Terms and Conditions
For the purchase of gift cards, the execution of products and events, and the use of rental items.
You are on the website (“Website”) of
Sport-Piraten GmbH
Leipartstraße 23
81369 Munich
Phone: +49 89 7870 7655
Email: info@sport-piraten.de
Internet: www.sport-piraten.de, www.sport-piraten.com
hereinafter “Sport-Piraten” or “we”
§ 1 The Sport-Piraten Website / Applicability of the Terms and Conditions / Definitions
1. The website www.sport-piraten.de is operated by Sport-Piraten GmbH. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply exclusively to all presentations of offers, purchases and further use of the website and its products and services and their execution. We do not recognize deviating conditions unless we have expressly agreed to their validity in writing.
2. The terms used in these Terms and Conditions and on the Sport-Piraten website have the following meaning:
“Product” = All adventure and course offerings including corporate events from Sport-Piraten, which can be found on the website under “Offer Overview”;
“Rental Item” = All sports and fun items that can be rented through Sport-Piraten, found on the website under “Rental”;
“Gift Card” = an experience gift card or a value gift card;
“Experience Gift Card” = product-related gift card with price guarantee within the redemption period in accordance with these Terms and Conditions;
“Redeemer” = person (= gift card holder) who redeems the gift card (e.g., redemption by the recipient); these Terms and Conditions also apply to the respective redeemer.
“Corporate Event” = events that we offer specifically for companies, individually tailored in accordance with our Terms and Conditions and upon separate request;
“Gift Card Redemption” = conclusion of contract within the framework of a ticket booking/appointment arrangement for a specific product with Sport-Piraten using/offsetting a gift card;
“Buyer” = person who purchases a gift card or ticket from Sport-Piraten;
“Customer” = all persons interested in Sport-Piraten, the website www.sport-piraten.de and Sport-Piraten products, including buyers and redeemers;
“Ticket” = printable PDF/paper on which, in addition to information about the product, the execution date and location are specified. It entitles the holder to participate in the booked product at Sport-Piraten upon presentation.
§ 2 Service Description / Gift Cards / Tickets
1. Sport-Piraten offers sports courses, tours, events and nature experiences via the internet. Companies also have the option to book a product as a corporate event. On the Sport-Piraten website, Sport-Piraten presents a variety of extraordinary products, the execution of which Sport-Piraten carries out largely as the organizer itself, and partly through external organizers as vicarious agents. If external organizers are involved, Sport-Piraten selects them carefully.
2. Furthermore, Sport-Piraten offers various sports items and fun equipment for rent. The rental of sports items and fun equipment is done separately via the website, without the need to purchase a gift card for this purpose. For the rest, reference is made to the special provisions on rental under § 8 below (“Rental”).
3. Gift cards can be purchased for participation in a product, or dates can also be booked directly. Gift cards are available in the form of experience gift cards and value gift cards.
a) Experience gift cards are gift cards for a specific product that can be selected during the purchase/order process from the current product range on the Sport-Piraten website under “Offer Overview”. Within the redemption period, a ticket for a specific date can be purchased with this product-related experience gift card.
b) The value gift card 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.
4. To book an appointment for redeeming a gift card for a product, a ticket must be purchased. Anyone who has not yet purchased a gift card can also purchase a ticket directly when booking an appointment. An experience gift card can be used as a means of payment for the specific product within the redemption period; a value gift card can be used as a means of payment for any product. For all gift cards, they can be freely transferred to other products. With the purchase of the ticket, registration for a specific product becomes binding; the purchase of the ticket is considered a firm booking of the respective product.
5. If the price of the selected product is lower than the amount stated on the value gift card or transferred experience gift card, the difference remains as credit. The credit is applied to the purchase of another product. Cash payment of the credit is excluded. If the price of the selected product is higher than the amount stated on the value gift card, you must pay the difference in order to complete the ticket booking.
