Terms and Conditions
§ 1 Scope / Definitions
(1) The business relationship between Kletterwald Plochingen GmbH, Stumpenhof 104/1, 73207 Plochingen (hereinafter referred to as the “Provider”), the contracting party (hereinafter referred to as the “Customer”) and the participants in the facilities of the climbing forest (hereinafter referred to as the “Participants”) (hereinafter collectively referred to as: “Parties”) shall be governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of conclusion of the contract.
(2) Any deviating general terms and conditions of the Customer or Participant shall not be recognised unless the Provider expressly agrees to their validity in writing.
(3) The Provider provides services to consumers and businesses. The Customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), insofar as the purpose of the ordered goods and services cannot be attributed predominantly to their commercial or self-employed professional activity. By contrast, an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is any natural or legal person or partnership with legal capacity who, at the time of concluding the contract, is acting in the course of their commercial or self-employed professional activity.
§ 2 Participant Requirements / Conduct
(1) All participants must read the Terms and Conditions before the start of the event. By signing, the participant confirms that they have understood and accept the Terms and Conditions. For participants under the age of 18, a parent or guardian must read through the Terms and Conditions and discuss them with the minor before they are permitted to use the climbing forest. By signing, the parent or guardian confirms that they have read and understood the Terms and Conditions and have explained them to the minor participant. Young people aged 14 and over climbing alone require a written declaration of consent. By agreeing to these rules of use, the participant or their parent or guardian confirms that, from a medical perspective, there are no objections to participation in a climbing activity requiring a high degree of personal responsibility for safety. If necessary, the participant must consult a doctor beforehand.
(2) Leaving the designated paths is not permitted. Barriers must be observed. Smoking is prohibited throughout the entire facility. Dogs are only permitted if they are kept on a lead.
(3) The climbing forest is suitable for participants aged 3 years and over and with a height of 1.10 m who do not suffer from any illness or mental or physical impairment that could pose a risk to their own health or that of others whilst using the forest rope park.
(4) Participants who are under the influence of alcohol or drugs are not permitted to use the forest rope park.
(5) Children under the age of 14 must be accompanied by an adult. One adult may accompany two children. The age and height requirements specified by the operator for the individual courses must be observed.
(6) Any loose items in the participant’s possession (mobile phones, cameras, etc.) must not be carried in such a way whilst using the forest rope park that they could pose a danger to the participant or to other persons. These items must be deposited upon instruction by an instructor.
(7) Every participant must have viewed the digital safety briefing before using the climbing forest. All instructions given by the trainers are binding.
(8) Long hair must be tied back for the participant’s own protection. Piercings must be removed or covered with tape. For safety reasons, all participants must wear only the provider’s certified safety equipment.
(9) The safety equipment provided on loan must not be removed or transferred to other persons whilst using the climbing forest and must be returned no later than 3 hours after the safety briefing. The safety carabiners must always be attached to the safety rope marked in green. Both safety carabiners must never be unhooked at the same time.
(10) Each activity may only be performed by one participant. A maximum of 3 people may be on the tree platforms at any one time. The zip lines may only be used once it is certain that the landing area is clear. In case of doubt, a trainer must be called.
(11) Accidents, damage to property or injuries must be reported to a trainer immediately.
(12) The provider reserves the right to exclude participants if they breach the obligations and rules set out in § 2. In such cases, no refund of the ticket price will be given.
§ 3 Conclusion of Contract
(1) Customers may submit a non-binding enquiry via the provider’s website by completing the form provided. The customer may also submit the enquiry by email, in writing or by telephone. The provider will then send the customer an email containing an offer, informing the customer of the availability of the event date and the costs. The contract is concluded when the customer sends a confirmation email to the provider accepting the offer. If an event date is not available, the provider will inform the customer of this and will not make an offer.
(2) By submitting an enquiry, the customer confirms that they have read the Terms and Conditions and accept them.
(3) The contract is concluded in German.
§ 4 Description of Services
Only the service descriptions on the Provider’s website at www.kletterwald-plochingen.de and in the Provider’s written or email offers are binding regarding the scope of the contractual services.
§ 5 Terms of payment
(1) The prices stated on the website and in the Provider’s quotations apply. Prices are inclusive of statutory taxes, unless otherwise stated.
(2) The method of payment shall be determined by agreement between the parties.
(3) The due date for payment is set out in the invoice sent by the provider. In the case of cash payment on site, the ticket price is due immediately.
(4) If the customer defaults on payment, they shall pay the provider default interest for the year at a rate of 5 percentage points above the base rate if they are a consumer. If the customer is a business, the default interest shall be 9 percentage points above the base rate.
(5) The payment of interest on arrears does not preclude further claims by the Provider.
