§ 1 Scope; Contractual language; Definition
§ 2 Terms and conditions of participation; obligations when booking for third parties
§ 4 Cancellation terms for the customer
§ 5 Limitation on set-off and retention
§ 6 Limitation of our liability
§ 7 Severability clause, applicable law, jurisdiction
§ 1 Scope; Contract Language; Definition
§ 2 Personal requirements for participation in the offered undertakings; (foreign) health insurance
§ 3 Information on risks, personal responsibility of the tour participants
§ 7 Use of photographs/video footage obtained from us
§ 8 Severability clause, applicable law, consumer dispute resolution
General Booking Conditions
§ 1 Scope; Contract Language; Definition
(1) The following General Booking Conditions apply to all contracts concluded between Dr. Sebastian Schmidt - Land Water Adventures, Winzinger Straße 109, 67433 Neustadt an der Weinstraße (hereinafter referred to as "we", "us" or "LWA") and our customers (hereinafter referred to as "customers").
(2) 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) If our booking conditions speak of "undertaking", this refers to all tours, courses, expeditions or other events that can be booked with us.
(4) These booking conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer will only become part of the contract if we have expressly agreed to their validity. This requirement of consent applies in any case, for example, even if we provide services to the customer in the knowledge of the customer's general terms and conditions.
§ 2 Conditions of participation; obligations for bookings for third parties
(1) The "Terms and Conditions of Participation", which are attached to these Terms and Conditions and are also made available for download on the website https://www.land-water-adventures.com/de/agb, form the basis of every performance of an undertaking by us.
(2) Undertakings can also be booked for third parties. In this case, the booking customer undertakes to familiarize all third parties for whom the booking is made (hereinafter "tour participants") with the terms and conditions of participation and to obtain their consent thereto.
(3) Each Tour Participant must meet the personal requirements specified in the Conditions of Participation.
§ 3 Our cancellation rights: Failure of a Tour Participant to reach the minimum number of participants, failure of a Tour Participant to meet the personal requirements; dangerous circumstances; consequences of withdrawal
(1) We may withdraw from the contract up to 5 days before the start of the undertaking if the minimum number of participants specified in the tour description for the undertaking is not reached. For expeditions, expedition tours and expedition courses, the deadline is one month.
(2) We may also exclude individual tour participants from participation in the undertaking and thus withdraw from the contract in whole or - in the case of bookings for several tour participants, but not all of which are covered by the points listed below - in part, if and insofar as
a) the Tour Participant does not meet the requirements for the personal prerequisites of the Conditions of Participation (§ 2);
b) the Tour Participant fails to send the questionnaire referred to in § 2 a) of the Conditions of Participation and/or proof of overseas health insurance within 14 days of booking or 3 days before the start of the undertaking, whichever is earlier. If the confirmation that we accept the contract specifies a different period for this, it will take precedence;
c) our evaluation of the questionnaire referred to in § 2 a) of the Terms and Conditions of Participation reveals that the Tour Participant is at risk by participating in the undertaking or carrying out the undertaking. The Tour Participant is at liberty to prove that such a risk does not exist;
d) the Foreign Office issues a travel warning for the destination country of the undertaking or if the weather and/or environmental conditions make a safe performance of the undertaking appear impossible or associated with significant risks.
(3) The withdrawal according to the above paragraph (2) a), c) and d) must be declared in text form within one week after our knowledge of the facts entitling to withdrawal.
(4) In the event of our withdrawal in accordance with the preceding paragraphs, except (2) d) ("force majeure"), the customer will be refunded any payments made for the undertaking booked with us, insofar as this is affected by the withdrawal.
In case (2) d), at least 3 alternative dates will be offered. If none of the alternative dates are considered suitable by the customer, the payment made to date will be converted into an open-ended credit.
(5) In the event of withdrawal in accordance with paragraph (2) b) above, the customer shall, in deviation from paragraph (4) above, have 25% of the tour price attributable to the respective tour participant credited to him, unless he proves that we have incurred lower costs or no costs at all.
