AGB

For the purchase of vouchers, the implementation of products and events and the use of rental items.

You are on the website ("Website") of the

Sport-Piraten GmbH

Leipartstraße 23
81369 Munich
Phone: +49 89 7870 7655
E-mail: info@sport-piraten.de
Internet: www.sport-piraten.de, www.sport-piraten.com

hereinafter "Sport-Piraten" or "we"

 

1 The Sport-Piraten Website / Validity of the GTC / Definitions

1. the website www.sport-piraten.de is operated by Sport-Piraten GmbH,. These General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to all presentations of offers, purchase and further use of the website and its products and services and their implementation. We do not recognise any deviating terms and conditions unless we have expressly agreed to their validity in writing.

2. terms used in these terms and conditions and on the Sport-Piraten website have the following meanings:

"Product" = All experience and course offers including corporate events from the Sport-Piraten, which can be found on the website under "Offer overview";

"Rental items" = All sports and fun items that can be rented via the Sport-Piraten , to be found on the website under "Rental";

"Voucher" = an experience voucher or a value voucher;

"Experience Voucher"= product-related voucher with price guarantee within the redemption period in accordance with these GTC;

"Redeemer" = person (= voucher holder) redeeming the voucher (e.g. redemption by the gift recipient); these GTC also apply to the respective redeemer.

"Corporate event"= Events that we offer especially for companies individually tailored in accordance with our GTC and on separate request;

"Voucher redemption" = conclusion of a contract within the scope of a ticket booking/appointment for a specific product with the Sport-Piraten using/offsetting a voucher;

"Purchaser" = person who buys a voucher or ticket from the Sport-Piraten ;

"Customer" = all persons interested in the Sport-Piraten, the website www.sport-piraten.de and the Sport-Piraten products, including buyers and redeemers;

"Ticket" = printable PDF / paper on which, in addition to information on the product, the date and location of the event are stated. Upon presentation, it entitles the holder to participate in the booked product at Sport-Piraten.

§ 2 Description of services / Vouchers / Tickets

1. Sport-Piraten offers sports courses, tours, events and nature experiences via the internet. It is also possible for companies to book a product as a corporate event. On the Sport-Piraten website, Sport-Piraten presents a variety of extraordinary products, the implementation of which is mostly carried out by Sport-Piraten as its own organiser, in part also via external organisers as vicarious agents. If external organisers are used, Sport-Piraten selects them carefully.

2. Sport-Piraten also offers various sporting goods and fun equipment for rent. The rental of sports articles and fungal equipment is carried out separately via the website without the need to purchase a voucher. In all other respects, reference is made to the special provisions on rental under § 8 below ("Rental").

3. vouchers can be purchased for participation in a product or appointments can also be booked directly. Vouchers are available in the form of experience vouchers and value vouchers.

a) Experience v ouchers are vouchers for a specific product that can be selected from the current product range on the website of Sport-Piraten under "Overview of offers" during the purchase/order process. Within the redemption period, a ticket for a specific date can be purchased with this product-related experience voucher.

b) The value voucher can be used by the redeemer as a means of payment when booking an appointment and thus purchasing a ticket. It can be purchased in any amount.

To book an appointment for the redemption of a voucher for a product, a ticket must be purchased. Those who have not yet purchased a voucher can also purchase a ticket directly when booking the appointment. An experience voucher can be used as a means of payment for the specific product within the redemption period, a value voucher can be used as a means of payment for any product. All vouchers are freely transferable to other products. With the purchase of the ticket, the registration for a specific product becomes binding; the purchase of the ticket is considered a firm booking for the respective product.

If the price of the selected product is lower than the amount stated on the value voucher or transferred experience voucher, the difference remains as credit. The credit will be applied to the purchase of a further product. A cash payment of the credit is excluded. If the price of the respective selected product is higher than the amount noted on the value voucher, you must pay the difference in order to complete the ticket booking.

3 Validity of the vouchers / redemption periods / transferability

1. all Gift Vouchers shall be valid for three years, commencing at the end of the calendar year in which the Experience Voucher was purchased ("Validity Period" ). During this period of validity, the value of the respective Gift Voucher may be used as described under § 2 number 3. The validity period corresponds to the statutory limitation period.

