General terms and conditions

1 Applicability/Contract Language/Definition

2 Applicable Law/Consumer Protection Regulations

3 Personal Preconditions for Participation in the Tours Offered

4 Information on Risks, Personal Responsibility of the Tour Participants

5 Consideration of Other Tour Participants/No Animals

6 Our Right of Revocation: Failure to Reach the Minimum Number of Participants, Non-Fulfilment of the Personal Conditions by a Tour Participant; Dangerous Circumstances; Consequences of Revocation

7 Cancellation and individual group bookings

8 Nature Conservation

9 Alcohol Consumption

10 Consent to Publication of Photographs and/or Video Recordings

11 Permission to Use Photographs/Video Recordings Received from Us

12 Obligations When Booking for Third Parties

13 Offsetting/Retention

14 Limitation of Our Liability

15 Severability, Applicable Law, Jurisdiction

16 Language

 

1 Applicability/Contract Language/Definition

(1) The following General Terms and Conditions (GTC) apply to all contracts concluded between Dr. Sebastian Schmidt – Land Water Adventures, Bergstraße 29, 67434 Neustadt an der Weinstraße (hereinafter "we", "us").

(2) The contract language is German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall have priority.

(3) In our GTC, the term "tour(s)" refers to all outdoor activities that can be booked through contracts with us, such as tours, courses or other outdoor events.

2 Applicable Law/Consumer Protection Regulations

The contracts concluded between us and our customers on the basis of these GTC shall be governed by German law, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection regulations under the law of the state in which a customer who is a consumer has his habitual abode remain unaffected. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

3 Personal Preconditions for Participation in the Tours Offered

(1) Every tour participant must have health insurance and carry an official identity card with picture and evidence of insurance (e.g. insurance card).

(2) Participants under 18 years of age may only participate in the company of or with the written permission of a legal guardian, which must be submitted prior to the tour or event.

(3) The health condition of the participants must be suitable for the participation in the tours booked. For some tours, the participants therefore first need to complete a questionnaire to clarify any health risks. In this context, please also read section 4 and section 6 (2) of these GTC. The questionnaire is only required for selected and demanding tours that extend over several days and will be reviewed by us without delay upon receipt.

4 Information on Risks, Personal Responsibility of the Tour Participants

(1) Despite careful planning and design in order to minimise risks, outdoor ventures are inherently associated with risks from weather, own behaviour, material behaviour, behaviour of others, animals, trees, rock slide and other general environmental influences as well as influences of non-urban off-road terrain, in the forest, on slopes and near bodies of water.

(2) The questions on health risks in the questionnaire mentioned in section 3 (3) of these GTC shall be answered truthfully. Notwithstanding section 14 of these GTC, the tour participant cannot assert any rights against us if he conceals material information and this results in injury to him. The information is reviewed by us, but without consulting a doctor. Therefore, we expressly recommend obtaining (specialist) medical or psychological advice if the tour participant is not sure whether he is able to participate.

(3) Our liability is governed by section 14 of these GTC.

5 Consideration of Other Tour Participants/No Animals

(1) During an outdoor venture, all persons involved form a highly united community with intensive personal contact and little opportunity to retreat. Therefore, it is especially important to show mutual consideration and engage in respectful dealings with the various characters of this community, to endeavour to balance the different preconditions of the individuals and to demonstrate honest, calm and motivating behaviour. Should a participant be physically or mentally unable to continue to participate in the venture, the situation will be solved in such a way that the safety of this participant will be given top priority and the continuation of the tour will be of secondary importance.

(2) For reasons of safety and consideration, animals cannot be taken along.

6 Our Right of Revocation: Failure to Reach the Minimum Number of Participants, Non-Fulfilment of the Personal Conditions by a Tour Participant; Dangerous Circumstances; Consequences of Revocation

(1) We may revoke the contract until up to five days prior to the beginning of the tour if the minimum number of participants specified in the tour description is not reached for the tour. For expeditions, expedition tours and expedition courses 31 days of notice apply.

