Terms & Conditions
Toros Outdoors - Canoe Camps and Courses
1. Booking and conclusion of the contract
1.1. With the booking (registration), the course or camp participant Toros Outdoors offers the conclusion of a binding contract. This offer is based on the invitation to tender and the additional information from Toros Outdoors for the respective course or camp, as far as these are available to the course or camp participant.
1.2. The booking by the course or camp participant is made using the booking form,
Email or orally.
1.3. The course or camp participant is responsible for all contractual obligations of fellow travelers for whom he makes the booking as for his own.
1.4. The contract is concluded when the declaration of acceptance / booking confirmation is received from Toros Outdoors. It requires no specific form.
Payment
2.1. The prices and services confirmed with the booking apply. Payment is made by invoice by the course or camp participant to a bank account to be specified by Toros Outdoors.
2.2. Upon receipt of the written confirmation, a deposit of 20% of the price is due in any case, but at least € 50 per person.
2.3. The (remaining) payment is to be made 60 days before the start of the event without further request.
2.4. If the down payment or the final payment is not received on time within 7 days of the date of the booking confirmation / invoice or if a bank refuses to settle the payment due and if no payment is made after being requested to do so, Toros Outdoors is entitled to withdraw from the contract. In this case, the cancellation costs (cancellation fees) from section 3 will be charged.
2.5. Registration 60 days or more before the start of the event will only be accepted on the condition that the entire price is due immediately upon receipt of the confirmation. The respective amount due must be paid within 7 days of the date of the booking confirmation / invoice.
2.6. If a bank refuses to settle the payment, a
Processing fee of € 20 per booking will be charged. The course or camp participant reserves the right to prove that no or significantly less damage has occurred.
3. Withdrawal before the start / cancellation costs
3.1. The course or camp participant can withdraw from the service at any time before the start. The withdrawal must be declared to Toros Outdoors at the address given.
3.2. If the course or camp participant withdraws before the start or if he does not start the service, Toros Outdoors loses the right to the price. Instead, if Toros Outdoors is not responsible for the withdrawal or in a case of force majeure, Toros Outdoors can demand appropriate compensation for the arrangements made up to the withdrawal and its expenses depending on the respective price.
3.3. Toros Outdoors has staggered this claim for compensation, ie below
Taking into account the proximity of the time of the withdrawal to the contractually agreed start in a percentage ratio to the price and taking into account usually saved expenses and usually possible other uses of the services when calculating the compensation. The compensation is calculated as follows after the receipt of the declaration of withdrawal from the course or camp participant:
up to the 60th day before the start 20%, at least 50 €
from the 59th to the 30th day before the start 50%
from the 29th day to the day of arrival, in the case of no-show and cancellation after the start 100%
Toros Outdoors reserves the right to deviate from the specified flat rates to demand a higher, specific compensation, provided that Toros Outdoors can prove that the expenses incurred were significantly higher than the applicable flat rate. In this case, Toros Outdoors is obliged to specifically quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the services.
Toros Outdoors recommends purchasing travel cancellation insurance.
4. Withdrawal from Toros Outdoors
4.1 Failure to reach a specified Minimum number of participants, which depends on that
Is a service product, Toros Outdoors is entitled up to 28 days before the start of the contract
to withdraw if the minimum number of participants is indicated in the service tender according to the prospectus and booking confirmation for the corresponding service.
4.2. In the event that Toros Outdoors withdraws, the course or camp participant is entitled to request participation in another service of at least equivalent value, if Toros Outdoors is able to offer such a service from its range at no additional cost to the course or camp participant . The course or camp participant has to assert this right to Toros Outdoors immediately after the declaration of withdrawal. If the course or camp participant does not exercise his right to participate in an equivalent service, he will immediately receive the price paid back.
4.3. Toros Outdoors can withdraw from the contract or terminate the contract without notice if the course or camp participant persistently disrupts the performance of the service despite a warning or if he behaves contrary to the contract to such an extent that the contract is immediately canceled is justified. If Toros Outdoors cancels, it reserves the right to the price; taking into account the value of the saved expenses as well as those advantages that Toros Outdoors gains from another use of the unused services.
5. Cancellation of the contract due to extraordinary circumstances
5.1. If the service is endangered or impaired after the conclusion of the contract as a result of force majeure, both parties to the contract can terminate the contract. If you cancel before the start of the course, the course or camp participant will receive the price paid back. There is no further entitlement. Toros Outdoors can demand a fee for services already provided.
5.2. If the aforementioned circumstances arise after the start, the contract can also be terminated by both sides. In this case, Toros Outdoors is entitled to compensation for services rendered or services to be rendered.
6. Reclassifications
Until the start of the course or camp participant can request that a suitable third party assumes his rights and obligations under the contract. A message to Toros Outdoors is required. This can object to the entry of the third party in place of the registered course or camp participant if the third party does not meet the special requirements or if his participation is contrary to legal regulations or official orders. If a third party takes the place of the registered course or camp participant, Toros Outdoors is entitled to charge a flat rate of 20 € for the processing costs incurred by the participation of the substitute person. The course or camp participant is at liberty to provide evidence that the third party has not incurred or that the costs are significantly lower. For the price and the
The course or camp participant and the substitute person are jointly and severally liable for the costs arising from the entry of the substitute person.
