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General Trade Conditions

General Trade Conditions of the company of BAFC Sports Management (hereinafter referred to as "BAFC")

1. Concluding a contract on the provision of touristic services

1.1 Together with a notification which can be made in writing, orally, or by phone, the reporting person (hereinafter referred to as "the Client") shall made a binding declaration as to the willingness of concluding a touristic contract with BAFC, based on the offer referred to in the advertising broadcast.  The contract concluded by the Client at the same time binds all participants of the touristic event quoted in the notification, provided the Client made a unequivocal obligation of this type in a separate statement.

1.2 The touristic services contract is concluded upon receiving a notification by BAFC and issuing a confirmation/bill for the performance of touristic services which later are sent to the Client. BAFC reserves the right to correct errors occurring due to writing or computing errors before the commencement of the event.

1.3 BAFC reserves the rights to amend the contract prior to accepting the notification. The most reliable source of the scope of performances shall at all times be the event's completion confirmation. If the content in the confirmation differs from the one in the notification, this means an amendment to the BAFC offer  by which BAFC is bound for the period of 10 days. A contract shall be concluded based on a new offer, provided the Client confirms to BAFC the approval of the new conditions within this date. The acceptance of the new offer shall also be payment of a deposit.

2. Payment

2.1 Along with concluding the contract an advance payment shall be settled in the amount of 50% of the total price, later included in the total price of the event. Payment of the advance shall be immediately upon reception of a confirmation/bill for implementation of the event by BAFC. Payment of the remaining amount shall be within not later than 14 days prior to commencing the event - according to the date of crediting the amount at the BAFC's account. In case of events ordered in the period shorter than 14 days prior to its commencement, the full amount should be paid one-off.

2.2 In case of failure to pay the full amount of liabilities by the deadlines anticipated, the Client shall forfeit his/her right to use BAFC services. If payment for every participant fails to be credited at the BAFC's account in full and in the said deadline, BAFC shall be released from the obligation to organise an event and may seek compensation from the Client.

2.3 Travel documents will be transmitted or sent to the Client upon payment of all costs of the event, by the latest 2 weeks before its commencement.  BAFC shall not be liable for situations in which a delay in issuing travel documents took place due to a delayed crediting of payments.

3. Performances and prices

3.1 Scope of contractual performances stems exclusively from a description of BAFC's services set out in the travel-date-valid advertising prospect or another reliable special announcement, as well as based on the event's implementation confirmation. All secondary arrangements modifying the scope of contractual services for the sake of validity require a unequivocal written confirmation from BAFC. It shall be possible to amend contractual services prior to concluding the contract and upon informing the other party in a proper way.

3.2 The first and last day of the trip purchased, with flight, are intended mainly at rendering transport services.  Flights offered by BAFC, unless proposed otherwise, are planned as direct flights. Due to technical and programme-related issues, a right to stopover shall be reserved. Both direct and non-stop flights for material reasons may be, without informing in advance, changed into flights with a transfer, provided this does not impact the event's programme. BAFC reserves the rights to a short-term modification of flight times, routes, and planes, provided this does not cause a gross delay in arrival or departure. Flight modifications due to material reasons, for which BAFC is not liable, do not authorise event's participants to demand a reduction in the price or seeking compensation from BAFC.

3.3 Descriptions of services and catalogue prices shall cease to be binding for BAFC when a new catalogue of touristic events is published; thereon, the offer specified in the newest catalogue of events shall be binding. In case of discrepancies between the description of services in the touristic catalogue and a special offer, the scope of services specified in the special offer shall be binding, provided the Client chooses an event in a reduced price as specified in the special offer.  All advertising materials of hotels, local institutions, or ships coming from other service providers, are not binding for BAFC.

3.4 Services ordered by the Client directly with other service providers, such as trips, round trips, exhibitions, or sports events are not included in the scope of BAFC's services.

