General Terms and Conditions

Contractual terms and conditions in the context of purchase and service contracts concluded via the platform www.mtbcoach.de (and its subdomains) between MTB COACH, owner Motonari Bonefas, Hardenbergstrasse 40, 90768 Fürth (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer").

1A. General part

§ 1 Scope of application, definitions

(1) The business relationship between the provider and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of booking. These General Terms and Conditions form the basis of all offers, services and contracts. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

(3) You can contact our customer service for questions, complaints and objections by e-mail at info@mtbcoach.de or by telephone at the numbers given on the website.

§ 2 Conclusion of contract

(1) The presentation of products and services in the online store does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

(2) The customer can select products or services (e.g. courses, trips) from the provider's range and collect them in a so-called shopping cart using the "add to cart" button. By clicking the button "order with obligation to pay", the customer submits a binding request to purchase the goods in the shopping cart or to book the services. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and thereby included them in their application.

(3) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation).

(4) The contract shall be concluded in German.

§ 3 Prices and payment modalities

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) Deposit and final payment: a) When booking services (courses, trips, camps) with a total price of more than € 200, a deposit of 20% of the total price is due immediately after conclusion of the contract. b) The remaining amount is to be paid at the latest 30 days before the start of the service without further request. c) For bookings with a total price of less than € 200 and for bookings made at short notice (less than 30 days before the start of the service), the total price is due immediately.

(3) Payment can be made by bank transfer or via the payment methods offered on the website. If third-party providers are commissioned with payment processing (e.g. PayPal, Stripe), their general terms and conditions apply.

§ 4 Liability of the provider

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(2) The contractual liability of the provider for damages that are not bodily injury is limited to three times the participation fee, insofar as damage to the customer was not caused intentionally or through gross negligence or insofar as the provider is responsible for damage incurred by the customer solely due to the fault of a service provider.

(3) The provider is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as external services (e.g. hotel accommodation, transportation services) if these are expressly identified as external services in the advertisement.

(4) The provisions of the Product Liability Act remain unaffected.

B. Special conditions for driving technique courses & workshops (duration up to 2 days, without overnight stay)

§ 5 Services and program changes

(1) The scope of services depends on the respective course description. However, the provider reserves the right to adjust the course schedule for important reasons (e.g. weather, technical ability of the group, unforeseeable events).

(2) Weather: The courses take place in all weather conditions. Exceptions are extreme weather conditions that pose a risk to participants (e.g. severe weather warnings, storms, thunderstorms). The assessment is the sole responsibility of the provider or the guide on site. There is no entitlement to a refund due to bad weather, provided that the course can be carried out safely. If a course has to be canceled or interrupted for safety reasons, § 6 applies.

§ 6 Withdrawal and termination by the provider

(1) Minimum number of participants: A minimum number of 3 participants applies to all courses. If this number is not reached, the provider may cancel the course up to 7 days before the start of the course at the latest. The customer will be informed immediately and will be refunded the full course price. Alternatively, the provider can offer a rebooking to another date or a shortening of the course duration at the same price, provided the customer agrees to this.

(2) The provider may terminate the contract for good cause if a participant persistently disrupts the course despite a warning or behaves in breach of contract (see § 7). In this case, the provider retains the right to the course price.

§ 7 Obligations and liability of the participant

(1) Health requirements: The participant assures that he/she is able to meet the health and fitness requirements of the booked course. Participation under the influence of alcohol, drugs or mind-impairing medication is strictly prohibited and will result in immediate exclusion from the course without entitlement to a refund.

(2) Equipment and helmet obligation: The participant is responsible for the technically perfect condition of his mountain bike and his personal protective equipment. Wearing a certified bicycle helmet is compulsory throughout the course without exception. The wearing of additional protective equipment (e.g. knee and elbow pads, back protector) is strongly recommended. Anyone who attends the course without a helmet will be excluded from participation; the provider remains entitled to the course fee.

(3) The instructions of the guide must be followed to ensure safety and the course.

§ 8 Cancellation by the customer (courses & workshops)

(1) The customer may withdraw from the contract at any time before the start of the course. The withdrawal must be made in writing (by e-mail). The date of receipt of the declaration of withdrawal by the provider is decisive.

(2) In the event of a withdrawal, the provider offers the customer a choice between a cancellation fee (with a pro rata refund) and a voucher for a future booking:

Time of cancellation

Option A: Value voucher

Option B: Cancellation fee (refund of the remaining amount)

Up to 31 days before the start of the course

100% of the course price

20% of the course price

30 to 15 days before the start of the course

80% of the course price

40% of the course price

14 to 8 days before the start of the course

60% of the course price

7 to 3 days before the start of the course

40% of the course price

80% of the course price

Less than 3 days before the start of the course

10% of the course price

90% of the course price

In the event of no-show without cancellation

100% of the course price

(3) Rebooking: Rebooking to another date is possible free of charge up to 31 days before the start of the course, provided a place is available. Thereafter, a rebooking shall be deemed to be a cancellation and a new booking.

(4) Substitute person: The customer may nominate a suitable substitute person to attend the course in his/her place at any time. A processing fee of €15 will be charged for this. The substitute must fulfill the requirements of the course.

C. Special conditions for trips & camps (with overnight stay)

§ 9 Services and program changes

(1) The provisions of § 5 apply accordingly to trips and camps. In particular, the provider reserves the right to adjust routes and tours due to weather, avalanche danger, unforeseeable road closures or the condition of the group in order to ensure the safety of all participants.

(2) Package tours and insolvency protection: If the offer is a package tour within the meaning of Section 651a BGB (e.g. by bundling course services and accommodation), the provider shall insure the customer monies received by means of statutory insolvency insurance. The customer receives a corresponding insurance certificate with the booking confirmation.

§ 10 Cancellation by the customer (Travel & Camps)

(1) For trips and camps, different cancellation conditions apply. A voucher option is not possible here. In the event of withdrawal, the provider may demand the following flat-rate compensation:

-Up to 61 days before departure: 20% of the tour price

-60 to 46 days before the start of the trip: 40% of the trip price

-45 to 31 days before the start of the trip: 60% of the trip price

-30 to 8 days before the start of the trip: 80% of the trip price

From the 7th day before departure and in the event of no-show: 95% of the tour price

(2) The customer shall be entitled to prove that the provider has incurred no damage or significantly less damage than the lump sum demanded.

(3) Travel cancellation insurance: The customer is strongly recommended to take out travel cancellation and curtailment insurance. This can cover the cancellation costs incurred in the event of illness or other insured events.

D. Special conditions for rental equipment

§ 11 Rental conditions

(1) Rental items must be treated with care. Damage that goes beyond normal wear and tear shall be borne by the customer.

(2) The rental object is to be used in accordance with the road traffic regulations and its intended purpose.

(3) In the event of theft or loss, the customer shall be liable to the amount of the replacement value.

E. Final provisions

§ 12 Cancellation policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction.

(2) Exception to the right of withdrawal: In accordance with Section 312g (2) No. 9 BGB, the right of withdrawal does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. This applies to all courses, trips and camps offered by the provider with a fixed date.

(3) The statutory right of withdrawal of 14 days applies to the purchase of goods (e.g. vouchers, merchandise). Detailed withdrawal instructions can be found on a separate page of the website.

§ 13 Data protection

The provider processes the customer's personal data for a specific purpose and in accordance with the statutory provisions (GDPR, BDSG). The details can be found in the privacy policy on the provider's website.

§ 14 Place of jurisdiction, applicable law, contract language

(1) The place of jurisdiction and place of performance is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(3) The contractual language is German.

§ Section 15 Alternative dispute resolution

The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.