1. General
1.1 The following General Terms and Conditions (GTC) shall apply to the business relations between
TJ Event&Merchandise
Tobias Jakob
Gabelsberger Str. 6a
83022 Rosenheim
www.bac-trail.eu
(hereinafter referred to as the organiser) and the participant (hereinafter referred to as the participant).
1.2 These General Terms and Conditions (GTC) apply to the implementation of bicycle stage rides with a supporting programme (hereinafter referred to as the Event) of the Organiser irrespective of the venue of the booked Event.
1.3 In the event that services are arranged for other organisers, the General Terms and Conditions of the respective organiser shall also apply.
1.4 The participant can view the GTC of the organiser on the website www.bac-trail.eu under "GTC". The description of the individual events and their pricing can also be found on the aforementioned website.
2. SCOPE & IMPLEMENTATION OF THE OFFER
The Organiser offers cycle stage rides with social programme (hereinafter referred to as events), which are held in specially rented premises and outdoors.
3. REGISTRATION AND PAYMENT
3.1 Registration for the Event shall be made via the Atleta ticketing platform (www.atleta.cc). The registration becomes binding for the participant upon receipt by the organiser, and binding for the organiser upon written confirmation of registration and invoice (by email).
3.2 By purchasing a ticket for an event, the participant confirms that he/she has read and accepts the General Terms and Conditions.
3.3 Payment of the invoice amount for an event shall be made immediately via the payment method selected. Bank transfers must be made within 10 days.
3.4 If no transfer is made to the Organiser's account within the period stated in the confirmation of registration, the Organiser has the right to exclude the Participant from participation by declaring a termination.
3.5 The prices stated on the website are final prices and do not include VAT due to the small business regulation §19 para. 1 UStG.
4. CONDITIONS OF PARTICIPATION - THE PARTICIPANT'S RIGHTS AND OBLIGATIONS
4.1 The participant is obliged to provide his/her personal data truthfully and completely and to notify any changes to the data promptly.
4.2 Participation in the event requires mental and physical resilience. The participant is required to discuss participation with his/her doctor or therapist.
4.3 The participant is required to inform the organiser before the start of the event of any physical or mental limitations, (possible) pregnancy or medical conditions and expressly declares that, from a medical point of view, there are no objections to exercising the (sporting) activities in which he/she is participating. It is therefore recommended that the participant be medically examined for fitness for the intended sports programmes before the start of the event.
4.4 All (sporting) activities are always at the participant's own risk.
4.5 Only adults (at least 18 years old) are permitted to attend an event organised by the Organiser. In exceptional cases, a special agreement can be made between the organiser and the underage participant and his/her legal guardian.
4.6 The event is not a race and there will be no timekeeping! There is no mass start! The course is not closed to other traffic. The traffic regulations must be observed at all times. Please pay special attention to the right-hand-driving rule, the obligation to use cycle paths, the right-of-way rule, etc. Participants must ensure that their bicycles are roadworthy. Further official requirements may be imposed. The organiser is obliged to communicate the requirements to the participant. The participant is responsible for complying with the official requirements.
4.7 The event takes place in nature. The participant must take care to protect the environment, especially in the Bavarian Forest and Sumava National Parks. A daytime driving ban applies for the protection of wildlife! The ban starts 1 hour after sunrise and ends 1 hour before sunset! Wild camping is prohibited. Hikers or pedestrians must always be given priority, respectful treatment of other participants, third parties and nature is obligatory. The organiser will provide participants with information material on how to behave in nature and the national parks, any penalties for non-compliance by the participant cannot be charged to the organiser.
4.8 There is no so-called "broom wagon", in case of premature termination due to technical, weather or health reasons of the participant, the journey home has to be organised independently.
5. SERVICES
5.1 The participation fee includes the services specified in the booking confirmation/invoice or in the event announcement.
5.2 The Organiser reserves the right to deviate from the individual services (e.g. time schedule or content) or to omit individual modules, provided that such deviations become necessary after conclusion of the contract for objectively justified, substantial and unforeseeable reasons and do not change the objective and overall character of the event.
5.3 Changes to the course of the event cannot be ruled out. In particular, in the event of weather-related hazards, the programme (e.g. individual route sections) may be changed and an alternative programme offered. In such cases, the participant is not entitled to a refund of the event price or a partial amount.
5.4 Participants are responsible for organising their own travel to and from the event and this is not part of the organiser's services. The same applies to insurance (e.g. travel cancellation insurance, liability insurance).
