Terms and Conditions
Kohfahl Ballstrategien GmbH & Co. KG ∙ Georg-Heyken-Straße 4 ∙ DE-21147 Hamburg
-- Hereinafter referred to as Supplier --
(1) The services of the Supplier offered at https:// frmclinicsgermany.com within the context of football camps shall be rendered exclusively on the basis of the following terms and conditions in the applicable version at time of concluding the contract.
(2) Contracts shall be concluded exclusively with contractual partners of full legal age.
(3) The terms and conditions of the Supplier shall apply exclusively. Terms and conditions of the Customer that deviate from our terms and conditions shall not apply, unless expressly agreed by us.
(1) The online website of the Supplier shall represent a non-binding request to the Customer for conclusion of a contract. By placing an order on our website, the Customer shall submit a binding offer for conclusion of a contract. There is a processing fee of € 5.00 for changing orders after they have been placed.
(2) By making a booking the participant acknowledges the validity of these participation conditions. The bookings shall be processed in order of receipt.
(3) The Supplier may accept this offer within 3 working days by sending a booking con rmation. The Supplier shall inform the Customer of unsuccessful bookings by email when maximum capacity is reached.
3. Payment, default
(1) The participation fee shall be payable in advance by bank transfer/cash in advance upon receipt of invoice or via the online payment methods PayPal or instant transfer. The prices indicated on the Supplier’s website at the time of concluding the contract shall apply.
(2) The right to participate in camps organised by the Supplier shall be subject to full payment of the agreed fee.
(3) In the event of default in payment the Supplier shall be entitled to charge interest at a rate of 5 percentage points above the base rate of the European Central Bank. Should the Supplier assert higher default damages, the Customer shall have the opportunity to prove that the damages being claimed were not incurred at all or at least to a signi cantly lesser extent.
4. Right of withdrawal
Pursuant to § 312 g (2) (10) German Civil Code, contracts for the rendering of services concerning recreational activities shall not be subject to a right of withdrawal if the contract stipulatesaspeci cdateorperiodduringwhich the service must be rendered.
5. Cancellation and illness
(1) Free cancellation before the camp has begun is not permitted after conclusion of a contract (con rmation by the Supplier). In the event of non-participation in the camp, the full costs minus non-incurred expenditure of the Supplier shall be payable.
(2) ) If a player is ill then the customer can withdraw from the agreement in writing before the camp begins, provided cancellation cover has been concluded when signing up and a medical certificate can be produced. The original medical certificate has to be shown in the event of withdrawal. In the event of withdrawal, individualised football shirts (shirts with flock printing) shall be charged proportionately, provided that the shirt has already been produced. Should participation in the camp be interrupted due to illness or injury, the participation fee shall not be reimbursed proportionately.
(3) The right of termination for just cause shall not be affected.
6. Cancellation of dates, subject to change
(1) The Supplier shall reserve the right to cancel the event if the minimum number of participants is not reached at least 7 days before the planned event or for other important reasons not attributable to the Supplier (e.g. sudden illness of instructors, force majeure). In such case the participants shall be informed promptly in writing.
(2) Already paid participation fees will be refunded in case of cancellation of a camp. This does not include the occurrence of force majeure, which is explained in more detail in (5). Further liability and compensation claims, which do not concern injury to life, body or health, are excluded, unless there is intent or gross negligence. We are not liable for indirect damages, in particular loss of profit or claims of third parties.
(3) Should technical training equipment not end up being used, customers cannot insist on a refund or replacement in lieu.
(4) The Supplier shall be entitled to make necessary contextual, methodical and organisational changes or alterations before or during the event, provided these do not change the benefits of the advertised event for the participants. The Supplier shall be entitled to replace the advertised trainer with another qualified trainer for just cause such as illness or accident. Claims for damages shall be excluded here.
(5) Loss of our clinic due to force majeure. „Force majeure“ ; is defined as extraordinary events which occur through no fault of the company from outside (outside the company) and which cannot be prevented by the affected party depending on the situation (e. g. B. natural disasters, terrorist attacks or a pandemic). In the event of force majeure, there is no claim for compensation or damages against Kohfahl Ballstrategien GmbH & Co KG. In this case, we will alternatively offer a new event date with the same services at the same location or in the immediate vicinity for reasons of goodwill. If the alternative date is not accepted, there are no further liability or compensation claims against the organizer.
7. Obligations of the participant
(1) During the course the participant shall be obligated to follow the instructions of the Supplier’s personnel and adhere to camp rules. If these instructions are deliberately not followed thus jeopardising the safety of participants or causing serious disruption to the camp, the participant may be excluded from further participation.
(2) In such case the course fee shall not be reimbursed. In the event of expulsion the participant must be collected by his/her legal guardian immediately.
8. Physical condition of participants
(1) Participants must take out health and liability insurance; children and adolescents must be insured via their legal guardian. Further insurance may be taken out at the discretion of the participant. Participation is subject to the full physical health and tness of participants, and conditional upon participants being clear of contagious infections and vaccinated against tetanus during the period of the course.
(2) The Supplier must be noti ed in writing of any medicine intake and relevant allergies of the participant.
(3) Should the participant suffer minor injuries during the course, the legal guardian hereby agrees that the participant shall be treated by the Supplier’s camp counsellors.
(4) Should a participant suffer illness or injury, the Customer shall give the football school permission to take all necessary steps and actions for a safe, appropriate treatment and/ or return transport of the participant. Should the Supplier incur costs for the emergency medical treatment of a participant, these shall be reimbursed by the Customer.
9. Photographic and film rights
By registering, customers and players (and their legal guardians) consent to photographs and videos being takes of players and then disseminated/published by the provider or any advertising agency appointed by the provider – including on the Internet, without any limit of time, place or content, and any number of times, for the purpose of the provider’s own or other entities’ advertising and for merchandising purposes.
(1) As part of its duty of care the Supplier shall be liable for the conscientious preparation, careful selection and supervision of its employees, or the proper rendering of the contractually agreed services.
(2) In the event of minor breach of duty, the Supplier and its vicarious agents shall only be liable for the foreseeable, direct, average damages typical for this type of contract. In the event of minor breach of duty of non-essential contractual obligations that do not jeopardise the execution of the contract, neither the Supplier nor its vicarious agents shall be liable.
(3) Cancelled training hours for which participants are responsible shall not be reimbursed or replaced. The Supplier shall assume no liability for injuries suffered during the course, unless the Supplier is at fault. The Supplier shall not be liable for the loss or theft of private property brought to the camp.
(4) The aforementioned liability limitations shall not apply in the event of claims based on product liability or warranty, as well as claims based on physical injury or health impairment and loss of life.
11. Data protection
The Supplier shall treat personal data as strictly con dential and in accordance with legal data protection regulations and its own data protection guidelines. Your data shall not be disclosed without your express consent and/or only for the purpose of executing and processing the contract.
12. Applicable law, place of jurisdiction, final provision
(1) This contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention, provided this choice of law does not deprive the consumer of mandatory consumer protection standards.
(2) If the contractual parties are merchants, the courtofourregisteredof ceinHamburgshall have jurisdiction, unless exclusive place of jurisdiction is justi ed for the dispute. This shall also apply if the participant is domiciled outside the European Union.
(3) Should a provision of this contract be or become invalid or infeasible, the remaining provisions of this contract shall not be affected.
Hamburg, 13. March 2019