Allgemeine Geschäftsbedingungen
AGB
1. General
1.1. Contractors
Unless otherwise expressly stated in the invitation to tender, the contracting party and therefore responsible for the implementation of the events:
Thoma Service UG
Dr. Pilet track 13
79868 Feldberg in the Black Forest
hereinafter referred to as the "Organizer".
1.2. Booking / Conclusion of contract
a. With the registration, the participant offers the organizer the binding conclusion of a contract on the basis of the event announcement. The registration can be made in writing, orally or by telephone.
b. If the participant makes registrations for other persons (e.g. children, friends, etc.), he is responsible for their contractual obligations as for his own obligations.
c. The contract is concluded with the acceptance by the organizer. The acceptance does not require a specific form, but usually takes place by handing out or electronically sending the preliminary booking confirmation.
d. If the content of the provisional booking confirmation differs from the content of the registration or provisional booking confirmation, the organizer has a new offer to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the participant declares acceptance to the organizer or pays the event price within the binding period.
1.3. Power
The organizer undertakes to provide the services offered in the invitation to tender. Any additional agreements and the agreement of special requests are possible and require the written form, as well as changes to the tender details before the conclusion of the contract by the organizer.
1.3.1. Booking and reservations of ski and snowboard courses
Thoma Service UG with its locations Schneesport Thoma Grafenmatt and Wintersport Thoma Seebuck acts as an agency for the mediation of sports services. The mediation of the presented offer takes place on behalf of the freelance winter sports instructors. Thoma Service UG assumes no liability for personal injury or property damage to course participants or third parties. In addition to the costs of the freelance ski instructors, the presented price includes an agency fee of Thoma Service UG as well as costs for the use of the own lift facilities (children's lands).
Cancellation of training or usage times due to weather conditions does not entitle to a refund of already booked training or rental services.
No refunds will be made for non-participation in arranged training services.
If the minimum number of participants of 4 participants is not reached, the agency reserves the right to reduce the duration of the course in consultation with the course organizer.
1.3.2. Lift fees
The costs for lift tickets and ski equipment are not included in the course fee.
1.4. Performance changes
a. Changes or deviations of individual services from the agreed content of the contract, which become necessary after conclusion of the contract and which were not brought about by the organizer contrary to good faith, are permitted insofar as the changes or deviations are not significant and do not affect the overall nature of the booked event or insofar as the participant expressly agrees to the changes. In any case, the organizer will notify the participant as soon as possible.
If an event is moved to an alternative, comparable venue, e.g. due to unfavorable weather conditions or for other reasons beyond the control of the organizer, or if the advertised route of a tour is changed, there is no entitlement to a refund or partial refund. The final decision on this is the responsibility of the organizer or the responsible event manager appointed by him on site.
b. Any warranty claims shall remain unaffected insofar as the modified services are defective.
1.5. Payment of the event price
a. Unless otherwise agreed, payment is processed during the booking process.
b. If full payment of the total event price is agreed on site, this shall be in EURO as cash payment, by EC card payment or by credit card payment. Credit card payments in favor of the organizer will be collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT. Please email support(at)payyo.ch for all inquiries regarding your credit card payments and chargebacks.
c. If partial payments have been expressly agreed, the remaining amount is due by the start of the event at the latest.
d. It is pointed out that without full payment of the event price there is no right to use the services.
1.6. Withdrawal by the participant
a. If a participant cannot fulfill the booking, the following cancellation fee regulation applies - unless otherwise agreed: Upon receipt of the cancellation...
- up to 48 hours before the start, 100% of the costs will be credited as a value voucher.
- less than 48 hours before the start, 0% of the costs will be refunded.
b. If the participant makes registrations for additional persons (e.g. children, friends, etc.), he is responsible for their cancellation as for his own cancellation.
c. In the case of individually agreed group events, the same regulation applies to the withdrawal of each individual group participant from this group in relation to his share of the total group price.
d. In order to limit the costs of a cancellation, it is advisable to take out travel cancellation insurance.
1.7. Cancellation and withdrawal by the organizer
a. The organizer or the responsible event manager appointed by him may terminate the contract immediately after the start of the event if the participant persistently disrupts the implementation of the event despite a warning by the organizer or the event manager appointed by him (e.g. insulting fellow travelers, public drug use, alcohol-related outbursts, sexual harassment, etc.). ) or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the organizer cancels for such a reason, he retains the right to the full event price.
