General terms of contract of Atracktive

a.      The websites www.atracktive.com and www.atracktive.de contain an enrolment form for mountain-bike (MTB) tours and/or seminars on the techniques for handling these vehicles. The different tours and seminars are described in the website. Once the participant has completed the form and sent it by clicking on “submit enrolment”, he/she has proposed to stipulate a contract with Atracktive. The participant may also submit the offer by telephone or in writing. The participant may modify the information before sending it by clicking on “cancel” and returning to the enrolment form.

b.      For online enrolment, Atrackive sends an e-mail confirming access to the data (reservation confirmation). Atracktive accepts the participant’s offer by sending written confirmation of his/her participation, whereby the contract goes into effect. The contract is not saved and cannot be retrieved.

c.      The object of the contract (duration, price, tour details, etc.) is the individual offer described on the Atracktive website. The basic aspects are also listed in the confirmation of participation. There are generally no variations with respect to Atracktive’s described offers. However, Atracktive reserves the right to modify the service for objectively justified and unforeseen reasons (e.g. weather conditions, inaccessible routes, etc.), in which case Atracktive will inform customers as soon as possible.

d.      Outsourced services are not expressly the object of the contract, with the exception of services that are not acknowledgeable by the customer as contracted services.

e.      Atracktive does not provide equipment (MTB, protective gear) and does not make travel arrangements. Consequently, the participant is responsible for these aspects. For overnight accommodation needs, Atracktive strictly offers recommendations or acts as an intermediary with accommodation facilities, which Atracktive will expressly indicate in such cases.

f.       Atracktive has the right to outsource services.

2. Payment

a.      The participant will pay the amount due for Atrackive’s services by bank transfer or in cash before the start of the tour / seminar. The amount must be paid upon stipulation of the contract. If payment is not made at least fourteen (14) days before the service is provided, Atracktive has the right to deny service and/or terminate the contract.

b.   In the event of contracted services, Atracktive may act as an intermediary for payment, in which case the participant will expressly be informed. If the amount is paid to Atracktive, the participant is exempted from the obligation to pay the parties from which such services are contracted.

3. Withdrawal, replacement

a.      The participant may withdraw from the contract at any time, in which case, Atracktive will refund the amount paid. However, Atracktive may request compensation for preparations that have already been undertaken and expenses that have already been borne. The amount of the compensation depends on the price of the service, how much Atracktive saves as a result of the participant’s withdrawal, and how much Atracktive can earn otherwise. Atracktive will calculate the amount concretely or abstractly according to the following flat rates:

·         withdrawal from fourteen (14) to seven (7) days before the start of the tour, fifty per cent (50%) of the price;

·         withdrawal six (6) days before the start of the tour, seventy per cent (70%) of the price;

·         withdrawal on the starting day of the tour, ninety per cent (90%) of the price.

         If a customer ceases his/her participation beforehand for reasons that are not attributable to Atracktive, he/she will not have the right to a refund of the amount paid. Atracktive recommends that participants purchase travel insurance to cover cancellation costs.

b.      Before the start of the tour, the participant may ask to have someone else (substitute) take his/her place in the contract and participate in the service, as long as the substitute meets the requirements for participating in the tour. The substitute and the original client are liable to Atracktive as joint and several debtors for the cost of the tour and any additional expenses tied to participation. Atracktive may turn down the request to have a substitute participate if said person does not meet the requirements for participating in the tour (see below).

c.      In the description of the service Atracktive expressly mentions the minimum number of participants. If this number is not reached, Atracktive has the right to withdraw from the contract. The deadline for withdrawal due to an insufficient number of participants is expressly indicated on the confirmation of participation. Atracktive will immediately refund the participation fees that have already been paid. Atracktive shall be held harmless from any other claims.

4. Participation and execution

a.      Atracktive lists the participation requirements in the description of the service, particularly with regard to the participant’s physical condition and equipment such as protective gear (participant requirements).

b.      The participant is responsible for his/her safety, especially with regard to his/her ability to handle the MTB, use protective gear – with particular reference to the bike helmet  – and meet the participation requirements. Evaluation of physical condition and observance of safety regulations is the personal responsibility of each participant. The participant is required to inform the guide of any physical problems or other aspects that involve him/her.

c.      Atracktive is authorized to give safety instructions during the tour or seminar. Atracktive is authorized to bar from the tour / seminar, wholly or in part and effective immediately, any participant who does not meet the participation requirements (particularly regarding the ability to handle the MTB, the use of protective gear and other aspects) or fails to follow the guide’s objectively justified instructions that may be required to ensure the participant’s safety or that of others. In this case, the participant may not claim a refund of the participation fee. The same holds true for a participant who continues to disturb in a grave manner the tour / seminar despite being warned.

5. Assistance

For questions or suggestions, or to deal with problems related to the enrolment procedure, contact Atracktive at info@atracktive.com.

6. Liability 

a.      Atracktive is responsible for the meticulous preparation, and the correct and thorough performance of the service. Atracktive is not liable for contracted services acknowledgeable as such.

b.      Atracktive is not liable for the participant’s inadequate physical condition; defects, damages or loss of the participant’s equipment; or the participant’s violation of any rules of conduct (highway code, etc.). The organizer’s contractual and tort liability in terms of damages for anything other than personal injury is limited to three (3) times the agreed price in cases in which the participant’s damages have not been caused by Atracktive intentionally or as a result of gross negligence. The participant is required to inform the guide immediately in the event of damages or loss.

c.      The warranty is regulated by the legislation in force. In the event of any disturbance of service, the participant is required to collaborate in order to prevent or minimize damages.
Any objections regarding the tour / seminar must be made by the participant on site in order to give Atracktive the opportunity to address and remedy them.

d.      Any complaints must be submitted within one (1) month after the trip. The period of prescription for the right to file a claim is two (2) years.

e.      Atracktive has no custody obligations for participants who are minors.

7. Data protection

Atracktive collects only the data strictly necessary for stipulating and executing the contract. Personal data are transmitted to third parties only if necessary for said purposes (e.g. to the hotel for which Atracktive has acted as an intermediary). Atracktive acts in compliance with federal German law for the protection of personal information.

Information on the right to withdrawal:

Right to withdrawal

In the event of withdrawal, the services that have already been enjoyed by the parties must be reimbursed, along with any derivative benefits (e.g. interest). If the party to the contract is unable to return to Atracktive the enjoyed service, wholly or in part, he/she will be required to pay a reimbursement. Reimbursement of paid sums must be made within thirty (30) days. The term goes into effect upon submission of the statement of withdrawal by the party claiming this right and its receipt by the other party.

8. Various and sundry (severability clause, place of jurisdiction)

The invalidity of one or more clauses of the GTC does not invalidate the remaining clauses of the contract. In this case, the parties undertake to replace the invalid clause with one that most closely approximates the presumed intent of the parties or the laws in force.

The court of competent jurisdiction, insofar as legally admissible, shall be Göttingen.
The language of the contract is English.