5.5 Additional agreements that change the scope of the contractual services require express written confirmation by the organiser.
5.6 If the participant does not make use of individual services that were properly offered to him/her for reasons for which he/she is responsible, he/she shall not be entitled to a pro rata refund of the event price.
6. CANCELLATION BY THE PARTICIPANT
6.1 Cancellation by the participant is possible at any time and must be made in writing. If the participant withdraws from the contract or does not attend the event, he/she must pay a cancellation fee to the organiser.
6.2 Cancellation fees: There is no charge for a written cancellation up to 60 days before the event. Thereafter, the following fees will be charged:
There is no charge for a written cancellation up to 60 days before the event. Thereafter, the following fees will be charged:
60-30 days before the start of the event: 25% of the total amount.
29-15 days before the start of the event: 50% of the total amount
14-5 days before the start of the event: 80% of the total amount.
At the beginning of the event and non-participation without prior cancellation: 100% of the total amount.
Cancellation fees are waived in any case if the non-participating customer names a substitute participant and this substitute participant actually takes the place vacated at the event. The date of receipt of the cancellation letter by the organiser by email shall be decisive for the calculation of the deadlines. In the event of early cancellation of an event, there is no entitlement to a refund of the price or parts thereof.
7. TERMINATION AND WITHDRAWAL BY THE ORGANISER
7.1 The Organiser may cancel the contract before the start of the Event or terminate the contract after the start of the Event in the following cases:
a) Cancellation of the contract due to extraordinary circumstances.
The Organiser reserves the right to postpone or cancel the Event for reasons beyond the Organiser's control. This is particularly the case if, in the event of prevention due to illness or force majeure, for example, the implementation of the event is endangered or impaired. Any payments made will be refunded, taking into account the costs incurred by the organiser. The participant shall have no further claims.
b) Exclusion from the event
If the participant causes a lasting disturbance during the event despite a warning from the organiser (e.g. disregards the rules of conduct on the stage tour) or if he/she behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified, the organiser can cancel the contract without observing a period of notice. If the Organiser terminates the contract, the Organiser shall retain the right to the event price.
8. LIABILITY
8.1 The Organiser shall not be liable for accidents, possible traffic obstructions, delays or cancellations (e.g. aeroplane, train, bus, traffic jam) and the associated postponements, missed appointments, as well as for any consequential costs that may arise for the participant.
8.2 Participation in the (sporting) activities offered, the journey, the use of the services mentioned and the stay at the event are at the participant's own risk.
8.3 The organiser's liability does not extend to dangers that are inevitably associated with the (sporting) activities offered and are consciously accepted by the participant. It also does not extend to damage caused to the participant during participation in the offered (sporting) activities through the fault of other participants or third parties.
8.4 The organiser is not liable for service disruptions in connection with services that are merely arranged as external services.
9.LIABILITY FOR LOSS AND DAMAGE
The organiser is not liable for any loss or damage to the participant's property.
10.HANDLING OF THE ORGANISER'S SPORTS EQUIPMENT
The sports equipment, all sports equipment and other objects that are the property of the organiser are to be treated properly by the participants. In the event of grossly negligent damage or loss, the participant shall be liable for the damage incurred.
11. LIMITATION OF LIABILITY
The contractual liability of the organiser for contractual claims for damages by the participant shall be limited to three times the price of the event, insofar as damage is not caused to the participant intentionally or through gross negligence.
12. HELMET OBLIGATION AND SAFETY INSTRUCTIONS
12.1 Helmets are compulsory on the entire tour.
13. ENTRY REGULATIONS
The participant is responsible for complying with all regulations relevant to his/her arrival / departure / stay at the event (e.g. valid passport, visa or health regulations, Corona regulations).
14. USE OF IMAGES
The organiser reserves the right to take pictures and videos during the event for use and publication on its own website and in its own social media for the purposes of advertising and describing the services. The participant hereby declares his/her consent to image and video recordings of him/herself in accordance with these terms and conditions of use. This consent can be revoked in writing at any time.
15. SEVERABILITY CLAUSE
The invalidity of individual provisions shall not invalidate the contract or the remaining provisions of the small print.
16. PLACE OF JURISDICTION
The place of jurisdiction is Traunstein.
TJ Event&Merchandise
Tobias Jakob
Gabelsberger Str. 6a
83022 Rosenheim
team@bac-trail.eu
Date: 20.02.2023