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GENERAL TERMS OF SERVICE

Preamble

AbenteuerBayern is a brand of Abenteuer Bayern Aktiv UG (haftungsbeschränkt). We offer guided, date-bound outdoor adventure experiences for families, children's groups, and visitors in and around Ingolstadt and München — including children's birthday parties (Kindergeburtstag), holiday programmes (Ferienprogramm), and discovery tours (Entdeckertouren). Every experience takes place on a specific booked date and time.



§ 1 Scope

1.1 These General Terms and Conditions ("Terms") apply to all contracts for booked experiences concluded between Abenteuer Bayern Aktiv UG (haftungsbeschränkt), Buschrosenstraße 5, 85051 Ingolstadt ("we" / "us") and the customer.

1.2 A consumer is any natural person who concludes the contract for purposes predominantly outside their trade, business, or profession (§ 13 BGB). An entrepreneur is a natural or legal person acting in the exercise of their trade, business, or profession (§ 14 BGB). Where the customer is an entrepreneur or a public-law body — for example a company booking a team experience, or a school booking a class trip — statutory consumer-protection provisions, including any right of withdrawal, do not apply.

1.3 Our service descriptions on the website and in promotional materials are not binding offers, but an invitation to the customer to submit a non-binding booking enquiry.



§ 2 Provider and Contact

Abenteuer Bayern Aktiv UG (haftungsbeschränkt) Buschrosenstraße 5, 85051 Ingolstadt, Germany Tel.: 015560722444 · Email: info@abenteuerbayern.de

As a small business within the meaning of § 19 UStG, we do not show or charge value-added tax.



§ 3 Conclusion of Contract

3.1 A booking enquiry submitted by the customer (via our booking form, email, or messaging service) is non-binding and does not in itself constitute an offer to conclude a contract.

3.2 Following the enquiry, we respond with a date offer that confirms availability for the date requested by the customer or proposes alternative slots. The offer states the price and the advance payment and is binding on us for the period stated in it.

3.3 The contract becomes valid once the customer accepts our date offer and the advance payment is received by us; payment of the advance constitutes acceptance of the offer.



§ 4 Services and Dates

4.1 The content, duration, location, date, and any participation requirements of each experience are set out in the respective offer and booking confirmation.

4.2 Each experience is tied to a specific date and time agreed at the time of booking. By booking a date, the customer reserves a capacity that we hold available exclusively for them and cannot otherwise allocate.

4.3 Minimum and maximum participant numbers and age bands may apply per experience, as stated in the offer. We may require these to be met as a condition of performance.



§ 5 Prices and Payment

5.1 The prices stated are total prices.

5.2 An advance payment of 50% of the total price is payable to accept our date offer; the contract is concluded upon its receipt (§ 3). The remaining balance (the further 50% of the total price) is due no later than 7 days before the experience date. Where a booking is made fewer than 7 days before the experience date, the full total price (100%) is instead payable to confirm the booking, and its receipt constitutes acceptance of our offer.

5.3 Payment is made by bank transfer to the following account:

Account holder: Abenteuer Bayern Aktiv UG (haftungsbeschränkt)IBAN: DE05 1001 8000 0395 6450 14BIC: FNOMDEB2Reference: your booking / confirmation number

The advance payment secures the reserved date and capacity.

5.4 If the customer fails to pay the balance by the due date, we are entitled (but not obliged) to refuse participation and/or to cancel the booking. In that case the cancellation consequences under § 7 apply according to the date of cancellation.



§ 6 No Right of Withdrawal

The experiences offered by AbenteuerBayern are services in connection with leisure activities for which a specific date or period of performance is agreed at the time of booking. For such contracts, the statutory right of withdrawal is excluded by law pursuant to § 312g(2) No. 9 BGB. By booking a specific date, the customer reserves a capacity that we hold available exclusively for them and cannot otherwise allocate. There is therefore no statutory right of withdrawal for these bookings.

The customer's cancellation options under § 7 (Cancellation by the Customer) apply independently of, and are unaffected by, this exclusion.



§ 7 Cancellation by the Customer

7.1 The customer may cancel a booking before the experience date by notice in text form. The following applies (amounts calculated from the total price):



Cancellation receivedConsequence
More than 14 days before the experience dateFree cancellation; the advance payment is refunded
7 to 14 days before the experience dateThe advance payment (50% of the total price) is forfeited
Fewer than 7 days before the experience date, or no-showThe full total price (100%) is payable; no refund


7.2 Exception — force majeure and illness: where the customer or participant is prevented from taking part by force majeure or by illness evidenced by a medical certificate (Arztbestätigung), no cancellation fee is charged and any amounts already paid are refunded.

7.3 The customer is expressly entitled to demonstrate that we incurred no loss, or a loss substantially lower than the applicable amount. In that case, the amount is reduced accordingly or waived.

7.4 Cancellation under this section is separate from, and does not depend on, the statutory right of withdrawal excluded under § 6.



§ 8 Cancellation, Merger, or Rescheduling by Us

8.1 We may cancel an experience for good cause — in particular insufficient participant numbers, illness of the activity leader, an outbreak of contagious illness, or force majeure. In such cases, payments already made are refunded. Further claims, in particular for damages, wasted expenses, or other disadvantages, are excluded, save as provided in § 14 (Liability).