4. Modification to the scope of services and price increase

4.1 Modifications or deviations of individual touristic services from the agreed content of contract which upon conclusion of the contract are required and did not take place at the fault or bad will of BAFC, are allowed only if such modifications are not material and do not impact on the material form of the event's programme. This shall not impact the possibility to seek potential compensation, unless the said services were fulfilled in a defective manner.

4.2 BAFC shall be entitled to raise the event's price up to 20 days prior commencement, if the price raise is due to an increase in transport costs, fees for some services, such as harbour or airport fees, and in case of a change to foreign exchange rates close-by to the said event, provided the period between the date of concluding the contract and fixed date of event's commencement amounts to over 4 months. The scope of changes to the price is specified and limited by the scope of the abovementioned extra costs.

4.3 In case of any changes to the price or other material touristic services, BAFC is bound to immediately and not later than 20 days prior to departure inform the Client about this. If the price increases by more than 5% or in case of material changes to the scope of services, the Client is entitled to waive from the contract without any additional costs or may demand participation in at least a parallel event, provided BAFC is able to offer such an event within his offer, without any additional costs for the Client. In case of modifications to the price or material touristic services, the Client shall immediately declare to BAFC the manner of exercising his right quoted above.

5. Client's withdrawal from the contract, reservation's modifications, replacement of participants

5.1 The Client may at any time before commencing the event resign from the event by submitting a relevant statement to BAFC. The reliable date for submitting a resignation shall be the date of reception by BAFC. We recommend to submit the resignation in writing.  Should the client waive from the contract or participation in the event then BAFC shall be entitled to demand, in exchange for costs incurred to organise a trip and other expenses of a lump-sum for resignation. When calculating the fee for resignation, only costs possible to be economised shall be included, together with the possibility of potentially other use of exempted touristic services. The Client is entitled to prove to BAFC that the latter did not incur losses or that its amount is smaller than the resignation fee calculated.  Resignation costs are incurred also when participants of the event failed to arrive on time as specified in travel documents to the specified departure place. Lump-sum resignation costs in case of individual resignations and group resignations, as well as partial resignations, shall amount to as follows per person:

a. up to 6 weeks before the event's commencement, 50% of the total price,

b. up to 2 weeks before the event's commencement, 75% of the total price.,

c. as of 13th day before the event's commencement, 90 % of the total price

 d. as of 2nd day before the event's commencement and in case of resigning on the day of the event, similarly as in case of not participating in the event, 100% of the total price.

5.2 In case of partial resignation by one or more participants, the Client shall be liable for covering the fees due to partial resignation.

5.3 If within the group reservation one or more participants waive from the contract, then it may happen that apart from resignation-related costs there might be additional costs for other participants, e.g. due to additional payments to single rooms or higher prices connected with lesser occupation of places on the plane and in hotel rooms and apartments.

5.4 BAFC is entitled to seek also higher compensation for loss incurred than as agreed within the lump-sum resignation costs, provided he is able to prove them. The Client is entitled to prove that BAFC's losses incurred after his resignation or failure to attend the event did not occur or their amount was lower than the amount of the resignation fee calculated by BAFC.

5.5 Until commencing the event, the Client may request for his place to be occupied by another person who shall enter into the rights and duties under the touristic services contract. Such modification is possible as long as there is a real possibility to make such an amendment, taking into account the need to re-issue travel documents by BAFC. We should point out that on Saturdays and holidays there is, in principle, no possibility to issue travel documents. BAFC may deny a third party to participate in an event if he/she fails to meet specific conditions of a given event in a sufficient manner or if his/her participation is contradictory to provisions of the law or administration. If a third party takes over contractual rights and duties, together with the Client, he shall be jointly and severally liable before BAFC for covering the event's costs.  Additional costs occurring due to taking over the contract shall be borne jointly and severally by the Client and third party. The Parties agree that the lump-sum amount due to additional costs shall not require a separate BAFC account and shall be borne jointly and severally. The lump-sum additional amount amounts to €40.00 per every person exchanged, provided that total length of stay at the event does not exceed four weeks.

