§ 1 SCOPE OF THE GENERAL TERMS AND CONDITIONS
(1) ERLEBNISREICH GmbH, with its registered office at Essenheimer Strasse 26A, 55270 Ober-Olm (hereinafter referred to as "Operator"), operates the following climbing gyms:
Hapik Mainz: Athener Allee 10 in 55129 Mainz
Hapik Frankfurt: Am Häuserbach 2, 61184 Karben
(2) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Operator on-site, in writing or online at https://www.hapik.de.
(3) A consumer within the meaning of these regulations is any natural person who concludes a legal transaction for private purposes. An entrepreneur is any natural or legal person who acts in the exercise of their professional or commercial interests when concluding a legal transaction.
§ 2 CONCLUSION OF CONTRACT
(1) Tickets and vouchers for the climbing gym can be booked and/or reserved on-site or via the online shop (https://www.hapik.de/online-booking).
(2) TICKET and VOUCHER PURCHASE: The Customer's order for tickets and vouchers from the Operator via the online booking portal or in person on-site is an offer to conclude a contract. The contract for the purchase of tickets or vouchers is concluded between the Customer and the Operator as soon as the Operator declares its acceptance of the Customer's offer. Acceptance is declared immediately: for online orders either by sending an electronic ticket or voucher or by a corresponding confirmation at the end of the purchase process, and for on-site orders by handing over the tickets. Upon acceptance of the offer, the corresponding purchase price claim against the Customer becomes immediately due for payment.
(3) TICKET RESERVATION: Alternatively, subject to sufficient availability, the Customer can use the "Reserve" function in the online shop to make a binding reservation. The tickets can then be collected on-site upon presentation of the reservation number against payment.
§ 3 PAYMENT TERMS
(1) On-site, the Customer can pay in cash or with an EC card or credit card (VISA, Mastercard and AMEX).
(2) Payment for online orders is made via PayPal, Mollie, ApplePay or credit card (VISA, Mastercard and AMEX).
§ 4 REGISTRATION
§ 5 CANCELLATION AND WITHDRAWAL
(1.1) Since the Operator offers services in the field of recreational activities when selling tickets, there is no 14-day right of cancellation for ticket purchases (§ 312g(2)(1)(9) BGB (German Civil Code)).
(1.2) For voucher purchases, consumers have a 14-day right of cancellation and the following cancellation policy applies:
Right of cancellation
You have the right to cancel this contract within fourteen days without stating any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the last goods. To exercise your right of cancellation, you must inform us by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the attached model cancellation form for this purpose, but this is not mandatory.
55270 Ober Olm
To comply with the cancellation period, it is sufficient to send your notification that you are exercising the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we will refund you all payments we have received from you, including the costs of delivery (except for additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery we offer), without undue delay and no later than fourteen days from the day on which we are notified of your decision to cancel this contract. We will make this refund using the same means of payment you used for the original transaction, unless you have expressly agreed otherwise; in no case will you be charged any fees for this refund. We may withhold a refund until we have received the goods back or you have supplied evidence of having returned the goods, whichever is earliest.
You must return the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you notify us that you are cancelling this contract. The deadline is met if you send back the goods before the fourteen-day period has expired. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods that results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
MODEL CANCELLATION FORM
(If you want to cancel the contract, please fill out this form and send it to the Operator)
55270 Ober Olm
I/We (*) hereby cancel the contract that I/we (*) concluded for the purchase of the following goods (*) / the provision of the following services (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notified in paper form)
(*) Delete as appropriate.
(2.1) The Customer is entitled to withdraw from the contract before the agreed start of the service. In the event of withdrawal, the Customer is required to make the following payments to the Operator:
From the implementation/ticket costs, the following are payable:
for withdrawal up to 48 hours before the start of the service: 0%
for withdrawal less than 48 hours before the start of the service: 50%
for non-attendance on the same day: 100%
(2.2) The start of the service is considered to be the start of events or the booked climbing time.
(2.3) Withdrawal must generally be made in writing, for example by post (ERLEBNISreich GmbH, Essenheimerstrasse 26a, 55270 Ober Olm) or email (email@example.com or firstname.lastname@example.org). The date the withdrawal declaration is received by the Operator is the key date for calculating the deadline.
(2.4) The withdrawal payments have been determined taking into account the typically saved expenses. Both contracting parties are free to prove higher or lower damage.
(2.5) In the event of cancellation, interruption or modification of the implementation of the event due to circumstances demonstrably outside the Operator's control, such as force majeure (in particular terrorist acts, assassinations, threats of assassination, war, civil war, warlike events, strikes, lockouts, industrial unrest, riots and/or internal unrest, severe weather, high or low water, flooding, pandemics/epidemics), the parties are relieved of their respective contractual obligations. The Customer's right to a refund is governed by statutory provisions. Each party will bear its own costs. Any claims for damages or reimbursement of expenses are excluded.
§ 5 RIGHT TO USE
(1) The use of the climbing facility and the Operator's offers are subject to a fee.
(2) The prices for use result from the currently valid price list and refer to the respective specified duration of the use of the facilities ("activity time").
(3) The wristband received at reception constitutes a valid entrance ticket. This must be shown at all times during the visit.
The activity time includes approximately 30 minutes for safety instruction and harness fitting, and otherwise extends to 60 minutes of free time in the climbing area.
(4) The facilities and equipment in the climbing gym ("climbing facility") are reserved for users from the age of 4, with a minimum weight of 10 kg and a maximum weight of 120 kg. The climbing facility may only be used with a fitted and properly adjusted climbing harness. The user guarantees not to suffer from any disease or mental or physical impairment that could pose a danger to their own health or others. Pregnant women are advised against using the climbing facility.
