Allgemeine Geschäftsbedingungen

The Terms and Conditions (TAC), by dint of their use and with the full knowledge of the customer, constitute a component of all contractual agreements entered into between ADVENTURE RAURIS and the customer.

Terms or conditions originating from the customer and varying from our TAC, will only become a component of the contract if the customer objects in writing to use of the TAC of ADVENTURE RAURIS, draws ADVENTURE RAURIS’ attention to his own TAC, and ADVENTURE RAURIS expressly accepts the customer’s TAC.

For those trips which are either offered by ADVENTURE RAURIS, or for which ADVENTURE RAURIS acts as an agent, separate Conditions of Travel will apply, to which explicit reference will be drawn.

 

1. Conclusion of the Contract and Changes in Services

Contracts between ADVENTURE RAURIS and the customer only take effect upon expressed acceptance by ADVENTURE RAURIS.

The extent of contracted services and obligations has its basis solely in the description of services provided by ADVENTURE RAURIS and / or any other information provided in the contract confirmation.

Changes or discrepancies of individual contracted services from the agreed-upon content of the contract, which become necessary subsequent to conclusion of the contract and which ADVENTURE RAURIS effectuated in good faith, are permitted, in so far as the change or discrepancy is not materially significant and the overall nature of the stipulated contractual service is not prejudiced. ADVENTURE RAURIS hereby obliges itself to make the customer aware without delay of any changes or discrepancies in service.

Even though our contractual services may be rendered to a third party, contractual obligations only pertain towards our customer.

 

2. Payment Due-Dates

The customer’s payment obligation becomes due immediately upon transmission of the invoice. ADVENTURE RAURIS is entitled to demand the following prepayments, these being immediately due upon demand for payment:

Upon conclusion of contract, full costs are to be remitted as per billing.

 

3. Cancellation by the Customer

Should the customer withdraw from the contract, the following cancellation rates are stipulated:

? to 90 days prior to commencement of services: 20%

? to 60 days prior to commencement of services: 25%

? to 30 days prior to commencement of services: 40%

? to 15 days prior to commencement of services: 50%

? afterwards or in the event of no-show: 80%

Commencement of service applies to the beginning of events, the start of trips, as well as, in general terms, to the day on which ADVENTURE RAURIS has contractually obligated itself to provide the service.

Cancellation must always be in writing. For billing purposes, the length of notice given will be calculated based on the day the cancellation notice is received.

Rates for cancellation redress are calculated to reflect usual cost savings, and include a flat rate of 20% for loss of earnings. Proof of greater or lesser detriment is the responsibility of the respective contracting party.

4. Liability

ADVENTURE RAURIS’ compensation liability towards the customer, with respect to claims of either precontractual or contractual nature, is limited to a total amounting to three times the contracted price, in so far as damages are caused by ADVENTURE RAURIS due to either premeditation or gross negligence.

Furthermore, liability for slight negligence, in so far as this is legally allowable, is excluded. It is stipulated between ADVENTURE RAURIS and the customer that the latter avails himself of services provided by ADVENTURE RAURIS solely at his own risk.

In the event that a business, association, club or institution places a group booking with ADVENTURE RAURIS and conveys the booked slots to third parties, the following condition will apply:

The business, association, club or institution obligates itself to also enter into a contractual agreement with individual event participants, this to include the liability disclaimer and TAC of ADVENTURE RAURIS.

Should this fail to be done, the business, association, club or institution obligates itself to indemnify ADVENTURE RAURIS from all compensation claims on the part of participants. Indemnification will be to the same extent that it would be, if their liability were subject to the TAC of ADVENTURE RAURIS itself.

Liability restrictions of our service providers also pertain in our favor.

IATA regulations, the Warsaw Convention, the Guadalajara Convention, as well as the Conditions of Carriage of the air-transportation company in question, will apply, in this self-same order, with regards to our liability in any instance of cross-border air transportation.

Curtailment or cancellation of our services due to force majeure, should the event venue become unreachable, due to the effects of inclement weather, no-fault cancellation on the part of service providers, or the like, in no way prejudices our contractual right to compensation. This also includes the situation, in which an event cannot be held as originally planned due to ecological or other reasons related to nature conservancy. In particular, this includes road closures due to rockslides, river closures due to low water and other instances in which terrain is impassable.