5.6 At the Client's request, upon making a reservation of the event in a specific date being within the scope of the binding offer, BAFC may change the date of departure, target location, purpose, trip's place, type of accommodation, or means of transport (reservation changes). A fee of  €30.00 per person shall be charged for modifications to the reservation in the period of up to 30 days prior to commencing the event, in case of travels by plane, train, bus, ship, car, or another means of transport. Later motions for reservation modification, provided their implementation is possible, can be recognised only as a waiver from the initial travel contract, under provisions in item 5, with a simultaneous reporting of a willingness to conclude a new contract.

5.7 If the event's price for participants is calculated based on the number of nights at the place of accommodation (twin rooms, apartments, etc.), and one of the participants reported resigns from the event then the event's price for other participants is calculated from the start with a recognition of a decreased group number.

5.8 If the event's price does not include insurance against travel resignation outcomes, BAFC definitely recommends to buy-out such an insurance, similarly like an insurance against costs of return to the country, in case of an accident or illness.

6. Waiver and termination of the contract by BAFC

BAFC can waive the contract even prior to the event's commencement or terminate it after it has commenced, in the following cases:

6.1 Without keeping the termination deadline - if the client, even for warnings issued by the organiser, permanently disrupted the event's programme, or if due to his behaviour he breaches material conditions of contract allowing to justly terminate the touristic contract with immediate effect. Along with the contract's termination, BAFC shall hold the right to retain the event's price paid which, however, shall be decreased by the amount of expenses economised and value of unused services which could have been used in another manner. All additional costs of return transport shall be borne by the Client.

6.2 Up to 2 weeks prior to commencing the event - if BAFC unequivocally specified in its offer the need to satisfy the criteria of a minimum number of participants and if the minimum number of participants failed to be reached. If the abovementioned condition was satisfied, BAFC is bound to inform the Client immediately in writing about failure to reach the minimum number of participants and that the event shall not take place. The Client may apply to participate in another parallel event provided that BAFC can offer such an event within the scope of his/her offer, without any additional costs to the Client. If BAFC fails to present such an offer or if the Client has such a wish, he shall be reimbursed with the total amount for the event paid.

6.3 Up to 4 weeks prior to commencing the event - if upon exhausting all possibilities the event's performance by BAFC would be impossible as the number of reservations for such a trip is so low that its implementation and costs incurred therefore would mean that BAFC exceeded the economic-safety limit.  The right to withdraw from the contract by BAFC is provided only when BAFC is not liable for circumstances which could lead to such a situation and when such circumstances can be documented, and moreover he is possible to submit a comparable offer to the Client.  If the Client fails to accept a replacement offer, then he is immediately reimbursed with the event's price paid.

6.4 If the course of the event was hindered, put in jeopardy, or if its implementation was partial due to force majeure, impossible to have been anticipated at the moment of signing the contract, both BAFC and the Client can withdraw from the contract under § 651 item j BGB (Civil Code).

7. Guarantee and liability

7.1 If touristic services specified in the contract failed to be duly carried out, the Client is entitled to seek a relevant compensation  in the said date. BAFC may award compensation in the form of a parallel replacement performance. BAFC may deny a compensation should it require to incur incommensurately high outlays.

7.2 The Client may seek to reduce the event's price (price reduction) in connection with the period of rendering touristic services that are contradictory to the contract. Trip's price shall be reduced in the amount existing on the day of sale and constituting a difference between the value of a full event and value of the event actually performed. A Client is not entitled to a reduction if he failed, at his own fault, to report defects.