§ 3 Validity of Gift Cards / Redemption Periods / Transferability
1. All gift cards have a validity of three years, beginning at the end of the calendar year in which the experience gift card was purchased (“Validity Period”). During this validity period, the value of the respective gift card can be used as described under § 2 Number 3. The validity period corresponds to the statutory limitation period.
2. During the validity period, an experience gift card can be redeemed for a specific product within 12 months from the date of issue (gift card purchase) (“Redemption Period”). During this redemption period, Sport-Piraten bears the risk of price increases for experiences from the organizer. After the expiration of the 12-month redemption period, the value of the experience gift card can be used within the validity period. There is simply no longer any entitlement to redemption for a specific experience at the price stated at that time.
3. Gift cards may be transferred to other persons. They can be redeemed by any person. However, at the latest at the time of ticket booking, it must be ensured that the person entitled to redeem has the necessary qualifications for participation (e.g., age, height, ability, physical condition). Reference is made to the regulations on personal requirements and safety instructions under § 10 below.
§ 4 Conclusion of Contract with Sport-Piraten
1. When purchasing a gift card, you have the opportunity to review all information (e.g., name, address, payment method and ordered items) in the shopping cart before submitting your order and to make changes if necessary. The purchase of a gift card is only made through 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 receipt of your order and providing you with the gift card code to retrieve your gift card.
A binding purchase contract is concluded with this email sent by us. Upon separate request, the gift card can also be sent by post.
2. To redeem a gift card 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 the “Ticket” button. By booking a ticket, you make a binding offer to participate in a specific product on a specific date. You will subsequently receive confirmation of the appointment by email, through which a binding contract for the specific booking is concluded. This email will also provide you with the valid ticket for your product.
§ 5 Payment Methods
The payment method for gift cards and for direct booking can vary and is made either by direct debit, invoice or credit card. A previously purchased gift card can also serve as a means of payment when purchasing a ticket.
§ 6 Right of Withdrawal
1. When a consumer purchases a gift card or rents sports items, the following right of withdrawal applies:
Withdrawal Instructions
You have the right to withdraw from 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, took possession of the goods. To exercise your right of withdrawal, you must inform us:
Sport-Piraten GmbH
Leipartstraße 23
81369 Munich
Email: info@sport-piraten.de
by means of a clear statement (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from 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 for 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 without undue delay and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiration of the fourteen-day period. You 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 handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Please note: The right of withdrawal does not exist, unless the parties have agreed otherwise, according to § 312g paragraph 2 sentence 1 number 9 of the German Civil Code (BGB), among other things, for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, car rental, delivery of food and beverages, and for the provision of other services related to 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 according to these provisions.
End of Withdrawal Instructions
2. Other Provisions
Please note that the statutory provisions on contracts concluded outside business premises and distance contracts do not apply to the purchase of products in physical stores and in branches of trading partners, or to the purchase of products by an entrepreneur or company (e.g., for corporate events). In these cases, there is no right of withdrawal.
§ 7 Minors
Sport-Piraten does not offer products for purchase by minors. If you have not yet reached the age of 18, you may only use the Sport-Piraten website together with a legal guardian and have the purchase of gift cards or tickets and direct booking carried out only by an authorized representative. Minors are then also entitled to participate in a product if the consent of the authorized representative is available. The participation of a minor in a product can be excluded if such consent is not proven.
§ 8 Rental
1. Sport-Piraten provides you with various sports or fun items for rent, which you can view on the website under “Rental” with detailed information about the rental conditions.
2. Sport-Piraten maintains and checks the rental items for their condition and safety before each rental. The adjustment of sports equipment is made according to information about your ability, weight, age, gender and external conditions. Nevertheless, renting and using rental items is at your own risk. Sport-Piraten is not liable for damages from accidents that are due to the behavior of the user or the general risk (including the behavior of third parties). By renting sports equipment, you commit to prudent and forward-looking behavior when using it.
