terms

I. Site Policy of the ExaltoSport platform (exalto-sport.de)

Preamble
ExaltoSport offers on the web site www.exalto-sport.de a platform for group travels, workshops, seminars and other events which are good for one’s health (in the following all of these events are to be called: Sport trips). ExaltoSport provides the opportunity to present their individual sport trips to commercial travelling providers (in the following to be called: Providers). The participants of these trips (in the following to be called: Participants) have the chance to buy and book from a broad assortment of sport trips and events.

The following site policy will adjust the attendance on the Exalto-Sport platform for providers and participants.

Involvement of exalto-sport
Contracts, which are concluded on the exalto-sport.de platform, entitle and oblige exclusively the provider and participant involved. ExaltoSport itself will only be party to a contract for the purpose of a mediation contract (§651ff BGB). ExaltoSport only then offers a sport trip if there are goods and services advertised in the name of ExaltoSport.The particular provider will always be marked in the detailed event information.

Without any suspicion ExaltoSport does usually not examine whether the provider does offer a sport trip (under §651 BGB) and whether the uploaded offerings on the exalto-sport platform and the provided information of all participants is legitimate, truthfully and entire.

Conditions of Participation
The participant has to ensure that he is completely legally competent and able to pay for the travel price. The participant also ensures his physical fitness and ability to travel. This also applies for all fellow passengers.

Parts of the site policy are also the general terms and conditions for participants, principles for providers and the table of fees for providers

Head Office

e-travel GmbH
Alt Moabit 90
10559 Berlin
E-Mail: info@exalto-sport.de

Registration:
HRB 77895 Amtsgericht Charlottenburg
Managing director:
Michael Becker

II. General terms and conditions for participants

1. Introduction
2. Web site
3.
Processing
4.            Subject terms of contract
5.            Liability of ExaltoSport as agent
6.            Ticket Service Charge
7.            Change of reservation, annulation, complaint
8.            Payment
9.            Travel documents
10.         Included Services / Changes of these Services
11.          Change of flights
12.          Insurances
13.          Visa, passport, customs etc.
14.          Limitation of liability
15.          Force majeure clause
16.          Data protection
17.          Links to other web sites
18.          Changes in the general terms and conditions
19.          Other matters

1.Introduction
We would like to provide our participants with a great experience and perfect customer service. To be able to fulfil these high goals we rely on your cooperation: Please read the following general terms and conditions carefully. Thank you very much!

The following general terms and conditions for participants adjust the contractual relationship between the participants and ExaltoSport (UG with limited liability) as agent and the providers as service provider.

ExaltoSport would like to inform all participants that contracts will never be entered with ExaltoSport but exclusively with the stated provider under consideration of the terms and conditions of the service provider.

 

Other details and the entire terms can be found out by contacting our service centre. A mediation contract is entered with ExaltoSport. Therefore the following conditions will only account to our umpiring and do not have any influence on the terms and conditions of providers and other service providers such as airlines.

ExaltoSport is not obliged to examine the given information of any service provider. ExaltoSport is not liable for any of the provided information, as long as ExaltoSport did not provide the information grossly negligent or deliberately wrong. For the mediation contract only the following general terms and conditions are prevailing. The validity of any other terms and conditions, as long as they do not coincide with the following, is impossible.

 

2. Web Site
Operator of the web site is ExaltoSport. German law governs the contract with the participants.

 

3.  Processing
The execution and transaction of your booking order takes place on behalf of ExaltoSport.

 

4. Subject terms of contract
The binding booking order takes place as soon as the participant has pressed the button “Send booking”. This leads to the obligatory commission for ExaltoSport to facilitate tourist services for the participant from a specific provider. It is not our obligation as agent to ensure the fulfilment of all booked services. The participant is articled to the booking order for 72 hours. During this period of time ExaltoSport will accept the booking order and contact the participant. The acceptance will be proven by the mandatory confirmation in form of the bill by the ExaltoSport. By payment with credit card the debit of the participant’s account will already ensure the acceptance of the booking order.

The mediation is done whenever the participant receives his travel documents. The participant is obliged to control all documents immediately. If there is anything not correct in the papers ExaltoSport needs to be contacted immediately.

We would like to inform you that we do not save the contract text. You will get a summary of your booked services and the costs with your booking confirmation per email.

 

5. Liability of ExaltoSport (as agent)
The included options for every published event/trip can be seen in the specification of services madeby the provider. ExaltoSport is not obliged to examine the given information and is not liable to any participant concerning information given by a provider.