(2) Moreover, we may exclude individual tour participants from participation in the tour and thus revoke from the contract in full or in part in the case of a booking for several tour participants, which however are not all affected by the items listed below, if

a) the tour participant does not fulfil the requirements of section 3 (1) and (2) of these GTC;

b) the tour participant fails to complete the questionnaire mentioned in section 3 (3) and to send it to us within 14 after the booking, but no later than three days before the tour starts; if the confirmation that we accept the contract specifies a different time period, this period shall have priority;

c) our evaluation of the questionnaire mentioned in section 3 (3) reveals that the participation would endanger the tour participant or the performance of the tour. The tour participant is free to furnish evidence that no such risk is on hand. If the tour participant does not receive any feedback from us within seven working days or – if the beginning of the tour is less than seven days ahead after the receipt of the duly (see letter b) sent questionnaire – without delay after the questionnaire is sent, we will no longer revoke due to the information in the questionnaire.

(3) We may also revoke the contract if the Federal Foreign Office (Auswärtiges Amt) issues a travel warning for the tour destination or if the weather conditions or other unforeseeable environmental conditions that change at short notice at the tour location make the safe performance of the tour impossible.

(4) In the case of our revocation according to the preceding paragraphs except for (2) a), the costs of the tour booked with us will be fully refunded to the tour participant or a third party that made the booking on his behalf.

7 Cancellation and individual group bookings

(1) Cancellation of a booked tour is only possible in the case of bookings made by private individuals and only according to the following paragraphs.

(2) Cancellation conditions specified in the descriptions of special tours shall have priority over the following paragraphs.

(3) The cancellation for a tour participant can only be performed by the customer who booked the tour and only by e-mail or regular mail (the date of arrival at us shall be relevant for the determination of the periods shown below). In the event of cancellation, the following costs will be incurred for each cancelled tour participant:

· Cancellation until the 31st day prior to the beginning of the tour: 25 percent of the tour price

· Cancellation from the 30th to the 15th day prior to the beginning of the tour: 50 percent of the tour price

· Cancellation from the 14th to the 4th day prior to the beginning of the tour: 75 percent of the tour price

· Cancellation from the 3rd day prior to the beginning of the tour: 100 percent of the tour price

(4) If a substitute participant who fulfils the requirements of section 3 of these GTC is found for the cancelled tour participant, the cancellation costs will not be charged.

(5) In the case of cancellation or booking changes, the customer shall be free to furnish evidence that no damage was incurred or that the damage was significantly lower than the tour price withheld. This clause does not limit our right to assert further damage in the individual case.

(6) The minimum number of participants for individual group bookings (company outings, incentives, team-trainings, private groups) is six participants. By acceptance of the offer, a binding number of six or more participants is set. A staggered discount applies for the cost of each additional participant at more than six participants between 5% and 15% (from 7 participants by 5%, from 10 participants by 9%, from 12 participants by 12% and from 16 participants by 15%). The thereby resulting overall price is generally non-reducible by reducing the number of participants after acceptance of the offer. An increase in the number of participants is generally possible after acceptance of the offer at the regular per-participant-price.

8 Nature Conservation

All who participate in our tours undertake not to intentionally leave any rubbish or other items in nature. To the extent possible, we leave campsites without any marks and, as a matter of principle, move around in nature in a respectful, considerate manner, maintaining a reasonable sound volume.

9 Alcohol Consumption

We kindly request you to limit the alcohol consumption in the evenings at the campsite and in general to a reasonable amount. Alcohol consumption is prohibited entirely in the case of upcoming night walks or tour legs at night and on water.

10 Consent to Publication of Photographs and/or Video Recordings

Photographs and video recordings are always taken during the tours. We shall be authorised to use all photographs and video recordings for our own website www.land-water-adventures.com, our blog and our webshop as well as in our accounts in social networks like Facebook, Twitter and YouTube and publish them in these media. Moreover, we shall be authorised to use the photographs and video recordings for our own printed advertising material and press releases and to forward them to the press for publication of articles in printed media and telemedia (e.g. websites, social media accounts and apps). Furthermore, we may also make the photographs and video recordings available to other tour participants in electronic form, subject to the provisions of section 11 of these GTC.

