Terms and conditions
Table of contents
- Conclusion of contract
- Minimum number of participants
- Special termination
- Prices and terms of payment
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Daniel Dörr, trading under the name of “Boulderwald” (hereinafter referred to as “Seller”), apply to all contracts for the provision of services that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Provider with regard to the services presented by the Provider on his website. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The service descriptions found on the website of the provider do not represent binding offers on the part of the provider, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the provider’s website. After placing the selected services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the services contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The provider can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by commencing performance of the service at the request of the customer and notifying the customer thereof, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Provider does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the provider’s online order form, the text of the contract is stored by the provider after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Provider shall not make the text of the contract accessible beyond this.
2.5 Before the binding submission of the order via the online order form of the provider, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for a better recognition of input errors can be the enlargement function of the browser, with whose help the representation on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German and English language is available for the conclusion of the contract.
2.7 Minors may only take part in an event with a declaration of consent from a parent or guardian. This can either be sent by e-mail as a PDF file before the event begins or brought along on the day of the event. If this is not provided, the operator reserves the right to exclude participants from events.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or third parties commissioned by the provider to process the order can be delivered.
In principle, the customer can withdraw from the purchase contract, provided that this occurs before the date of performance. This must be done in any case either in writing or by e-mail. However, the provider reserves the right to claim a compensation lump sum of the total travel price in the event that there is no force majeure.
The calculation basis for the compensation lump sums is based on the date of receipt of the notice of withdrawal by the Provider and the respective date of the trip.
- from 4 weeks before the start of the trip 30% of the travel price
- from 2 weeks prior to departure 50% of the tour price
- from 1 week before departure 100% of the travel price
4) Minimum number of participants
There is a minimum number of participants for all travel events. These are determined as follows:
- For all day tours at least 3 participants
- For all 3 days trips at least 4 participants
- For all 7 days trips at least 5 participants
If this number is not reached, the provider reserves a special right of termination. The provider can cancel up to 7 days before the start of the trip. Possible additional costs incurred by the customer, such as (flight/train tickets, equipment etc.) must be borne by the customer – the provider assumes no liability. In the event that the Provider withdraws from a trip, all customers will receive an equivalent voucher for a similar travel event in the foreseeable future. The supplier is in every respect anxious to let all travel events take place.
5) Special cancellation
The provider also reserves the right to terminate the contract without notice in the event of illness, breach of contract by third parties or in the event of strict misconduct by individual persons at the travel events. In the event of special termination, all customers will receive an equivalent voucher for a similar travel event in the foreseeable future. This does not apply in case of termination due to misconduct of the customer.
6) Prices and terms of payment
6.1 Unless otherwise stated in the service description of the provider, the prices quoted are total prices which include the statutory value added tax.
6.2 The payment option(s) and payment modalities are communicated to the customer on the website of the provider.
7) Applicable law
7.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
7.2 Furthermore, this choice of law with regard to the statutory right of revocation shall not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
8) Alternative dispute resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
8.2 The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.