For all camps and mission outreaches organized by the association “Mühle Weingarten e.V.” (hereinafter referred to as “Organizer”), the general terms and conditions apply in conjunction with the respective description of the event on the website www.diemuehle.org and https://herrnhut24.org,(hereinafter referred to as “Homepage”).
The GTC in the version valid at the time of registration are part of the contract between the organizer and participants (hereinafter referred to as “participants”).
They can be viewed in the current version on the homepage www.diemuehle.org and https://herrnhut24.org.
§ 1 Conditions of participation and scope of services
(1) The respective minimum age is regulated in the description of the individual event.
Underage participants require a declaration of consent from a parent or legal guardian in order to register for an event.
(2) Participants must be reachable by e-mail.
(3) The general scope of services of the event is described on the homepage and the event flyers.
(4) The organizer shall inform the participants of organizational measures by e-mail in good time before the start of the event.
(5) Participants are generally responsible for their own health.
If the participant has any illnesses that require special treatment or special food preparation, please inform the organizer in good time.
§ 2 Registration and conclusion of contract
(1) Registration takes place online on the homepage using the registration form provided there or, if applicable, by post.
The information on the registration form must be filled in completely and truthfully by the participants.
Online and postal registration is binding for the participants.
(2) A binding contract for participation in the event is concluded when the organizer confirms the conclusion of the contract by the participants.
Upon or immediately after conclusion of the contract, the organizer shall provide the participants with the confirmation of participation.
§ 3 Participation fee and terms of payment
(1) The amount of the participation fee is set out in the service description and the confirmation of participation.
(2) After receipt of the confirmation of participation, the participation fee must be paid within 21 days (receipt of payment by the organizer is decisive).
If there are less than 21 days between receipt of the confirmation of participation and the event, the participation fee must be paid in full to the organizer immediately (receipt of payment by the organizer is decisive).
(3) If the participation fee is not received within 21 days of receipt of the confirmation of participation and if no payment is made despite a request and a reasonable deadline, the organizer is entitled to terminate the contract without notice.
(4) Unless otherwise agreed, payments are only possible by bank transfer.
(5) Without full payment of the minimum participation fee before the start of the event, there is no entitlement to participate in the event, unless individual arrangements have been made in cases of hardship.
§ 4 Minimum number of participants
If the number of participants is too low, the organizer may cancel the event up to 14 days before it begins at the latest.
In this case, participants will be refunded any payments made towards the participation fee without delay.
The organizer will inform the participants immediately if it becomes apparent at an earlier date that the minimum number of participants cannot be reached.
§ 5 Transferability
(1) The participant may be replaced by another suitable participant up to the start of the event.
(2) The organizer requires sufficient opportunity to examine the request for substitution.
The organizer may object to the entry of third parties if they do not meet the special travel requirements or if their participation conflicts with statutory regulations or official orders.
(3) If a substitute person enters into the contract, the original participant and the substitute person shall be jointly and severally liable for the participation fee.
§ 6 Safety measures, exclusion of a participant, termination without notice by the organizer
(1) The instructions of the organizer and its staff must be followed at all times.
(2) The organizer may terminate the contract without notice for good cause and exclude a participant from further participation in the event.
(3) Good cause shall be deemed to exist in particular if a participant continues to cause considerable disruption despite a warning, so that further participation is no longer reasonable for the organizer or the other participants.
This also applies if the participant does not adhere to objectively justified instructions.
(4) The organizer does not need to issue a warning to the participant if the participant disrupts the event in a particularly gross manner.
This is particularly the case if the participant commits crimes against life and limb, sexual self-determination or the property of the organizer’s employees, service providers or their employees and other participants.
(5) In this case, the organizer shall continue to be entitled to the participation fee, insofar as no saved expenses and benefits result from any other use of the service(s).
Claims for damages by the organizer remain unaffected.
§ 7 Withdrawal of the participant before the start of the event, cancellation fees
(1) A participant may withdraw from the event at any time before the start of the event.
The receipt of a written declaration of withdrawal by the organizer is decisive.
Participants are advised to send their withdrawal in writing to the organizer’s email address stated at the end of these GTC.
(2) If the participant withdraws or does not attend the event, the organizer may demand reasonable compensation for the arrangements made up to the withdrawal/non-attendance and its expenses (cancellation fees) instead of the participation fee, provided that the organizer is not responsible for the withdrawal or non-attendance of the event and there is no case of force majeure.
(3) These cancellation fees are set out below in §7 (4) as a lump sum.
Usually saved expenses and the usually possible alternative use of the services are taken into account.
The participant reserves the right to prove that no or significantly lower costs than the flat-rate costs (cancellation fees) were incurred in connection with the withdrawal or non-attendance of the event.