In so far as our expenses are increased or reduced by any instance of force majeure, our right to compensation from our customer will be increased or reduced correspondingly.

 

5. Rescission of Contract by ADVENTURE RAURIS

Up to 8 days prior to the contract’s starting date, ADVENTURE RAURIS can rescind the contract, if the minimum number of participants, which may potentially have been stipulated in the description of services, has not been reached, or if ADVENTURE RAURIS finds it impossible to fulfil the contract, or if fulfilment of the contract would only be possible for ADVENTURE RAURIS by incurring expenses which are disproportionately high.

Should ADVENTURE RAURIS rescind the contract, it must do so in writing. The length of notice given will be calculated based on the day the cancellation notice is sent.

ADVENTURE RAURIS also reserves the right, with regards to those events which require particular aptitudes of a physical or other nature on the part of the customer, to rescind the contract even during the duration thereof, in so far as it proves impossible to go through with said contact due to the aforementioned reasons, and in so far as the rescinding of said contract is in the clearly-understood best interest of the customer or of other customers.

If, through our denial of contracted services, special services become necessary, it is incumbent upon the customer to compensate us for any additional charges incurred, in addition to any potential loss of earnings on our part.

Our events are all held in accordance with, and within the limitations imposed by nature conservancy and landscape access laws. Should, during the course of any event, restrictions to the planned schedule prove necessary, ADVENTURE RAURIS is entitled to change or to substitute services of equal value in their place within the framework of the law.

The customer is not permitted to bring a counterclaim, in so far as this does not constitute an instance of undisputed counterclaim or a counterclaims with clear legal force.

In so far as the customer may seek a reduction of the contracted price for which he is obligated due to purported defective performance on the part of ADVENTURE RAURIS, this must be reported without delay, including reasons, to ADVENTURE RAURIS.

ADVENTURE RAURIS is hereby indemnified by the customer from any potential usage charges as may be incurred for services of any kind (e.g. GEMA fees).

 

6. Sale and Rental of Merchandise

In so far as ADVENTURE RAURIS sells, leases or rents out merchandise, the aforementioned remains owner until the fulfilment of the contract by the customer. In particular, the customer is not entitled to allow said merchandise to be used by third parties without the permission of ADVENTURE RAURIS.

In so far as ADVENTURE RAURIS rents out merchandise of all kinds, the customer is liable for any loss, damage or other adverse effects on said merchandise. The basis for any compensation claims on the part of ADVENTURE RAURIS is always the current replacement value of said merchandise. The customer is obligated to cover himself for such instances by means of an insurance policy. The cancellation rates as stated in Section 3 also apply to services provided by ADVENTURE RAURIS within the framework of merchandise rental.

 

7. Direct Business with our Service Providers

In so far as ADVENTURE RAURIS also acts as an agent for services etc., each customer is expressly prohibited from utilizing business contacts established by ADVENTURE RAURIS in concluding any direct business of their own. Should the customer contravene this obligation, ADVENTURE RAURIS will enjoy the same legal stature, as if it had, in fact, served as an agent.

If, in the process of serving as an agent, a given service, to which the customer is entitled, should prove impossible to render, ADVENTURE RAURIS is indemnified from any and all claims from the customer in question. This also applies to claims relating to breach of contract, as well as to all other claims for damages.

 

8. Passport, Visa, Customs and Health Regulations

The customer is responsible for complying with any passport, visa, customs or health conditions which may be necessary in fulfilling the contract. ADVENTURE RAURIS consults with the customer on such matters.

 

9. Intellectual Property

Our service package constitutes our intellectual property. Our customer obliges himself for a period of 3 years

? not to imitate our services

? not to enter into a direct business relationship with our business partners without our direct consent

? to maintain those ideas which form the basis of our service package and the addresses of our service providers as a business confidentiality.

 

10. Jurisdiction

The customer may only bring action against ADVENTURE RAURIS at its seat of business.

 

11. Voiding of Provisions

In so far as any individual provisions of ADVENTURE RAURIS’ TAC should be declared null and void, this will in no way affect the validity of the contract as a whole.

Substituting for the nullified provision will be one which, had the parties known of the invalidity of said provision, they would both have been party to in order to achieve the commercial purpose of the agreement. This also applies in the event of any regulatory gap.

 

ADVENTURE RAURIS

A – 5661 Rauris, Kirchplatz 1

Rauris, June 2001