§ 6 Cancellation
(1) The customer may withdraw from the contract at any time. Withdrawal must be made in writing. The cancellation fees incurred are calculated as follows:
- Up to seven days before the date: Free of charge
- From the 6th day before the date: 50% of the total price.
- From the 2nd day before the date: 80% of the total price.
- From 24 hours before the booked date: 100% of the total price.
(2) Changing the date of an event to a different date after booking has been made is generally only possible following written or verbal agreement with the provider. The change of date shall only take effect upon written confirmation or confirmation by email from the provider. There is no entitlement to a change of date. The provider is entitled to charge a processing fee for the change of date, provided the amount is notified in advance.
(3) The customer’s right of withdrawal under § 10 remains unaffected.
§ 7 Cancellation of the event / Evacuation of the climbing forest
(1) The provider reserves the right at any time to have the climbing forest evacuated for safety reasons (e.g. fire, storm, thunderstorm, technical faults) or to restrict access to certain courses.
(2) If a climbing tour that has already begun must be cancelled due to unforeseeable events – in particular force majeure – the customer is not entitled to claim compensation for the cancellation.
(3) If the provider is responsible for the cancellation of a climbing tour or the evacuation of the climbing forest, they shall, at their discretion, refund the ticket price to the customer or offer an alternative date.
(4) If the tour is cancelled at the participant’s own request, no refund will be given and there is no entitlement to an alternative date.
§ 8 Liability of the Provider
(1) Claims for damages by customers and participants are excluded. Excluded from this are claims for damages by customers and participants arising from injury to life, limb or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the claim for damages by the customer or participant arises from injury to life, limb or health.
(3) The Provider accepts no liability for lost or damaged valuables, in particular for smartphones, cameras, bags, rucksacks, jackets and any valuables contained therein, which are left by the participant in the climbing forest.
(4) In the event of breaches or violations of the instructors’ instructions, the provider accepts no liability for any resulting damage.
(5) The limitations set out in paragraphs 1 to 4 also apply in favour of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
§ 9 Liability of customers and participants
(1) If the customer or participant damages the provider’s equipment or if such equipment is lost through the fault of the customer or a participant, the latter shall be liable for the repair or replacement costs.
(2) If the participant injures other persons or damages their property through their conduct, they shall be liable to them personally. The participant must, where necessary, take out personal liability insurance to cover themselves against claims by third parties.
§ 10 Right of withdrawal
(1) Consumers generally have a statutory right of withdrawal when concluding a distance contract, about which the provider provides information below in accordance with the statutory model. Exceptions to the right of withdrawal are set out in paragraph (2). A model withdrawal form is provided in paragraph (3).
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, telephone call or email). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
(2) The right of withdrawal expires prematurely in the case of a contract for the provision of services if the trader has fully performed the service and only commenced performance of the service after the consumer has given their express consent and, at the same time, confirmed their awareness that they lose their right of withdrawal upon full performance of the contract by the trader. In the case of a contract concluded outside business premises, the consumer’s consent must be provided on a durable medium.
(3) In accordance with the statutory provisions, the supplier provides the following information regarding the model withdrawal form:
Model withdrawal form
(If you wish to withdraw from the contract, please complete this
form and return it.)
— To:
Kletterwald Plochingen GmbH
Stumpenhof 104/1
73207 Plochingen
Or by email: info@kletterwald-plochingen.de
— I/we (*) hereby withdraw from the contract concluded by
me/us (*) for the provision of the following services (*)/
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for written notifications)
— Date
(*) Please delete as appropriate
The withdrawal may also be made by telephone:
Telephone: +49 (0)152 341 689 48
(*) Please delete as appropriate
§ 11 Photographs and video recordings
The provider reserves the right to take photographs, film and webcam footage throughout the premises for advertising and information purposes and to use these both in print and online. Should a participant not agree to this, they must expressly state so. In this case, the participant will be identified by a helmet of a different colour.
§ 12 Data Protection
The customer consents to the storage of personal data within the scope of the business relationship with the provider, in compliance with data protection laws. Data will not be passed on to third parties unless this is necessary for the performance of the contract. Reference is made to the privacy policy, which can be viewed on the provider’s website.
§ 13 Dispute Resolution
(1) The EU platform for online dispute resolution is available at the following internet address:
ec.europa.eu/consumers/odr/
(2) In Germany, the following dispute resolution body is responsible:
General Consumer Arbitration Board of the Centre for Arbitration e.V.
Straßburger Straße 8
77694 Kehl am Rhein
(§) The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Final Provisions / Severability Clause
(1) Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the restriction of the choice of law and the applicability of mandatory provisions, in particular those of the country in which the Customer, as a consumer, has their habitual residence, remain unaffected.
(2) If the Customer is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Provider and the Customer shall be the Provider’s registered office.
(3) The contract shall remain binding in its remaining parts even if individual provisions are legally invalid. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.
Date: 30 March 2018
Tour