1.8. Cancellation/termination of an event due to weather and force majeure
a. If the event is made considerably more difficult, endangered or impaired as a result of bad weather (in the form of rain, strong winds/storms, thunderstorms) or force majeure (e.g. unacceptable weather conditions, etc.), the organizer may cancel the event up to the start of the event. Course cancellations due to weather-related influences (force majeure) will be replaced as value vouchers.
b. The organizer or the responsible event manager appointed by him may terminate an event at short notice even after it has started if this appears necessary as a result of force majeure. In this case, the organizer may demand reasonable compensation for the services already provided or still to be provided for the termination of the event.
1.9. Minimum requirements
a. The participant has to inform himself about the minimum requirements of the event before conclusion of the contract and clarify any questions with the organizer before booking. If no special requirement profile is given, only normal physical and mental fitness, knowledge and observance of the legal regulations (e.g. StVO, FIS rules) as well as the use of the sports equipment according to the rules are assumed.
b. In order not to endanger one's own health and that of the other participants, physical or mental infirmities must necessarily be discussed with the doctor being treated and the organizer before the start of the event.
c. If it becomes apparent after the start of the event that the participant does not meet the minimum requirements, the organizer or the responsible event manager appointed by him can still exclude the participant from the event in order not to endanger his safety or that of the other participants and the success of the event. In this case, there is no right to a refund of the event price.
1.10. Required equipment
a. The right equipment is crucial for the safety of the participants and the success of the event. Which equipment is absolutely necessary for the participation in the event, the participant can take from the announcement or results from the nature of the thing.
b. Unless otherwise expressly agreed in the announcement or with the booking confirmation, the participant is responsible for bringing his own equipment to the start of the event.
c. In any case, the participant must check the completeness and perfect condition of his equipment before the start of the event. The organizer's equipment experts will be happy to advise on this. If necessary, the organizer or the responsible event manager appointed by him can exclude a participant from the event due to missing or defective equipment in order not to endanger his safety or that of the other participants or the success of the event. In this case, there is no right to reimbursement of the event price.
1.11. Hazards and liability
a. Participation in the sports activities of the organizer is exclusively at your own risk and responsibility.
In particular, the liability of the organizer - for whatever legal reason - is fully excluded within the scope of legal admissibility. The participant must take care of his clothing and other objects and protect them independently from loss or damage. A liability of the organizer for this is also excluded to the fullest extent permitted by law.
b. Within the scope of his duties of care, the organizer is liable for the following:
- the correctness of the stated services
- the conscientious preparation and proper execution of the agreed services
- the careful selection and supervision of the responsible event managers it employs. As a rule, these are experienced exercise leaders, guides and trainers.
c. However, the organizer expressly points out that during the events in the open air, even with the most careful planning and execution by the event manager, a certain residual risk remains for the participants. The participant is aware of bearing this residual risk and participates in this respect at his own risk and responsibility.
d. The organizer is expressly not liable for the following:
- physical inadequacies of the participating persons
- Defects in the equipment brought by the participants
- Damage caused by failure to follow instructions of the responsible event managers
- Violations of public law rules of conduct (StVO, etc.) of the participating persons.
- Service disruptions in connection with services that are merely brokered as third-party services and which are expressly identified as such in the invitation to tender.
1.12. Publication of event pictures
a. By signing the contract, the participant agrees that the organizer may use the pictures free of charge for this purpose, as well as for other, internal purposes within the organizer's area of responsibility (e.g. on flyers, course programs, etc.).
b. The transfer or resale of the images to third parties is expressly excluded.
c. If the participant does not wish to have the pictures in which he/she is depicted published on the Internet or for other purposes mentioned above, he/she can inform the organizer of this before the start of the event. Irrespective of this, the participant may at any time - even retrospectively - demand the immediate removal of individual images from the organizer's website or the termination of other uses. Depending on the (print) run, the termination may take some time.
1.13. Jurisdiction
Lawsuits against the organizer are to be filed at the organizer's domicile. For legal actions of the organizer against the participant, the domicile of the participant is decisive, unless the action is directed against registered traders or persons who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or usual place of residence is not known at the time the action is filed. In these cases, the place of jurisdiction shall be the registered office of the organizer.