(5) Children up to the age of 12 may only use the climbing facility under the supervision of a parent or another authorised adult, who has the responsibility to ensure the child's correct use of the safety system.
(6) Adolescents from the age of 12 may use the climbing facility alone only after presenting a corresponding written declaration of consent from their legal guardian. The form specifically for this purpose is available at the cash desk and can be downloaded from the website or sent by post or fax on request.
(7) Groups of minors must be accompanied by an adult group leader who is authorised to supervise them. The adult group leader is responsible for obtaining the consent of all legal guardians of the minor group members before they use the climbing gym.
(8) Unauthorised use of the climbing facility and violation of the house rules (§ 8) will be punished with a fine of €50.00. The assertion of further claims – especially for compensation for damages, additional usage fees, immediate expulsion from the climbing gym and a ban from the premises – remains reserved.
§ 6 LIABILITY
(1) The use of the Operator's offers involves risks and is at your own risk and responsibility.
(2) Climbing is a risky sport and therefore requires a high degree of caution and personal responsibility. The extent of this responsibility is particularly determined by § 7, which every user must observe.
(3) Every user must show the utmost consideration for other users and refrain from anything that could endanger themselves or others. Every user must anticipate being endangered by other users or falling objects and take appropriate precautions under their own responsibility.
(4) The Operator is not liable for damage caused by climbing in the climbing gym or otherwise related to visiting the climbing gym or during climbing courses. However, this does not apply to claims for breach of essential contractual obligations and/or in cases of intentional or gross negligence by the Operator (and its agents). Under no circumstances is the Operator liable for unforeseeable or remote damage. Liability for culpable injury to life, limb and health remains unaffected.
(5) Any damage must be reported to the reception staff for recording immediately and before leaving the climbing gym.
(6) Parents and guardians are liable for their children or persons entrusted to them. Children face special risks in the climbing gym, especially while climbing, for which parents or other guardians must take appropriate precautions under their own responsibility. Children must be supervised throughout their time in the climbing gym. Playing in the climbing gym is prohibited. Children under 4 years old are not allowed in the gym.
In groups consisting of several minors and school classes, the adult group leaders are responsible for ensuring that all group members adhere to the Operator's General Terms and Conditions in all respects.
We strongly recommend that each adult group leader supervises a maximum of 4 minors, especially during children's birthday parties in the climbing gym.
(7) Personal care must be taken of clothing and brought items. No liability is accepted for loss or theft. This also applies to items stored in lockable lockers and compartments, especially valuables.
§ 7 SAFETY BRIEFING
(1) Every user must participate in a safety briefing before using the climbing gym.
(2) All instructions and decisions of the Operator and/or its staff are binding. Participants who violate or disobey instructions from the Operator and/or staff can be excluded from using the offers without a refund of the entrance fee and/or be banned from the premises. The Operator is not liable for any damage associated with such violations or disobedience of instructions from the Operator and/or staff.
(3) Areas marked as closed must not be entered or climbed.
(4) Artificial climbing holds can become loose or break unexpectedly, endangering or injuring the user and others. Falling climbing material should always be expected. Loose or damaged holds, carabiners, etc. must be reported immediately to the Operator and/or staff.
(5) Participants may not reattach, alter or remove steps and holds.
(6) The climbing facility must only be used while wearing sports shoes. Climbing barefoot or in socks is prohibited.
(7) Users must never be unsecured on the climbing wall. It is strictly forbidden to enter the climbing facility without being secured.
§ 8 HOUSE RULES
(1) The climbing gym must be kept clean and treated with care. Rubbish must be disposed of in the bins provided.
(2) It is prohibited to bring animals into the climbing gym.
(3) Bicycles may only be parked outside the climbing gym and must not be brought inside.
(4) Open flames are prohibited in the climbing gym. Smoking is prohibited throughout the climbing gym (climbing area, bistro, briefing room, stairwells, changing rooms), especially while wearing a climbing harness.
(5) Jackets, bags, backpacks, etc. are not allowed in the climbing area. The use of drinking bottles, glass bottles, glasses, porcelain dishes, etc. in the climbing area is also prohibited. Unauthorised items may be confiscated by staff.
(6) The Operator's management and its authorised representatives have the right to eject people from the climbing gym. Their instructions must be followed.
(7.1) The consumption of food and drinks brought into the climbing gym and catering by a delivery service are generally not permitted.
(7.2) The exceptions to this are groups that have booked the "Birthday Package M" in advance. Participants of such a birthday group are allowed to cater for themselves with food and drinks they have brought along. However, catering by a delivery service at the climbing gym is also prohibited in this case.
(8) Intentionally caused damage will be repaired at the perpetrator's expense. Users must bear the cost of any damage they cause. Users are liable to the Operator for wilful and grossly negligent damage and contamination.
§ 9 FILMING AND PHOTOGRAPHY
(1) Except for non-commercial purposes, image and sound recordings generally require the management's approval.
(2) Filming and photography take place in the building. Please avoid these areas, which are marked as far as possible, if you wish to avoid appearing in such recordings and their subsequent publication. Otherwise, we assume that the use of such recordings is permitted free of charge.
§ 10 DATA PROTECTION
Insofar as the Operator collects customer data in the context of concluding the contract and the event, this is done in compliance with applicable data protection regulations and in accordance with the separately available data protection notices.
§ 11 SEVERABILITY CLAUSE
(1) If the General Terms and Conditions cease to be part of the contract in whole or in part or are invalid, the remainder of the contract will remain valid.
(2) If the provisions cease to be part of the contract or are invalid, the content of the contract will be governed by the statutory provisions.
Ober Olm, December 2023