The general terms and conditions of Out of Bounds for its customers
The following general terms and conditions of OUT OF BOUNDS apply to all registrations or bookings made via our online platform or by telephone or personal registration between participant and Out of Bounds.
Women and men – if no gender-specific form of address has been created – are meant equally.
These terms and conditions also apply to all vicarious agents of Out of Bounds (mountain guides, snowboard instructors, course leaders, experts, other vicarious agents).
Likewise, these General Terms and Conditions are the basis and only valid conditions for participation in courses and the use of our offers.
With a registration/booking you accept these general terms and conditions.
The registration/booking can in principle only be made online. The registration/booking is binding. If a registration is received by telephone, verbally or by email from Out of Bounds, these terms and conditions apply exclusively.you will receive a registration confirmation by email. Places are allocated in the order in which registrations are received. You will receive a confirmation (in writing or by email) about one week before the event can take place.
Please note that a booking on a waiting list is not a binding booking.
Customer is responsible for ensuring that his contact details are up to date.
The booking is not valid until the payment due has been received in full on the account of Out of Bounds or has been irrevocably settled via one of the offered forms of payment.
Out of Bounds is entitled at any time to refuse the customer the participation in the event if no or no timely payment has been irrevocably received by Out of Bounds.
Our claim to the participation fee remains unaffected. Out of Bounds disclaims any liability for any costs incurred or claimed by the customer in this case.
Cancellation of events by Out of Bounds
Out of Bounds is entitled at any time to postpone dates or times, or, in case of alpine hazards, unfavorable external conditions, illness or impediment of vicarious agents, too few registrations, to cancel event and thus unilaterally withdraw from the contract. In this case you will be informed by email at least 5 days before the course starts. All payments already made will be refunded. Beyond that, there are no further claims of the customer or out of bounds whatsoever.
Cancellations and cancellations by customers
Cancellation on your part must be made in writing (email to info@outofbounds ) to Out of Bounds and the following fees will be charged:
- up to 30 days before the beginning of the course: 20% of the course fees (but at least EUR 25.- administration costs),
- up to 14 days before the start of the course: 50% of the course fees,
- up to 13 days or less before the start of the course: 100% of the course fees.
If costs for hotel stays, travel and/or material have already been incurred, Out of Bounds shall be entitled to invoice these in full or to offset any advance payments received (right of retention). We recommend that you take out travel cancellation insurance.
Cancellation fees are waived if a substitute participant is found. In this case, only administration costs of EUR 25.00 will be charged.
For the processing of refunds and cancellations, Out of Bounds may apply a time limit of 60 days due to the longer duration of settlements with alpine lodging establishments, insurance companies, rescue organizations and other service providers. If settlement is not possible within this First, customer has the right to demand an appropriate partial payment. The cut-off date is the date -end of the course or offer.
If the customer independently requests a program change during the event – for whatever reason – or no longer participates in the agreed program, the customer has no right to a refund or price reduction. Leaving the program independently can only be done under the approval of Out of Bounds’ vicarious agent. Any costs for hazard-free descent and or transportation are to be borne by the customer.
Hazard warnings and increased risk in mountain sports
Mountain sports are generally subject to an increased risk of accidents and injuries, which cannot be completely ruled out even with careful preparation.
This residual alpine risk is known to the customer and he assumes liability in this regard.
The customer acknowledges that the contents announced in the tour requirements and equipment lists are part of the contract. If a customer is obviously not able to meet these requirements and thus endangers the safety or the goals of the other participants, Out of Bounds is entitled to exclude the customer from the event at any time – while retaining its claims. This also applies to actions of the participant contrary to the instructions of Out of Bounds. Any salvage or additional costs shall be borne by the participant.
The participant is obliged to inform Out of Bounds about any impairments (e.g. illness) before the start of the tour.
Participation fees are due immediately unless otherwise agreed in writing.
Payment can be made online in the booking system or by bank transfer, which is free of charge for Out of Bounds.
If online payment is no longer possible by the deadline, the participation fees must be paid in cash in advance or on the first day of the event (no credit card payment possible).
Participation fees are to be paid by companies within 3 days after invoicing.
In case of collective registration (one person registers several persons): The registering person is liable for the entire participation fees.
In the event of late payment and/or non-payment, Out of Bounds is entitled to collect 8% interest on arrears, collection costs and any court fees from the customer.
Vouchers and discount coupons
Vouchers purchased through the Out of Bounds booking system are in principle only valid after receipt of payment. Vouchers must be redeemed within one year of purchase. If Out of Bounds increases prices for the courses or events in the meantime, the difference must be paid by the customer. If the courses are no longer in the program due to organizational or other reasons, Out of Bounds has the right to offer another course at any time. If the customer does not accept this rate, the right to conversion or repayment is forfeited.
Issuance of discount coupons or discounts through Out of Bounds’ distribution partners or Out of Bounds itself will be on the terms stated. If the customer is unable to provide proof of eligibility, the discount will automatically expire and the customer will be required to pay the difference to Out of Bounds prior to the start of the course.
The recognition and ranking of the vouchers and discount coupons will take place after the arrival of the payment by the customer at Out of Bounds. If the available places are fully booked, or the voucher campaigns have expired, the customer’s entitlement to a discount is forfeited.
Missed parts of an event
Missed parts of an event can generally not be made up. In principle, no pro rata refunds of course costs are possible due to missed parts of a course.
Out of Bounds is covered by liability insurance.
Personal accident and salvage insurance coverage during the event is the responsibility of the participant. For all events organized by Out of Bounds or its agents, any liability for recovery costs is excluded. This also applies to alleged or incurred intangible property damage and/or other costs of the customer. We strongly recommend insurance for recovery costs. This can be taken out with the alpine clubs.
Liability of Out of Bounds
The liability of Out of Bounds and its vicarious agents is limited to gross negligence and/or intent. We exclude liability for slight negligence. If rental equipment is arranged by Out of Bounds, the respective rental company is liable for the safety of the equipment. In any case, Out of Bounds declines any liability for personal equipment of the participants.
By registering, you agree that the provider may use your data (personal data, booked events, etc.) for its own purposes (advertising, information about new offers, etc.). During the events, picture and film recordings are made of the participants. The participants agree to a free use of these recordings by Out of Bounds on their internet platforms and advertising material – unless the participant objects to this use in writing before the start of the tour.
The Provider will only share your information with third parties who work with Out of Bounds to host events and provide services to Out of Bounds and the Customer. (rental companies, cable cars, sporting goods retailers, etc.) The customer agrees to this use.
Program and price changes
Program and price changes as well as changes in the general terms and conditions are reserved out of bounds. Program changes may be announced by Out of Bounds at any time, even on the day of the event. This may be for organizational and/or conditional reasons. If advertised summits, destinations or program contents are not feasible, the customer has no right of withdrawal or right to price reduction. If the duration or character of the event is unilaterally and significantly changed without the consent of the majority of customers and without justification by Out of Bounds (alpine hazards, weather, illness or failure of the vicarious agent, traffic situation, ..), the customer has a right to reasonable price reduction.
German law applies to all legal relationships with Out of Bounds. The place of jurisdiction is the competent court at the registered office of Out of Bounds.
Oberstdorf, on 01.04.2015