3. The rental items are available for pickup at our business premises and are also 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 case of loss or gross damage, you must replace the equipment according to its current value. Objections raised later that damage was already present before handover cannot be recognized. Hidden defects are excluded from this. The rental items must be returned personally by the customer to Sport-Piraten at the agreed time. If this is not the case, the full rental fee plus the resulting loss must be paid for each additional day.
§ 9 Execution of Courses and Other Products
1. The execution of products is carried out by Sport-Piraten itself. Occasionally, external organizers are used as vicarious agents by Sport-Piraten in order to maintain an active product range that can be realized in many locations. Such external organizers are carefully selected by Sport-Piraten.
2. Details on meeting points, materials to bring, requirements for participants and other course descriptions can be found in the product description on this website, as well as the participation requirements (§10 below). The description of a product on this website is correct at the time of its posting on the website. However, the content of the product may be subject to minor changes. There may also be changes to the content of participation requirements due to the long redemption period.
Sport-Piraten strives to keep the website up to date at all times. A detailed description of the product can also be requested by phone from Sport-Piraten.
§ 10 Personal Requirements / Safety Instructions
1. A prerequisite for participation in the products is a generally stable state of health. Sure-footedness is an absolute requirement 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. For products with inherent risks, we recommend wearing a helmet. The individual details of each product, including difficulty level and tour description, can be found on the website or can also be requested personally from Sport-Piraten upon request.
It is assumed that each participant in a product has familiarized themselves with these requirements and bases their decision on a realistic self-assessment.
2. We point out that some products are carried out abroad (e.g., Austria). As a participant, you are obliged to have valid entry documents (passport, identity card, etc.) 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
1. Our liability for contractual breaches of duty and from tort is limited to intent and gross negligence. This does not apply in the event of injury to life, body and health of the customer (within the meaning of § 1 Number 2 above), claims due to the violation of cardinal obligations and compensation for delay damages (§ 286 BGB). In this respect, we are liable for any degree of fault. However, liability in the event of delivery delay is limited to 0.5% of the delivery value for each completed week of delay within the framework of a flat-rate delay compensation, but not more than 5% of the delivery value.
Liability in the case of cardinal obligations is 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 also applies to the personal liability of our employees, representatives and vicarious agents.
2. Otherwise, participation in sports events and other products is at your own risk.
Our information on courses, tours and corporate events, including participation requirements and information on personal suitability, which you can find on our website, is an essential part of every contract with us. We point out that adequate swimming skills are a mandatory participation requirement for participation in water-related activities.
3. Sport-Piraten is not liable for the accuracy, quality or completeness of content provided by customers (e.g., comments) on the website. The publication of contributions written by customers does not constitute an expression of opinion by Sport-Piraten; in particular, Sport-Piraten does not adopt this content as its own.
4. Descriptions and pictorial material in brochures, catalogs or other advertising materials do not constitute an assurance on the part of Sport-Piraten to customers and do not become part of the contract.
§ 12 Cancellation / Rescheduling / Withdrawal
1. After purchasing a ticket, the redeemer’s participation in the tour or course is binding. If the redeemer nevertheless does not participate in the execution of the tour or course, they remain obliged to pay the product amount (see concert tickets or flight tickets).
Tickets may be transferred to other persons. They can be used by any person. However, it must be ensured that the redeeming person has the necessary qualifications for participation (e.g., age, height, ability, physical condition).
Reference is made to the regulations on personal requirements and safety instructions under § 10 below.
