CONTENT
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1. Conclusion of the event contract
2. Payment
3. Services
4. Changes to services and prices
5. Liability
6. Rights of use photo / video
7. Newsletter / participant information
8. Helmets / protective clothing
9. Cancellation by the customer, rebooking, replacement persons
10. Withdrawal and cancellation by the organiser
11. Cancellation of the contract due to exceptional circumstances
12. Liability of the organiser
13. Warranty / Remedy
14. Exclusion of claims and limitation period
15. Passport, visa and health regulations
16. Invalidity of individual provisions
17. Place of jurisdiction
18. Health certificate and age of majority
19. Organiser
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1. Conclusion of the event contract
1.1With the event registration, which can be made in writing, verbally or by telephone, the participant makes a binding offer to accept the event contract. The registration is also concluded by the registrant for all participants listed in the registration, for whose contractual obligations the applicant has assumed commitment, if he has assumed a corresponding separate obligation by means of an expressed and separate declaration. The registration becomes binding for the organizer when he confirms the booking and the travel price to the participant in writing and the deposit and final payment are credited to the participant's account by the date stated. If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer to which the organizer is bound for a period of 5 days. The contract is concluded based on this new offer once the participant accepts the organizer’s offer within this period and pays a deposit.
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2. Payment
2.1Payments are due on the agreed dates, otherwise the place will be made available for purchase once again.
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3. Services
3.1 The services that are contractually agreed upon are set out in the service descriptions and can be taken from the information referring to them in the event confirmation. The information contained in the service descriptions is binding for the organizer. However, the organizer reserves the right to make changes prior to the conclusion of the contract, about which the participant will be informed prior to booking.
3.2 The organizer shall constantly endeavor to describe the services offered correctly and as accurately as possible, although these may be subject to change in terms of content and procedures. The description and the photographs and illustrations used can therefore only be understood as examples and as such serve as a general description. Photos and/or illustrations of actions, situations, persons, places, etc. are non-binding and may vary. Actual deviations must be reserved. The same applies to information regarding the duration of the services offered. These serve only as examples are merely indicative and non-binding.
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4. Changes to services and prices
4.1 Changes or deviations of individual event services from the agreed content of the event contract which become necessary after conclusion of the contract, and which were not brought about in bad faith are only allowed if the changes and divergences are not significant and do not affect the overall character of the booked event. Any eventual warranty claims remain unaffected as far as the changed services are defective. The organizer shall inform the participant of any changes or deviations without delay. If necessary, the organizer offers the participant a free rebooking or a free cancellation free of charge. In the event of a significant change to an essential event service, the participant is entitled to withdraw from the travel contract without cancellation or to demand participation in an event of at least equal value if the organizer is able to offer such an event from its program at no extra cost to the participant. The participant must exercise these rights immediately after the organizer’s declaration of the price increase or change of the event services.
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5. Liability
5.1 By signing the registration form or by completing a binding online registration, the participant confirms that he has taken note of the terms and conditions and expressly accepts them.
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5.2 Participation in the event is at the participant's own risk. The participant knows and is fully aware of the dangers associated with the practice of cycling sports, especially gravel biking. The participant recognizes that there is a risk associated with the pursuit of special sporting achievements. The participant accepts for himself/herself that the practice of such a sport may endanger life and physical safety may be jeopardized. This includes dangers for everyone, due to environmental conditions, technical equipment, atmospheric influences, possible dangers from roads, as well as natural and artificial obstacles.
5.3 Travelling on the routes provided excludes any liability.
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5.4 This exclusion does not apply to damage resulting from injury to life, limb or health resulting from an intentional or negligent breach of duty and not for other damages that are based on an intentional or grossly negligent breach of duty.
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5.5 The participant commits to inform all his/her team members and other accompanying persons of this exclusion of liability.