(4) As a rule, the cancellation fees for withdrawal/cancellation are…
… up to 4 weeks before the event: none
… up to 2 weeks before the event: 50% of the minimum participation fee
… less than 2 weeks before the event: full minimum participation fee.
(5) The right of participants to provide a substitute participant remains unaffected by the above conditions.
(6) It is recommended that participants take out private travel cancellation insurance.
§ 8 Warranty
(1) If the event is not carried out in accordance with the contract (occurrence of defects), the participant must report this exclusively to the organizer or his local representative in order to safeguard his rights.
In this case, the participant may demand redress.
The organizer may refuse to remedy the situation if it requires disproportionate effort.
The organizer may also remedy the situation by providing an equivalent substitute service.
(2) The participant is obliged to cooperate within the framework of the statutory provisions to avoid or minimize any damage in the event of service disruptions.
In particular, the participant is obliged to notify the organizer’s local contact person of any complaints without delay, insofar as this is possible.
If the participant culpably fails to report defects, he/she loses the right to a reduction in the participation fee.
§ 9 Exclusion of claims, statute of limitations
(1) All claims due to non-contractual provision of the event must be asserted by the participant within one month of the contractually agreed end of the event, if possible in writing, to the organizer at the address given at the end of these GTC.
After the expiry of this period, claims can only be asserted if the participant was prevented from complying with the deadline through no fault of his own.
(2) Participants’ claims under Sections 651 c to 651 f BGB arising from injury to life, limb or health and for other damages based on a grossly negligent breach of duty by the organizer, its legal representatives or vicarious agents shall become time-barred after two years.
All other claims in accordance with §§ 651 c to f BGB are subject to a limitation period of one year.
The limitation period begins on the day on which the event should end according to the contract.
If negotiations are pending between the participant and the organizer regarding the claim or the circumstances giving rise to the claim, the limitation period shall be suspended until the participant or the organizer refuses to continue the negotiations.
The limitation period shall commence at the earliest three months after the end of the suspension.
§ 10 Liability
(1) The contractual liability of the organizer for damages that do not result from injury to life, limb or health is limited to three times the tour price, insofar as damage to the traveler has not been caused intentionally or through gross negligence, or insofar as the organizer is responsible for damage incurred by the traveler solely due to the fault of a service provider.
(2) The tortious liability of the organizer is limited to three times the tour price for material damage not caused by intent or gross negligence.
The maximum liability amount applies per participant and event.
(3) Participants must check their own health suitability for the event, if necessary by consulting a doctor, and assess the risks of the sporting events themselves.
(4) The organizer assumes no liability for lost or stolen valuables, clothing and equipment of the participants, unless he is responsible for intent or gross negligence in this regard.
(5) The organizer shall not be liable for reductions in performance caused by the fact that participants are prevented from participating in whole or in part due to legal regulations and/or official orders.
(6) Participants are responsible for their own involvement in sports activities.
The organizer is only liable for accidents that occur during the participant’s activities if the organizer is at fault.
(7) It is recommended to take out personal liability insurance, international health insurance and, if applicable, accident insurance for this type of event or to check existing insurance policies.
§ 11 Cancellation of the contract due to exceptional circumstances
(1) If the trip/participation is made considerably more difficult, endangered or impaired as a result of force majeure (e.g. war or natural disasters) that was not foreseeable when the contract was concluded, both the participant and the organizer may terminate the contract.
If the contract is terminated before the start of the event, the participant will receive a refund of the participation fee paid.
The participant shall have no further claims.
However, the organizer may demand payment for services rendered.
(2) If the aforementioned circumstances arise after the start of the event, the contract may also be terminated by either party.
In this case, the organizer will take the necessary measures as a result of the cancellation of the contract.
If the contract is terminated for the aforementioned reasons, the additional costs for return transportation (insofar as this is part of the contract) shall be borne equally by the organizer and the participant.
Otherwise, the additional costs shall be borne by the participant.
§ 12 Data collection and utilization
(1) The personal data provided by participants when registering will be stored and processed only for the purposes of holding and processing the event.
This applies in particular to the data required for payment processing (§ 28 Federal Data Protection Act).
By registering, the participant consents to the storage and use of the data for this purpose.
(2) The participant agrees that the photos, film recordings and interviews made in connection with his/her participation in the event may be distributed and published in radio, television, print media, books, photomechanical reproductions (films, video cassettes, etc.) without entitlement to remuneration.
The participant may object to this in writing, by post or e-mail to the organizer.
§ 13 Other regulations
(1) German law shall apply.
(2) The place of jurisdiction shall be the registered office of Mühle Weingarten e.V.
(3) Legally binding declarations can only be made to the participant by the organizer’s authorized group of persons.
Status: 23.10.2017
Organizer:
Mühle Weingarten e.V.,
Mühlstraße 9, 76356 Weingarten (Baden)
info@diemuehle.org
www.diemuehle.org