1.14. Severability clause
The invalidity of individual points does not justify the invalidity of the contract as a whole.
2. Rental of rental materials
2.1. Bikesport
2.1.1. Use
a. By taking over the rental bike or rental e-bike - hereinafter referred to as "bike" - the renter acknowledges that it is in a roadworthy, defect-free and clean condition together with its accessories.
b. The Lessee may only use the bicycle and its accessories in accordance with the reservation period and in a manner customary in traffic, in compliance with the statutory provisions, in particular the Road Traffic Regulations (StVO). He may not use it for any purpose other than its intended use. The use of the bicycle/accessories is at the renter's own risk. The bicycle may only be ridden by the Lessee. The Lessee hereby acknowledges that the equipment of the bicycle does not comply with the Road Traffic Regulations.
c. Children require the consent of a legal representative. The renter gives his consent by taking over and handing over the bike to the child. Exceptions require the written form.
2.1.2. Duties of the tenant
a. The Renter undertakes to treat the bicycle and accessories with care and in compliance with the technical regulations and only to store them in a safe place.
outside of closed rooms, the bicycle must be parked on a fixed object (permanently mounted bicycle stand).
bicycle stand, lantern, fence, etc.) against theft. The electric bikes are handed over in charged condition. For the timely recharging
of the electric bike battery on the road is the responsibility of the tenant. If the rental period is several days, it is important to charge the battery overnight! The
Return of the electric bike with empty battery is allowed. The cost of charging the battery, on the road or for several days of rental, is
to be borne by the tenant.
b. For a rental period of more than three days, a bike check-up of the common locking parts in the Thoma Sports Shop is necessary to ensure safety-relevant aspects. For this purpose, the renter agrees on a suitable time with the store staff.
c. The Lessee undertakes to notify the Lessor of any defects occurring during the rental period upon return of the bicycle.
2.1.3. Repair during the rental period
a. If a repair becomes necessary, the lessor shall bear the costs (this does not apply to wear and tear damage) if its cause is neither due to
improper handling by the lessee nor due to the lessee's fault. The lessee is responsible for the latter circumstances. In the event of overruns
of the permissible total weight as well as the max. load of luggage racks and bicycle baskets of a bicycle, the Lessee shall bear the costs for repair.
b. In case of damage, such as broken spokes, gears incl. cables, etc., the renter bears the repair costs.
c. In case of defects on the bike, the rental team must be notified before the repair, otherwise Thoma Service UG reserves the right not to pay the costs.
reimburse. We assume no liability for consequential damages, such as hotel costs, cab and train costs, in case of possible defects on the rental bikes,
Pick-up service, telephone costs, etc.
d. The following prices are defined for damages caused by the lessor's fault:
• Impeller defective
o 8s, but no grinding 12,- EUR
o No longer repairable MTB 55,- EUR
o No longer repairable e-bike 85,- EUR
• E-bike battery defective 600,- EUR
• E-bike display defective 100,- EUR
• Control unit e-bike defective 100,- EUR
• Chain case defective 20,- EUR
• Coat defective (e.g. slashed, treadless spots) 25,- EUR
• Light unit defective during trekking 15,- EUR
• Handles defective 15,- EUR
• Saddle defective 25,- EUR
• Shift hanger defective 25,- EUR
• E-bike charger (loss or defect) 70,- EUR
• Key for e-bike (loss or defect) 20,- EUR
In case of any damage, a repair invoice is issued, which the renter can submit to his insurance company.
In case of major damage caused by the tenant, we will prepare an estimate for the insurance company.
2.1.4. Accident and loss/theft:
a. The Lessee is obliged to notify the Lessor immediately if the bicycle has been involved in an accident or has been lost due to theft.
has occurred, theft of accessories must also be reported. In the event of an accident, the Lessee shall provide the Lessor with a detailed, written report
in accordance with the insurance conditions (submission of a sketch, etc.). The report on the accident must include in particular the names and addresses of the involved
The report must include the names of the persons and any witnesses, as well as the license plate numbers of any vehicles involved.
2.1.5. Liability
a. The renter is only liable for intent or gross negligence.
b. The Lessee shall return the bicycle in the same condition in which he took it over.
c. The Lessee is liable for culpable damage to the bicycle/the rented item and for breach of his contractual obligations. At
theft, the lessee is liable to the amount of the replacement costs. He must then also reimburse the incidental costs of damage.
