Terms and conditions
General terms and conditions of the Mammut Sports Group GmbH - Mammut Alpine School
Travel terms and conditions of the MAMMUT SPORTS GROUP GMBH - MAMMUT ALPINE SCHOOL ("Organiser")
All of our trips are conscientiously and meticulously prepared and planned. However, the organiser cannot offer any guarantee for the subjectively perceived successfulness of a given trip, because under unfavourable weather conditions (snowfall, ice, fog, rain, avalanche danger, etc.) it is possible that peaks may be attained only under more trying conditions, or indeed not at all. In the mountains, the sudden onset of such weather conditions, at any time of day and in any season, must always be taken into account.
§ 1 Conclusion of the contract
By registering, which can also be done electronically, the traveller makes a binding offer to the organiser to conclude a travel contract.
The contract is concluded through acceptance on the part of the organiser, which can also be done electronically in the form of a travel confirmation.
§ 2 The traveller´s right to cancel
The traveller may revoke his contractual declaration within one month in text form (e.g. letter, fax, e-mail), without any obligation to specify the reasons. The period begins after receipt of this explanation in text form, however not before fulfilment of the duties concerning the organiser in accordance with § 312 e para. 1, sentence 1 BGB [Civil Code]in conjunction with Art. 246 § 3 EGBGB [Introductory Law to the Civil Code]. Timely sending of the cancellation suffices to protect the cancellation period. The cancellation must be sent to: Mammut Sports Group GmbH, Anschützstraße 5, 87700 Memmingen, telephone: 08331/8392-333, fax: 08331/8392-211, e-mail: alpineschool(at)mammut.ch.
2. Consequences of cancellation
In the event of an effective cancellation, the performances received on both sides must be refunded and, if applicable, any benefits derived (e.g. interest) surrendered. If the traveller cannot return to the organiser the performance received in whole or part or only in worsened condition, he must compensate the organiser to that extent. This can lead to a situation where the traveller nevertheless has to fulfil the contractual payment obligations for the period until the cancellation. Obligations to refund payments must be fulfilled within 30 days. The period begins for the traveller with the sending of his cancellation declaration, for the organiser with its receipt.
The traveller´s right to cancel expires early if the contract is completely fulfilled by both sides at his express wish, before he exercised his right to cancel.
§ 3 Conditions of participation and naming a replacement
Any traveller who is healthy, capable of fulfilling the requirements set forth in the respective trip description and correspondingly equipped is entitled to participate.
However, the organiser or the person acting in its name is entitled to wholly or partially exclude from the event programme a traveller who does not fulfil these prerequisites. In so far as the organiser saves expenses as a result, these shall be paid back to the traveller.
Each traveller is personally responsible for complying with the passport, visa and health regulations that apply.
Until the start of the trip the traveller may demand from the organiser that a third party participate in his place, if the latter fulfils the aforementioned prerequisites. However, the traveller remains the contracting partner and is liable as a joint and several debtor alongside the third party vis-à-vis the organiser for all costs incurred.
§ 4 Performances, compensation and payment conditions
In accordance with Regulation (EC) 2111/2005 of 14.12.2005, the organiser is obliged to inform the traveller upon booking about the identity of the operating air carrier(s). If an operating air carrier has not been determined at the time of booking, the traveller must in so far first be informed about the identity of the probable operating air carrier. As soon as the identity is definitively determined, the traveller will be correspondingly informed. In the event of a change of the operating air carrier after booking, the traveller must be informed about the change as quickly as possible.
The list of air carriers that are subject to an operating ban in the EU („Community list"), can be found here: http://ec.europa.eu/transport/air-ban/list_de.htm
The listed prices are understood to be per person and to include the respective performances set forth in the programme.
Half-board includes dinner, overnight stay and breakfast.
Individual rooms are - in so far as possible - made available at an extra charge. Individuals travelling alone are accommodated with other trip participants.
Special programmes outside the designated routes shall be paid for by the traveller.
Upon receipt of the written travel confirmation and presentation of a risk coverage certificate within the meaning of § 651 h para. 3 BGB, for
a) Alpine tours 10 %,
b) Trekking, ski tours and long-distance trips as well as expeditions 15 %
of the agreed trip price shall be due for payment and must be settled within ten days exclusively by check or bank transfer.
