GENERAL TERMS AND CONDITIONS
General terms and conditions of DOCK5 GmbH for the use of the wakeboard and water ski facilities, as well as the area at the Düren bathing lake, Am Badesee 5, 52349 Düren.
§ 1 scope
The following general terms and conditions apply to all contractual relationships in the context of the use of the DOCK5 wakeboard and water ski facilities between DOCK5 GmbH (hereinafter referred to as operator) and the contractual partner (hereinafter referred to as the customer). Deviating customer regulations are expressly contradicted by the operator. All subsidiary agreements require the written confirmation of the operator. The operator is entitled at any time to change or supplement these general terms and conditions, including all possible attachments, with a reasonable period of notice. Orders received before will be processed according to the old terms and conditions that are still valid. The general terms and conditions apply to group events for each individual customer.
§ 2 registration and conclusion of contract
- With his written or oral registration, the customer offers to conclude a contract. This registration applies to group bookings for each individual member of the group and the claims arising from the booking. By registering, the customer accepts the general terms and conditions of the operator. The booking becomes binding as soon as the operator confirms the ordered service in writing, by fax, by email or verbally (booking/reservation confirmation). In the case of group bookings, the contract is concluded with each named member of the group.
- The customer is obliged to immediately check the confirmation received for compliance with the information provided by him during the order. The customer must immediately notify the operator of any deviations. If the customer has not received confirmation 7 days after ordering or 3 days before the date for the implementation of the course/experience, he is obliged to contact the operator immediately.
§ 3 Use of the DOCK5 cable cars, other facilities and liability of the customer
- The operator’s safety regulations are binding for all customers (see also information boards). The use of cable cars including all features (kickers, sliders, obstacles, etc.) and participation in events is at the customer’s own risk and responsibility. This applies accordingly to the use of all systems.
- Outdoor events inevitably involve certain risks. By purchasing a ticket or making a binding booking, the customer or the organizer declares that he is aware of the risks and dangers associated with water sports and other activities. Explicit information and clarification by the operator is not necessary for this.
- Every customer assures that he is healthy, masters swimming, and has the necessary physical prerequisites. In particular, the customer assures that he is free from cardiac and circulatory problems, serious orthopedic problems and illnesses, or other health impairments that do not permit physical activity or affect swimming ability.
- Personal responsibility, prudence, and realistic self-assessment are required of every customer. In particular, the customer is obliged to observe the safety regulations and rules primarily posted at the cash register and the additional lifts posted on the lifts and to adhere to the requirements of the operating personnel. In the event of violations, the tickets/tickets are withdrawn or, in extreme cases, the system is expelled. The cards/bookings lose their validity. No claims can be made to the operator in this regard.
- The recommended minimum age for use is 10 years. For all minor customers, the use of the express written consent of a legal representative is required. The legal representative guarantees that the minor customer has the necessary health and physical prerequisites. The legal representative is liable for the minor’s fault according to the legal provisions, in particular for damage to persons, the system, and the equipment, which arise from the misconduct of the minor customer.
- If a customer acts as the organizer of a group event, he must explicitly point out each of the customers in his group to the general terms and conditions of the operator. In particular, the customer, as the representative of the members of the group, ensures that the respective members of the group meet the necessary health and physical requirements.
- Due to the high risk of injury, the features may only be used with a life jacket, impact protection vest, and helmet.
- In the event of a temporary or permanent standstill of the lifts, the driver must immediately remove himself from the rope.
- Driving on the features and ramps is only permitted if the customer uses so-called “grind wakeboards” or his own equipment. The use with other wakeboards as well as water skis and kneeboards is strictly prohibited and leads to the withdrawal of the ticket.
- Damage to the system and the rental material will be charged to the customer in full unless the customer can prove that he is not responsible for this. Complaints and defects must be reported to the operator immediately.
§ 4 liability of the operator
- The liability of the operator for contractual breaches of duty and tort is limited to intent and gross negligence. Liability in the event of a violation of cardinal obligations is limited to the regularly foreseeable damage.
- Liability for damages in the event of a breach of essential obligations in the event of slight negligence and the applicability of travel contract law is limited to three times the price of the experience and typical and foreseeable damage; liability for damages is excluded in the event of a violation of secondary obligations.
- All claims for compensation expire one year after they arise. This does not apply to tort claims.
- The above limitations of liability do not apply to claims arising from the Product Liability Act or any other statutory guarantee liability. The same applies if death or physical injury or damage to health has occurred as a consequence.
- Insofar as the operator’s liability is excluded or limited, this also applies to the personal liability of the employees, legal representatives, and vicarious agents of the operator.
- No liability is accepted for valuables and equipment such as customer material that is deposited, stored, or stored by the operator. A legal relationship does not come about through deposit, storage, or storage. Liability is also excluded for items belonging to the customer that he brings to the operator’s premises.
§ 5 services, changes in services, prices
- The scope of the service results both from the clearly visible in the checkout area or at www.dock5.eu viewable service description or the current price list of the operator and from the content of the booking / reservation confirmation.
- Subsidiary agreements that extend the scope of services are only binding upon written confirmation by the operator. The omission of individual parts of the service does not entitle the customer to a price reduction, provided that there are reasons for which the operator or his vicarious agents are not responsible, insofar as the operator is not legally liable or something else has been agreed.
