Manfred Platz, Radlguide
Registration of offer and conclusion of contract
The contracting party, hereinafter referred to as client, offers a binding conclusion of a contract by registering orally, in writing or electronically. The client applying for a reservation also represents all of the other members of his group of participants listed in the registration. The client will vouch for them as well as for his himself. The client bindingly accepts the general terms and conditions – also in the name and on behalf of all additional participants listed.
The contract is concluded if the registration is confirmed by Manfred Platz, Radlguide, hereinafter referred to as organizer, via email, fax or orally.
Price
The client will find the agreed price on the written confirmation of the registration. Discounts cannot be accumulated. The client will be informed of group discounts upon request.
Payment
The client will immediately pay the organizer at the end of an event in cash without any deduction against a receipt, if possible the exact sum. By previous arrangement, the payment can be made per bank transfer after invoicing.
Services and service changes
The extent of the services can be found in the specification of services or in the confirmation by the organizer.
Special requests on the part of the client or additional agreements are only part of the contract if the organizer confirms them unconditionally and in writing.
The sights and locations given in the description are the spots mainly shown spots on occasion of an event. However, the organizer must expect the client's consent when switching to different locations in the surroundings nearby. Deviations from the described procedure are possible for organizational reasons, but do not affect the type and content of an event and do not entitle the client to withhold the contract amount or to withdraw a part of it.
If the organizer is responsible for the lapse of a service, he can replace it by a comparable service. The organizer is obliged to inform the client of the change. He will offer the client a change of reservation or a cancellation without charge.
Change of reservation
If the client changes the contract after reservation, for example the date or the extent of service, the organizer can claim a compensation for the resulting additional costs. The organizer can calculate them concretely or demand a flat-rate compensation according to choice. The flat-rate compensation amounts to
10 € till the 15th day before the event and
20% of the total price from 14 days until the event.
The organizer will waive the claim for compensation without charge if the change does not cause additional costs.
Withdrawal by the client
The client can withdraw from the contract at any time. The withdrawal must be explained to the organizer in writing at the address given at the end of the contract terms and becomes effective on the date on which the organizer receives it.
If the client withdraws from the contract or does not appear for the event, the organizer can demand a reasonable compensation for the arrangements made before the withdrawal and the expenses incurred depending on the respective price, provided he does not answer for the withdrawal or a case of force majeure is not at hand.
The organizer has devised a sliding percent scale for reimbursements, based on the proximity of the withdrawal to the contractually defined beginning of the event and calculated in relation to its total cost. The payable compensation shall be calculated by the time of the cancellation as follows:
30 % cancellation fee upon acceptance of the offer
50 % cancellation fee 14 days before the event
100% cancellation fee 7 days before the event or non-commencement
Withdrawal fees are due immediately.
Every registered participant can name someone else if he informs the organizer (via email or regular letter). There will not be any additional costs. The organizer can disagree with the participation of the named person for important reasons. In this case the above-mentioned cancellation conditions apply.
Reasons for withdrawal by organizer
The organizer can withdraw from the contract,
if the minimal number of participants cannot be reached until the date mentioned in the description of the event,
if the client or a participant of the client's group does not meet the requirements of the event because of having overestimated his personal capabilities,
or if the client or a participant of the client's group does not observe the agreed conditions of the contract.
Withdrawal by the organizer due to a non-achievement of the minimal number of participants
The organizer can withdraw from the contract due to a non-achievement of the minimal number of participants in accordance with the following provisions:
The organizer had agreed the minimal number of participants and the last date of the organizer's option for a withdrawal with the client, or – in open offers – it has been alternatively mentioned in the concrete description of the event or in general rules for all events or defined types of events, or in a general hint or general description of services.
The organizer must mention the minimum of participants and the latest date of his option for withdrawal in the booking confirmation or he must refer to the according papers or handouts.
The organizer is obliged to immediately announce the cancellation of the event to the participants or the client, if it is certain that the event will not be carried out.
The participant can demand to take part in an at least adequate event if the organizer can offer such an event without an additional charge for the participant. The participant has to declare his claim immediately after the cancellation by the organizer.
If the event will not be carried out due to non-achievement of the minimum number of participants, the participants will get advanced payments back at once.
If there are different agreements between the organizer and the client about the non-achievement of the minimum number of participants, they remain unaffected.
Liability and limitation of liability
The organizer is liable for the precise preparation of the event under the duty of care.
The participation in events is at one's own risk. Minors may participate only in the company of a legal guardian.
The participants are responsible for meeting the physical requirements for the event.
Observance of the traffic rules are the participant's own responsibility.
If an event cannot be carried out due for reasons which cannot be influenced by the organizer (power blackout, accident, strike, natural disaster or the like), the organizer reserves the right to withdraw from the contract before or during the event. If the event has been carried out more than the half of the entire duration agreed, the client has to compensate for the costs.
The organizer is not liable for services which are conveyed as a service of a third party and are marked explicitly as external service.
The organizer is not liable for any theft.
Obligation to cooperate
In the event of an interruption of the service, the participants are obliged to co-operate within the framework of statutory regulations to avoid damage or to keep unavoidable damage to its minimum as well as to take appropriate measures to counteract the occurrence of losses. The participants are obliged to immediately report any damage to the organizer.
Ineffectiveness of individual conditions
The ineffectiveness of individual conditions of this contract or its constituents does not interfere with the effectiveness of the remaining regulations.
Place of performance and court of jurisdiction
Place of performance and court of jurisdiction is Munich.
Manfred Platz, Radlguide, Utzschneiderstr.10, 80469 München, Deutschland
Phone: +49 (0)89 66 066 739
Email: manfred.platz@radlguide.de
VAT ID, pursuant to Section 27a Sales Tax Act: DE 278775514