Terms & Conditions
Please note that the German version of this document has legal currency.
§ 1 General
(1) These Terms and Conditions (in the following T&C) apply to all contracts concerning the delivery of goods and services from and by Magic Mountain Kletterhallen GmbH, Böttgerstraße 20, 13357 Berlin, to you, as our customer, in the version valid at the time the order is placed. The terms and conditions apply regardless of whether you act as a consumer or an entrepreneur/business.
(2) A consumer in the context of these Terms and Conditions is any person who enters into a legal transaction that cannot predominantly be counted towards their self-employed or their commercial professional activity (§ 13 BGB). Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. (§ 14 BGB).
(3) Making purchases in our online shop is restricted to people over the age of 18.
(4) Our current Terms and Conditions can be found on our website. If need be, you can print a copy for your perusal. We will also send you the details of your order and our terms and conditions by email. There is no further storage of the contract text.
(5) We will not accept a customer’s terms and conditions that refute our own terms and conditions.
§ 2 Conclusion of a contract
(1) The presentation of the goods and products on our website does not represent a legally binding contract offer on our part, but is only a non-binding invitation to you to submit an offer to conclude a contract. By ordering the desired goods or booking the service, you make a legally binding offer to conclude a contract.
(2) The contract can be concluded by email, telephone or by using the online booking form on our website.
(3) You make a binding contract offer for goods on our website by clicking the “Buy Now” (“Jetzt kaufen”) button after completing the ordering process.
The order of goods is carried out in the following steps:
- Selection of the product
- Confirmation by clicking the “Add to Cart” button
- Verification of the information in the shopping cart
- Pressing the button “Proceed to Checkout”
- Entering your details
- Final check of entered details with the option to edit your order.
- Legally binding submission of the order by clicking the button “Buy Now”.
Before completing the order and submitting the offer, you can check your order again on an overview page. You can correct any errors by clicking the “Back” button in the browser you are using and correcting the input in the individual steps there. You can cancel the ordering process completely by closing the browser.
(4) You submit a binding contract offer for courses on our website by clicking on the “Book” (“Verbindlich buchen”) button.
Booking a course is carried out in the following steps:
- Selection of Date and Time of course/session
- Entering your details
- Choosing the applicable price category
- Legally binding submission of the booking by clicking on the button “Book” (“Verbindlich buchen”).
(5) We will immediately confirm the receipt of the order with an automatically generated email (confirmation of receipt). This does not constitute acceptance of the offer, unless something else expressly results from it.
(6) We can accept your offer within two days. The offer is accepted in text form or in writing. Acceptance can also occur through the dispatch of the ordered goods.
(7) The period for accepting your offer begins one day after you have sent the offer and ends at the end of the day following the start of the period. The offer can be considered as rejected if we do not accept it within the above-mentioned period.
§ 3 Prices, Shipping Costs, Terms of Payment
(1) The prices stated include the statutory sales tax and other price components and do not include the respective delivery and shipping costs.
(2) PayPal direct debit: PayPal incurs the invoice amount after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. Advance information (“pre-notification”) is any message (e.g. invoice, policy, contract) from us to you that announces a debit using SEPA direct debit. In the event of a chargeback, you will bear the costs of the chargeback if the direct debit cannot be redeemed, or because the account does not have sufficient funds, or if incorrect bank details were given, or if you have objected to the debit. You only bear these costs if you are responsible for the chargeback.
(3) Magic Mountain will send the participant confirmation of booking, including an invoice, unless the participant pays the course fee directly via the online booking form. The course fee is due immediately.
§ 4 Delivery
(1) We deliver goods to the delivery address specified by you. When ordering via the online form, the delivery address given in the online form is applicable. Deviating from this, if you select the PayPal payment method, the delivery address you have stored with PayPal at the time of payment is the one that will be used.
(2) We provide services after booking an appointment in the online shop or by appointment.
§ 5 Retention of Ownership
We reserve ownership of the goods until the purchase price has been paid in full. A security transfer or pledge is not permitted before ownership of the reserved goods has been transferred.
§ 6 Warranty
(1) If you conclude the contract as a consumer, the statutory provisions on the warranty for defects apply.
