General terms and conditions
General Terms and Conditions of BALLFREUNDE GmbH,
hereinafter referred to as BALLFREUNDE.
- Registration, confirmation
1.1 With your registration, you offer BALLFREUNDE the binding conclusion of a contract for participation in the desired event. The contract is concluded when we confirm the booking of the event in writing. A confirmation by e-mail is sufficient. Telephone and verbal agreements are only binding when they are confirmed by us in writing.
1.2 The registration is made by the applicant also for all participants listed in the registration/lists, for whose contractual obligations the applicant is liable as for his own obligations.
1.3 With your registration you accept the BALLFREUNDE tournament rules.
2.1 The registration fee is due upon registration and must be paid within the payment period stated on the invoice. This fee is in principle non-refundable.
We expressly point out that the registration fee will not be refunded even if the event is cancelled by an authority or another third party due to a hazard for which BALLFREUNDE is not responsible. The same applies if the sports facility rented by BALLFREUNDE cannot be used for reasons for which BALLFREUNDE is not responsible.
2.2 The participation fee is to be paid as shown in the invoice sent by mail, at the latest eight weeks before the start of the event.
The fees in case of cancellation, processing and rebooking fees are due immediately. The amounts for deposit and balance payment as well as cancellation, if applicable, result from the booking confirmation. Payments must be made in one sum for all registered participants, stating the invoice number provided.
2.3 In the case of bookings at short notice (from eight weeks before the start of the event), the full participant price is due immediately.
2.4 If the final payment date is not met, BALLFREUNDE may withdraw from the existing booking contract after unsuccessful reminder with a grace period and demand withdrawal fees as compensation in accordance with section 4.2. The final information will only be handed out after receipt of the final payment, but at the earliest 14 days before the start of the event.
The services to be provided by BALLFREUNDE result from the General Information. Deviations from this require written agreement.
- Withdrawal by the participant(s), cancellation fees
4.1 It is possible to withdraw from the participation at any time before the start of the event (taking into account possible costs according to section 4.2). The date of receipt of the notice of withdrawal by BALLFREUNDE is decisive. The declaration of withdrawal from the event must be made in writing. Cancellation by email is not sufficient. If a participant/co-traveller withdraws or if the journey to the event is not commenced for reasons (with the exception of cases of force majeure regulated under clause 10) for which BALLFREUNDE is not responsible, BALLFREUNDE can demand reasonable compensation for the arrangements made and expenses incurred. When calculating the compensation, usually saved expenses and a usually possible alternative use of the event services are to be taken into account. You are at liberty to prove that no costs or significantly lower costs were incurred in connection with the cancellation or non-commencement of the trip than the costs shown by us in the flat rate (see 4.2).
4.2 The following costs are generally payable in addition to the processing fee of 25,- Euro per booking transaction in the event of withdrawal (also of individual persons) from the event:
- up to 90 days before the start of the event: no further costs
- from the 89th to the 31st day before the start of the event: 40% of the
Participant price (per person)
- from 30 to 16 days before the start of the event: 60% of the participant price (per person)
- from the 15th day before the start of the event: 90% of the participant price (per person)
- in case of no-show at the beginning of the event: 100% of the participant price (per person)
4.3 On request, BALLFREUNDE will, where practicable, make a one-off change to the number of persons on the booking by 10% (rounded up to the next full number of persons) free of charge.
This regulation only applies up to eight weeks before the start of the event.
For any further changes to the booking confirmation, BALLFREUNDE reserves the right to charge an additional processing fee of 25,-EUR per transaction.
Changes to the number of persons in the booking by more than 10 % (rounded up to the next full number of persons) are only possible with the consent of BALLFREUNDE.
The same applies to changes in the number of persons in the booking within the period of eight weeks until the start of the event.
4.4 Cancellations by individuals may result in the loss of discounts/package prices for the Association.
4.5 BALLFREUNDE recommends taking out travel cancellation insurance.
- Withdrawal and termination by BALLFREUNDE
5.1 Cancellation of the tournament due to force majeure / Covid-19
BALLFREUNDE assumes that all tournaments will take place as usual. In the unlikely event that this is not possible, BALLFREUNDE will cancel the tournament.
A cancellation is made precisely when the competent authorities prohibit the hosting, there is a travel ban or there is an official travel warning for the region concerned.
In this special case, BALLFREUNDE will refund the entire paid-in participant price without deductions without delay.