- Any refund or cancellation of the booking made is excluded. This applies in particular also in the event of permanent or temporary impairment of the customer’s sporting ability due to illness or injury. The naming of substitute customers is fundamentally possible, provided that the substitute customer also fulfills the necessary participation requirements.
- If the operator is unable to provide the service, especially if the agreed service is no longer guaranteed (weather conditions, unpredictable defects, etc.), he has the right to provide these services by providing equivalent services to another person to replace the appointment agreed with the customer. The customer is obliged to give the operator a timely appointment, which must not be later than three weeks after the canceled appointment.
- Changes and deviations from the agreed content of the contract, which become organizationally necessary after the conclusion of the contract, are permitted. The operator is entitled to change the event location, the execution date, and the time (start and end of the course/experience) retrospectively if this is necessary for reasons that arise after the conclusion of the contract and are absolutely relevant for the implementation. The customer will be informed of such changes in good time.
- All prices are final prices in EURO.
§ 6 speed in public operations
The operator determines the speed of the water ski cableway in public operation at his own discretion and while maintaining operational safety. Customers do not have any claims for an operating speed other than that specified by the operator.
§ 7 bookings & amp; Tickets
Railway rentals and all other types of booking apply from the time of the booking. There is no replacement for the loss of the booking/tickets. All bookings/tickets are only valid for the booking day and the booking period of the reservation during normal opening hours. Changes or reductions due to insufficient or overcrowding or for weather reasons are excluded for all types of benefits. The tickets only entitle you to use the system that has been released for public use. When purchasing discounted youth cards, an identity card must be presented upon payment. The operator is also entitled to invalidate cards or services if the operator’s staff has the impression that the customer’s customer is under the influence of alcohol or other intoxicating substances or drugs. p >
§ 8 rental material
The rental equipment must be handled carefully. Suits, water skis, or wakeboards are available for a fee ( see price list ). In the event of damage or loss, the cost of the repair or replacement must be paid by the customer. Rental material is only issued upon deposit of the identity card or other suitable pawns in agreement with the staff.
§ 9 lift reservations and operator reservations
The full rental price is due even if the rental period has not been used ( see price list a > ).
§ 10 ticket purchase and payment
- The tickets for using the DOCK5 wakeboard and water ski system can be purchased directly at the Düren bathing lake at the DOCK5 cash register. They then only apply on the same day.
- The online processing of the sale of tickets for the wakeboard and water ski system offered by the operator on the Internet takes place via a booking system: www .DOCK5.eu
- The resale or transfer of tickets is only permitted with the express consent of the operator. The abuse leads to a notification.
- When receiving the invoice for the tickets offered by DOCK5 to non-EU countries, there are no customs, taxes, or fees.
- Since the tickets are offered in the area of leisure events, there is no so-called distance contract in the sense of § 312 b BGB in accordance with § 312 b (3) no. This means that the statutory two-week right of withdrawal and return of the customer for so-called distance contracts is excluded by a legal exception. Every order for tickets is therefore binding immediately after confirmation by DOCK5 GmbH and requires acceptance and immediate payment of the ordered tickets.
- An exchange of tickets is excluded.
- The operator carries out the collection of credit card payments and direct debit orders from end customers on behalf of PayPal. The credit card charge is made at the moment of the ticket purchase. With direct debit, the direct debit takes place at the moment of the tickets ordered by the customer.
- The online ticket buyer is in arrears with direct debits that have not been carried out by his bank or credit card payments that have not been made or debited back. In this case, the operator charges a reminder fee of € 5.00 from the second reminder letter. Reminder letters can also be sent via email. The return debit fees for direct debits that are not carried out arise directly for the operator and are enforced against the customer in the amount actually incurred.
§ 11 place of performance and jurisdiction
Place of jurisdiction is the seat of the operator and the sole place of performance for delivery, performance and payment is Düren, provided the customer is an entrepreneur i.S.v. § 14 BGB. The law of the Federal Republic of Germany applies exclusively.
§ 12 subsidiary agreements, severability clause and data protection
- This contract reflects the agreements made in full. No verbal or other side agreements have been made.
- Changes and additions to this contract must be in writing to be effective. This also applies to the modification of the written form requirement itself. The priority of individual contractual agreements remains unaffected.
- Should individual provisions of this contract be or become wholly or partly ineffective or unenforceable, or should there be a gap in this contract so that the validity of the remaining provisions of the contract do not affect this. Instead of the ineffective or unenforceable provision, the effective or feasible provision is deemed to be agreed which corresponds to the meaning and purpose of the ineffective or unenforceable provision. In the event of a loophole, that provision is deemed to be agreed that corresponds to what would have been agreed according to the purpose of this contract, if the matter had been considered from the outset. This also applies if the ineffectiveness of a provision is based on a measure of performance or time standardized in this contract; In such cases, the legally permissible measure of performance or time that comes as close as possible takes the place of what was agreed.
- The data made available to the operator will be processed, stored and passed on in a computerized manner within the scope of the purpose of the contract. Personal data are protected in accordance with the BDSG. The customer agrees that the data provided by him will continue to be used by the operator for customer care. Customers are provided with film and photo material as well as event documents for private use only. Commercial use or reproduction is prohibited and can only be done with the written consent of the operator.
Version: Düren, August 2018