that ARA-Sport may name him as a former customer on the homepage www.ara-sport.de under the section references
Article 14
Written form requirement
Amendments and additional agreements to these General Terms and Conditions must be made in writing. This also applies to the waiver of this clause.
Article 15
Place of jurisdiction
The place of jurisdiction is the registered office of ARA Sport. Johann-Firlbeck-Str.14 A, 94348 Atting
Article 16
Severability clause
Should one of the aforementioned conditions be or become invalid, this shall not affect the validity of the legal conditions. The parties hereby undertake to replace the resulting gap with a lawful provision that comes closest to the economic interests of ARA Sport.
Atting, January 2015