§ 4 Cancellation conditions for the customer
(1) The customer is entitled to cancel the undertaking in accordance with the following conditions. The cancellation for a tour participant can only be made by the customer who has booked the undertaking and must be made in text form (esp. by e-mail or by post). In case of cancellation, the following costs per cancelled Tour Participant ("Cancellation Costs") will apply:
For undertakings in Germany and such undertakings abroad that do not take place in expedition style:
- Cancellation up to the 31st day before the start of the undertaking: 25% of the tour price (per tour participant)
- Cancellation from the 30th to the 21st day before the start of the activity: 50% of the tour price (per tour participant)
- Cancellation from the 20th to the 8th day before the start of the undertaking: 75% of the tour price (per tour participant)
- Cancellation from the 7th day before the start of the undertaking: 100% of the tour price (per tour participant)
For undertakings abroad that take place in expedition style, especially those undertakings that are marked as expedition, expedition course, or expedition tour (in the following called "expeditions"):
- Cancellation up to the 181st day before the start of the undertaking: 25% of the tour price (per tour participant)
- Cancellation from the 180th to the 91st day before the start of the undertaking: 50% of the tour price (per tour participant)
- Cancellation from the 90th to the 61st day before the start of the undertaking: 75% of the tour price (per tour participant)
- Cancellation from the 60th day before the start of the undertaking: 100% of the tour price (per tour participant)
For staggered tour prices based on the number of participants, the cut-off date for calculating the final tour price is the 60th day before the start of the tour. Bookings and cancellations after this date no longer affect the final tour price.
For reserved rental equipment, a full refund of rental fees already paid will be made in case of cancellation up to the 31st day before the start of the undertaking (up to the 62nd day for expeditions). From the 30th day before the start of the undertaking (from the 61st day for expeditions) 75% of the rental fees already paid will be refunded and from the 14th day before the start of the undertaking 50% of the rental fees already paid will be refunded for all undertakings.
(2) Decisive for the preservation of the deadlines is the receipt of the cancellation by us.
(3) If a substitute participant who meets the requirements of § 3 of these Terms and Conditions is named for the cancelled Tour Participant, the cancellation costs are waived, instead a handling fee will be charged.
(4) If the cancellation results in a refund of less than €200, this will be made by means of a voucher.
(5) The above paragraphs (1) to paragraph (4) do not automaticall apply to undertakings that a customer has booked exclusively. 25% of the total price of the exclusively booked undertaking will be retained in any case as cancellation costs. In addition, the parties will agree on cancellation terms in this case. Terms stated in booking confirmations/offers take priority.
(5) Cancellation conditions mentioned in descriptions of special undertakings always take precedence over the above paragraphs (1) to (4).
(6) Rebookings are possible. Rebookings are defined as the following processes after a booking has been made: Change of the date of participation in the same type of undertaking, change to another undertaking if logistically possible and if the participation requirements are met (subject to individual case review).
Rebookings up to 6 months prior to the start of the originally booked activity are subject to an administration fee.
Rebookings later than 6 months before the start of participation in the originally planned activity are made as a cancellation and subsequent re-booking. Cancellation will be made according to the above paragraph (1).
Expeditions and exclusive bookings are excluded from rebooking.
(7) In the case of cancellations or rebookings, the customer always has the option of proving that no damage has been incurred or that it is significantly less than the cancellation costs according to the above paragraph (1). The assertion of further damages by us in individual cases is not otherwise excluded by this clause.
§ 5 Limitation of set-off and retention
Against LWA's claims for payment, set-off and the exercise of a right of retention are only possible with recognized and/or legally established claims. A claim expressly designated by LWA as not disputed shall be equal to an acknowledged claim. However, the customer shall remain entitled to set-off against our claims even without the aforementioned restriction if he asserts notices of defects or counterclaims arising from the same contract.
§ 6 Limitation of our liability
(1) A liability of us exists only for intent and gross negligence We are liable only for foreseeable damage, the occurrence of which must be typically expected. This also applies to lost profits and savings. Liability for other remote consequential harm caused by a defect is excluded.