The respective balance shall be due for payment for
a) Alpine tours at the latest 21 days,
b) Trekking, ski tours and long-distance trips as well as expeditions at the latest 30 days
before the start of the trip.
§ 5 Minimum number of participants and rescission right of the organiser
It is necessary to attain the respectively established minimum number of participants in order to implement the offered trips.
If the established minimum number of participants is not attained, the organiser is entitled to rescind the contract, without the traveller being able to put forward claims for compensation. The rescission period amounts to for
a) Tours in the European Alpine region ten days, and for
b) Trekking, ski tours and long-distance trips as well as expeditions at the latest 28 days,
before the start of the trip.
Should it already become evident at an earlier time that the minimum number of participants will not be attained, the organiser must immediately make use of its right to rescind the contract.
Exceptionally, a rescission by the organiser shall be possible until the very start of the trip if weather-related circumstances, such as avalanche danger, jeopardise its implementation. In this case as well the claim of the traveller is limited to the refunding of his payment.
§ 6 Right of rescission of the traveller
The traveller is entitled to rescind the contract at any time. However he is obliged to pay the trip price to the following extent, although he is free to prove that the organiser did not suffer a corresponding damage at all or not in this amount.
1. Events in the Alpine region
a) Up to 35 days before the start of the event: 10 %
b) Up to 25 days before the start of the event: 30 %
c) Up to 15 days before the start of the event: 50 %
d) Up to 7 days before the start of the event: 80 %
f) afterwards: 90 %
2. Trekking, ski tours, ski and long-distance trips
a) Up to 45 days before the start of the event: 10 %
b) Up to 35 days before the start of the event: 30 %
c) Up to 25 days before the start of the event: 50 %
d) Up to 15 days before the start of the event: 70 %
e) Up to 10 days before the start of the event: 80 %
f) afterwards: 90 %
a) Up to 60 days before the start of the event: 20 %
b) Up to 50 days before the start of the event: 30 %
c) Up to 40 days before the start of the event: 40 %
d) Up to 30 days before the start of the event: 50 %
e) Up to 20 days before the start of the event: 60 %
f) Up to 10 days before the start of the event: 70 %
g) afterwards: 85 %
§ 7 Liability
1. Contractual claims for damages
The contractual liability of the organiser to compensate damages that are not bodily injuries is limited to a total of three times the trip price, in so far as the traveller´s damage was not caused by the organiser either intentionally or as a result of gross negligence. This limitation also applies, in so far as the organiser is responsible for damage suffered by the traveller that is not bodily injury only due to the fault of a service provider.
2. Tortious damage claims
For all claims for damages pursued against the organiser for a tortious act that does not rest on intent or gross negligence, the liability for property damages is limited to three times the trip price. These maximum liability amounts apply per traveller and trip respectively.
Every traveller is obliged, in the event of service interruptions within the framework of the legal provisions, to participate in preventing or mitigating any damages.
The traveller is liable for loss or damage to the pieces of equipment provided to him by the organiser. This also applies for activation of ABS backpacks, in so far as this occurs by mistake.
§ 8 Final provisions and jurisdiction
Multiple travellers are liable as joint and several debtors. They grant one another reciprocally power of attorney to give and receive declarations within the framework of the contractual relationship existing with the organiser.
There are no oral ancillary agreements to this contract. Amendments of and supplements to this contract require written form in order to be effective. This also applies for a change or a waiver to the application of this written form requirement.
German law applies exclusively to the contractual relationship, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The traveller may only sue the organiser at its registered office.
For complaints of the organiser against the traveller, the residence of the traveller is decisive. For complaints against travellers or contracting partners of a travel contract who are merchants, legal entities under public or private law or persons who have their domicile or customary place of residence abroad or whose domicile or customary residence is not known at the time of filing of a complaint, the registered office of the organiser is agreed as jurisdiction.
In the event that individual provisions of this contract should be found to be invalid, the validity of the other contractual provisions shall remain unaffected. In this case the contracting parties undertake to adopt a valid provision that comes as close as possible to fulfilling the purpose of the contract and the economic result sought.