TERMS & CONDITIONS
General terms and conditions of business the sole proprietorship Dave Spielmann / #allaboutmtb
1. scope of application
These General Terms and Conditions ("GTC") apply to the entire business of the sole proprietorship of Dave Spielmann / #allaboutmtb (hereinafter "#allaboutmtb"). #allaboutmtb offers private guiding and coaching, riding technique courses, one-day and multi-day mountain bike tours as well as individual travel advice and booking. Furthermore, #allaboutmtb offers services in the organisation, creation, distribution in the media sector.
2. conclusion of contract
The conclusion of the contract comes about through the confirmation of registration by #allaboutmtb.
The contract is concluded in any case when the customer uses the services offered by #allaboutmtb and / or orders products through the online shop #allaboutmtb or purchases directly.
Subject to other offers, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
All prices are exclusive of any other applicable taxes.
The prices are exclusive of packaging and shipping costs.
#allaboutmtb reserves the right to change prices at any time. The prices in force on the #allaboutmtb website and according to the #allaboutmtb price list are those in force at the time the contract is concluded.
If a commission has been agreed, it will be due upon fulfilment of the obligations by #allaboutmtb. Whether or not the end customer pays the customer has no influence on the origin and due date of the commission, relevant is the fulfilment of obligations by #allaboutmtb.
#allaboutmtb offers the customer the following payment options: Invoice, deposit and cash payment.
The customer is obliged to pay the invoiced amount within 30 (thirty) days from the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the set reminder period, he will automatically be in default.
From the time of default, the customer shall owe interest on arrears at the rate of 5% (five percent).
If the customer pays cash, the amount must be paid on site at the beginning of the course at the latest.
#allaboutmtb reserves the right to demand prepayment at any time without giving reasons.
The invoiced amount may not be offset against any claims the client may have against #allaboutmtb.
In the case of a large order amount, #allaboutmtb may require a deposit from the customer.
#allaboutmtb has the right to refuse to deliver or provide services in the event of late payment.
5. obligations #allaboutmtb
5.1 Delivery / Delivery dates
Delivery will be made within 5 (five) working days after receipt of order. If delivery is not possible on time, #allaboutmtb will inform the customer within 5 (five) working days after receipt of order and the new delivery date will be communicated.
Unless otherwise agreed, the place of performance is #allaboutmtb's registered office. #allaboutmtb fulfils by handing over the ordered products to the agreed carrier. If no carrier is agreed, #allaboutmtb is free to choose a carrier. The agreed delivery costs may not be increased by the choice of the freight forwarder.
5.2. provision of services
Unless otherwise agreed, #allaboutmtb will fulfill its obligation by providing the agreed service. Unless otherwise agreed, the place of performance shall be #allaboutmtb.
5.3 Auxiliary persons
The parties have the express right to call in auxiliary persons to perform their contractual obligations. They must ensure that the involvement of auxiliary persons is carried out in compliance with all mandatory legal provisions and any collective employment agreements.
6. duties of the customer
The customer is obliged to take all necessary steps to ensure that #allaboutmtb can provide the service. The customer must make the arrangements at the agreed location at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of appropriate information and documentation to #allaboutmtb.
The customer is responsible to #allaboutmtb for the correctness of the required information about himself and any third parties and must bear the consequences of any errors in full.
Insurance is the responsibility of the participants. #allaboutmtb reserves the right to request proof of liability or accident insurance.
On all tours it is generally compulsory to wear a helmet to protect yourself against injuries in case of accidents. If this obligation is not observed, the tour leader reserves the right to exclude participants from tours without compensation. Participants undertake to start the tour with a well-maintained bike. Under no circumstances will #allaboutmtb be liable for personal injury or damage to property caused by the poor condition of a bike.
7. package tours
7.1 Duties of the customer
The customer is aware that in those cases where #allaboutmtb is only acting as an agent, the customer enters into the contract with the third party (airline, tour operator etc) and their terms and conditions apply. For services provided by other tour operators or service providers, #allaboutmtb only acts as an intermediary and not as a contractual partner; their own contractual and travel conditions apply. The customer must immediately notify #allaboutmtb and the service provider of any defects in writing.
If the customer is unable to travel or use a service for reasons not attributable to #allaboutmtb, the customer must inform #allaboutmtb immediately in writing, stating the reason. In such cases, cancellation costs will be incurred. The date of receipt of the letter by #allaboutmtb is decisive for the calculation of the cancellation costs. In addition, the cancellation costs of the respective organizer and the booked transport company apply.
If the customer is prevented from taking part in the package tour, he/she may assign the booking to a person who fulfils all the conditions attached to the participation, provided that he/she informs #allaboutmtb beforehand within a reasonable period before the departure date. This person and the client are jointly and severally liable to #allaboutmtb for the payment of the price and for any additional costs incurred as a result of this assignment.
7.2 Price increases
Price increases are generally possible. The price increase is calculated according to the same criteria as the calculation of the basic price. However, they must be made at least 3 (three) weeks before the date of departure. The price increase must be based on one of the following reasons: an increase in transport costs, including fuel costs, an increase in charges for certain services, such as landing fees, entry or
disembarkation fees at ports and corresponding fees at airports or change in the exchange rates applicable to the package.
If the price increase is more than 10%, it is a substantial change to the contract. The customer has the right to accept the change or to withdraw from the contract. He must notify #allaboutmtb of his decision as soon as possible, but definitely before the start of the trip. If the customer wishes to withdraw from the contract, he/she is entitled to participate in another package of equal or higher value, if #allaboutmtb or one of its business partners can offer him/her such a package, or to participate in another package of lower value, and to a refund of the difference in price or to a refund of all sums paid by him/her as soon as possible. The right to claim damages for non-performance of the contract is reserved.
