General Terms and Conditions of BERGGEHEIMNIS, Hauptstraße 38a, 79199 Kirchzarten.
1 Subject matter and scope of application
(1) The following General Terms and Conditions ("GTC") govern the legal framework for all service and legal relationships between BERGGEHEIMNIS, owner Oliver Lohre, Hauptstraße 38a, 79199 Kirchzarten (hereinafter also referred to as "BERGGEHEIMNIS") and its customers. These GTC only apply to consumers (hereinafter also referred to individually or collectively as "customers").
(2) The GTC shall also apply - in the version valid at the time of conclusion of the contract - to all future transactions between BERGGEHEIMNIS and the customers of BERGGEHEIMNIS as well as to all pre-contractual negotiations, even if no express reference is made to the GTC.
(3) The GTC apply in the version valid at the time the contract is concluded. They are available in their current version on our homepage at www.BERGGEHEIMNIS.com\AGB. We expressly reserve the right to amend the GTC.
(4) The services of BERGGEHEIMNIS and legal relationships with BERGGEHEIMNIS shall be based exclusively on these GTC, unless more specific provisions deviating herefrom have been expressly agreed in text form.
- Services of BERGGEHEIMNIS
(1) BERGGEHEIMNIS offers its customers experiences and provides its customers with (loaned) instructions and (loaned) appropriate equipment for the realisation of the experiences, which are usually outdoor adventure tours.
(2) BERGGEHEIMNIS expressly does not offer any travel services or goods. No success in any form is owed. BERGGEHEIMNIS customers organise the adventure tours on their own and at their own risk without the involvement of BERGGEHEIMNIS.
(3) The descriptions of the experiences are given to the best of our ability, but are only an indication and not a guarantee. The photos used are also only examples and deviations may occur in practice. The stated durations of the experiences are indicative and non-binding. BERGGEHEIMNIS does not assume any guarantee for all descriptions.
- Booking at BERGGEHEIMNIS.com
(1) The presentation or description of services by BERGGEHEIMNIS does not constitute a binding offer. The contract between BERGGEHEIMNIS and the customer is only concluded when BERGGEHEIMNIS sends an order confirmation in text form or by sending or providing the ordered service (instructions for the adventure tour).
(2) Bookings can be made online at www.BERGGEHEIMNIS.com, by email enquiry to info@BERGGEHEIMNIS.com or by telephone on 07661 | 98 93 790. At the end of the booking process you will be asked to check the booking and confirm our terms and conditions. You will receive a booking confirmation from BERGGEHEIMNIS by email. We ask you to check all the data listed here and to present the e-mail, printed out, before the start of the game. The person making the booking for the group ("group leader") must be authorised by all group participants to make the booking on their behalf. They must be of legal age. Minors must be authorised by their parents or legal guardians to take part in the game. The "group leader" is responsible for the total payment. By booking a game, the customer agrees to the terms and conditions.
(1) BERGGEHEIMNIS shall be liable without limitation for damage caused intentionally or by gross negligence, for intentional or negligent injury to life, limb and health and for the assumption of guarantees.
(2) BERGGEHEIMNIS shall only be liable for damages caused by negligence in the event of a breach of an obligation that is essential for the proper fulfilment of the contract and on the fulfilment of which the customer may regularly rely. In this case, BERGGEHEIMNIS's liability shall be limited to the amount of foreseeable damage typical for the contract.
(3) Insofar as BERGGEHEIMNIS's liability for damages that are not based on injury to life, limb or health is not excluded for slight negligence, such claims shall become time-barred within one year beginning at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence.
It is made clear that customers undertake all experiences at their own risk. BERGGEHEIMNIS therefore accepts no liability for any damage caused by the actions of one or more participants in the group. BERGGEHEIMNIS is also not liable for damages due to force majeure or the occurrence of events that were neither foreseeable nor avoidable.
(4) The instructions and utensils for carrying out the experience are only provided to the customer on loan. The customer shall treat them with care. The customer is liable for any damage or loss.
- Conditions of participation
(1) Participation in BERGGEHEIMNIS is at your own risk.
(2) The minimum age for participation in BERGGEHEIMNIS is 14 years. Participants under the age of 14 may only take part if accompanied by an adult.
(3) We assume that all group participants are in good, stable physical and mental health. Participation is at your own risk.
(4) Participation in certain experiences requires a minimum level of personal suitability (e.g. height, age, state of health, weight). These (minimum) requirements can be found in the respective experience descriptions.
(5) Most experiences take place outdoors and are subject to weather conditions. The customer should find out about the weather conditions shortly before or on the day of participation. If the experience cannot take place due to weather conditions, you can rebook the date free of charge. BERGGEHEIMNIS shall not be liable for any expenses or damages incurred by you in connection with the attempted or renewed use of the experience (e.g. travel costs, accommodation, escorts, holidays, etc.) in the event of postponements for which BERGGEHEIMNIS is not responsible.
- Withdrawal by the customer, cancellation and revocation
(1) As the sale of tickets for leisure events is not a distance selling contract in accordance with Section 312b BGB, this means that our customers have no right of cancellation or return. Every booking is therefore binding for the customer and requires payment.
(2) A refund or partial refund of the game price is not possible in the event of a no-show or a reduction in the number of participants.
(3) The following cancellation conditions apply:
- More than 7 days before the match date: free cancellation / rebooking
- For cancellations from 7 days to 4 days before the match date: cancellation / rebooking fee in the amount of 20% of the match price or receipt of a voucher in the amount of the booking
- Cancellation / rebooking fee in the amount of 30% of the match price for cancellations from the 3rd day before the match date
- Less than 48 hours before the start of the match: cancellation / rebooking fee of 50 % of the match price
- Less than 24 hours before the start of the match: cancellation / rebooking fee of 100 % of the match price
- Cancellation or changes by BERGGEHEIMNIS
(1) For important reasons, we may have to make changes or cancel the booked service (Schauinslandbahn not running, weather conditions). In this case, the contract concluded by booking will be changed or cancelled. In this case, you will either receive a refund of the game price or you can rebook to another date free of charge.
(2) Further claims of the customer against BERGGEHEIMNIS, e.g. claims for damages (travel costs, overnight accommodation, etc.) are excluded in this case.
(3) BERGGEHEIMNIS shall inform its customers immediately of any necessary changes or cancellations.
Payment is made either at the time of booking or by bank transfer after receipt of the telephone reservation. It is not possible to pay on site. The experience must be paid for in full before the start of the game, otherwise the game cannot be started.
Customers must arrive punctually for the game, otherwise the booked service may no longer be offered. In the event of lateness on your part, admission may therefore be denied. The customer is nevertheless obliged to pay for the booked service.
- Receipt of SMS and/or e-mail by BERGGEHEIMNIS
By confirming the GTC, the customer agrees to receive emails and/or text messages from BERGGEHEIMNIS. These are usually booking confirmations, possible changes, cancellations or announcements of news. Communication between BERGGEHEIMNIS and our customers is always by email.
- Alternative dispute resolution
(1) The European Commission provides a platform for online dispute resolution (ODR platform) for consumer disputes, which you can access at ec.europa.eu/consumers/odr find.
(2) We want our customers to be satisfied and therefore endeavour to find an amicable and customer-oriented solution to any complaints. For this reason, we do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
- Place of fulfilment, place of jurisdiction and applicable law
(1) To the extent permitted by law, the place of fulfilment and payment shall be the registered office of BERGGEHEIMNIS.
(2) To the extent permitted by law, the place of jurisdiction shall be the registered office of BERGGEHEIMNIS.
(3) The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws provisions of international private law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Status: 09 November 2023