General Terms & Conditions of Rainer Gersch
REGISTRATION AND ADVANCE PAYMENT
The registration becomes effective when the registration form is received by us. At the same time an advance payment of 50€ has to be bankwired. An entitlement to participate does not arise until the money has been received. The participant then receives a confirmation of registration. The remaining amount is to be paid to our account within four weeks before the course starts. If the time available for registration amounts to less than four weeks, the full amount is to be paid with registration.
TERMS OF PARTICIPATION / LEGAL OBLIGATION OF SUPERVISION
With the registration for a surfcourse the participant concludently declares that there are no medical objections to his/her participating in surfing.
LIABILITY
We are not liable for dangers inevitably linked with surfing and that are knowingly accepted by the participant, nor for such damage or injury caused to the participant during surfing though the fault of other course participants or third parties. Any liability for loss and damage to the property of the participant on the part of the organizer is excluded. The equipment is to be handled properly. In the case of grossly negligent damage and loss the participant is liable for the resultant damage.
LIMITATION OF LIABILITY
The contractual liability of us for damage is limited to threefold of the course price, in as far as damage to the participant was caused neither with intent nor grossly negligently.
CANCELLATION AND RESCISSION BY US
In the following cases the organizer can rescind the contract before commencement of the course or cancel the contract after the event has started: Without a time limit: If the participant lastingly disturbs the realization of the course despite having received a warning from us or if the participant behaves in such a degree contrary to the contract that immediate cancelation of the contract is justified. If we cancel the contract, the participant remains entitled to the course price.
CANCELLATION / RESCISSION BY THE PARTICIPANT
The participant can withdraw from the course at any time by means of a written declaration. The arrival of the declaration of withdrawal at us is decisive. If the participant rescinds the contract or does not start the journey, we can demand reimbursement of expenses from the full amount in accordance with the following flat rate cancellation fee per registered participant: Up to 28 days before the course beginning 10%, up to 14 days before the course beginning 30%, up to 7 days before the course beginning 60%, up to 3 days before the course beginning 90%, afterwards and in case of no show 100%. The organizer retains entitlement to the course price also for the case of responsible bodily harm of the participant occurring.
ALTERNATIVE PARTICIPATION / REBOOKING:
Until the course begins the participant can demand that a third party take over the rights and duties from the course contract in his/her stead. In this case an amount of EURO 5 for changing the course documents is to be paid by the participant per rebooking to a third party. We can reject the taking over by the third party if the person does not fulfil the special course requirements or if statutory regulations contradict his/her participation. If a third party takes over the contract, the third party and the original participant are liable towards the organizer as joint debtors for the course price and the additional costs caused by the third party taking over. If rebooking is carried out at the wish of the participant, a fee of EURO 5 per participant is to be paid.
INSURANCES
Travel cancellation insurance is not included in the price. It is advisable to conclude one. In addition, the conclusion of an insurance package is advisable.
CHANGE IN THE COURSE OF THE EVENT:
Changes in the course of the event cannot be excluded. The course program can be changed and an alternative program offered in particular in the case of dangers resulting from the weather.
WARRANTY
The participant declares his/her agreement that we can render a service free of faults or amend the faulty service within an appropriate period in lieu of the participant's entitlement to redhibitory action or price reduction. Redress can be effected in the manner that the fault is eliminated or that an equivalent or higher-quality service to which the participant also expressly agrees is rendered. Notice of fault is to be given on site to us. We can refuse redress if it requires an unreasonable effort or costs. In case of defaults in performance occurring, the participant is obliged to cooperate within the framework of the legal requirements to avoid any damage or reduce it. The participant is obliged in particular to inform us immediately of his/her complaint.
EXCLUSION OF CLAIMS / LIMITATION PERIOD
Claims based on faulty course performances, subsequent impossibility and due to breach of secondary obligations have to be asserted against us within one month after the contractual termination of the course. After the deadline has expired, claims can only be asserted if the participant was not able to observe the specified deadline through no fault of his/her own. The participant's claims are limited to a period of one year after the contractually specified end of course.
SEVERABILITY CLAUSE
If any individual clause or clauses is/are null and void, the validity of the course contract or the remaining clauses of this document ("The small print") remains unaffected.
PLACE OF JURISDICTION
Place of jurisdiction is Cologne, Germany.
BANK INFORMATION
Rainer Gersch,
Stadtsparkasse Koeln,
Acc.Nr. 11153228,
BankNr. 37050198, IBAN DE73370501980011153228, BIC(Swift Code) COLSDE33XXX