11 Permission to Use Photographs/Video Recordings Received from Us

(1) Photographs and/or video recordings made available by us may be used for private purposes only and in accordance with the following rules:

· The photographs and/or video recordings may be copied, edited, transformed and printed for private use. Within the private scope, copies may also be forwarded to friends and relations in digital or printed form, but not without drawing attention to the following restrictions.

· The photographs and/or video recordings may be made publicly accessible within the scope of private use on websites that exclusively serve private purposes and in private social network accounts and private social network accounts of friends (natural persons only). However, the following copyright information shall be provided right next to the photographs and/or video recordings:

Copyright: Sebastian Schmidt, Land Water Adventures or

© Sebastian Schmidt, Land Water Adventures or

(c) Sebastian Schmidt, Land Water Adventures

· Publication in print media is not permitted.

· Please note that the consent of the depicted or filmed persons may be necessary for the forwarding or publication of the photographs and/or video recordings. We have not obtained such consent for the purposes of other tour participants who receive the photographs and/or video recordings from us. Therefore, it is the responsibility of the recipient to clarify whether the consent of other persons depicted or filmed in photographs and/or video recordings is necessary for the forwarding or publication of the photographs and/or video recordings and to obtain such consent.

(2) Any and all commercial use of the photographs and/or video recordings is expressly prohibited.

12 Obligations When Booking for Third Parties

Tours can also be booked for third parties. The booking customer is always the contractual partner. He undertakes to inform the third party for which the booking is made of the Terms of Participation in sections 3 to 9 of these GTC and their applicability to the participation in the tour, especially of the use of the photographs and/or video recordings as described in section 20 of these GTC. Thus, you cannot assert any claims against us if a tour participant for whom you have made a booking does not fulfil the conditions mentioned in section 3 of these GTC.

13 Offsetting/Retention

(1) You shall only have a right to offset if your counterclaims are effectively established in court or undisputed or acknowledged by us in writing. However, you shall also have a right to offset without the aforesaid restriction if you assert defects or counterclaims from the same contract.

(2) As a customer, you may only exercise a right of retention if your claims are based on the same contractual relationship.

14 Limitation of Our Liability

We shall be liable exclusively according to the following regulations, no matter what the legal basis may be.

(1) We shall only be liable for intent and gross negligence. In the event of slight negligence, we shall be liable only in the case of a breach of a material contractual obligation whose fulfilment is essential to the due performance of the Agreement and on whose fulfilment you may always rely (cardinal obligation). In this context, we shall be liable only for foreseeable damage whose occurrence must typically be expected. This also applies to lost profit and unrealized savings. No liability will be accepted for other remote consequential damage.

(2) The limitation of our liability shall not apply in the event of injury to life, body and/or health and in the event of liability under the German Product Liability Act (ProdHaftG).

(3) We shall not be liable for any events of force majeure that make the contractual performance impossible, even if such events merely impair the due performance of the contract to a significant extent or hinder it temporarily. Force majeure comprises all circumstances that are independent from the will and influence of the contracting parties, such as terror attacks, embargo, confiscation, natural disasters, strike, official orders, or other serious and unforeseeable circumstances for which the contracting parties are not responsible. In this context, a circumstance will be regarded as force majeure only if it occurs after the conclusion of the contract.

Insofar as our liability is excluded or limited, this shall also apply to the liability of our employees, other staff members, representatives and agents.

15 Severability, Applicable Law, Jurisdiction

(1) Should individual provisions of these GTC be fully or partially invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the other provisions.

(2) If the customer is a merchant, a legal entity under public law or a fund under public law, any and all disputes arising from or in connection with a contract with us shall be subject to the exclusive jurisdiction of the courts at our domicile (Neustadt an der Weinstraße). This shall apply even if the customer is domiciled outside the sovereign territory of the Federal Republic of Germany and if the contract or claims from the contract are attributable to the customer's professional or commercial activity.

16 Language

This English version of the German AGB is only a non-binding translation. In case of deviations between the German and the English Version the German version shall prevail. The German version can be found here.