Participation requirements
By booking, the course or camp participant confirms that they will be able to use the tour for the respective tour
to have the required physical and mental condition. The same applies to further requirements of a sporting-technical nature, which can be found in the course or camp announcement. With their booking, the course or camp participant declares that they can swim in calm and moving water. In general, the practice of white water sports as a nature sport is associated with the risk of physical injury. The course or camp participant recognizes this and does what is necessary to avert danger. The instructions of the accompanying kayak instructors and guides must be obeyed. Should a course or camp participant noticeably not meet the requirements or endanger themselves and other participants, Toros Outdoors is entitled at any time to completely or partially exclude them from the event. In this case, there is no entitlement to a reimbursement of the price. As a participant, you are obliged to take out adequate insurance.
Limitation of Limitation of Liability
8.1. The contractual liability of Toros Outdoors for damage that does not result from injury to life, limb or health is limited to three times the price.
a) insofar as damage was caused neither intentionally nor through gross negligence, or
b) as far as Toros Outdoors is responsible for any damage suffered by the course or camp participant solely due to the fault of a service provider.
8.2. Toros Outdoors tortious liability for property damage and financial loss that is not based on intent or gross negligence is limited to three times the price. This maximum liability applies to each course or camp participant and service.
8.3. Toros Outdoors is not liable for service providers for personal injury or property damage in the
Connection with services that are only mediated as external services (e.g.
Transport services from and to the starting point and destination) if these services are expressly identified as external services in the advertisement and the confirmation so clearly that they are not recognizable as part of the service for the course or camp participant.
8.4. The course or camp participant is liable to Toros when lending equipment
Outdoors for all damage that occurred as a result of incorrect, careless use.
8.5. Participation in paddle courses and whitewater camps is the responsibility of the course or camp participant. Toros Outdoors liability is limited to gross negligence and willful misconduct. Injuries and physical damage as a result of driving errors are an inherent part of whitewater sports. In extreme cases, misconduct in white water sports can have fatal consequences. Toros Outdoors cannot be held liable for damage caused by the participant's misconduct. A certain residual risk cannot be completely ruled out, even with careful support from Toros Outdoors. It is recommended that you take out accident insurance and rescue insurance. We also recommend taking out international health insurance including repatriation in the event of a medical emergency.
9. Exclusion of claims and statute of limitations
9.1. The customer must assert claims due to non-contractual provision of the service within one month after the contractually stipulated date of termination of the service. Claims according to §§ 651 c to f BGB (if applicable with regard to the service) from injury to life, body or health, which are based on an intentional or negligent breach of duty by Toros Outdoors or a legal representative or vicarious agent of Toros Outdoors, become statute-barred in two years. This also applies to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by Toros Outdoors or a legal representative or vicarious agent of Toros Outdoors.
9.2. All other claims of the course or camp participant according to §§ 651c to 651f BGB (if applicable with regard to the service) expire after one year.
9.3. The assertion can only be made within the deadline against Toros Outdoors at the address given. After the deadline, the course or camp participant can only assert claims if he was prevented from observing the deadline through no fault of his own. The statute of limitations begins on the day on which the service should end according to the contract. If negotiations are pending between the course or camp participant and Toros Outdoors about the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until the course or camp participant or Toros Outdoors refuses to continue the negotiations. The
The statute of limitations occurs at the earliest three months after the end of the suspension.
Passport, visa and health regulations
10.1. The course or camp participant is responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages that arise from not following these regulations are at his expense.
10.2. Toros Outdoors is not liable for the timely issuance and access of necessary visas if the customer has commissioned him with the procurement, unless Toros Outdoors has culpably violated its own obligations.
Choice of law
11.1. German law applies exclusively to the contractual relationship between the customer and Toros Outdoors. This also applies to the entire legal relationship.
11.2. Insofar as the customer's actions against Toros Outdoors abroad are fundamentally not subject to German law for their liability, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of the customer's claims.
12. jurisdiction
12.1. The course or camp participant can only sue Toros Outdoors at its headquarters.
12.2. The place of residence of the course or camp participant is decisive for legal action by Toros Outdoors against the course or camp participant. For lawsuits against course or camp participants or contractual partners of the contract who are merchants, legal persons under public or private law or persons who have their domicile or habitual abode abroad, or whose domicile or habitual abode at the time the action is brought not known the registered office of Toros Outdoors is agreed as the place of jurisdiction.
12.3. The above provisions do not apply
a) if and to the extent that there are international provisions that are not contractually mandatory
Agreements that apply to the contract between the course or camp participant and Toros Outdoors result in something else in favor of the course or camp participant or
b) if and to the extent applicable to the contract, non-mandatory provisions in
Member state of the EU to which the course or camp participant belongs, for the course or
Camp participants are cheaper than the corresponding German regulations.
13. Dispute resolution / ODR regulation / ADR directive
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
14. Severance clause
If individual clauses of the above regulations should be wholly or partially ineffective, the effectiveness of the remaining regulations remains unaffected. The ineffective regulation shall be replaced by a regulation that comes closest to the meaning and purpose of the ineffective regulation in a legally effective manner. The same applies to possible regulation gaps.
+ Invoice (with prepayment)