(2) If you act as a business or an entrepreneur, the statutory warranty claims apply with the following modifications:
- Our own information and the manufacturer’s product descriptions apply regarding the quality of the goods, but not public statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity. You must notify us of any obvious defects within 7 days of receipt of the goods. The timely dispatch is within the deadline. The same applies to hidden defects discovered later from the point of discovery. In the event of a breach of this obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
- In the case of defective goods, we will either rectify the defect or provide a replacement delivery (total supplementary performance) at our discretion. In the event of a repair, we shall not bear the increased costs that arise as a result of transporting the goods to a location other than the place of performance, insofar as the transport does not correspond to the intended use. If this supplementary performance fails twice, you can either request a price reduction or withdraw from the contract.
- The warranty period is twelve months from delivery of the goods. This limitation of warranty does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or negligent breach of duty by us or our vicarious agents.
§ 7 Liability
(1) We have unlimited liability for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,in the event of intentional or grossly negligent breach of duty,
- in the case of a promise of guarantee, if agreed, or
- in as far as the area of application of the Product Liability Act is open.
(2) In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the limited to foreseeable damage, the occurrence of which must typically be expected.
§ 8 Dispute Resolution for Consumers
The European Commission has a portal (OS platform) where complaints can be settled out of court. This platform can be accessed at https://ec.europa.eu/odr. We are neither obliged nor willing to participate in the dispute resolution process.
§ 9 Contract Language
The contract language is German.
§ 10 Final Provisions
(1) Should you conclude the contract with us as a business or an entrepreneur, German law applies exclusively, excluding the regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG)/UN Sales Convention.
(2) If you are a tradesperson, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from this contractual relationship.
(3) Ancillary agreements to the contract need to be submitted text form as a minimum requirement.
Additional Terms for Courses and Vouchers
§ 1 Vouchers
(1) Following the purchase of a voucher, Magic Mountain sends the voucher to the buyer via email to the specified email address. After receipt of the voucher, the participant is entitled to either redeem the voucher after individual agreement with Magic Mountain, or to take a selected course at Magic Mountain on the date selected by the purchaser of the voucher.
(2) A voucher is freely transferable. If the participant does not appear at a time-bound booked appointment, the ticket (voucher) issued for the use and the resulting entitlement to services expire. A refund of the purchase price is excluded in the event of non-use.
(3) Any industrial or commercial resale of vouchers is prohibited.
§ 2 Change in Service and Cancellation of Courses
(1) Changes and deviations in content of the individual courses are only made if necessary, provided they are not significant and do not significantly affect the overall content of the course. Magic Mountain will undertake the utmost efforts to inform the participant of significant changes to the booked course in a timely manner. In the event of a significant change in essential course content, the participant is entitled to withdraw from the contract free of charge or to select an equivalent course from Magic Mountain’s offer, insofar as this is possible.
(2) In the case of courses where certain people, techniques or facilities are not available on the day of delivery, Magic Mountain reserves the right to provide equivalent replacements if possible or, should this not be possible, to cancel or reschedule the course at short notice.
§ 3 Force Majeure
(1) “Force Majeure” means the occurrence of an event or circumstance which prevents us from performing one or more of our contractual obligations under the Contract if and to the extent that we demonstrate that: (a) such a hindrance is beyond our reasonable control; and (b) it was not reasonably foreseeable at the time the Contract was completed; and (c) the effects of the impediment could not reasonably have been avoided or overcome by us.
(2) Until proven otherwise, “force majeure” shall be presumed for the following events(i) war; (ii) civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism; (iii) currency and trade restrictions, embargo, sanctions; (iv) lawful or unlawful official acts, compliance with laws or governmental orders, expropriation, confiscation of works, requisition, nationalization; (v) plague, epidemic, natural disaster or extreme natural event; (vi) explosion, fire, destruction of equipment, prolonged failure of information systems or power; (vii) general labor disturbances such as boycotts and strikes.
We are released from our obligation to perform our contractual obligations and from any liability for damages or from any other contractual remedy for breach of contract from the point at which the impediment makes it impossible for us to perform the service; provided this is communicated immediately. If notice is not given promptly, the waiver will take effect from the time you receive the notice. If the effect of the impediment or event asserted is temporary, the consequences just described shall only apply as long as the impediment asserted prevents the fulfillment of the contract. If the duration of the alleged impediment results in the contracting parties being deprived to a significant extent of what they were entitled to expect under the contract, each party has the right to terminate the contract by giving notice to the other party within a reasonable period of time.
Alternative Dispute Resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission has a portal online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer dispute resolution body.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.