5.6 The participant must be healthy, in good physical condition and therefore able to participate. It lays in the participants own responsibility to ensure this. The organizer assumes no liability for health risks of the participants. With receipt of the booking confirmation, the participant bindingly declares that there are no health concerns against his participation.
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5.7 In cases of initial impossibility, the organizer shall only be liable if he was aware of the impediment to performance or the lack of knowledge was due to gross negligence provided that no cardinal obligation has been breached as a result.
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5.8 The organizer accepts no liability for the loss of the participant's equipment and clothing. The participant must therefore take care himself or be insured accordingly.
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5.9 The instructions of the guides must be always followed.
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5.10 Essential obligations to co-operate: The participant is obliged to co-operate within the framework of the statutory provisions to avoid or minimize possible damage. The participant is obliged to report any complaints immediately to the local event management without delay. The latter is instructed to take remedial action if this is possible. If the participant culpably fails to report a defect, the participant shall not be entitlement to a reduction. The participant is responsible for his personal suitability, such as height, age, state of health, weight, driving license, etc. In cases of doubt, a doctor must be consulted, and the organizer must be contacted. The participant is obliged to inform the organizer of any circumstances relevant to his/her without further request.
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6. Rights of use photo / video
6.1 The participant grants ‘The Gravel Club GmbH’ and its partners the right to utilization and all possible purposes of use free of charge and irrevocably, spatially and temporally unlimited.
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6.2 In terms of content, the right includes the use for all projects, commissions or artistic works. In addition, commercial use in print media, TV via all distribution channels, on the Internet and other storage media, for the purpose of advertising for goods or services, irrespective of whether these purposes, goods or services already existed or were known at the time the contract was concluded.
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6.3 The participant affirms that he/she is over 18 years of age and waives the right to fee payments in any form. The participant makes no claims whatsoever, including the use of the photos by ‘The Gravel Club’ and its partners. The sale of photos or videos taken by participants is not permitted. However, the unrestricted use for all conceivable non-commercial/private purposes.
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6.4 ‘The Gravel Club’ warrants that the image material will not be used for the purposes of criminal offences or in a manner that could damage the participants reputation.
7. Newsletter / participant information
7.1 Consent for newsletter / participant information is granted by the participant by providing the e-mail address. The participant agrees that it may be used for the sending of information in the form of a newsletter to him/her by the organizer and its organizational partners. This consent can be revoked at any time.
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8. Helmets / protective clothing
8.1 Helmets are compulsory for all participants during the tours. The helmet must bear the seal of a recognized testing institute (e.g. DIN standard 33954, SNEL standard, ANSI standard or similar).
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8.2 The participant must ensure that the helmet fits correctly on the head.
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8.3 The helmet must not show any signs of damage.
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8.4 The helmet requires undamaged, non-stretchable straps that are connected to the shell in at least three places, and which can be fastened using a safety system (not Velcro or similar).
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9. Cancellation by the customer, rebooking, replacement persons
9.1 The participant may cancel the event up to 120 days before the start of the event. The date of receipt of the cancellation notice by the organizer is decisive. We recommend the cancellation in writing. If the participant cancels the event contract or or does not attend the event, the organizer may claim compensation for the event arrangements and for its expenses. When calculating the compensation, usually saved expenses and usually possible other uses of the event services are to be considered. A travel cancellation insurance is mandatory for every participant.
10. Withdrawal and cancellation by the organiser
10.1 The event organizer may terminate the event contract without notice: If the participant persistently disrupts the realization of the event despite a warning from the organizer or if he/she behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified. If the organizer terminates the contract, he retains the right to the event price; the organizer must, however, claim the value of the expenses saved, including any reimbursements by service providers.
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10.2 The organizer may cancel the event up to four weeks before the start of the event if the advertised minimum number of participants is not reached. The organizer shall inform the participant immediately after the fulfillment of the conditions for the non-realization of the event. The participant will be refunded the event price paid immediately. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached the organizer must inform the participant.