2. during the period of validity, an experience voucher can be redeemed for a specific product within 12 months from the date of issue (voucher purchase) ("redemption period" ). During this redemption period, the Sport-Piraten bear the risk of price increases of the experiences with the organiser. After the expiry of the 12-month redemption period, the value of the experience voucher can be used within the scope of the validity period. There is merely no longer any entitlement to redemption for a specific experience at the price stated at that time.

3. the vouchers may be transferred to other persons. They may be redeemed by any person. However, at the time of ticket booking at the latest, it must be ensured that the person entitled to redeem the voucher has the necessary suitability to participate (e.g. age, height, ability, physical condition). Please refer to the regulations on personal requirements and safety instructions under § 10 below.

§ 4 Conclusion of the contract with the Sport-Piraten

When purchasing a voucher, you have the opportunity to check all details (e.g. name, address, payment method and ordered items) again in the shopping basket before submitting your order and to change them if necessary. The purchase of a voucher is only possible via our website. Your order constitutes an offer to us to conclude a purchase contract. When you place an order with us, we will send you an email confirming that we have received your order and providing you with the voucher code to retrieve your voucher.

This e-mail sent by us constitutes a binding purchase contract. Upon separate request, the voucher can also be sent by post.

To redeem a voucher or to purchase a product directly, a ticket must be booked (see § 2 number 4 above). You can do this via the website by selecting the desired product and clicking on the "Ticket" button. By booking a ticket, you are making a binding offer to participate in a specific product on a specific date. You will subsequently receive a confirmation of the date by e-mail, which concludes a binding contract for the specific booking. The valid ticket for your product will also be sent to you with this e-mail.

§ 5 Payment methods

The method of payment for the vouchers and for direct bookings can vary and can be made either by direct debit, invoice or credit card. An already purchased voucher can also be used as a means of payment when purchasing a ticket.

§ 6 Right of withdrawal

1. the following right of withdrawal applies when a consumer purchases a voucher or rents sporting goods:

Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must:

Sport-Piraten GmbH
Leipartstraße 23
81369 Munich
Mail: info@sport-piraten.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for testing the condition, properties and functioning of the goods.

Please note: Unless otherwise agreed by the parties, the right of withdrawal does not apply, inter alia, to contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, carriage of goods, motor vehicle hire, supply of food and drink and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision.

This means, among other things, that there is no right of withdrawal for the purchase of a ticket under these provisions.

End of the cancellation policy

2. other regulation
Please note that the statutory regulations on contracts concluded outside business premises and distance contracts do not apply to the purchase of products in stationary shops and in branches of trading partners, nor to the purchase of products by an entrepreneur or a company (e.g. for company events). In these cases, there is no right of withdrawal.

§ 7 Minors

The Sport-Piraten do not offer products for purchase by minors. If you are under the age of 18, you may only use the Sport-Piraten website together with a parent or legal guardian and only have the purchase of vouchers or tickets and the direct booking carried out by a person authorised to represent you. Minors are also entitled to participate in a product if they have the consent of their legal guardian. The participation of a minor in a product may be excluded if such consent is not proven.

§ 8 Rental

1. Sport-Piraten provides you with various sports or fun articles on a rental basis, which you can view on the website under "Rental" with details of the rental conditions.

2. Sport-Piraten maintain and check the rental items for condition and safety before each rental. The sports equipment is adjusted according to your ability, weight, age, gender and the external conditions. Nevertheless, the rental and use of rental equipment is at your own risk. The Sport-Piraten are not liable for damages resulting from accidents caused by the behaviour of the user or the general risk (also behaviour of third parties). By hiring sports equipment, you undertake to behave prudently and with foresight when using it.

3. the rental items are available for collection at our business premises and will also be returned there.