 

6. Ticket Service Charge
ExaltoSport charges a ticket service charge for the mediation of air travels.

This charge will not be paid back in case of a cancellation. It will only be paid back if the cancellation has been caused by a mistake from ExaltoSport and/or a subcontractor. The amount of the ticket service charge can be seen in the currently valid price list under www.fides-reisen.de or to be asked per mail under lcc@fides-reisen.de.

7.  Change of reservation, annulation and complaint
The change of a reservation from an already booked trip is only possible if the participant retires from the booked trip and at the same time books a different sport trip.
An exceptional case is possible of the provider has found a different arrangement for this case.

The provider sets possible costs because of the change of reservation or the compensation for the booked trip.

The possibility to cancel a trip, that is already booked, can only be offered by the terms and conditions from the provider. ExaltoSport does not have any influence in this matter.

Depending on the travelling costs and the date of the cancellation it is possible that the provider cannot offer any refund for the trip.

Please ask for details at our Service Centre.

The partial refund of not used air routes is considering to the terms and conditions of the airlines impossible.

ExaltoSport will inform every participant on his or her best behalf. ExaltoSport cannot be held responsible for any information that has been given by the airlines or providers.

The point of time for any retirement will be set when the provider receives the cancellation. We would recommend you to inform the provider of your cancellation in writing to prevent misunderstandings.

To be able to pay any refund it is important that the participant will send the original air tickets to ExaltoSport, as long as the participant did not only get an electronical ticket.

ExaltoSport will ask the participant to pay additional fees because of the treatment of the cancellation, as long as ExaltoSport itself has not caused the cancellation. ExaltoSport suggests every participant to cover travel cancellation insurance.

As long as there are no other or additional information in the booking information the following terms are binding:

 

Scheduled flights and air services
The terms and conditions of the particular airline are binding.

We would like to point out that a cancellation is in most of the cases either with costs or not possible at all.

Hotel
The terms and conditions of the hotel are binding. The hotel will be marked in the booking information.

Rental car
There are special conditions for the booking of rental cars. Please read through the general terms and conditions of the particular rental car company.

Charter flights
The terms and conditions of the particular service provider/airline are binding.

The participant should confirm charter flights by no later than 48 hours before the flight. If this confirmation is not given the participant does not have any claim to transport. The transport conditions of the airlines are binding.

Complaints because of not given or bad service are to be directly addressed to the provider. ExaltoSport is going to espouse for a composition between provider and participant.

 

8. Payment
For every sport trip that is booked on exalto-sport.de, there will be a payment of 10% of the traveling price in the name of and on the account of the provider (Paid by credit card or per debit advice procedure (only in Germany.)) This can be seen as deposit from the participant. If the contract between provider and participant does not come into action, the money will be paid back.

If the participant decides to cancel the booking the money will not be paid back.

Before confirming the booking the participant will be offered travel cancellation insurance such as travel interruption insurance.

 

The rest of the traveling price has to be paid by the participant according to the conditions of the provider either directly to the provider or to ExaltoSport.

 

Flights or other additional services need to be paid directly when receiving the booking confirmation. If the participant pays per debit advice procedure the payment need to be made right after receiving the bill. The money needs to be paid to the given account data on the bill.

To obey the conditions of the airlines and to ensure that the participant can receive the tickets an evidence of the made payment is necessary. The evidence needs to be made per email or fax with an appropriate receipt. (Such as: Online banking approval, bank statement etc.)

If the participant does not pay for flight or other additional services on time ExaltoSport will cancel the reservations if necessary. Any upcoming costs because of the cancellation will have to be paid by the participant.

Only the methods of payment that are shown own the web site are acceptable.

Before ExaltoSport receives the full payment the participant is not going to receive tickets, confirmations, vouchers or any other traveling document.

The participant is obliged to pay for all booked services.

 

9. Travel documents
If the participant did not sign up for an e-ticket or the e-ticket cannot be delivered; the travel documents will be send per post.

For the payment per transaction the documents will be send after receiving the payment. In the case of a last-minute booking the documents will be deposited at the airport or send per express mail.

The cost for possible deposit fees or express fees will have to be paid by the participant. These costs will not be paid back in the case of a cancellation, unless ExaltoSport has caused the cancellation.

Lost tickets will be replaced according to the general conditions of the airlines. Possible fees will have to be paid for the replacing tickets.