8.2 We may merge a booking with a comparable experience where participant numbers are insufficient. The customer may cancel free of charge if the content, location, or date thereby changes so significantly that participation becomes unreasonable for them.

8.3 If the experience cannot take place at the announced location due to force majeure or disruptions at the venue (e.g. building works), we may change the location and will inform the customer in good time.

8.4 We may reschedule an experience for good cause. If the new date is unreasonable for the customer, they may cancel free of charge and any payments made are refunded.



§ 9 Rebooking and Transfer

9.1 A change of date (rebooking) is possible subject to availability. Mirroring the cancellation terms in § 7, the following rebooking fees apply, calculated from the total price:


Rebooking requestedRebooking fee
More than 14 days before the original experience dateNone — free rebooking
7 to 14 days before the original experience date20% of the total price
Fewer than 7 days before the original experience date50% of the total price


Any rebooking fee is payable immediately upon our confirmation of the new date.

9.2 With our prior agreement, the booking may be transferred before the experience to another participant who meets the participation requirements.



§ 10 Participation Requirements and Exclusion


10.1 Stated participation requirements (e.g. age band, basic fitness) must be met. Age bands apply as stated in the respective offer.

10.2 We may exclude a participant from the experience, or from further participation, for good cause — in particular seriously disruptive behaviour, endangering themselves or others, vandalism, payment default, or materially false information (for example as to a participant's age). In the case of disruptive behaviour, exclusion will normally follow a prior warning; however, where a participant's conduct endangers themselves or others, we may exclude them immediately without prior warning. In such cases there is no claim to a refund.

10.3 Where a child is excluded, the child must be collected without undue delay, at the customer's cost, following notification of the parent or guardian.



§ 11 Supervision, Duty of Care, and Collection

(Applies to experiences involving minors.)

11.1 We provide supervision appropriate to the age of the participants. For children's birthday parties (Kindergeburtstag), the maximum group size depends on the package booked: Kleine Entdecker — up to 10 children; Schatzjäger — up to 12 children; Abenteuermeister — up to 15 children. Across children's birthday parties and holiday programmes (Ferienprogramm), no more than 15 children are supervised per supervising adult. For other experiences, supervision is provided as appropriate to the activity and group. We cannot guarantee one-to-one supervision.

11.2 The customer must inform us at the time of booking of any health conditions, allergies, or special needs relevant to the participant's safe participation, so that appropriate supervision can be arranged in advance.

11.3 A child may be collected only by the person or persons named by the customer at booking. If another person is to collect the child, or the child is permitted to leave unaccompanied, the customer must authorise this in advance in writing.

11.4 The customer must provide a valid telephone number and ensure they are reachable throughout the experience.



§ 12 Health and Safety

12.1 Participants must be in a condition that allows safe participation. In the event of suspected contagious illness, participation may be refused; participation may resume upon presentation of a medical clearance.

12.2 The customer is responsible for ensuring the participant has adequate health cover and sufficient tetanus protection. We recommend that the customer maintain private liability and accident insurance.

12.3 Participants must follow the safety instructions of our activity leaders and supervisors. A participant who, for safety reasons, seriously or repeatedly disregards such instructions may be excluded from further participation in accordance with § 10.2.



§ 13 Insurance

13.1 We maintain business liability insurance for our experiences. This does not replace the participant's own health, accident, and private liability cover, which we recommend the customer maintain.



§ 14 Liability

We are liable to the customer under all contractual, quasi-contractual, and statutory claims, including those in tort, for damages and reimbursement of expenses as follows:

14.1 We are liable without limitation on any legal ground:

14.2 If we negligently breach a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation under § 14.1. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place, and on whose compliance the customer may regularly rely.

14.3 Otherwise, our liability is excluded.

14.4 The above provisions also apply to our liability for our vicarious agents and legal representatives.



§ 15 Image Rights

15.1 Participation in an experience does not by itself grant consent to the use of photographs or video recordings of participants. Where we wish to use such material for marketing or documentation, we will obtain the customer's (and, for minors, the guardian's) separate, express consent.



§ 16 Data Protection

We process personal data in accordance with our Privacy Policy (Datenschutzerklärung), available at [link]. The Privacy Policy is not part of these Terms and is provided separately.



§ 17 Contract Language and Communication

17.1 The contract is concluded in German. This English version is a courtesy translation; in the event of any conflict, the German version prevails.

17.2 Contract-related communication (including confirmations, invoices, and reminders) may be conducted electronically.



§ 18 Alternative Dispute Resolution

18.1 The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/.

18.2 We are not obliged and not willing to participate in dispute-resolution proceedings before a consumer arbitration board.



§ 19 Final Provisions

19.1 Amendments or supplements to the contract are effective only if made in text form.

19.2 The law of the Federal Republic of Germany applies. If the customer is a consumer, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence.

19.3 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 this contract is our place of business. We are also entitled in such cases to bring proceedings at the customer's seat.

19.4 Should any provision of these Terms be or become wholly or partly invalid, the validity of the remaining provisions is unaffected.