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General terms and conditions

Please note that you confirm the recognation of our general terms and conditions by your booking. We kindly ask you to read them carefully. The general terms and conditions are part of all of our offers, information and events. They take effect as soon as there is a contract between you – below mentioned “client” – and ARA Sport, owners are Raidl Thomas and Tinter Stefanie, GbR, - below mentioned “ARA Sport”.

Please note that you confirm the recognation of our general terms and conditions by your booking. We kindly ask you to read them carefully. The general terms and conditions are part of all of our offers, information and events. They take effect as soon as there is a contract between you – below mentioned “client” – and ARA Sport, owners are Raidl Thomas and Raidl Stefanie GbR or Raidl Thomas and Amann Martin GbR - below mentioned “ARA Sport”.

Paragraph 1
General

  1. The scope of service of the contract which is signed between the client and ARA Sport results exclusively from the description of the service of the corresponding offer and the confirmation of booking.

  2. A binding contract between the client and ARA Sport is made by the confirmation of booking. The following general terms and conditions are part of this contract.

Paragraph 2
Conclusion of the contract

  1. The registration by the client represents a binding offer regarding conclusion of the contract. The registration can be made by post or by electronic data transmission.

  2. The contract is made as soon as ARA Sport sends the client a written confirmation of booking by post or by electronic data transmission.

  3. The signing client also submits the offer in his own name fo the persons who are named by him and is the personal contact partner when ARA Sport takes the offer.

  4. If discounts or special conditions have been agreed between the two parties, they have to be confirmed when it comes to the conclusion of the contract by ARA Sport in written form described in item 2. Discounts and special conditions cannot be granted belatedly.

Paragraph 3
Terms of payment

  1. Together with the confirmation of booking, described in item 2, an invoice will be sent to the client by ARA Sport. As long as there are no deviant conditions in the offer, the following terms of payment are valid: 50% of the price have to be paid 4 weeks before the tournament begins. Please note that the date of the beginning of the tournament has been indicated in the confirmation of booking. The another 50% have to be paid cash at the beginning of the tournament.

  2. If you receive the confirmation of booking within less than 4 weeks before the tournament starts, 50 % of the price have to be paid imediately. The rest of 50% have to be paid cash at the beginning of the tournament.

Paragraph 4
Change in prices

  1. ARA Sport is allowed to change the prices which are indicated in the offer for the tournament and which are confirmed in the confirmation of booking if there is an increase of the transportation costs or if there are charge for certain activities or if there is a change of the rate of exchange which is valid for the corresponding tournament.

  2. ARA Sport is allowed to increase the price by a surcharge for a small group which is indicated in the price list.

  3. Changes in prices can be made by ARA Sport till 14 days before the beginning of the tournament which is indicated in the confirmation of booking.

Paragraph 5
Change in agenda

  1. ARA Sport is allowed to change the arranged agenda or single arranged services (e.g. accomodation, transport, type of transport, activities, venues) if this has to be made due to external circumstances.

  2. External circumstances in terms of article I  are particularly acts of God, governmental measures, strikes, environmental influence, lateness of the third party, non-availability of accomodation or venues, lateness of a flight. Please note that an external circumstance is also an emergency, e.g. the heavy illness of a client.

Paragraph 6
Replacement

  1. Till 7 days before the beginning of the tournament which is indicated in the confirmation of booking, the client can be replaced by a third person of his own choice. ARA Sport has to accept this replacement if this person comes up to the demands of the agenda and if there are no legal instructions which are opposed to the  participation of this third person.

  2. The replacement is obliged to pay the price.

  3. The replacement has to carry out the formalities which are necessary for the accession of the tournament by himself (formalities regarding pass/identify card and visa). The replacement has to carry the costs for these formalities.

Paragraph 7
Right to withdraw from the contract for the client

  1. The client has the right to withdraw from the contract at any time. The client has to inform ARA Sport in written form about the withdrawal.The deadlines depend on the access of the declaration of withdrawal at ARA Sport. 

  2. If a client withdraws from the contract, ARA Sport is allowed to ask for compensation for his expenditure (by evidence) or to ask the claim for compensation in terms of a flat charge according to the following percentages of the price confirmed in the confirmation of booking.
  • The flat charge is calculated as follows:
    Withdrawal within 14 till 7 days before the beginning of the tournament,
    indicated in the confirmation of booking: 50% of the price per person
  • Withdrawal within less than 7 days before the beginning of the tournament, indicated in the confirmation of booking: 75% of the price per person
  1. Non-appearance at the day of tournament: 100% of the price per person

  1. The client has the right to show that ARA Sport has suffered a lower damage.

  2. If the price increases according to article 4 by more than 10% of the original price indicated in the confirmation of booking or if the price increases due to a surcharge for a small group indicated in the confirmation of booking, the client has the right to withdraw from contract within 7 days after receipt of this announcement. Significant for the maintaining of the deadline is the access of the written accouncement by ARA Sport. In this case, the client gets back the money which he has already paid to ARA Sport. Please note that the compensation of further costs (e.g. insurance, transport costs, costs for visa) are excluded.

