- 1. Scope
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1.1 The following "General Terms and Conditions" (GTC) apply to all contracts concluded with FunAction as well as to deliverables and services provided by FunAction.
- 2. Copyright and usage rights
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2.1 The logo and logotype "FunAction" is the property of FunAction.
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2.2 All ideas, presentations, documents, concepts, plans, texts and layouts produced by FunAction are the intellectual property of FunAction.
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2.3 Any further non-contractual use and disclosure to third parties of the works indicated under Point 2.2 by the customer requires the prior written consent of FunAction.
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2.4 FunAction is entitled to disseminate or publish all photo, video and film recordings as well as other technical reproductions resulting from the implementation of the contract, for their own advertising or for editorial purposes without spatial, temporal or substantive limitations. Any compensation or payment of royalties to the customer by FunAction is excluded.
- 3. Offer and conclusion of contract
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3.1 The requirement for a non-binding offer on the part of the customer has no legal effect.
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3.2 All the offers provided by FunAction to a customer are without engagement and do not constitute legally binding offers, but are an invitation to place an order. Errors are reserved.
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3.3 The customer places a binding order with FunAction by accepting a tentative offer in writing by e-mail or letter.
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3.4 The contract comes into being when FunAction accepts the order by means of a confirmation e-mail no later than 3 business days after receiving the customer order. The point in time at which the contract comes into being is the time of the electronic transmission of the e-mail with the order confirmation of FunAction.
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3.5 A subsequent change of the contract based on the type, quantity and price of goods or services is possible by mutual agreement. The change must be in writing at least by e-mail.
- 4. Withdrawal and cancellation policy
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4.1 The customer has a statutory 14-day right of withdrawal. The withdrawal period begins with the conclusion of the contract in accordance with Clause 3.4. The legal requirements with respect to the conditions and consequences of the right of withdrawal are given below:
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Withdrawal policy:
Right of withdrawal
You may cancel your contract in writing (e.g. letter, email) within 14 days without giving reasons or - if you receive the goods before the deadline - by returning the goods. The time limit begins after receipt of this instruction in text form, but not before conclusion of the contract in accordance with Point 3.4, receipt of the goods by the recipient (not before receipt of the first partial delivery in the event of recurring deliveries of similar goods) and also not before fulfilling our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our obligations according to § 312e paragraph 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 BGB. The timely despatch of the notice of withdrawal or of the goods is deemed to be sufficient to comply with the withdrawal term.
The notice of withdrawal must be sent to:
FunAction Sports and Adventure S.L.U.
Avenida los Marreros 7
35138 Puerto de Mogán
E-Mail: info[at]funaction.de
Consequences of withdrawal:
In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. If you are unable to return the benefit so received to us in whole or in part, or if you return it in a deteriorated condition, then you must pay us compensation. On the return of the goods, this obligation to pay compensation does not apply if the deterioration is exclusively due to their inspection - as would have been the case in our store. In addition, you may avoid the obligation to pay compensation on determination of the proper use of the goods, by not using the goods as your property and omitting anything that impairs their value. Goods capable of being sent as packages are to be returned at our risk. You have to bear the cost of returning the goods if the price of the delivered goods corresponds to those ordered and if the price of the returned goods does not exceed an amount of 40 Euros, or if you have not yet received the service in return or a contractually-agreed partial payment for goods at a higher price at the time of the withdrawal. Otherwise the return will be free for you. Goods incapable of being sent as packages will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your notice of withdrawal or the goods, or, for us, with the reception of the same.
End of withdrawal policy
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4.2 If the customer withdraws later than 14 days after conclusion of the contract, FunAction receives the instalment 1 in full according to Point 5.2 as compensation.
- 5. Terms of payment
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5.1 FunAction shall provide the customer with an invoice with the order confirmation and send it with the order confirmation. The delivery of the invoice is exclusively via e-mail in PDF format (no PDF reader?
Download here!).
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5.2 Payment by the customer may be effected either by bank transfer or PayPal. The customer will receive the account details of FunAction with the order confirmation if he prefers a bank transfer. If the customer chooses PayPal, he will receive the link to the payment system of PayPal with the order confirmation.