(2) We are not liable for events of force majeure, which make the contractual services impossible or even significantly complicate or temporarily hinder the proper execution of the contract. Force majeure shall be deemed to be all circumstances that are independent of the will and influence of the contracting parties, such as terrorist attacks, embargo, confiscation, natural disasters, strikes, decisions by authorities or other serious and unforeseeable circumstances that are not the fault of the contracting parties. In this context, a circumstance shall only be deemed to be force majeure if it occurred after the conclusion of the contract.
(3) Insofar as our liability is excluded or limited, this shall also apply to the liability of our employees, other staff, representatives and vicarious agents.
(4) The limitation of liability according to the above paragraphs (1) to (3) shall not apply
a) in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation) and
b) for damage to life, body and health.
c) in the case of liability under the Product Liability Act
§ 7 Severability clause, applicable law, place of jurisdiction
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, disputes arising from or in connection with a contract with us shall be subject to the exclusive jurisdiction of the courts at our registered office (Neustadt an der Weinstraße). This shall also apply if the customer is domiciled outside the territory of the Federal Republic of Germany and the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity.
(2) The contracts concluded between us and our customers on the basis of these GTC shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) Mandatory consumer protection provisions of the law of the state in which a customer who is a consumer has his habitual residence remain unaffected. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
(4) Should individual provisions of these contractual terms and conditions be wholly or partially invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected.
(5) We are generally not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Terms of Participation
§ 1 Scope; Contractual language; Definition
(1) The following terms and conditions of participation apply to all undertakings carried out by Dr. Sebastian Schmidt - Land Water Adventures, Winzinger Straße 109, 67433 Neustadt an der Weinstraße (hereinafter: "we", "us" or "LWA").
(2) Contract language is German. Translations of these Terms of Participation 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) If in our booking conditions of "undertaking" is mentioned, this means all tours, courses, expeditions or other events that can be booked with us.
§ 2 Personal requirements for participation in the offered undertakings; (foreign) health insurance
(1) Tour participants under 18 years of age may only participate with a - in advance of the undertaking available - written permission or accompanied by a parent or guardian.
(2) The tour participants must be in good health to be able to participate in the booked activities.
a) For some undertakings, the tour participants must therefore fill out a questionnaire in advance, which is to clarify health risks. The questionnaire is only required for selected and challenging multi-day tours.
b) Without express agreement in individual cases, the personal requirements for participation are lacking if the tour participant has one of the following facts:
- Acute degenerative spinal diseases (herniated disc)
- Acute degenerative bone diseases
- Acute injuries in the musculoskeletal system that do not allow athletic stress
- Severe heart failure/heart failure
- Acute mental illness (e.g., delusional or psychotic states)
- Non-swimmers
(3) Each tour participant must have health insurance and carry an official photo ID and proof of insurance (e.g. insurance card). If and to the extent that the undertaking takes place abroad, the Tour Participant must provide proof of sufficient foreign health insurance that also covers the type of undertaking. LWA advises that some overseas health insurance policies exclude packrafting from coverage as a "high-risk" sport.
§ 3 Notice of risks, personal responsibility of tour participants
(1) Despite careful planning and design to minimize risk, outdoor undertakings are fundamentally associated with risks from weather, self-behavior, material behavior, personal behavior, animals, trees, falling rocks and other general environmental influences, as well as influences of non-urban terrain off trails, in the forest, on slopes and near bodies of water.
(2) The information on health risks in the questionnaire mentioned in § 2 of these conditions of participation must be answered truthfully. The information will be checked by us without consulting a doctor. We therefore expressly recommend obtaining (specialist) medical or psychological advice if the Tour Participant is uncertain about his suitability for participation.
§ 4 Consideration for other tour participants; Photography, video and sound recordings; No taking of animals; Exclusion of tour participants
(1) During an outdoor activity, all persons involved are to a particular extent a community of solidarity with few opportunities for retreat and intensive personal contact. Therefore, special emphasis must be placed on the effort to show mutual consideration as well as respectful treatment of the different characters of this community, balancing the different prerequisites of the individuals and honest, calm and motivating behavior. If a tour participant is physically or mentally no longer able to continue the undertaking, the situation will be resolved with top priority on the safety of this tour participant and subordinate priority on the continued implementation of the undertaking.
