General Terms and Condition (GTC)
Outdoor-Freaks GmbH, Summer-Action
These GTC'S regulate the legal relationship between “Outdoor-Freaks", a service of the company Tomenika Ventures Inc. (hereafter referred to as Outdoor Freaks) and the guest resp. the customer.
Settlement of a contract
By applying, the customer offers to enter a binding contract with Outdoor Freaks. The application can only be made in writing (email is legally binding as well). By the medium of the applicant, it also becomes valid for all persons mentioned in the application including minors*, for whose contractual obligations the applicant is accountable as if he/she is accountable for his/her own contractual obligations. The applicant explicitly accepts such obligation through submitting the application without separate agreement. The contract becomes valid when accepted by Outdoor Freaks. The acceptance is not required to take particular shape. At or immediately after conclusion of the agreement, Outdoor Freaks will surrender a confirmation to the customer.
The contract will be concluded on the basis of this confirmation if the customer accepts within the period of commitment.
* applications for minors always require the legal guardian's written approval, which has to be surrendered at the booked event at the latest. If not provided, Outdoor Freaks reserves the right to bar the minor from the event. All costs related costs are chargeable to the respective minor's legal guardians.
Which services are agreed upon in the contract can be seen from the service descriptions on our website and from the referring details mentioned in the confirmation. The descriptions on the confirmation are binding for Outdoor Freaks. However, Outdoor Freaks explicitly reserves the right to announce alterations to the descriptions prior to settlement of the contract. Customers will certainly be informed of any such changes before booking.
Alteration or deviation of particular travel services from the content of the travel contract that were agreed upon, for the case that they become necessary after settlement of the contract and are not brought about by Outdoor Freaks willingly and against good faith, are only permitted if the alteration or deviation is minor and does not restrict the overall frame of the booked event. Outdoor Freaks is obliged to immediately inform the customer of any alteration or deviation of services. Should the need arise (e.g. due to weather condition), Outdoor Freaks will offer a rebooking free of charge.
All alterations to a contract require written form. If the contract is subject to any changes the customer will receive an amendment to the contract, which has to be signed and sent back like the original contract within the period of commitment. Outdoor Freaks reserves the right to charge an appropriate handling charge (including shipping costs) from the second change of the contract if caused by the customer.
With the settlement of the contract, advanced payment is required. Further payments are due at specified dates, complete payment is due at latest on the date mentioned in the confirmation.
Basically 10% down payment (not less than EUR 20.00) is required within 14 days after the customer received the confirmation (contract). The final payment is due 14 days before the booked event takes place.
Near-term settlement or change of the contract
If the application takes place only a couple of days before the event, the customer is obligated to submit a signed copy of the contract immediately. Due invoice has to be paid by wire transfer and a written proof has to be submitted by either fax or email. If those options cannot be used due to a small time difference (one or two days before the event) the written contract has to be handed over and the fee has to be paid to the tour guide prior to the start of the event. Without payment there is no legal claim for participation.
Rescission or cancellation by Outdoor Freaks
In the following cases, Outdoor Freaks may rescind from the contract before the start of the even or cancel it thereafter:
Up to 10 days before the start of the event: In case that a stated or legally required minimum number of participants is not reached, should the description of the journey mention such a minimum number of participants. In any case, Outdoor Freaks is obliged to inform the customer immediately once a necessity to cancel a journey becomes apparent and surrender the statement of cancellation without delay. Should it become apparent that the minimum number of participants couldn’t be reached at an earlier point in time, Outdoor Freaks is obliged to inform the customer. Should the event be cancelled due to this reason, the customer will receive an alternative offer. In addition, the booking charges will be refunded as a lump sum, should the customer choose not to accept the alternative offer.
Without maintaining a deadline: Should the customer persistently disturb the conduct of the event in spite of a warning from Outdoor Freaks or should he/she act in disagreement with the contract in such a way that the immediate cancellation of the contract is justified. Should Outdoor Freaks terminate the contract, Outdoor Freaks maintains the right to the money charged for the event. The same regulations apply if the customer made false declarations in the application.
The event may also be cancelled without maintaining a deadline, if due to weather conditions (e.g. thunderstorm, heavy rain, high water) there might be a threat to the participants of the event. In such case Outdoor Freaks will make an alternative offer and find an alternative date.
Should the event, due to at the time of contract settlement unpredictable force majeure, become considerably more difficult, dangerous, or otherwise disturbed, Outdoor Freaks as well as the customer may rescind. Should the contract be annulled, Outdoor Freaks may claim reasonable compensation for the services that have been delivered as well as the services that are still to be delivered until the end of the event (according to §471 BGB). Furthermore, Outdoor Freaks is obliged to enable necessary measures for the return of the customer. Any additional costs of a return are to be equally shared by both parties. Apart from that, all additional costs are to be paid by the customer.