 

10. Included Services / Changes of these Services
The included services for every trip are written down in the description of the trip made on the web site and in the booking reservation.
The service providers reserve the right of a change in these services for themselves. Especially the change of flights (non-stop flights to flights with a transfer) is possible.

 

11. Change of flights
The participant will be informed about the change of flights (flying times) or the annulation of flights only on the given email address unless another way of communication has been agreed on.

ExaltoSport suggests that every participant asks for a flight confirmation from the airline 48 hours before every flight. If the participant does not try to get this confirmation, and the missing confirmation leads to a damage event, ExaltoSport will not be responsible in any way.

 

12. Insurances
A travel cancellation insurance is not included in the traveling price. We recommend you to get a travel cancellation insurance and will be happy to mediate you the insurance.

 

13. Visa, passport, customs etc.
Every participant is responsible to ensure that the needed requirements are fulfilled to ensure his journey. The participant especially needs to take care of the domestic and foreign entry requirements, relevant health regulations pass and visa regulations. The participant is also obeyed to take care of the needed travel documents.

According to our legally information obligation we will give the participant information on this matter but cannot give a guarantee.

ExaltoSport points out that the authorities can always change the obligations. The participant is supposed to collect information at the administrative bodies and particular institutions.

Considering the information on our web site (front page/participant service) it is important to notice that this information is only for German citizens.

If a participant is not a German citizen he/she needs to contact the particular consulate to collect the information.

 

14. Limitation of liability
The included services, which are promised to every participant, are not part of the mediation contract that is closed with ExaltoSport. The service provider is liable for these services. A liability from ExaltoSport to ensure these services does not exist.

ExaltoSport is liable to the participant to ensure an appropriate mediation of the trip in terms of the duty of care.

Concerning the detailed information about an event ExaltoSport has to rely on the information given by the provider. ExaltoSport does not have the chance to verify all of this information. ExaltoSport cannot give any guarantee concerning the validity or integrity of this information. This also relates to any other information that can be found on the web site and has been provided by a third party. ExaltoSport always attempts to ensure that the given information on the website is current, complete and valid. This attempt concerns primarily to prices, restrictions and dates.

If there is booking made according to wrong information (prices, dates, limits) caused by a technical problem ExaltoSport has the opportunity to dispute the made contract.

ExaltoSport is not liable for the availability of the trip at the time of the booking or the service delivery of the booked trip. ExaltoSport’s liability is limited to resolution or an act of gross negligence unless main contractual obligations are broken. In the case of slight negligence ExaltoSport is only liable to typical and predictable damages. The liability in the case of slight negligence is limited to the ceiling amount of the booked trip from which the claim results.

All compensation claims will be time-barred after 12 months from the emergence. This does not account to claims that emerged from illegitimate acting. The limitations of liability do not account to claims from the product liability law or other guarantees. This also accounts to cases of death caused by ExaltoSport or body/health damages. As long as the liability of ExaltoSport is impossible this also accounts to all employees, legal representatives, and vicarious agents.

 

15. Force majeure clause
Act of nature that partly or completely prevents ExaltoSport from the fulfilment of their obligations, discharges ExaltoSport from the fulfilment until the act of nature disappears.

 

16. Data protection
Every booking will be processed in the consideration of the valid data protection regulations. ExaltoSport is obliged to use the given information form every participant only to fulfil the contracts which have been agreed on on the ExaltoSport platform. ExaltoSport does not give any data to a third party unless the information is required to fight against abuse (especially credit card abuse).

As long as it is necessary to fulfil the signed contracts the information can be handed to service providers and third parties such as airlines.

 

Your personal data such as birthdates and names from fellow passengers will be asked if necessary for the booking. This additional information will not be saved beyond the booked trip. Unless the participant has made a profile for fellow passengers or agreed on the saving of this information.

All of the given data that has been made by the participant on the ExaltoSport platform will be saved for the purpose of the processing of the booking of a sport trip. The participant is required to give the needed information truthfully. ExaltoSport is not responsible for the adherence of german data protection regulations by international service providers.

 

The participant agrees that the personal information will be saved beyond the time of the trip for further purposes. Internal purposes can also be the post processing of trips to gain information for future trips (per mail, post or telephone). The participants can always withdrawal from this part of the contract in written form.

 

 

17.  Links to other web sites
The ExaltoSport web site includes hyperlinks, which will lead to the web sites of unknown providers. ExaltoSport does not have any influence on these web sites and can there for not held responsible for the validity of the provided information on these web sites.

