Terms & Conditions Voucher & Fan Articles
§ 1 Applicability, definitions of terms
(1) Green Hill Bikepark GmbH & Co. KG, Gellinghausen 42, 57392 Schmallenberg, Germany (hereinafter: “we” or “Green Hill Shop”) operates an online shop for goods and digital goods on the website http://alt.greenhill-bikepark.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) For the purposes of these Terms and Conditions, “consumer” means any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his or her commercial or self-employed professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the execution of his or her commercial or self-employed professional activity, where a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of contracts, storing of the text of the contract
(1) The following regulations on the conclusion of a contract apply to orders placed via our online shop under http://alt.greenhill-bikepark.de.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon reception of an order in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order is made in the following steps:
- Selection of the desired goods, digital goods,
- Adding the products to the cart by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of the terms and conditions and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Completing the order by clicking on the “Buy now” button. This constitutes your binding order.
- The contract is concluded by sending you an order confirmation from us to the e-mail address provided within three working days.
(4) In the event of the conclusion of the contract, the contract is concluded with Green Hill Bikepark GmbH & Co. KG, Gellinghausen 42, 57392 Schmallenberg, Germany.
(5) Before placing an order, the contract data can be printed out using the print function of the browser or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, takes place by e-mail partly automatically after you have placed the order. We do not store the contract after the conclusion of the contract.
(6) Input errors can be corrected using the keyboard, mouse and browser functions (e.g. the browser’s “back button”). You can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, which is partly automated. You must therefore ensure that the e-mail address you have stored with us is correct, that the reception of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In the case of our online shop, the subject matter of the contract is:
- The sale of goods. The specific goods offered can be found on our article pages.
- The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our article pages.
(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the legal obligation to update is not contractually effectively excluded, the function-preserving updates and necessary security updates are also the subject of the contract.
(3) The essential characteristics of the goods and digital goods can be found in the article description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly indicated in the article description (negative quality agreement). If the customer has given his explicit consent to the negative deviation in quality, this defines the subject matter of the contract.
(4) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless explicitly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right of resale or sub-licensing.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we explicitly offer purchase on account. The payment methods available to you are indicated under a corresponding button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment entitlements are due for payment immediately.
(3) In addition to the prices indicated, shipping costs may apply for the delivery of products, unless the respective item is shown as free shipping. The shipping costs will be clearly communicated to you on the offers, in the shopping cart system if necessary and on the order overview.
(4) All products offered are ready for shipment immediately, unless clearly stated otherwise in the product description (delivery time: 3-5 working days after reception of payment).
(5) Delivery is worldwide.
§ 5 Updates and Obligations of the Consumer to Cooperate
(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the legal obligation to update is not contractually effectively excluded, the customer will be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
(2) We are also entitled to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
(3) The time period during which updates are provided depends on the type of item purchased and is explained in the item description.
4. Consumers shall be informed about the provision of updates and about the proper installation of them.
(5) The customer is obliged to install provided updates properly according to the installation instructions.
§ 6 Right of retention, reservation of title
(1) You may only exercise a right of retention if the claims are arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 7 Right of revocation
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as from tort is limited to intent or gross negligence.
(2) In the event of slight negligence, in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation, we shall be liable without limitation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for property and financial damage attributable to this is limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes, in particular, our obligation to take action and to fulfil the contractually owed service, which is described in § 3.
(3) If, when purchasing goods with digital elements or purchasing digital products (digital content and services), the customer fails to install within a reasonable period of time an update that has been made available to him and of whose availability he has been informed, we shall not be liable for a material defect that is solely attributable to the absence of such update.
§ 9 Language of the contract
Only German is available as the contract language.
§ 10 Warranty
(1) The warranty is based on the legal provisions.
(2) In the case of contractors, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to immediately check the item/digital goods or the service provided for completeness, obvious defects and transport damage when fulfilling the contract and to inform us and the freight carrier of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
§ 11 Final Provisions/Dispute Resolution
(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer’s country of habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
Terms of Use/Disclaimer
Please read the Terms of Use/Disclaimer carefully.
THIS IS A LEGAL DOCUMENT – READ CAREFULLY!
The “Green Hill Bikepark GmbH & Co. KG” is a bike park based on gravitational forces with passenger transport (lift) – routes (nf. Trails) and track obstacles (elements) may be more challenging than those of mountain bike trails.
By signing this Agreement, you waive certain legal rights. Green Hill Bikepark GmbH & Co. KG will not accept any liability for damages of any kind. This applies in particular to the use of the trails, regardless of their legal permission, condition and level of difficulty, as well as use of the lift system, to accidents of any kind, lost clothing and other objects. The use of the bikepark-specific offer is always at your own risk. Green Hill Bikepark GmbH & Co. KG assumes no liability for routes that are used in an unauthorised condition.
PLEASE READ THE USER AGREEMENT CAREFULLY!
In this release agreement, the term “bike park” includes the use of the Green Hill bike park area and associated facilities such as lifts, guided rides, courses, training, events and rental items.
TERMS OF USE
A) General
1. The practice of mountain biking is associated with sport-specific dangers. The sport is practiced in the great outdoors, so the conditions are constantly changing. In order to ensure accident-free sports practice and not to put excessive strain on the natural environment, caution and consideration for other users and nature are necessary.
2. Users are responsible for ensuring that they have sufficient physical capacity to perform this activity. Only people who have the appropriate physical and mental conditions are entitled to use the bike park.
3. When practising in the great outdoors, it should be noted that conditions and route conditions may change due to changing environmental influences such as weather. This is part of the sport. The user is required to assess this situation and to judge it according to his or her own ability and capability.
