General Terms and Conditions (GTC) - Bächlepicknick

The following terms and conditions regulate the legal relationship for all city tours and excursions between the customers and "Freiburgerleben" and supplement the travel regulations of § 651a I BGB. They are accepted by the customer with the booking.

  1. CONTRACT

Verbal orders shall only become effective after written confirmation by "Freiburgerleben". The contract is concluded by the written booking confirmation of "Freiburgerleben". Requests specifically expressed by the customer must be expressly confirmed in writing by "Freiburgerleben". Otherwise they are not part of this contract.

  1. PERFORMANCE

The scope and nature of the contractual services are based exclusively on the information in the confirmation and the service description of the "Freiburgerleben" programme valid at the time of the Bächlepicknicknick. We reserve the right to make changes to this information by means of corresponding notifications prior to the conclusion of the contract. The applicable prices are listed in our current price lists. We reserve the right to make short-term changes to individual services during a Bächlepicknicknick due to unforeseeable local circumstances (e.g. lack of water, weather, etc.) or due to delays for which "Freiburgerleben" is not responsible. The Bächlepicknick organised by Freiburgerleben takes place in all weathers.

  1. CANCELLATION AND REBOOKING BY THE CUSTOMER

The customer cannot cancel the booking of a Bächlepicknicknick. However, they can ask Freiburgerleben to postpone participation in a Bächlepicknick to another date. The decision to do so lies exclusively with Freiburgerleben and requires no explanation. The possibility of rescheduling ends 1 week before the booked date. 

  1. Resignation and resignation by "Freiburgerleben

"Freiburgerleben" can withdraw from the contract before the start of the Bächlepicknicknick or cancel the contract after the start of the event in the following cases:

a) without notice, if the customer persistently disrupts the Bächlepicknick regardless of a warning from "Freiburgerleben" or if the customer behaves in a way that is significantly contrary to the contract, the immediate cancellation of the contract is justified.

b) without notice in exceptional circumstances.

c) Both "Freiburgerleben" and the customer can terminate the contract if the realisation of the Bächlepicknicknick is made considerably more difficult, endangered or impaired as a result of force majeure unforeseeable at the time the contract was concluded.

  1. LIABILITY

5.1 "Freiburgerleben" is liable within the scope of the duty of care of a prudent businessman for:

a. conscientious preparation and implementation;

b. the careful selection and monitoring of service providers;

c. the proper provision of the contractually agreed services

Participation in the Bächlepicknick is at your own risk and responsibility (e.g. broken glass in the stream). Each participant is responsible for observing the road traffic regulations. Minors may only participate if accompanied by a parent or guardian or a teacher who is required to supervise them. "Freiburgerleben" is not liable for defects of third parties. "Freiburgerleben" is only liable for damage caused by wilful or grossly negligent breach of contract by Freiburgerleben or its vicarious agents. The limitation of liability does not apply to damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user. In all other cases, liability relates exclusively to the fulfilment of the agreed scope of services and is limited to the maximum amount of the fee. The customer is obliged to co-operate in the event of service disruptions, to avoid possible damages or to keep them as low as possible, insofar as this is reasonable. In particular, the participant is obliged to bring any complaints to the attention of the responsible management on site without delay. If the customer culpably fails to report a defect to the local management and it was reasonable to expect him to do so, he shall not be entitled to any claims in this respect.

  1. LIMITATION, PROHIBITION OF ASSIGNMENT

Customer claims shall become time-barred after six months. The limitation period begins on the day of the event. If the customer has asserted such claims, the limitation period is suspended until the day on which "Freiburgerleben" rejects the claims in writing.

  1. GENERAL

With the publication of new brochures, all our previous publications on events of the same name lose their validity. No liability is accepted for printing and calculation errors. The invalidity of any part of these terms and conditions shall not affect the validity of the remaining provisions.

  1. JURISDICTION

For merchants, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their domicile or place of residence abroad after conclusion of the contract or whose domicile or habitual residence is unknown at the time the action is filed, Freiburg im Breisgau is agreed as the place of jurisdiction, insofar as legally permissible. German law is recognised by all contractual partners. These GTC apply from 30.11.2023

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