MovingMountains

Terms of Services

General Terms and Conditions/Contractual Conditions between

peak2peak consulting GmbH

Stefanienstraße 2A

82041 Oberhaching

Germany

– hereinafter referred to as 'the Provider' –

and

the customer (also referred to as the participant) referred to in § 2 of these GTC.

§ 1 Scope

The following General Terms and Conditions apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time of ordering/booking. Deviating terms and conditions of the customer will not be accepted unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The customer can select Leadership Seminars, Hiking Coachings, Mountain Retreats and other workshops/seminars and services (hereinafter referred to as "Service" or "Seminar") via the "Book now" button on the Provider's website. With the registration, which is accepted by the Provider in a separate registration confirmation, the Provider and the Customer conclude a contract for the service described therein. Before placing an order, the customer can change and view the data at any time.

(2) The Provider shall send the Customer a confirmation of the registration by e-mail, in which the Customer's order is listed again and reference is made to the General Terms and Conditions and Cancellation Conditions. All data is stored in compliance with data protection .

(3) If services are not agreed upon via the provider's homepage as specified in (1), but by means of a separate contract, these terms and conditions shall apply additionally and mutatis mutandis.

(4) The contract shall be concluded in German or English.

§ 3 Prices, Terms of Payment, Cancellation

(1) The prices on the provider's website aimed at private customers are indicated as gross prices including the applicable statutory value added tax for end consumers. The prices that are aimed at companies on the provider's website are stated as net prices plus the applicable statutory value added tax.

(2) Arrival and departure, as well as lunch and dinner are not included in the price, unless expressly regulated otherwise.

(3) The fee for the service is due after receipt of the invoice and is payable by bank transfer to the account of Holvi Bank, IBAN: DE90 1001 7997 0451 3008 73, BIC: HOLVDEB1 of the Provider.

(4) The participant is entitled to withdraw from the contract (cancellation). Cancellation must be made in writing. Cancellation free of charge is possible up to 3 months before the start of the seminar. The date of receipt of the cancellation by the provider is decisive. For cancellations received by the provider later but up to 6 weeks before the seminar, the provider will charge the participant 50% of the seminar fee. In the event of cancellations received by the Provider at a later date, the Provider is entitled to charge the Participant 80% of the seminar fee. In case of cancellations within 1 week, if a participant does not show up for the event (no show), or if he or she leaves the event early, the full seminar fee will be charged.

(5) In the case of events/seminars specially tailored to customer requirements, the following applies:

  • The total amount of the invoice must be received in full at least 5 working days before the event on our account of Holvi Bank, IBAN: DE90 1001 7997 0451 3008 73, BIC: HOLVDEB1. In the case of events in which peak2peak consulting GmbH itself makes advance payments (in the case of larger events, location or hotel bookings), peak2peak consulting GmbH is entitled to invoice an advance payment of between 25% and 50% of the total net amount of the event in advance.
  • Cancellation free of charge is possible up to 3 months before the start of the seminar. For cancellations between 3 months and 8 weeks before the date, 25% of the total amount of the event will be charged. For cancellations received after 21 days before the date, 50% of the total net amount will be charged. In case of cancellations within 21 days or no-show of the group, the full agreed price will be charged.

(6) The statutory right of revocation shall remain unaffected by the provisions of paragraphs 1 to 5.

§ 4 Cancellation of events (withdrawal), termination and exclusion of participants

(1) The provider reserves the right to cancel the seminar up to ten days before the planned date at the latest due to insufficient demand or number of participants or for reasons of force majeure, such as the sudden illness of a speaker, unforeseen weather conditions, due to short-term inability through no fault of one's own or no-show of a leader through no fault of one's own without the possibility of employing a substitute leader. Participation fees already paid by the participant will be refunded in full. The participant will be informed of this immediately. If the event cannot take place only partially, the fee is due according to the ratio of the partial service already provided at the time of the cancellation of the event to the total scope of the contractually provided service, unless the calculation of the partial service provided would be unreasonable for the participant, in particular if the partial service provided is of no value to the participant.

(2) The Provider shall only be liable for damages incurred by the Participant as a result of a cancellation by the Provider under the conditions and within the limits of the provisions of the section "Exclusion and Limitation of Liability" (§ 6 of these GTC).

(3) The Provider is entitled to terminate the contract in the cases referred to in Section 314 of the German Civil Code (BGB). An important reason within the meaning of § 314 BGB exists in particular in the following cases:

  • If there are reasonable doubts about the health suitability of a participant to participate in an event; this applies in particular in the case of physical or mental illnesses, the use of medication or the consumption of drugs or intoxicants that do not exclude a danger to the participant or others;
  • Conduct contrary to community in events despite a prior warning and threat of dismissal of the leader, especially in the event of disruption of the implementation of the event through inappropriate behavior;
  • Defamation of any kind towards the leaders, other participants or the provider and its staff;
  • discrimination against persons on the basis of racial or ethnic origin, sex, religion or belief, disability, age or sexual identity;
  • Misuse of the event for party-political, ideological or agitational purposes.

In lieu of termination, the Provider may also exclude the participant from the event in whole or in part. The Provider's claim to remuneration shall not be affected by such termination or exclusion.

(4) In the case of events/seminars specially tailored to customer requirements, the following applies: If the seminar/event cannot be held due to force majeure, traffic-endangering road conditions, special traffic or weather situations, we are entitled to withdraw from the contract before or during the seminar/event. If the seminar/event has already exceeded half of the booked duration, it is considered to have been completed and must be paid for in full. If the time is less than half of the booked duration, only our expenses incurred up to this point in time are to be reimbursed by the customer. If the event cannot be started for the reasons mentioned above, the previously paid amount will be refunded to the customer. Further claims for damages against us are excluded.

 

§ 5 Reservations of amendment

The Provider is entitled to make necessary changes or deviations in terms of content and organization before or during the event for valid reasons, provided that these do not significantly change the content of the announced event and are reasonable for the participant. Furthermore, the Provider is entitled to replace the intended leaders in case of necessity (e.g. illness, accident and other short-term impediment) with other persons who are comparably qualified with regard to the announced topic, unless the change is not reasonable for the participant.

§ 6 Disclaimer and Limitation of Liability

(1) Claims for damages by the participant are excluded. Excluded from this are claims for damages by the participant due to injury to life, body, health or from the violation of essential contractual obligations or due to non-compliance with a guarantee given by the provider or due to fraudulently concealed defects, as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely.

(2) The restrictions of para. 1 shall also apply to the benefit of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

§ 7 Images, video and photo material at seminars

(1) At the Leadership Seminars, Hiking Coachings, Mountain Retreats, and other seminars/events of the Provider, photos, videos or other portraits may be made for the Organizer's own advertising, which will be published on its website, in flyers and in other advertising materials.

(2) These are not portraits of individuals, but media that reflect the entirety of the seminar and in which the individual is recognizable as a participant.

(3) By booking and participating in the event, the participant assures that she is aware of what is described and, in addition, the provider will obtain the participant's express consent before the start of the event that these photos, videos or other images or sound recordings may be created and published.

(4) If customers do not agree with the images described, this must be reported to the provider.

§ 8 Final Provisions

(1) The contractual relationship between the Provider and the Participant shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.

(As of January 2024)

(2) Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG

(3) The European Commission shall provide a platform for Online Dispute Resolution (ODR), which can be accessed at the following link: http://ec.europa.eu/consumers/odr/

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally unwilling to do so.

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