2.1.6. Return
a. The Lessee shall return the bicycle/accessories to the Lessor at the agreed place at the latest at the end of the agreed rental period, as follows
during the business hours of the lessor at the latest 30 minutes before the end of business.
b. An extension of the rental period requires the consent of the lessor before the expiry of the rental period.
c. If the bicycle is not returned in time, the Lessee shall pay to the Lessor the daily rent for each day started and
if necessary, to compensate for any damage exceeding this amount.
d. The Lessor is entitled, within 3 working days after the return of the bicycle, to notify the Lessee of any defects for which the Lessee is liable.
and to charge for the repair.
2.2. Winter sports
2.2.1. Use
a. By taking over the rental equipment - hereinafter referred to as "Equipment" - the Lessee acknowledges that it is in a usable, defect-free and clean condition together with the accessories.
b. The renter may only use the equipment together with accessories in accordance with the reservation period and in compliance with the legal regulations, in particular the FIS rules. He may not use it for any purpose other than the intended use. The use of the equipment/accessories is at the renter's own risk. The equipment may only be used by the renter.
c. Children require the consent of a legal representative. The renter gives his consent by taking over and handing over the equipment to the child. Exceptions require the written form.
2.2.2. Duties of the tenant
a. The lessee undertakes to treat the equipment together with accessories with care and in compliance with the technical rules.
b. The Lessee undertakes to notify the Lessor of any defects occurring during the rental period upon return of the equipment.
2.2.3. Repair during the rental period
a. If a repair becomes necessary, the lessor shall bear the costs (this does not apply to wear and tear damage) if its cause is neither due to
b. improper handling by the lessee nor due to the lessee's fault. The lessee is responsible for the latter circumstances.
c. In case of defects on the equipment, the rental team has to be informed before the repair, otherwise Thoma Service UG reserves the right not to pay the costs.
reimburse. We do not assume liability for consequential damages, such as hotel costs, cab and train costs, in case of possible defects of the equipment,
Pick-up service, telephone charges, etc..
2.2.4. Accident and loss/theft:
a. The Lessee is obliged to notify the Lessor immediately if the equipment has been involved in an accident or has been lost due to theft, theft of accessories must also be reported. In the event of an accident, the Lessee shall provide the Lessor with a detailed, written report
in accordance with the insurance conditions (submission of a sketch, etc.). The report on the accident must include in particular the names and addresses of the persons involved and any witnesses.
2.2.5. Liability
a. The lessee is only liable for intent or gross negligence.
b. The lessee shall return the equipment in the same condition in which he took it over.
c. The renter is liable for culpable damage to the equipment/the rental object and for the violation of his contractual obligations. At
theft, the lessee is liable to the amount of the replacement costs. He must then also reimburse the incidental costs of damage.
2.2.6. Return
a. The Lessee shall return the equipment/accessories to the Lessor at the agreed place at the latest at the end of the agreed rental period, as follows
during the business hours of the lessor at the latest 30 minutes before the end of business.
b. An extension of the rental period requires the consent of the lessor before the expiry of the rental period.
c. If the equipment is not returned in time, the Lessee shall pay to the Lessor the daily rent for each en day commenced and
if necessary, to compensate for any damage exceeding this amount.
d. The lessor is entitled, within 3 working days after the return of the equipment, defects that have occurred, for which the lessee is liable, to the lessee
and to charge for the repair.
2.3. Binding adjustment
Bindings are adjusted to ski boots, but there is no safety check of the adjustment according to ISO 11088. With his consent, the customer confirms the accuracy of the data necessary for adjustment. Thoma Service UG is not liable for damages neither to the renter nor to third parties. An individual safety check of the binding setting according to ISO 11088 is possible for a flat rate of 15€ per setting.
2.4. General:
a. No further ancillary agreements have been concluded. Amendments and supplements to the contract must be made in writing. This also applies to these
Written form clause.
b. Should individual provisions of the contract be or become invalid, this shall not affect the validity of the remaining provisions.
Prices, times and offers can be changed at any time. We assume no liability for errors and misprints. All rights reserved. The
Customer agrees to receive invoices electronically. Electronic invoices are sent to the customer by e-mail in PDF.
