The small print
REGISTRATION
AND ADVANCE PAYMENT:
The
registration becomes effective when the signed registration form is received by
the organizer, hereinafter also called MS. At the same time an advance payment to the amount of EURO 150 is to be
transferred. An entitlement to participate does
not arise until the money has been received. The participant subsequently receives a confirmation of registration,
directions as well as tips on preparing for surfing and on holiday equipment. The remaining amount is to be paid to our
account at the latest four weeks before the course begins. If the time available for registration amounts
to less than four weeks, the full amount is to be paid with registration. The complete documents will be delivered
immediately. All money transfers must state the
name of the participant and the relevant camp number.
TERMS OF
PARTICIPATION / LEGAL OBLIGATION OF SUPERVISION
The
participant expressly declares that there are no medical objections to his/her
participating in surfing.
The organizer does not
assume any legal obligation to supervise minor participants, with the exception
of his existing statutory duty to maintain safety.
LIABILITY
Participation
in the course, the journey to the course, the utilization of the services named
as well as the stay lie in the participant's own responsibility. The organizer is not liable for dangers
inevitably linked with surfing and that are knowingly accepted by the
participant, nor for such damage or injury caused to the participant during
surfing though the fault of other course participants or third parties. Any liability for loss and damage to the
property of the participant on the part of the organizer is excluded. The equipment is to be handled properly. In the case of grossly negligent damage and
loss the participant is liable for the resultant damage.
LIMITATION
OF LIABILITY:
The
contractual liability of the organizer for damage is limited to threefold of
the course price, in as far as damage to the participant was caused neither
with intent nor grossly negligently. MS is insured
against liability in accordance with German law.
CANCELLATION
AND RESCISSION BY MS:
In the
following cases the organizer can rescind the contract before commencement of
the course or cancel the contract after the event has started: Without a time limit: If the participant lastingly disturbs the
realization of the course despite having received a warning from MS or if the
participant behaves in such a degree contrary to the contract that immediate
cancelation of the contract is justified. If the organizer cancels the contract, he remains entitled to the course
price.
CANCELLATION
/ RESCISSION BY THE PARTICIPANT:
The
participant can withdraw from the course at any time by means of a written
declaration. The arrival of the declaration of
withdrawal at MS is decisive. If the
participant rescinds the contract or does not start the journey, MS can demand
reimbursement of expenses from the full amount in accordance with the following
flat rate cancellation fee per registered participant: Up to 28 days before the course beginning 10%, up to 14 days before the
course beginning 30%, up to 7 days before the course beginning 60%, up to 3
days before the course beginning 90%, afterwards and in case of no show 100%. The organizer retains entitlement to the course
price also for the case of responsible bodily harm of the participant
occurring.
ALTERNATIVE
PARTICIPATION / REBOOKING:
Until the
course begins the participant can demand that a third party take over the
rights and duties from the course contract in his/her stead. In this case an amount of EURO 15 for changing
the course documents is to be paid by the participant per rebooking to a third
party. The organizer can reject the taking
over by the third party if the person does not fulfil the special course
requirements or if statutory regulations contradict his/her participation. If a third party takes over the contract, the
third party and the original participant are liable towards the organizer as
joint debtors for the course price and the additional costs caused by the third
party taking over. If rebooking is carried out at the
wish of the participant, a fee of EURO 15 per participant is to be paid.
INSURANCES
Travel
cancellation insurance is not included in the price. It is advisable to conclude one. In addition, the conclusion of an insurance package is advisable.
MINIMUM
NUMBER OF PARTICIPANTS:
There is no minimum number of participants.
CHANGE IN
THE COURSE OF THE EVENT:
Changes in
the course of the event cannot be excluded. The course program can be changed and an alternative program offered in
particular in the case of dangers resulting from the weather.
WARRANTY
The
participant declares his/her agreement that the organizer can render a service
free of faults or amend the faulty service within an appropriate period in lieu
of the participant's entitlement to redhibitory action or price reduction.Redress can be effected in the manner that the
fault is eliminated or that an equivalent or higher-quality service to which
the participant also expressly agrees is rendered. Notice of fault is to be given on site to the local tour representative. MS can refuse redress if it requires an
unreasonable effort or costs. In case of
defaults in performance occurring, the participant is obliged to cooperate
within the framework of the legal requirements to avoid any damage or reduce
it. The participant is obliged in
particular to inform the local tour representative immediately of his/her
complaint. The representative is authorized to
redress in as far as this is possible.
EXCLUSION
OF CLAIMS / LIMITATION PERIOD
Claims
based on faulty course performances, subsequent impossibility and due to breach
of secondary obligations have to be asserted against the organizer within one
month after the contractual termination of the course. After the deadline has expired, claims can only be asserted if the
participant was not able to observe the specified deadline through no fault of
his/her own. The participant's claims are limited
to a period of one year after the contractually specified end of course.
SEVERABILITY
CLAUSE:
If any
individual clause or clauses is/are null and void, the validity of the course
contract or the remaining clauses of this document ("The small
print") remains unaffected.
PLACE OF
JURISDICTION:
Place of
jurisdiction is Cologne.