11. Cancellation of the contract due to exceptional circumstances
11.1 If the event is made considerably more difficult, jeopardized or impaired because of force majeure at the time the contract was concluded, both the organizer and the participant may cancel the contract. If the contract is cancelled, the organizer may demand reasonable compensation for the event services already provided or to be provided at the end of the event. Furthermore, the organizer is obliged to take the necessary measures, in particular if the contract includes repatriation, to repatriate the participant. The additional costs for repatriation shall be borne equally by the parties. Other additional costs shall be borne by the participant.
12. Liability of the organiser
12.1 The organizer is liable within the scope of the duty of care of a prudent businessman for:
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conscientious preparation of the event.
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the careful selection and monitoring of the service providers.
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the accuracy of the description of all specified event services, unless the event organizer has not declared a change to the service descriptions prior to conclusion of the contract.
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the proper provision of the agreed event services.
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culpability of the person entrusted with the provision of services.
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13. Warranty / Remedy
13.1 If the event services are not provided in accordance with the contract, the participant may demand redress. The organiser may refuse to remedy the situation if it requires disproportionate effort.
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13.2 Reduction of the event price: if the event is not provided in accordance with the contract, the participant may, upon return, demand a corresponding reduction in the price of the event (reduction), unless the participant culpably fails to report the defect.
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13.3 Cancellation of the contract: If the organizer does not provide a remedy within a reasonable period of time, or if it is declared that remedial action is not possible, the participant may terminate the contract. A deadline shall not apply if remedial action is impossible or is refused by the organizer or if the immediate termination of the contract is justified by a special interest of the participant. The participant's right to compensation remains unaffected.
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14. Exclusion of claims and limitation period
14.1 Claims due to non-contractual provision of the event must be made by the participant to the organizer within one month of the contractually agreed end of the trip. After expiry of this period, the participant may hold claims if he was prevented from complying with the deadline through no fault of his own. Contractual claims by participants shall become time-barred after one year. The limitation period begins on the day on which the event should have ended according to the contract. If the participant has asserted such claims, the limitation period shall be suspended until the day the participant, or the organizer refuses to continue the negotiations. The limitation period shall expire at the earliest three months after the suspension.
15. Passport, visa and health regulations
15.1 The organizer is responsible for informing nationals of the country in which the tour is offered, about passport, visa and health regulations and any changes thereto prior to the start of the event. For nationals of other countries, the relevant consulate will provide information. The participant is responsible for compliance with all regulations important for the realization of the event. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations shall be borne by the participant, except if they are caused by culpable misinformation or non-information by the organizer.
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16. Invalidity of individual provisions
16.1 The ineffectivess of individual provisions of the event contract shall not affect the invalidity of the entire event contract. The above stated provisions shall only be valid if and insofar as statutory provisions coming into force after printing do not provide for any other regulations.
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17. Place of jurisdiction
17.1 The participant may only sue the organizer at its registered office. For actions brought by the organizer against the participant, the place of residence of the participant is decisive, unless the action is directed against registered traders or persons who changed their place of residence or habitual abroad after conclusion of the contract, or whose domicile or habitual residence is unknown at the time the action is brought. In these cases, the organizer’s registered office shall be decisive.
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18. Health certificate and age of majority
18.1 A medical certificate is mandatory for participation in the event and must be either a medical certificate for cycling competitions or a certificate of fitness for the practice of sports with special and high cardiovascular commitment in accordance with Ministerial Decree 26/04/2013 and issued by a sports medicine centre or a doctor. The medical certificate must expire after the event (including its duration) and be sent to documents@shardana-bikeventure.com. If the medical certificate is not compliant, it will be rejected, and the participant must submit a new, compliant certificate. Failure to submit the medical certificate or submission of an invalid certificate will result in exclusion from the event and will not entitle the member to a refund of the registration fee.
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19. Organiser
19.1
The Gravel Club GmbH
Waldstraße 22
13156 Berlin