In case of withdrawal, the following cancellation scale applies:
– Cancellation from the day of booking: 85% refund of the total booked amount
– Cancellation up to 3 months before the event day: 75% refund of the total booked amount
– Cancellation up to 2 months before the event day: 30% refund of the total booked amount
– Cancellation up to 1 month before the event day: 20% refund of the total booked amount
– Cancellation up to 1 week before the event day: 10% refund of the total booked amount
– From the 6th day until the event day itself or in case of non-attendance at the event: 100% cancellation fee
2. If you as the buyer of the gift card or as the redeemer are unable to redeem the experience or value gift card for reasons that Sport-Piraten is not responsible for, it is up to you or the redeemer to use the gift card otherwise (e.g., by passing it on to another suitable person). Cancellation or withdrawal from the contract with Sport-Piraten is not possible after the expiration of the withdrawal period without the existence of a statutory right of withdrawal.
3. Sport-Piraten reserves the right to cancel the execution of 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 execution of the product. If the execution of the product is still not successful for reasons that are not within the sphere of the redeemer, Sport-Piraten will refund the product amount in the form of a gift card.
Rescheduling the date is possible for Sport-Piraten until the event day in the case of weather-related reasons and until the day before the event day in the case of not reaching the minimum number of participants.
4. Sport-Piraten is also entitled to modify the program 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 (email), they recognize the unrestricted validity of declarations of intent transmitted in this way in accordance with the following provisions.
2. The usual information in the email must not be suppressed or circumvented by anonymization; i.e., it must contain the name and email address of the sender, the time of sending (date and time) and a reproduction of the sender’s name at the end of the message. An email received within the framework of this provision is deemed, subject to proof to the contrary, to originate from the other partner.
3. All communications must be formulated in German.
§ 14 Intellectual Property Rights
You acknowledge that the content of this website (including names, logos and lettering) as well as any necessary software used in connection with this website is subject to intellectual property rights and contains confidential information protected by legal provisions, in particular those for the protection of intellectual property. You further acknowledge that content on this website, including products and their design and content as well as images, is protected by copyrights, trademarks, patents or other intellectual property rights or laws.
Unless we have agreed in writing, you may not modify or adapt, make accessible, rent, lease, lend, sell, distribute and/or advertise works that are available or made accessible and/or acquired on this website or are based on the software, in whole or in part.
§ 15 Use of the Sport-Piraten Website / Disclaimer of Warranty
Use of this website is at your own risk. Downloading or otherwise obtaining content in connection with this website is at your own risk and you are solely responsible for damage to your computer system or other technical devices used for use, for loss of data or for other damage due to downloading content or other transactions on this website. Despite careful content control, we assume 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 Changes to the Terms and Conditions
The Terms and Conditions that apply at the time of purchase apply to your contract. However, Sport-Piraten reserves the right to change or supplement the Terms and Conditions for the future. For the rest, the Terms and Conditions available on the Sport-Piraten website in the respective version apply without separate notice of a change.
§17 Data Protection
We refer to our Privacy Policy.
§ 18 Miscellaneous
1. Oral side agreements must be documented on a durable medium, e.g., email. Changes to the Terms and Conditions, including this confirmation clause, as well as the agreement of delivery dates or deadlines, which can be agreed as binding or non-binding, require our confirmation for their validity.
2. Should provisions of these Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions. Rather, instead of each invalid provision, a replacement provision corresponding to or at least approximating the purpose of the agreement shall apply, as the parties would have agreed to achieve the same economic result if they had known of the invalidity of the provision. The same applies to gaps.
3. The contracting parties agree on the application of German law with respect to all legal relationships arising from this contractual relationship, present as well as future, excluding the UN Convention on Contracts for the International Sale of Goods. Insofar as this is legally permissible, the parties agree on Munich as the exclusive place of jurisdiction.
General Terms and Conditions of
Sport-Piraten GmbH
Leipartstraße 23
81369 Munich
Phone: +49 89 7870 7655
Email: info@sport-piraten.de
Internet: www.sport-piraten.de, www.sport-piraten.com
Managing Directors: Christian Kinzler, Rodrigo Cidad
Registered at the Munich District Court Registration Number: HRB 198953
VAT Identification Number according to § 27a UStG: DE 283553900
Status: August 2022