General Terms and Conditions
Please read through the following information carefully. By using this website and in concluding an event with ALPENSTIEG, you acknowledge the applicable General Terms and Conditions (T&Cs). These augment the legal regulations of sections 651a-m BGB (German Civil Code) and complete them.
1. Object and validity
1.1 The following General Terms and Conditions are based on all of the contracts that ALPENSTIEG has concluded with principals (clients) for event training consultation.
1.2 All contracts are also based on the following General Terms and Conditions that have as the object our order or purchase of services and goods in other companies or other principals (suppliers).
1.3 Deviations or additions by the client or suppliers with regard to the General Terms and Conditions are only effective with our express written consent.
2. Conclusion of the contract
2.1 The contract comes into being when both parties have signed the order or the order has been confirmed in writing.
2.2 Equally, the contract comes into being, if the principal makes a payment, which the contractor accepts as such.
2.3 Subsequent changes to the contents of the contract are only binding if they are agreed in writing or if they have been confirmed in writing within 10 days in the case of an exceptional verbal agreement.
3. Consultation, development work, presentations
3.1 An appropriate fee, in addition to expenses, is invoiced for consultancy work, as well as conceptual work and its presentation, unless otherwise agreed.
3.2 Programme recommendations and concepts remain our intellectual property. They may not be forwarded to third parties or extracts thereof used without our written consent.
4.1 Orders placed by the client include the authority to conclude contracts in the scope usual to the industry with third parties by ALPENSTIEG. The third-party costs occurring are invoiced separately.
4.2 Journeys that occur to implement the contract are invoiced at EUR 0.50 EUR per kilometre travelled, unless otherwise agreed.
5. Right of withdrawal by ALPENSTIEG
5.1 If a guarantee for payment of the fee is lacking, ALPENSTIEG is entitled to withdraw from the contract.
5.2 The same applies to a lack of cooperation from the client that is necessary for the contract to be fulfilled successfully.
5.3 In these cases, payments already made or fees already paid are obviously reimbursed immediately, less cancellation fees, if applicable. Claims extending beyond this, in particular claims for damages, do not arise for the client.
6. Registration cancellation
6.1 The principal can announce its withdrawal from the contract up until the day of the event; this announcement must be made in writing, in every instance.
6.2 In the case of withdrawal by the principal, ALPENSTIEG can charge fixed withdrawal costs:
- Up to 4 weeks before the date of the event: 10% of the agreed fee, but a minimum of EUR 150.00 plus VAT.
- 4 weeks to 14 calendar days before the date of the event: 25% of the agreed fee
- 13 to 7 calendar days before the date of the event: 50% of the agreed fee
- 6 to 1 calendar days before the date of the event: 80% of the agreed fee
In the case of non-appearance without timely refusal, we charge the full fee, as well as all costs actually incurred.
6.3 The cancellation costs of commissioned service providers are charged to the principal in the amount they actually occur.
7. Payment terms
7.1 Our invoices for services rendered are payable immediately on receipt.
7.2 After receipt of the order confirmation, 10% of the interim total amount is due for immediate payment. A further 50% of the interim total amount must be paid into our account by the date of the event. The exact calculation is made after the event.
7.3 The payment terms for service providers apply to third-party services.
7.4 No discount is given.
7.5 The invoice amount is transferred to the account given on the invoice
7.6 In the event of untimely payment, ALPENSTIEG is entitled to demand interest on arrears in the amount of 5% p.a.
7.7 It is permissible to withhold payment only in the case of legally valid established claims.
8.1 We guarantee to carry out the contract given to us in accordance with its terms.
8.2 A guarantee that the event will be successful and/or enjoyable is excluded.
9. Force majeure and bad weather
9.1 If an event cannot take place as planned due to force majeure, ALPENSTIEG tries to organise an alternative programme of equal value, in consultation with the principal. Moreover, section 651j BGB (German Civil Code) applies.
9.2 Bad weather does not equate to force majeure. As long as the weather allows the programme to be carried out safely, the programme takes place. We reserve the right to change or adapt the programme due to weather. A refusal by the principal due to weather does not diminish ALPENSTIEG's reimbursement claim. Point 6 "Registration cancellation" applies.
10. Event organiser's liability
10.1 With the due care and diligence of a prudent businessman, we are liable for:
- conscientious event preparation and execution;
- the careful selection and monitoring of service providers;
- the accuracy of the service descriptions according to the offer, as long as we have not declared a change before conclusion of the contract;
- the proper provision of contractually agreed services.