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5.3 All prices for goods and services are net. To this must be added the currently valid VAT of the Canary Islands (IGIC - Indirect General Tax of the Canary Islands). The total amount is payable without deductions as follows:
Instalment 1: 35 % of the invoice amount on the conclusion of the contract
Instalment 2: 65 % of the invoice amount three weeks prior to the contractually fixed arrival of the client on Gran Canaria.
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5.4 If the customer does not pay instalment 1 within 5 business days following the conclusion of the contract, he is in default of payment. The customer will receive an e-mail as a payment reminder. If the customer does not pay within a further 5 working days, FunAction may withdraw from the contract. FunAction expressly reserves the right to claim for any expenses incurred up until then.
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5.5 If the customer does not pay the instalment 2 according to Point 5.3, he is in default of payment. The customer will receive an e-mail as a payment reminder. If the customer does not pay within a further 5 working days, FunAction may withdraw from the contract. FunAction expressly reserves the right to claim for any expenses incurred up until then.
- 6. Procedure
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6.1 The customer requests a free quote through our website. FunAction processes this request only when this is effected via the form "Tentative Offer" ("Request an offer") button.
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6.2 The customer will receive a free quotation within 3 working days. If necessary, FunAction will make contact with the customer in order to clarify the specifications or certain points of the request. The customer expressly agrees to this.
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6.3 The customer will receive a final non-binding offer when the customer and FunAction finally agree on the services and the corresponding conditions.
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6.4 On conclusion of the contract pursuant to paragraph 3 and receipt of instalment 1 in accordance with Point 5.3, the customer and FunAction shall come to an agreement on the time and organization programme. The customer will receive the final version within 2 business days following the final agreement.
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6.5 FunAction is empowered to appoint a sub-contractor of its choice for the fulfilment of the contract in whole or in part.
- 7. Obligation of the customer and his participants to cooperate
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7.1 In order to ensure trouble-free implementation of the contract, the participants are required to comply with the instructions of the agents of FunAction or its sub-contractors.
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7.2 Depending on the nature of the services ordered, the customer is obliged to realistically assess the physical abilities and skills of his participants; FunAction should be informed immediately about possible limitations, illness, or other facts that could endanger the health or life of the participant or could prevent or hinder the implementation of the contract.
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7.3 Depending on the nature of the service ordered, the participants may be required to be and remain free from the influence of alcohol. Participants shall themselves determine what services are affected. The obligation to remain free of any influence of drugs during the entire period of the contract shall remain unaffected. In addition, participants shall be required to limit their alcohol consumption during the time of the contract to such an extent that fulfilment of the contract is possible at all times, while no damage arises with respect to FunAction, its subcontractors or other third parties.
- 8. Service defaults and liability
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8.1 Customers accept the contractual services at their own risk and liability. Liability resulting from the law and the contract shall apply to FunAction, its subcontractors and its agents only insofar as they act with gross or negligence or intentionally. Any further liability is excluded.
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8.2 The customer is fully liable for damages of any nature and amount if the contract cannot be fulfilled in whole or in part and if the customer is in breach of the obligations to cooperate referred to in paragraph 7.
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8.3 If conditions arise (for example, the weather) that make it impossible for FunAction or its sub-contractors to provide the services according to the time and organization programme, FunAction initially has the right to provide the services in accordance with an alternative time and organizational programme. In these cases, the contract is considered to have been fulfilled.
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8.4 If the contractual service cannot be fulfilled by FunAction in whole or in part for reasons not attributable to FunAction (e.g. force majeure), then FunAction may withdraw from the contract in the event of total failure. In the case of non-fulfilment of parts of the contract, the customer shall receive back the amounts corresponding to the unfulfilled parts.
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8.5 In the case of culpable non-performance or breach of contract by FunAction, the liability of FunAction is only up to the amount of the contractually-agreed payment amount.
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8.6 If the fulfilment of the contract is prevented in whole or in part, for reasons for which the customer is responsible, then FunAction reserves the right to the contractually agreed remuneration.
- 9. Miscellaneous
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9.1 Both parties shall maintain confidentiality in the context of cooperation.
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9.2 Both parties undertake not to give any third party any information about the contractually-agreed remuneration. This obligation shall survive the end of the contract.
- 10. Final provisions
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10.1 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by the parties with effective regulations that meet the economic sense and purpose of the contract.
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10.2 The exclusive place of jurisdiction for all disputes arising in connection with this contract is the island of Gran Canaria in the Kingdom of Spain.
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