  3. If the client has the right of withdrawal according to item 4, he can ask alternatively that ARA Sport gives him the opportunity to take part in a equal tournament. ARA Sport is allowed to reject this ask if such a tournament can only be carried out by disproportionate high costs.

Paragraph 8
Right of withdraw from the contract for ARA Sport

  1. If no payment has been made within the deadlines indicated in paragrah 3, articles 1 and 2, ARA Sport can grant an additional respite for payment. If the additional respite expires without payment has been made, ARA Sport has the right to withdraw from contract. In this case, ARA Sport is allowed to ask for compensation to the amount of 20% per person due to his useless expenditure. The assertion of a major damage is possible by evidence. The client can demonstrate that a lower damage has been occurred.

  2. ARA Sport can withdraw from contract at any time if the execution of the tournament is considerably complicated, endangered or influenced by external circumstances. Cirumstances in that case have already been indicated in paragraph 5, article 2.

  3. ARA Sport is allowed to withdraw from contract within 7 days before the beginning of the tournament, indicated in the confirmation of booking, if the minimum number of participants named in the tournament description has not been reached.

  4. If ARA Sport withdraws from the contract, the client gets back the money which he has already paid. Please note that the client has no right of compensation of further costs (e.g insurance, transport costs, costs for visa).

Paragraph 9
Exclusion of liability

  1. The client takes part on the by ARA Sport offered event at his own risk. ARA Sport does not assume liability for additional events offered by a third party and/or calendar of events (e.g. every kind of sport events, flights, skydiving, trips with motorbikes, snowboarding, etc.).

  2. ARA Sport does not assume liability for damage or defects which the client damnifies negligent and intentionally to himself, other clients or a third party.

  3. ARA Sport does not assume liability for damage or defects which have been made by intentional actions of his legal representative or his vicarious agent.

  4. ARA Sport only assumes liability for damages and defects which have been made intentionally or wantonly negligent by ARA Sport himself.

  5. ARA Sport does not assume liability for damages due to acts of God or due to an event which could not be forseen or avoided by ARA Sport despite every carefulness. ARA Sport does not assume liability for damages due to failure and/or

default of the client. ARA Sport does not assume liability for unforeseeable events of failures of a third person who is not involved in the provision of the service.

Paragraph 10
Compensation

  1. If ARA Sport is responsible for a fault according to article 9, the client can only demand the replacement service which corresponds to the faulty service. If ARA Sport rejects the service, the client can demand the reduction of the price (reduction). The price has to be increased proportionaly to the worth

  2. The limit of liability is restricted to the threefold price.        The client can only demand compensation of direct damage by ARA Sport. ARA Sport does not assume liability for financial damage and/or consequential damage.

  3. All faults and damages have to be indicated immediately on site to ARA Sport or his representative by the client. Otherwise, the assertion of right due to the fault is excluded.

  4. The client has to indicate ARA Sport the fault or damage in written form within one month after the end of the event which is indicated in the confirmation of booking.If ARA Sport rejects the claim for compensation for the indicated fault or damage, it has to be enfored jurisdictionally within one month. Otherwise, the claim for compensation prescribes.

  5. The transfer of claims for compensation of the client against ARA Sport is only allowed for indisputable claims or claims which are established as final and absolute.

Paragraph 11
Compulsory insurance / duty of documents

  1. The client himself has to take out all insurencies which are necessary for the event. ARA Sport is not obligated to take out these insurances or the check the conclusion of insurance.

  2. The contract does not cover the healt insurance in a foreign country, travel cancellation insurance, baggage insurance, accident insurance, sport baggage insurance.

  3. The client himself is responsible for the observation of the entry requirements in the country in which the event takes place.In particular, he has to care that he has a valid passport. The client is also responsible for the observation of prescription of health when he enters the country in which the event takes place.

Article 12
Copyright and Sound Recordings rights
The
Customer agrees that all images created by ARA sport itself as well as sound recordings that show the customer at an event organized by ARA Sport and around this event may be published by ARA sport.

Article 13
Naming rights
The
customer agrees to the ARA Sports Him on the homepage www.ara-sport.de under the References section as former customer must call

Paragraph 12
Requirement for written form

  1. Changes and additional agreements to these general terms and conditions have to be made in written form. This is also valid for the annulment of this item.

Paragraph 13
Place of jurisdiction

Place of jurisdiction is the place of the headquarters of ARA Sport , Ostendstraße 1, 94315 Straubing

Paragraph 14
Severability clause

If one of the items is not valid or will be not valid, this does not contact the validation of the legal conditions. The parties obligate themselves already now to replace the emerging blank by a condition which comes up the best to the economic interests of ARA Sport.

Atting, January 2015





Last update:
2018-05-18





© ARA Sport