4. the rental items remain the property of Sport-Piraten. You may not sublet the rental items or make them available to third parties. In the event of loss or gross damage, you must replace the material in accordance with the current value. Later objections that damage was already present before handover cannot be accepted. Concealed defects are excluded from this. The rental items must be returned by the customer in person to Sport-Piraten on the agreed date. If this is not the case, the full rental fee plus the loss incurred must be paid for each additional day.

§ 9 Implementation of the courses and other products

The implementation of the products is carried out by the Sport-Piraten themselves. Occasionally, external organisers are used by Sport-Piraten as vicarious agents in order to be able to maintain an active product range that can be implemented in many places. Such external organisers are carefully selected by Sport-Piraten .

For details of meeting points, equipment to be brought, participant requirements and other course descriptions, please refer to the product description on this website, as well as the participation requirements (below §10). The description of a product on this website is correct at the time it is posted on the website. However, the content of the product may be subject to minor changes. There may also be changes to the content of the eligibility requirements due to the long redemption period.

The Sport-Piraten will endeavour to keep the website up to date at all times. A detailed description of the product can also be obtained by calling Sport-Piraten .

§ 10 Personal requirements / safety instructions

1. a general stable state of health is a prerequisite for participation. Surefootedness is an absolute prerequisite for all alpine or alpine-like events. In the interest of the safety of all participants, you must follow the instructions of the guides and trainers at all times. We recommend that you wear a helmet on dangerous products. The individual details of the respective product, including the degree of difficulty and tour description, can be found on the website or, if you wish, you can ask for them personally at Sport-Piraten . 

It is assumed that every participant in a product has dealt with these prerequisites and has a realistic self-assessment as a basis.

We would like to point out that some products are held abroad (e.g. Austria). As a participant, you are obliged to have valid entry documents (passport, identity card, etc.) yourself in good time. Health and vaccination recommendations should also be obtained from a doctor if necessary. This is at the discretion of the participant.

§ 11 Liability

Our liability for breaches of contractual obligations and for tort is limited to intent and gross negligence. This shall not apply in the event of injury to the life, body and health of the customer (within the meaning of § 1 number 2 above), claims for breach of cardinal obligations and compensation for damage caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault. However, liability in the case of delay in delivery is limited to 0.5% of the value of the delivery for each full week of delay within the framework of a lump-sum compensation for delay, but not more than 5% of the value of the delivery.

Liability in the case of cardinal obligations shall be limited to the regularly foreseeable damage, which as a rule does not exceed the purchase price. Insofar as our contractual liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

2. otherwise, participation in sporting events and other products is at your own risk.

Our information on courses, tours and corporate events, including participation requirements and advice on personal suitability, which you will find on our website, is an essential part of any contract with us. We would like to point out that sufficient swimming skills are a mandatory prerequisite for participation in water-related activities.

3. Sport-Piraten shall not be liable for the accuracy, quality or completeness of the content (e.g. comments) provided by customers on the website. The publication of contributions written by customers does not constitute an expression of opinion by Sport-Piraten , and in particular Sport-Piraten does not adopt this content as its own.

4 Descriptions and images in brochures, catalogues or other advertising material do not constitute a warranty on the part of Sport-Piraten to customers and do not become part of the contract.

12 Cancellation / Postponement / Withdrawal

After the purchase of a ticket, the participation of the redeemer in the tour or course is binding. Should the Redeemer nevertheless not participate in the performance of the tour or course, he/she nevertheless remains obliged to pay the product amount (see concert tickets or airline tickets).
The tickets may be transferred to other persons. They may be used by any person. However, it must be ensured that the person redeeming the tickets has the necessary fitness to participate (e.g. age, height, ability, physical condition).

Please refer to the regulations on personal requirements and safety instructions under § 10 below.

In the event of cancellation, the following cancellation scale applies:
- Cancellation from the day of booking: 85% refund of the total booked turnover
- Cancellation up to 3 months before the day of the event: 75% refund of the total booked turnover
- Cancellation up to 2 months before the day of the event: 30% refund of the total booked turnover
- Cancellation up to 1 month before the event: 20% refund of the total booked turnover
- Cancellation up to 1 week before the event: 10% refund of the total booked turnover
- From 06. Cancellation from the 6th day until the day of the event itself or in the event of non-attendance: 100% cancellation fee.