4. Riders may UNDER NO CIRCUMSTANCES use the trails and lifts under the influence of drugs or alcohol. Green Hill Bikepark reserves the right to deny access to areas of the park to any rider who it believes is under the influence of drugs or alcohol.
5. The use and entry of the park is only allowed with a valid lift ticket during opening hours. Using the park without a valid ticket is considered illegal. Consequences include: expulsion from parking, loss of insurance coverage, criminal charges.
6. All users of the park MUST sign and/or acknowledge this form prior to using the bike park. Minors must have the agreement signed and/or acknowledged by their parents or legal guardians.
7. Information boards as well as instructions of the employees on site must be followed.
8. Waste of any kind must be taken away by users. Any contamination of the bike park and the surrounding nature is prohibited.
9. The use of the bike park and the lift system is entirely at your own risk. The operator is not liable for a specific condition of the system, nor for any special protection of dangerous areas.
10. The User acknowledges that the facility may also be used by motorized vehicles, in particular agricultural and forestry vehicles.
Green Hill Bikepark GmbH & Co. KG reserves the right to revoke permissions for use and/or to refuse entry to park users.
12. The Bikepark reserves the right to revoke offers and products without justification.
13. The offering of an event by third parties in any form whatsoever without the explicit permission of us at Green Hill is prohibited.
B) Trail and route network
14. In the Green Hill Bikepark, only the marked trails may be used. Out of consideration for nature and for safety reasons, it is prohibited to ride outside the designated areas.
15. Children under the age of 14 may only use the bike park and bike trails when accompanied by an adult.
16. Children/teenagers from 14 to 17 years of age can use the bike park and the bike trails without adult accompaniment. The declaration of consent signed by the legal guardians must be sent independently to the staff of the bike park BEFORE USING the bike park. (electronically, in writing or by purchasing a lift ticket)
17. Use is only permitted with proper sports equipment. In the bike park it is mandatory to WEAR A HELMET WITHOUT EXCEPTION! Green Hill Bikepark GmbH & Co. KG strongly recommends the use of a full-face helmet and additional protective equipment, which may include; Knee and elbow protection, chest and back protection, gloves, goggles and neck brace. This also applies to the use of passenger transport by the lift.
18. Riding uphill and pushing uphill on the tracks is strictly forbidden!
19. The use of motorized vehicles on the bike trails is strictly prohibited and will be reported without exception.
20. The bike park may only be ridden through at an appropriate speed. The speed must be adapted to the respective conditions and riding skills as well as traffic conditions.
21. The habitat of wild animals must be respected. In particular, this prohibits riding and entering designated protected zones.
22. The use of the trails in the Green Hill Bike Park, regardless of their legal authorization or condition, is ALWAYS at your own risk and responsibility.
23. Before use, every person is obliged to check the integrity of the routes to be ridden.
24. It is the User’s responsibility to ensure that the risks associated with the practice of sport are adequately insured, in particular the risk of civil liability.
C) Lift operation
25. The use of the lift system is at your own risk.
26. Neither for person nor for damage to property is assumed by the bike park.
27. Children under the age of 8 should only use the lift at the discretion of their parents.
28. The User is required to obtain sufficient information on the proper handling of the product in advance.
29. The bike must be properly prepared in advance by the User.
D) Courses and events
30. The Bikepark does not guarantee the success of the courses offered.
31. During the courses, the general terms and conditions apply.
32. The safety instructions of the trainers must be followed.
33. The bike park as well as the trainers do not accept any liability for personal injury or damage to property.
E) Right of revocation
34. Paragraph 312g of the Charter of Fundamental Rights 2 No. 9 BGB, a right of revocation is limited by the time-specific offer in the bike park.
35. For online purchases, the Distance Selling Act applies, which grants 14 days of right of withdrawal, but only until the date of performance, which ends one day before at 10 a.m. before the performance of the service. Time-bound articles/offers are excluded from this right of withdrawal.
36. Time-bound articles/offers are excluded from the right of withdrawal.
- By using our ticket insurance, the ticket can be cancelled without giving reasons up to 3 days before the start of the service (lift start 10 a.m. or 3 p.m.) and will be fully refunded.
F) Tickets
37. Children up to 8 years of age may take advantage of the offer free of charge.
38. Children up to 16 years of age are eligible for the “childrens ticket”.
39. Persons aged 16 and over are eligible for the ‘adult ticket’.
40. Supervisory duties are to be observed and guaranteed as described.
G) Ticket insurance
41. This insurance is an in-house solution and allows you to cancel the ticket without giving reasons up to 3 days before the start of the service (lift start at 10 a.m. or 3 p.m.). The purchase amount will be refunded, the insurance fee which will not be refunded. Subsequently, as well as without ticket insurance, cancellation is not possible.
H) Bicycle insurance
42. This insurance is an in-house solution and allows you to reduce or save costs arising from damage to the rented bike. The appraisal always takes place after it has been returned by the respective employee. When the insurance is taken out, damages of up to €500 are covered. If no insurance has been taken out and for damages in excess of the contribution margin (500 €), the customer must pay for all damages incurred on a self-liable basis at the currently applicable list prices.
LIABILITY WAIVER
I agree to waive any claims and to indemnify Green Hill Bikepark GmbH & Co. KG as the operator of the Green Hill Bikepark, its legal representative, the Board of Directors, of any kind and to indemnify and hold harmless any liability arising from any loss, damage, costs or injuries, including death, suffered as a result of my stay at the Green Hill Bikepark for any reason, negligence, breach of contract or breach of statutory or other duty of care.
In order to protect myself from risks and dangers of using the Green Hill Bikepark, I follow the Code of Conduct.