10.2 We are liable for a fault committed by persons entrusted with service provision.
10.3. If, as part of an event or in addition to it, a carriage on scheduled air transport is provided and a relevant carriage certificate is issued to you for it, we provide third-party services, provided that these were expressly pointed out to you in the offer and the confirmation. We are therefore not liable for the provision itself. In this event, any liability is regulated in accordance with the carriage terms of these undertakings, which were expressly pointed out to you, and were made accessible to you on request.
10.4 Participation in events of ours that are associated with special risks (climbing, via ferratas, sledging, biathlon etc.), is at your own risk. We are liable only in the case of intention or gross negligence.
11. Liability limitations
11.1 Our contractual liability is limited
- insofar as you have suffered an injury that was neither intentional nor caused by gross negligence, or
- insofar as we are responsible for your suffering an injury solely caused by a fault committed by a service provider.
11.2 We are not liable for disruption to services in connection with services solely provided as third-party services and identified in the offer and confirmation as third-party services.
11.3 ALPENSTIEG is not liable for disruption to services, personal injury or material damage in connection with third-party services, which were only mediated (e.g. applications, events etc.) and these services are clearly identified in the description.
11.4 ALPENSTIEG is not liable for the loss, destruction or damage to travel documents in connection with their despatch.
11.5 If international treaties apply to a travel service to be provided by a service provider, or can arise or be made valid based on such legal regulations, according to which a claim for damages only under certain conditions or limitations or is concluded under certain conditions, ALPENSTIEG can appeal to them.
12. Limitation period and statute of limitation
12.1 The principal must make claims arising from ALPENSTIEG 's non-provision of the event in accordance with the contract within one month of the contractually planned ending of the service mediated by ALPENSTIEG. In the client's own interests, the claim must be made in writing. Once this period has passed, the client can raise claims only if it has been prevented from its observance through no fault of its own. Damage to luggage, delivery delays or loss of luggage in connection with flights must, though, be reported, in accordance with clause 11.4.
12.2 The contractual claims of the client arising from deficiencies in the event come under the statute of limitations in one year. The limitation period begins on the day the event should end, according to the contract. The limitation period is suspended in claims proceedings until the client or ALPENSTIEG refuses the continuation of proceedings. The limitation period comes into play 3 months after the end of the suspension at the earliest.
12.3 Claims arising from unlawful activities are subject to the legal three-year statute of limitation.
13. Passport, visa and healthcare conditions
13.1 With events that take place abroad, ALPENSTIEG informs clients, who are members of the European Union, of passport, visa and healthcare conditions before conclusion of the contract, and of any possible changes before the start of the event. People who belong to other states are given information by the relevant consulate. With regard to information, ALPENSTIEG assumes that there are no special considerations to be taken into account in the person of the client and any fellow travellers, such as dual-national status or statelessness.
13.2 Even if you have commissioned ALPENSTIEG with obtaining the visa, ALPENSTIEG is not liable for timely delivery and access to the necessary visa by the particular diplomatic representative, unless ALPENSTIEG is responsible for the delay.
13.3 The client is itself responsible for observing all of the regulations required to carry out the journey, such as carrying the necessary travel documents, customs, currency and other entry or transit requirements. All damages, in particular the payment of withdrawal costs, that arise from non-compliance with this regulation, are borne by the client, unless the incident of damage is conditional on gross negligence or wilful misinformation or lack of information by ALPENSTIEG.
14. Data protection
14.1 The collection and processing of all personal data is carried out in accordance with German statutory data regulations. Only such personal data is collected and shared with partners as is necessary for your journey. These partners and our staff are obligated by ALPENSTIEG to maintain data secrecy.
14.2 Moreover, we would like to write to you in future about current offers, insofar as we are aware that this is not against your wishes. If you do not wish to receive information, please write to the ALPENSTIEG address given below, using the keyword "Data protection".
15. Final provisions
15.1 Should an individual provision or several provisions of the contract be or become unenforceable, this does not affect the validity of the rest of the contract. The unenforceable provision must be replaced by the parties with an enforceable provision that corresponds to the commercial intention and purpose of the contract.
15.2 Verbal agreements supplementary to this contract are not made. Changes and variations to the contract require the written form.
15.3 This agreement and the entire legal relationship between the parties is subject to the law of the Federal Republic of Germany.
15.4 The exclusive court of jurisdiction for all disputes, which are directly or indirectly connected with this contract, is - so far as is permissible - Friedberg District Court (Hessen) or Gießen Regional Court, regardless of which party raises the dispute.
Managing Director Stefanie Fink
Kiefernweg 6, 61231 Bad Nauheim