Customer's rescission, change in bookings, substitutes
The customer is entitled to rescind from the event any time prior to the start. Outdoor Freaks' receipt of the statement of rescission is decisive. The customer is advised to declare the rescission in writing. Should the customer rescind or not start the event, Outdoor Freaks is entitled to claim compensation for its expenses and event precautions. When calculating compensation, customary potential saved expenses as well as customary possible other uses of service are to be taken into account. Outdoor Freaks can ask for a lump sum compensation in consideration of the following classification according to the timing of rescission in respect of the start of the booked event
up to 21 days prior to the event: 10% or a minimum of Eur 20.00
20 to 3 days prior to the event: 70%
2 days prior to departure to departure day: 100%
We highly recommend to get a travel cancellation insurance upon settlement of the contract.
If due to cancellation of participants from a group the required minimum participants for an event should not be reached, the costs of the cancelling participants will be broken down and charged to the remaining participants of the group.
Up to the start of the event, the customer can demand that a third person may enter into the rights and obligations of the contract in his/her place. Outdoor Freaks may object to the entrance of the third person if that person does not meet the specific requirements for that event or if legal or administrative barriers exist. Should a third person enter the contract, he/she, as well as the customer are liable to Outdoor Freaks as co debtor for the cost of the event as well as the additional costs occurred due to the entry of the third party.
In case of rescission, Outdoor Freaks may claim the additional costs actually occurred from the customer.
Should the customer not use certain services in consequence of early returns or other urgent reasons, Outdoor Freaks will make an effort to refund the saved funds from the respective suppliers. There is no such obligation should the subjects be completely insignificant services or in the case of legal or administrative barriers to a refund
Liability of Outdoor Freaks
Outdoor Freaks is liable due to the diligence of a prudent businessman for
conscientious event preparation
careful selection and the surveillance of the suppliers
correctness of the descriptions of all event services mentioned in the brochures, as far as Outdoor Freaks has not declared alterations in accordance with a.m. paragraph before contract settlement
delivery of the event services that has been agreed upon
Outdoor Freaks is liable for negligence of the person who was to provide the service
Should the event not be delivered according to contract, the customer may admit a claim. Outdoor Freaks may deny that remedy if it requires effort that is disproportionate. Outdoor Freaks may also deliver remedy by providing substitute services of equal value.
Reduction in price
For the duration of a provision of event service not in accordance with the contract, the customer may claim a reduction of the price of the journey. The price is to be lowered in such a proportion as the value of the journey without failures would have been to the value of the actual journey at the time of contract settlement. The reduction will not take place if the customer culpably neglects to report the failure.
Cancellation of the contract
Should an event due to some failure be significantly disturbed and should Outdoor Freaks fail to remedy the situation within an appropriate time limit, the customer may, within the legal framework, terminate the contract. This should, in the customers own interest and for reasons of tangible evidence, be done in writing. The same rule applies to a case in which the event due to a failure, which is important and recognizable by Outdoor Freaks, cannot be expected to be accomplished by the customer. The determination of a deadline is only unnecessary in a case in which remedy is impossible or is denied by Outdoor Freaks or if the immediate termination by the customer is justified because of a specific reason. The customer owes Outdoor Freaks the fees for the part of the event that has been realized, as long as the services received for this part were valuable to him/her.
The customer can demand compensation due to non-fulfilment of the contract regardless of reduction or cancellation. This is not the case if the failure of the journey is caused by circumstances for which Outdoor Freaks is not responsible.
Limitation of Liability
Outdoor Freaks' contractual liability for damages that are not physical injuries is limited to the price of the journey:
As long as the damage to the customer has not been caused purposefully or wantonly negligent
As long as Outdoor Freaks is responsible for the damage solely based on a fault of the provider of the service
For all claims for compensation directed to Outdoor Freaks due to unauthorized action, which has not been caused purposefully or wantonly negligent, Outdoor Freaks will be liable for property damage up to € 4,100. Should the price of the journey exceed threefold this sum, liability for property damage is limited to three times the price of the journey. These maximum amounts each count per person and per journey
Outdoor Freaks is not liable for disturbances in services, people and property damages in connection with services that only are sold as an agency service and that are clearly labelled as outside service in the tour description and confirmation.
A claim for compensation directed at Outdoor Freaks is limited or impossible if international agreements or rules based thereupon obstruct claims for compensation directed at the service provider under certain circumstances or with certain barriers.
Obligation to co-operate
The customer is obliged to, in case of default to cooperate within the framework of applicable laws in order to avoid or minimize potential damages. The customer is specifically obliged to inform immediately the local guides or authorities of his/her complaints. No claims for reduction will be accepted if the customer culpably omits to report a failure.
All participants have to have health and accident insurance.
Outdoor Freaks can not be made liable exceeding comprehensive general liability for any accidents or injuries that are self-inflicted (negligent or intentional)
Outdoor Freaks explicitly points out, that many events (trainings, tours or parts thereof) imply a certain risk. Participation in all events or parts thereof that may imply a potential risk is optional. All participants are always required to maximize safety and to report potential safety defects to the guides.