5.2 Conduct in breach of contract
BALLFREUNDE may terminate the contract without notice if the participant persistently disrupts the implementation of the event despite a warning by BALLFREUNDE or if he/she behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. If BALLFREUNDE cancels the contract, BALLFREUNDE retains the claim to the participation fee less the value of the saved expenses as well as the saved benefits resulting from an alternative use of the services not used.
- Tour guide
The group must be led by three adult persons. At least three adults must always be present during the event to accompany the group. The tour leader(s) shall be liable for any damage caused by the fault of one or more persons of the group to the property of third parties with whom BALLFREUNDE has a contractual relationship (such as hotel owners and transport companies).
- Travel time
The duration of the trip is given in whole days. The day of arrival and the day of return are considered whole days.
- House rules
In accommodation where there are house rules, such as schools, youth hostels, but also hotels, these must be observed.
- Sports programme
The organiser and BALLFREUNDE reserve the right to change the programme if there are justified reasons to do so. BALLFREUNDE accepts no liability for the non-execution or incomplete execution of the programme as a result of circumstances beyond the control of BALLFREUNDE.
- Liability, exclusion of claims and limitation of actions
10.1 Contractual liability for damages other than bodily injury is limited to three times the participant's price (per person), insofar as damage to the participant was caused neither intentionally nor by gross negligence or we are responsible for damage incurred by the participant solely due to the fault of a service provider. Legal regulations limiting or excluding liability, which are based on international agreements and which a service provider used by us can invoke, also apply in our favour. For all claims for damages in tort against BALLFREUNDE which are not based on intent or gross negligence, liability for property damage is limited to the amount of three times the participant price (per person and event).
10.2 BALLFREUNDE is not liable for service disruptions, personal injury and property damage in connection with third-party services that are merely arranged and expressly identified as such in the advertisement (e.g. excursions; tours, visits to parks and other leisure facilities).
10.3 BALLFREUNDE is generally not liable in the event of force majeure.
10.4 Participation in sports and other recreational activities is the responsibility of the participants and fellow travellers. You should check sports facilities, equipment and vehicles before using them. BALLFREUNDE is only liable for accidents that occur during sporting events and other leisure activities if the company is at fault. BALLFREUNDE recommends that you take out accident insurance.
10.5 Each participant/co-traveller is obliged to cooperate within the framework of the legal provisions to avoid or minimise any damage in the event of disruptions to performance. Defects and disruptions are to be reported immediately to the BALLFREUNDE staff on site, BALLFREUNDE recommends the written form. If a participant/co-traveller fails to comply with this obligation through his/her own fault, he/she shall not be entitled to any claims in this respect.
10.6 BALLFREUNDE staff on site are not authorised to accept claims of any kind. Claims of any kind are to be submitted to the respective management authorised representative of BALLFREUNDE on site. BALLFREUNDE recommends the written form.
10.7 Claims for non-contractual provision of the booked event must be asserted with BALLFREUNDE within one month after the contractually intended end of the event. We recommend the written form. After expiry of the deadline, you can only assert claims if you were prevented from complying with the deadline through no fault of your own. Your claims arising from this contract are subject to a limitation period of one year, expressly deviating from the statutory regulation. The limitation period begins on the day on which the event should end according to the contract.
- Exclusion of participation
If it becomes apparent that a participant behaves in such a harassing manner that the relationship between BALLFREUNDE and the service provider (e.g. transport, accommodation, organiser) is seriously jeopardised as a result, the participant in question can be excluded. If the excluded participant is a minor, the contractual partner must ensure that the excluded participant, accompanied by an adult authorised to supervise him/her, leaves the venue of the event immediately and is returned to the starting point of the trip at his/her own expense.
BALLFREUNDE will assist, but additional costs are to be borne by the contractual partner in all cases. This regulation also applies to teams and clubs. If there are no three adult supervisors available for the remaining group for further supervision, the group as a whole must leave the event at its own expense.
When registering for a trip, it is assumed that the board of the participating club and the tour leader(s) agree to the general travel conditions and that all obligations with BALLFREUNDE are fulfilled by a person authorised to do so. We recommend taking out appropriate insurance.
- Final provision
The terms and conditions apply to all agreements between BALLFREUNDE and the contractual partner, irrespective of the domiciles of all parties involved and the place where the contract came into being as well as the place where the service is to be provided. All groups using the services of BALLFREUNDE are equated with sports clubs.