General Terms and Conditions
of skywalk allgäu gemeinnützige GmbH (hereinafter referred to as “skywalk”), Oberschwenden 25, 88175 Scheidegg, legally represented by the managing director Thomas Schmoltner.
1. scope of application
1.1 These General Terms and Conditions in the version valid at the time of the customer’s order govern the contractual relationship between skywalk and persons who order tickets, vouchers or other goods from skywalk (hereinafter referred to as “customer” or “you”). skywalk and the customer are hereinafter jointly referred to as the “parties”.
1.2 The customer warrants that he/she is of legal age and has unlimited legal capacity and, if acting as a representative, that he/she has the corresponding power of representation.
1.3 There are no verbal collateral agreements between the parties. These general terms and conditions apply exclusively. Deviating or conflicting terms and conditions of the customer do not apply; this also applies if skywalk does not expressly object to the customer’s terms and conditions.
1.4 The customer is only entitled to the right of revocation in accordance with Section 3 if he is a consumer within the meaning of Section 13 BGB, i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.
2. conclusion of contract
2.1 The information contained in catalogs, advertisements and websites is subject to change and non-binding. This information does not constitute an offer from skywalk.
2.2 The customer’s order represents an offer to skywalk to conclude a purchase contract for the tickets and vouchers ordered by the customer. If the customer places an order via our website (webshop), he/she will receive a confirmation e-mail from skywalk after the payment process, which confirms receipt of the order and lists the details of the order (order confirmation). This order confirmation also represents an acceptance of the customer’s offer (declaration of acceptance) and thus the conclusion of the purchase contract.
2.3 skywalk reserves the right to accept the offer for only part of the ordered goods.
2.4 In the confirmation email, the admission tickets or vouchers are also sent to the customer in digital form. No purchase contract is initially concluded for goods that are not listed in the declaration of acceptance or for which no admission tickets or vouchers have been sent to the customer in digital form.
2.5 The withdrawal period in accordance with section 3 shall commence upon conclusion of the purchase contract and receipt of the goods.
3. right of withdrawal for consumers in distance selling contracts
3.1 If the customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has purchased the tickets or vouchers from skywalk using exclusively means of distance communication (e.g. by e-mail or in the webshop), he or she has a right of withdrawal in accordance with the following withdrawal policy.
3.2 Unless the parties have agreed otherwise, the right of revocation does not apply in accordance with Section 312g (2) No. 9 BGB, inter alia, to contracts for the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision of such services. This means that tickets for predetermined days cannot be revoked.
3.3 If the goods were sent to the customer in the form of a (digital) code, this code will be blocked after receipt of the withdrawal and will lose its validity. A return is not necessary in this case.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must send us
skywalk allgäu gemeinnützige GmbH
Oberschwenden 25
88175 Scheidegg
Phone: 08381 912020
E-mail: info@waldwelt-allgaeu.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
1. if you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
2. to exercise your right of withdrawal in accordance with the above paragraph 1, you can use the following model withdrawal form, which is not mandatory:
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us).
To:
skywalk allgäu gemeinnützige GmbH
Oberschwenden 25
88175 Scheidegg
E-mail: info@waldwelt-allgaeu.de
I/we* hereby revoke the contract concluded by me/us* for the purchase of the following goods*
Ordered on* / received on*
Name of the consumer(s)
Name of the account holder(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
* Please delete as applicable.
4. handover of the goods
4.1 Admission tickets and vouchers are handed over as a digital document by email to the email address provided by the customer in their order. The customer can then print out this document or store it as a digital ticket on their mobile device (smartphone, tablet).
4.2 skywalk is entitled to make partial deliveries and render partial services to a reasonable extent.
5. remuneration, terms of payment, prohibition of set-off
5.1 The current prices stated in skywalk catalogs, advertisements and/or websites apply. All prices are quoted in Euro (€) including VAT. Unless otherwise stated, the prices – errors and typographical errors excepted – refer to the goods shown in the catalogs, advertisements and the skywalk website as described.
5.2 Payment is made in advance using the payment methods offered on the skywalk website (PayPal, GiroPay, PayDirect, credit card). skywalk reserves the right to exclude certain payment methods.
6. warranty
6.1 The statutory liability for defects shall apply. There are no guarantees.
6.2 If the customer is entitled to compensation for damages or reimbursement of futile expenses on the basis of the warranty, this shall be subject to the limitation of liability set out in Section 7 below.
7. liability
7.1 skywalk is not liable for damages, delays or impediments to performance that lie outside of skywalk’s area of responsibility.
7.2 skywalk is not liable for damages caused by unsuitable, improper or not intended use of the climbing course.
7.3 Regardless of the legal grounds, skywalk is only liable for damages caused premeditated or through gross negligence, or in the case of culpable damages caused by skywalk resulting from injury to life, body or health, or in the case of culpable violation of a major contractual obligation, or in the case of non-fulfillment of a guarantee, or if a defect was fraudulently concealed by skywalk. “Essential” in the sense of this provision is an obligation of skywalk, the fulfillment of which makes the proper execution of the contractual relationship between the parties possible in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on the fulfillment of which the customer regularly relies.
7.4 In the event of a breach of a material contractual obligation due to simple negligence, skywalk’s liability is limited to typically foreseeable damages.
7.5 Any further liability of skywalk is excluded.
7.6 Liability under the German Product Liability Act remains unaffected by these General Terms and Conditions.
8. force majeure
8.1 skywalk is not liable for disruptions or delays in performance of its contractual obligations if the disruptions or delays were caused by force majeure.
8.2 Force majeure shall be deemed to exist if an event causing damage has an external effect, i.e. does not have its cause in the nature of the endangered object and the event cannot be averted or rendered harmless even with the utmost reasonable care (in particular strike, pandemic, riot, war, sabotage or comparable operational disruptions).
8.3 skywalk will inform the customer immediately after the occurrence of the unforeseeable event with reference to section 8 of these General Terms and Conditions and provide all relevant information about the effects of the event on the contractual obligations.
8.4 skywalk is released from the obligation to provide services for the duration of the force majeure event and is obligated to provide services as soon as the event ends. skywalk is not liable for compensation.
8.5 In the event of force majeure lasting more than six months, the parties shall seek a meeting and each party shall be entitled to withdraw from the contract.
8.6 In the event of withdrawal, any remuneration already paid shall be refunded, but with deduction of the costs and expenses incurred for the contractual obligations performed up to that point.
8.7 If special legal regulations exempt skywalk from a refund obligation, the refund can be replaced by a credit note.
9 Applicable law
9.1 The contractual relationship between the parties and all disputes arising from or in connection with this contractual relationship are subject to the law of the Federal Republic of Germany.
9.2 The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
10. place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or moves his domicile or usual place of residence out of Germany after conclusion of the contract, or if his domicile or usual place of residence is unknown at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship between the parties in all these cases is the place of business of skywalk.
11. dispute resolution
11.1 The European Commission provides a platform that enables online dispute resolution between consumers and traders (ODR platform). The ODR platform can be accessed via the following link: ec.europa.eu/consumers/odr. The e-mail address of skywalk is: info@skywalk-allgaeu.de.
11.2 skywalk is neither obligated nor willing to participate in dispute resolution proceedings before consumer arbitration boards.
12. severability clause
Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.