All instructions and decisions of the guides are binding. Outdoor Freaks explicitly points out that non-compliance or violation of safety standards the customer may be excluded from a part of the event or the event as a whole. Should Outdoor Freaks terminate the contract, Outdoor Freaks maintains the right to the money charged for the event
Events that do not include a full time supervision by a guide (so called partially supervised and individually performed events or tours) the customer acts self-responsible.
In this category the guide will point out potential dangers and particularities of the event or the tour.
Use of material and equipment is subject to conditions for lease. The participant is user of the lease object.
Using Equipment or material without the attendance of the guide or his/her prompt to use it (especially at partially supervised tours and events), and gross violation of obligation to exercise diligence and safety, which lead to loss or theft of material/equipment the respective participant or the participants of the respective group are fully liable.
This applies as well for damages that are caused by the loss or injury towards third parties or Outdoor Freaks.
For replacement of material/equipment the actual price plus transport, loss and shipping will apply.
All liabilities of outdoor freaks are omitted if alcohol, drugs or other controlled substances are responsible for injuries of participants, third persons or tangible assets.
Outdoor Freaks will not assume liability for lost, damaged or stolen items belonging to participants. This applies for items left in a bus, lodging house or camps.
No liability for damages on vehicles or items left in vehicles.
In case of accidents or injuries the participants have to declare the facts and circumstances to Outdoor Freaks within 24 h after the incident. All liabilities expire after 24 h.
No liability for .damaged, lost, dirty or things rendered unusable equipment or pieces of clothing as well as items used by the customer during the tour, course or event (cellphones, cameras, etc.). Except items used on request of the guide, e.g. for prevention of hazards or rescue.
If a participant of a guided tour should lose contact to the group he/she has to wait for a team member of Outdoor Freaks to accompany him/her back to the group. If the guide should not be able to secure the event due to unforeseen reasons, the group has to wait for a representative of Outdoor Freaks. If the participants continue the event without supervision, Outdoor Freaks cannot be made liable for any injuries, loss or damages. In this case rules and obligation of lease of equipment/material apply.
During stays in camps, lodging houses or comparable amenities the participant has to obey to the respective site rules.. Guardians and supervisory staff (especially with youth groups and classes) have to care for observance. Generally the guardians or supervisory staff has to take observe responsibility for the participants of their group (esp. children and teenagers)
If charges or claims of third parties or authorities which were caused by participants are filed against Outdoor Freaks, we will pass on and report those claims and charges to the perpetrator. Outdoor Freaks reserves the right to pass on address data in such case.
Caused by the character of many events, catering might be on a basic level with respect to hygiene guidelines. It can occur that hygienic requirements towards food preparation and culture can not always be met (e.g. cooking over open fire, general food preparation e.g. during survival courses) The participants will prepare their own meals.
Staying in camps or on certain camping sites there might not always be proper sanitary facilities (especially with events and courses of less than 72h).
Exclusion from claims and statutory limitation
All claims directed to Outdoor Freaks based upon non-contractual delivery of the event have to be raised within 48 hours after the contractually planned end of the event if the event is not longer than 72 hours, or within 14 days if the event is longer than 72 hours. Beyond that deadline, the customer can raise claims if he/she, without fault, was hindered from keeping the deadline. Claims of the customer in accordance with paragraphs 651 c to 651 f of the BGB (the civil code of the Federal Republic of Germany have a statutory limitation of one year. The statutory limitation begins with the day the journey should have ended according to contract.) Should negotiations be ongoing between Outdoor Freaks and the customer about the claim or its causes, the statutory limitation freezes until either Outdoor Freaks or the customer rejects further negotiations. The statutory limitation takes effect no earlier than three months after the freeze.
Cooperation with intermediaries, agencies or travel agents
All prices and fees shown in the catalogues, the website or brochures are binding for intermediaries, if the intermediary does not add any additional external service to the offers made by Outdoor Freaks.
Contractual agreements with Outdoor Freaks can override this regulation but always require written form.
For all limited offers, catalogues or detailed information that can be found in the confirmation the described services apply.
Re-selling of our offers is subject to the settlement of a contract including confirmed date between the re-seller and Outdoor Freaks. All publishing of our offers requires our written approval.
Sale of equipment
There is a cancellation fee of 30% of the order value for all cancelled orders of equipment and/or materials.
Ineffectiveness of individual regulations
The ineffectiveness of individual declarations and regulations of the event contract does not entail the ineffectiveness of the entire event contract.
The customer can only sue Outdoor Freaks in its domicile. If Outdoor Freaks takes legal action against the customer, the place of residence of the customer is decisive unless the action is directed towards merchants or persons who have changed their place of residence or whereabouts to another country or whose place of residence or usual whereabouts are unknown at the time the legal action is taken. In these cases, the location of Outdoor Freaks is decisive.
Puchheim, 01. July 2003
Tomenika Ventures Inc.
1145 Peoria St
Sandy Valley, NV 89019