ExaltoSport dissociates from the content of these web sites. Please address any concerns that you have with these web sites to the provider of the web site and to ExaltoSport.

 

18. Changes in the general terms and conditions
ExaltoSport has the right to change or renew the general terms and conditions of this web site with future impact at any point of time. ExaltoSport is not required to inform the participant about these changes. The valid general terms and conditions can be found on the web site at any point of time.

 

19. Other matters
Should one of the given conditions turn out to be ineffective or unenforceable this will not have any effect on the other conditions. ExaltoSport points out that the mediation of sport trips does not belong under the Distance Selling Act (§312 b Abs. 3 Nr. 6 BGB) This does also account to the selling of airline tickets. This means that the participant does not have any cancellation right towards ExaltoSport. For conflicts because of or with this contract only German law is valid.  The participant can, as long as he is registered trader, only proceed against ExaltoSport at the head office of the company.

 

Head Office

e-travel GmbH
Alt Moabit 90
10559 Berlin
E-Mail: info@exalto-sport.de

Registration:
HRB 77895 Amtsgericht Charlottenburg
Managing director:
Michael Becker

III.           Regulations for providers

 1.Registration as provider
(1) Provider in the terms of the site policy are people, which offer sport trips to the participants on the ExaltoSport platform. To register as provider on the ExaltoSport platform you have to be a commercial operator. The registration as provider is the requirement to publish trips/event on the platform.

(2) Only full-aged, legally competent, natural and juristic persons or business partnerships can register as a provider on the ExaltoSport platform.

(3) After receiving the complete registration ExaltSport will send the needed personal access data to the registered provider.

(4) Every provider is obliged to inform ExaltoSport about any change in the information he has given ExaltoSport during the registration process as soon as possible.

2. Product verification
The ExaltoSport platform sees itself as platform for sustainable events and trips that have an athletic character and are beneficial for ones health. That is why the advertised events have to be approved by ExaltoSport. To be approved the event has to fulfil one of the following criteria:

 

  1. Athletic sport event
  2. Low-carbon event
  3. Resource – conserving event
  4. Low-emission event
  5. Fair and social event

 

ExaltoSport will verify every possible event and after a successful examination the event will be published for sale. The given criteria must be fulfilled by every event and the product information has to make a sustainable appearance in general. There is no entitlement for the publication of any event / for any provider.  

 

ExaltoSport has the right to delete an event from the portfolio if any information against the sustainability of the event occurs after the publication.

 3. Specific obligations for providers
The providers on ExaltoSport are obliged to act in conformity with the law and to respect the official regulations concerning to the offering of their services.

Providers especially need to respect all of the consumer protection regulations made by law. This specifically accounts to the proper entitlement of a cancellation right to the participant, as long as this is legally required.

If ExaltoSport recommends any contract regulations or travel accounts to the provider, these recommendations are not part of the contract and ExaltoSport is not to be held responsible for those.

Every provider commits not to offer any event that would go against the rights of a third party (copyright law etc.) or break decorum.  With the approval of the general terms and conditions every provider ensures that all of the used texts and pictures are free of the rights of a third party.

In the case that any third party makes a claim against ExaltoSport because of the acting against statutory provisions or private rights, the specific provider will be held responsible. The provider will have to pay possible costs for a legal defence from ExaltoSport including court and lawyers’ fees.

The provider is obliged only to offer sport trips and services that he will be able to fulfil to the given point of time.

The provider is obliged to describe his offered events truthfully and completely. During the descriptionthe provider needs to take all of the information into consideration that would influence the decision of a participant to book the trip or not. Therefore it is important to inform the participant about any possible shortcomings as well (construction zones, restrictions etc.).

The provider needs to point out the price for every specific service per participant.

The provider is not allowed to integrate any links to external web sites into his descriptions. This does not apply to links to other sport trips on ExaltoSport.

The provider is only allowed to point out his offering and descriptions about the included services. He is not allowed to include any advertisement that does not relate to his offering. ExaltoSport can admit exceptions on demand.

In addition to that the provider is obliged to act confirming to the ExaltoSport Principles for Providers (4.). The providers have to agree on these principles during the registration.

Head Office

e-travel GmbH
Alt Moabit 90
10559 Berlin
E-Mail: info@exalto-sport.de

Registration:
HRB 77895 Amtsgericht Charlottenburg
Managing director:
Michael Becker