Terms and conditions
1. Entering into a contract
With the booking, the applicant offers the organizer the conclusion of a binding contract. The booking can be made in writing, orally or by telephone. It is made for the applicant and also for all participants listed in the booking, for whose contractual obligations the applicant is responsible, as for his own obligations, provided that he has accepted this in the booking by explicit and separate declaration. The contract is concluded with the booking confirmation by the organizer. The booking confirmation does not require a specific form.
Invoicing takes place after the event. Should Kiwi-Connection have to pay in advance for larger sums, e.g. for material, these costs will be invoiced to the customer in advance, if necessary.
Which services are contractually agreed, results from the service description in the brochure and from the information referring to it in the booking confirmation. The information contained in the brochure + price list are binding for the organizer.
4. Service and price changes
Requirements or deviations of individual services from the agreed content of the contract, which become necessary after conclusion of the contract and which were not brought about by the organizer contrary to good faith, are only permitted insofar as the changes or deviations are not substantial and do not impair the overall character of the booked event. Any warranty claims shall remain unaffected insofar as the modified services are defective.
5. Cancellation by the participant, rebooking, substitute person
The participant may withdraw from the event at any time before the event begins. The date of receipt of the cancellation is relevant for the organizer. We recommend to cancel the contract in written form. If the participant withdraws from the contract or does not participate in the event, the organizer may claim compensation for the arrangements made and expenses incurred. When calculating the compensation, saved expenses and other uses of the organizer's services are usually taken into account. The organizer can calculate this claim for compensation taking into account the following breakdown according to the proximity of the time of cancellation to the contractually agreed start of the event. In case of cancellation up to 8 weeks before the start of the event, a handling fee of 10%, will be retained. In case of cancellation up to 35 days 25% and up to 2 days before the event we charge 50%. From then on and in case of no-show 100% cancellation fee will be charged.
Until the beginning of the event, you can request that a third party take over the rights and obligations of the contract instead of you. For external services, the terms and conditions of the respective service provider apply.
For rebookings we charge € 10,- to € 40,- for additional expenses.
6. Services not utilised
If the participant does not make use of individual services as a result of an early return journey or for other compelling reasons, the organizer will endeavor to obtain reimbursement from the service providers for the expenses saved. This obligation does not apply if the services are completely insignificant or if a refund is contrary to legal or official regulations.
7. Cancellation by the organizer
Up to 8 days before the start of the event, the organizer may withdraw from the contract if the minimum number of participants specified in the brochure or in other documents that have become part of the contract has not been reached. If the organizer learns before the start of the event of important reasons relating to the participants, which give rise to fears of a lasting disruption of the event, he/she is entitled to withdraw from the contract immediately. After the start of the event, the organizer may terminate the contract without notice if the participant disturbs the execution of the event despite a warning or behaves contrary to the contract. If the organizer cancels the contract, he/she retains the right to the event price, but must take into account the value of the saved expenses.
8. Liability of the organizer
The organizer is liable within the scope of the duties of care of a reputable business person. He/she is obligated to carry out the event in such a way that it has the warranted characteristics and is not afflicted with defects that nullify or reduce the value or suitability for the usual use or the use assumed under the contract. In particular, the organizer is liable for
a) selection of the service providers and verification of the service
b) description of the services in the brochure
c) conscientious preparation of the event
d) proper provision of the agreed services.
9. Liability limitation
Our liability for contractual claims for damages, with the exception of bodily injury, is limited in total to the amount of three times the event price, in so far as damage to the participant was caused neither intentionally nor through gross negligence on our part. Our liability is also limited in total to the amount of three times the event price if the occurrence of the damage was caused by the fault of the service provider. For all claims for damages of the participant against the organizer resulting from unauthorized action, which are not based on intent or gross negligence, the available liability amount is at least € 4,100. Our liability is excluded or limited, as far as due to legal regulations, which are applicable to the services to be provided by a service provider, his liability is also excluded or limited. We are not liable for mediated third-party services if these were identified as such in the event description or in the booking confirmation or are obvious.
10. Cooperation obligations of the participant
The participant is obligated to cooperate within the framework of the legal provisions in the event of any service disruptions and to avoid or minimize any damages. In particular, the participant is obliged to inform the event manager immediately of any complaints. If the participant deliberately omits to report a deficiency, there is no right to claim a reduction in price.
11. Exclusion of claims and statute of limitations
Any claims arising from the contract must be asserted to the organizer within one month after the contractual end of the event. Claims arising from the contract are subject to a limitation period of 6 months after the contractual end of the event. Claims arising from unauthorized actions expire within 3 years after the contractual end of the event.
12. Cancellation of the contract due to extraordinary circumstances
If the event is significantly impeded, endangered or impaired as a result of unforeseen circumstances (e.g. war, civil unrest, natural disasters, statutory order, e.g. driving ban), both the organizer and the participant may terminate the contract.
13. Official regulations
The participant is responsible for compliance with all regulations important for the implementation of the event. All detrimental effects resulting from non-compliance with these regulations shall be borne by the participant, unless they are caused by deliberate misinformation or failure to provide information on the part of the organizer.
14. Miscellaneous, Special risks
The offered events have adventure, sports or/and adventure character. With regard to these risks, participation is AT YOUR OWN RISK. This applies in particular to risks that are not foreseeable by the organizer. There is no liability for damages of any kind related to the character of such an event. The obligation to prepare the events carefully remains unaffected. Prerequisite for participation is a healthy physical condition and the ability to be able to swim averagely. For the safety of the participants, the event manager decides on the special event participation and on program changes that become necessary due to weather conditions. For the safety of the participant and the safety of other participants, the instructions of the event leader must be followed during the event. If a participant does not follow the instructions, the organizer is entitled to terminate the contract without notice. In this case, the organizer retains the right to the event price, but has to take into account saved expenses. The same applies in the case of an intoxicated participant (0.5 per mille limit!).
15. Service provision and performance location, general
The service provision and performance location is the registered office of the organizer. The invalidity of individual provisions shall not result in the invalidity of the entire contract. The same applies with regard to the above agreements.