(2) Photo, video and sound recordings of tour participants or guides are only permitted with the consent of the person being recorded and in consultation with the tour guide.
(3) For safety reasons and consideration, animals may not be brought along.
(4) In case of serious violations of these conditions of participation, we are entitled to exclude the tour participant from further participation before the end of the undertaking.
§ 5 Conservation; Alcohol consumption; No GPS tracking; Open fire; Loose objects; Keeping the group together
(1) Everyone involved in our outdoor activities agrees not to leave trash or other items in nature. We will leave campsites without traces as much as possible and overall move respectfully, prudently, and at a reasonable volume in nature. The Leave No Trace Ethics, available at www.land-water-adventures.com/de/naturschutz are to be followed.
(2) Alcohol consumption is to be limited to evenings at camp and generally to a reasonable level. Alcohol consumption is prohibited altogether during upcoming night hikes or portions of tours at night and tour segments on the water. Local laws regarding alcohol and drug use are to be observed.
(3) Recording of routes via GPS devices ("tracking") is only permitted with the prior consent of the tour guide.
(4) Open fires are allowed only with our express permission. Smoking near packrafts, tents, sleeping pads, sleeping bags, or woods is strictly prohibited.
(5) We expressly point out that loose items in boats are subject to special risk of loss, especially sinking.
(6) If individual tour participants leave the group or the camp, they do so at their own risk. Such solo departures are to be coordinated with the guide.
§ 6 Limitation of liability
(1) A liability of us exists only for intent and gross negligence We are liable only for foreseeable damage, the occurrence of which must be typically expected. This also applies to lost profits and savings. Liability for other remote consequential harm caused by a defect is excluded.
(2) We are not liable for events of force majeure, which make the contractual services impossible or even significantly complicate or temporarily hinder the proper execution of the contract. Force majeure shall be deemed to be all circumstances that are independent of the will and influence of the contracting parties, such as terrorist attacks, embargo, confiscation, natural disasters, strikes, decisions by authorities or other serious and unforeseeable circumstances that are not the fault of the contracting parties. In this context, a circumstance shall only be deemed to be force majeure if it occurred after the conclusion of the contract.
(3) Insofar as our liability is excluded or limited, this shall also apply to the liability of our employees, other staff, representatives and vicarious agents.
(4) The foregoing limitation of liability pursuant to paragraphs (1) to (3) shall not apply
a) in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (cardinal obligation) and
b) for damage to life, body and health.
c) in the case of liability under the Product Liability Act
§ 7 Use of photographs/video recordings received from us
Photographs and/or video recordings provided by us, may be used exclusively for private purposes in accordance with the following rules:
(1) The photo and/or video recordings may be reproduced, edited, redesigned and printed for private use. Copies, whether digital or hard copy, may also be shared with family and friends in a private setting, but not without informing them of the restrictions below.
(2) The photo and/or video recordings may be made publicly accessible in the context of a private use on websites that serve exclusively private purposes, as well as on own private pages in social networks or private pages of friends (only natural persons) in social networks. The prerequisite for this is, however, that a copyright notice is attached directly to the photo and/or video recordings as follows:
Copyright: Land Water Adventures or
© Land Water Adventures or
(c) Land Water Adventures
(3) Publication in print media is not permitted
(4) If published in private social media profiles, a link to the respective social media channel of Land Water Adventures is necessary and sufficient.
(5) We expressly point out that the consent of the other persons depicted or recorded there may be necessary for the transfer of the photo and/or video recordings or making them publicly accessible. We have not obtained such consent for the purposes of other tour participants receiving the recordings from us. It is therefore solely the responsibility of the recipient of the recordings to clarify whether the consent of other persons depicted or recorded in the photo and/or video recordings is necessary for sharing the photo and/or video recordings or making them publicly available and for obtaining such consent.
(6) Any commercial use of the photographs and/or video recordings is expressly prohibited without the prior written consent of LWA.
§ 8 Severability Clause, Applicable Law, Consumer Dispute Resolution
(1) These Terms and Conditions of Participation shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Should individual provisions of these Terms and Conditions of Participation be invalid or unenforceable in whole or in part, or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected.
(3) We are generally not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.