If #allaboutmtb cancels the service for reasons for which the customer is not responsible, the customer is entitled to the options in the above paragraph. The right to compensation for non-performance does not exist if the cancellation is due to failure to reach the minimum number of participants or force majeure.
#allaboutmtb is entitled to terminate the contract without notice if the performance of the trip is permanently disrupted despite a corresponding warning from the customer. The same applies if #allaboutmtb suspects that the customer has committed a criminal act in the holiday country or on the trip that is punishable under Swiss criminal law by imprisonment, or if the customer has behaved in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. #allaboutmtb however retains the right to the travel price. Any additional costs for the return transport are to be borne by the customer as a troublemaker. However, the customer will be charged for any expenses saved as a result of this, as well as any advantages gained from services not used, including reimbursements from other service providers.
#allaboutmtb is generally liable to the customer for the services offered, regardless of who is responsible for their execution. #allaboutmtb is not liable if the non-performance or improper performance of the contract is due to: the client's negligence; the unforeseeable or unavoidable negligence of third parties not involved in the provision of the services agreed in the contract; force majeure or an event which the organiser, retailer or service provider could not foresee or avert despite all due care. Even if #allaboutmtb is not liable, it must endeavour to provide assistance to the customer.
For all damages, except personal injury, the liability is limited to twice the price of the service, except for damages caused intentionally or by gross negligence.
#allaboutmtb excludes any liability for third party services to the extent permitted by law.
8. cancellation of appointment
In the case of agreed dates for the provision of the contractual service, a cancellation up to 30 (thirty) working days before the date is free of charge. In case of missing or late cancellation the following costs will be charged:
Up to 20 (twenty) working days before the appointment 25% (ten percent) of the agreed price
Up to 3 (three) working days before the deadline 50% (fifty percent) of the agreed price
On the day of the offer 100% (one hundred percent) of the agreed price
It is recommended that customers take out cancellation insurance.
An exchange of products is generally excluded.
The statutory warranty provisions apply.
#allaboutmtb warrants the above for a maximum period of 24 (twenty-four) months.
Any defect must be reported to #allaboutmtb immediately. It is up to #allaboutmtb to decide whether to repair or replace the defective product. Only if a replacement or repair is not possible will the customer be entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for repairs carried out by third parties is excluded. During the time of the repair the customer has no claim to a replacement product. The warranty starts anew for the repaired element, for the remaining elements of the product the original warranty period continues.
#allaboutmtb guarantees to perform the agreed services in a quality customary in the industry.
Liability for any indirect damage and consequential damage caused by defects is excluded in full.
Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damages to #allaboutmtb immediately.
Any liability for auxiliary persons is completely excluded.
12. intellectual property rights
All rights to the products, services and any trademarks are owned by #allaboutmtb or it is authorized to use them by the owner.
Neither these terms and conditions nor any individual agreements relating to them involve the transfer of any intellectual property rights, unless this is explicitly stated.
In addition, any re-use, publication and making available of information, images, text or other material received by the customer in connection with these terms and conditions is prohibited, unless explicitly authorised by #allaboutmtb.
If the customer uses content, text or visual material in connection with #allaboutmtb in which third parties have a proprietary right, the customer must ensure that no proprietary rights of third parties are infringed.
#allaboutmtb may process and use the data recorded in the course of the conclusion of the contract in order to fulfil its obligations under the contract. #allaboutmtb shall take the necessary measures to secure the data in accordance with legal requirements. The customer fully agrees that #allaboutmtb may store and use its data in accordance with the contract and is aware that #allaboutmtb is obliged and entitled to disclose information from the customer to the courts or authorities if ordered to do so by them. If the customer has not expressly prohibited this, #allaboutmtb may use the data for marketing purposes. The data necessary to provide the service may also be passed on to contracted service partners or other third parties.
Furthermore, the data protection regulations apply.
14. graphical material
The customer agrees that graphical material such as photos or videos taken during the courses or trips of #allaboutmtb may be published.
15. non-solicitation and employment ban
The customer may not, without the express written consent of #allaboutmtb, entice away or employ its employees or other auxiliary persons, either on its own account or on behalf of a third party. Even after termination of the contractual relationship, the customer is prohibited from directly or indirectly employing employees or other auxiliary persons #allaboutmtb in any way whatsoever. This prohibition is valid until one year after the termination of the contractual relationship and is limited to the area of activity of the respective employee or auxiliary person.
These terms and conditions may be changed by #allaboutmtb at any time.
The new version will come into force 30 (thirty) days after it is posted on the website by #allaboutmtb.
Customers are bound by the version of the terms and conditions in force at the time the contract is concluded. This is unless the customer has agreed to a newer version of the terms and conditions.
These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTCs take precedence over these GTCs.
18. severability clause
Should a provision of this contract or an enclosure of this contract be or become invalid, the validity of the contract as a whole shall not be affected. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any contractual loopholes.
Both parties, as well as their assistants, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.
20. force majeure
In the event that #allaboutmtb, its suppliers or third parties are prevented from fulfilling their obligations in a timely manner due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, #allaboutmtb shall be released from its obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, #allaboutmtb may withdraw from the contract. #allaboutmtb shall reimburse the customer in full for any payments already made.
Any further claims, in particular claims for damages due to vis major are excluded.
21. agents and distributors
The customer acknowledges that any sales partners or agents work independently of #allaboutmtb and any potential claims must be made directly to them. #allaboutmtb is in no way liable for any breach of contract by any agents or distributors.
22. applicable law / jurisdiction
These GTC are subject to Swiss law. In the absence of mandatory legal provisions, the court at the domicile of #allaboutmtb shall have jurisdiction. #allaboutmtb is free to bring an action at the domicile of the defendant. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.