2. if you as the purchaser of the voucher or as the redeemer are unable to redeem the experience or value voucher for reasons for which Sport-Piraten is not responsible, it is your or the redeemer's responsibility to use the voucher in another way (e.g. by passing it on to another suitable person). Cancellation or withdrawal from the contract with the Sport-Piraten is not possible after the expiry of the cancellation period without the existence of a legal reason for withdrawal.

3. Sport-Piraten reserves the right to cancel the product in the event of weather-related obstacles (at the good faith discretion of Sport-Piraten) or if the minimum number of participants is not reached and to propose up to three possible alternative dates for the implementation of the product. Should the product not be carried out for reasons beyond the control of the Redeemer, Sport-Piraten will refund the amount of the product in the form of a voucher.

The date may be postponed by Sport-Piraten up to the day of the event in the event of weather-related reasons and up to the day before the day of the event in the event that the minimum number of participants is not reached.

4. Sport-Piraten is also entitled to modify the programme content of the products if weather and safety requirements make this necessary.

§ 13 Form of declarations

(1) Insofar as the contracting parties communicate by electronic mail (e-mail), they acknowledge the unrestricted validity of the declarations of intent transmitted by this means in accordance with the following provisions.

2. the e-mail must not suppress the usual information or circumvent it by making it anonymous, i.e. it must contain the name and e-mail address of the sender, the time of sending (date and time) and a reproduction of the sender's name as the conclusion of the message. An e-mail received under this provision shall be deemed to originate from the other party, subject to proof to the contrary.

3. all communications shall be formulated in German.

§ 14 Property rights

You acknowledge that the contents of this website (including names, logos and lettering) and any necessary software used in connection with this website are the subject of proprietary rights and contain confidential information protected by law, in particular those relating to the protection of intellectual property. You further acknowledge that content on this website, including products and their design and content, and images are protected by copyrights, trademarks, patents or other proprietary rights or laws.

Unless we have agreed in writing, you may not modify or alter, make available, rent, lease, loan, sell, distribute and/or advertise in whole or in part, any work available or accessed and/or acquired on this website or based on the Software.

§ 15 The use of the Sport-Piraten website / disclaimer of warranty

Your use of this website is at your own risk. Any downloading or other receipt of content in connection with this website is at your own risk and you are solely responsible for any damage to your computer system or other technical equipment used for the use, loss of data or other damage resulting from the downloading of content or other transactions on this website. Despite careful control of the content, we accept no liability for links from this website to other websites operated by third parties. The operators of the linked sites are solely responsible for their content.

16 Amendments to the GTC

The GTC in force at the time of purchase shall apply to your contract. However, Sport-Piraten reserves the right to amend or supplement the GTC for the future. In all other respects, the GTCs available on the Sport-Piraten website shall apply in the respective version without any separate notice being given with regard to a change.

§17 Data protection

We refer to our Privacy policy.

§ 18 Miscellaneous

1. verbal ancillary agreements must be documented on a durable data medium, e.g. e-mail. Amendments to the GTC, including this confirmation clause, as well as the agreement of delivery dates or deadlines, which may be agreed to be binding or non-binding, require confirmation by us in order to be effective.

(2) Should any provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Rather, in place of each invalid provision, a substitute provision shall apply which corresponds or at least comes close to the purpose of the agreement, as the parties would have agreed to achieve the same economic result if they had known of the invalidity of the provision. The same shall apply to omissions.

The contracting parties agree with regard to all legal relationships arising from this contractual relationship, both present and future, that German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the parties agree that Munich shall be the exclusive place of jurisdiction.

 

General Terms and Conditions of the

Sport-Piraten GmbH
Leipartstraße 23
81369 Munich
Phone: +49 89 7870 7655
E-mail: info@sport-piraten.de
Internet: www.sport-piraten.de, www.sport-piraten.com

Managing Director: Christian Kinzler
Registered at the Munich Local Court Registration number: HRB 198953
Sales tax identification number according to § 27a UStG: DE 283553900

Status: February 2020