7.3 In case of problems with the quality of services rendered, the Client according to statutory provisions is bound to cooperate in order to avoid or minimise any potential damages. The Client is, in particular, bound to forthwith advertise defective services at the service supplier, in order to provide immediate assistance. If the service provider fails to redress the problems forthwith, the Client shall be bound to inform the local travel agency or organiser's representatives about such a fact. If the Client, at his own fault fails to submit a complaint, he forfeits the right to reduce the price and to compensation claims guaranteed under the contract.

7.4 Termination of contract by the Client due to the event's faults, which would substantially reduce its quality, is possible only if both BAFC and its organiser cannot redress it even though the Client fixed a relevant deadline for BAFC and the organiser to redress the said defect.  Such fixing of a date is not required if removal of the defect is impossible, BAFC or the organiser denied to grant assistance, or if a forthwith termination of the contract is justified by the Client's special life situation.

8. Limitation of liability

8.1 Contractual liability of BAFC for defects other than physical bodily injury is limited to the amount of three times the event's price, provided the damage was not caused intentionally or due to a gross negligence.

8.2 A participant taking part in sport and recreation events shall do that at his/her own risk. When using sport facilities, equipment, and vehicle, the participant should check their usability before use. In case of accidents taking place within sport and recreation activities, BAFC shall be liable only when he is immediately responsible for them. Clients at their own sake are recommended to buy-out a non-expensive insurance policy covering unfortunate accidents and baggage loss.

8.3 BAFC shall not be liable for improper performance of services offered only through the intermediary of other service providers (e.g. sport events, theatre performances, exhibitions, etc.).

9. Claims exclusion and statutory limitation

9.1 Claims due to improper rendering of contractual services shall be reported by the Client to BAFC or the organiser within one month as of the event's completion date specified in the contract. Upon the lapse of the said date, the Client may seek compensation only if he/she proves that the impossibility to keep this deadline was beyond his/her fault.

9.2 Compensation due to § 651 item c up to 651 item f BGB (Civil Code) shall expire upon the lapse of one year. The limitation period runs from the date when, according to contractual provisions, the event was completed. In case of negotiations between the Client and BAFC regarding claims or circumstances entitling to submit claims, the limitation period is discontinued until the Client or BAFC deny to conduct negotiations. The limitation period runs again no sooner than 3 months after the end of negotiations.

10. Passport, visa, and health provisions

10.1 BAFC is liable for informing German citizens about binding passport, visa, and health provisions, and about their potential modifications prior to commencing the event. Citizens of other countries are bound to obtain information about passport, visa, and health provisions by themselves from relevant consular corps, and to keep the due deadlines.

10.2 BAFC shall not be liable for on-time issuing and transferring of required visas through appropriate diplomatic corps. Any and all inconvenience stemming from failure to abide the provisions shall be borne by the Client, unless they took place at BAFC's fault due to granting incorrect information or waving from granting information. If due to failure by the Client to respect immigration provisions of individual countries, or if at the Client's fault he/she is not granted a visa in due time, so that he/she cannot participate in the trip purchased, BAFC can charge the Client with costs of resignation.

10.3 Participants should, respectively sooner, inform about specific infectious diseases, protective vaccinations, and other prophylactic means for a given target country.  If required, a doctor's advice should be sought in cases of thrombosis and other health threats. For general information please contact in particular with health care services, experienced doctors specialising in travel and tropical-diseases medicine, travellers-medical information points, or the State Health Education Centre.

11. Ineffectiveness of individual provisions

11.1 Ineffectiveness of any of the provisions herein shall not mean invalidity of its entirety.

11.2 The Client is not entitled to compensate mutual claims when regulating the event's price, unless the claim is indisputable or final.

11.3 Legal liability excludes cases of writing and computing errors.

12. Court competency

The Client can sue BAFC only in a court locally relevant for the company's seat in Weilheim

BAFC Sports Management
Fischerried 51a
D-82362 Weilheim
Telefon: +49 881 – 13 97 241
Telefax: +49 881 – 13 97 242
E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Stand: 01.09.2011