Aachen-Laurensberger Rennverein e.V. (ALRV)
Albert-Servais-Allee 50, 52070 Aachen / P.O. Box 50 01 01, 52085 Aachen, Germany
Office – T: (49) 241-9171-0, F: (49) 241-9171-199, E: firstname.lastname@example.org, www.chioaachen.com
Registered seat in: Aachen, Register of Associations Aachen under Register No. 1234
Changes to these CAMPUS GTC – For legal reasons and/or for organisational reasons it may from time to time become necessary to change or adapt our CAMPUIS GTC. Keeping this in mind please refer to the respective current version of our CAMPUS GTC.
With the CHIO Aachen CAMPUS ("CAMPUS"), the Aachen-Laurensberger Rennverein ("ALRV") promotes equestrian sport in its entirety. The CAMPUS is not only dedicated to top-class sport but also to digital developments as well as innovations in order to support training, youth promotion and mass and amateur sports. Via the CAMPUS online shop ("CAMPUS-Shop"), the ALRV offers the purchase of credit values ("Credit"), which can be used to order or book services, promotions and events linked to the CAMPUS (collectively "CAMPUS-Promotions"). The purchase as well as the use of the Credit shall be subject to these CAMPUS GTC.
§ 1 Scope of Application
(1) These CAMPUS GTC shall apply to the legal relationship between the ALRV and the respective purchaser, service recipient or participant ("Customer") established by the purchase of any credit and its use for CAMPUS services and participation in CAMPUS events and for the stay on the grounds around Albert-Servais-Allee 50 in 52070 Aachen ("Show Ground"). The Show Ground Regulations shall be an integral part of these CAMPUS GTC and are to be found attached as well as at www.chioaachencampus.de.
(2) The Customer shall be regarded as a consumer provided that the purpose of the legal relationship established subject to these CAMPUS GTC cannot be attributed predominantly to his commercial or self-employed professional capacity. Whereas a merchant is any person or legal entity or incorporated association acting in a commercial or self-employed capacity when entering into the respective legal relationship.
§ 2 CAMPUS-Shop
(1) The presentation and advertisement of Credit and CAMPUS-Promotions in the CAMPUS-Shop (collectively "CAMPUS-Offers") shall not constitute a legally binding offer. CAMPUS-Offers shall constitute an invitation to place an order or booking (so-called invitatio ad offerendum).
(2) The purchase, order or booking of CAMPUS-Offers shall only be possible for customers of full legal capacity over the age of 18. The exercise of CAMPUS-Promotions shall in principle also be possible for minors or persons who are not of full legal capacity but may be subject to age restrictions. Any age or other restrictions will be indicated in the CAMPUS-Shop along with the respective CAMPUS-Promotion. Any order or booking of CAMPUS-Promotions to be exercised by minors or persons who are not of full legal capacity shall be carried out by the respective legal representative(s)
(3) With regard to the purchase, order or booking of CAMPUS-Offers, the Customer shall make a legally binding offer by clicking on the button "order now" in the CAMPUS-Shop. Customers shall be bound by this offer for a period of two (2) weeks after its submission; their cancellation right pursuant to § 5, if any, shall remain unaffected.
(4) The receipt of the offer submitted via the CAMPUS-Shop will be confirmed to the Customer by e-mail immediately. Such confirmation shall not constitute a legally binding acceptance unless acceptance is expressly declared therein. Furthermore, a binding contract shall be deemed to have been concluded either by an express declaration of acceptance by the ALRV or, at the latest, when the Customer's offer is impliedly accepted, e.g., by the performance of the ordered or booked service.
(5) The ALRV accepts all payment methods and means set out in the CAMPUS-Shop. The respective payment service provider may refuse the desired payment method under certain circumstances. In all other instances, § 11 of these CAMPUS GTC shall apply.
(6) The Customer shall be entitled to register at www.chioaachencampus.de by creating a customer account ("Customer-Account") and providing the requested data.
(7) The selection and the price or value of the CAMPUS-Offers are based on the respective specifications in the CAMPUS-Shop.
(8) Payment shall be due immediately upon conclusion of the contract.
§ 3 Credit
(1) By purchasing Credit in the CAMPUS-Shop, the Customer shall acquire an electronically stored monetary value constituting a respective claim against the ALRV; the Credit shall be attributed to the respective Customer-Account, shall be individualised and, subsequently, shall only be used by the Customer himself in the CAMPUS-Shop as payment for placing an ordering and booking CAMPUS-Promotions.
(2) The Credit cannot be cashed out. In principle, the Credit balance acquired in each case shall only be used for particular CAMPUS-Promotions. Therefore, the use of Credit whose monetary value exceeds the equivalent value of the respective CAMPUS-Promotion for which the Credit is to be used shall in principle be excluded and shall only be possible in exceptional cases expressly announced by the ALRV. In such an exceptional case, cash payment of the differential amount shall be precluded.
(3) The use of the Credit to order or book CAMPUS-Promotions shall only be possible within three (3) years of its purchase. After this period, the Credit shall expire without compensation.
(4) Returning Credit against payment or refund after a valid order or booking of a corresponding CAMPUS-Promotion shall only be possible as a gesture of goodwill on the part of the ALRV; the Customer shall not have any respective legal claim.
§ 4 CAMPUS-Promotions
(1) The ALRV offers various CAMPUS-Promotions which can be ordered or booked by using the Credit at www.chioaachencampus.de. In case a respective contract between the Customer and the ALRV is concluded, the respectively used Credit shall be withdrawn from the Customer-Account.
(2) The order or booking shall only be possible on a personalised basis. This means the right to exercise the respectively ordered or booked CAMPUS-Promotion shall exclusively be granted to an determinable person.
(3) The offer of CAMPUS-Promotions shall be subject to availability and practicability of the event due to special circumstances (e.g., instructions or provisions issued by the competent associations and/or authorities, safety aspects). In case a CAMPUS-Promotion, which the Customer intends to order or book, is not (or no longer) available (e.g., due to overcrowding), the Customer shall be granted the right to have himself placed on a waiting list. In case of request by the Customer, the respective ranking on the waiting list shall be confirmed via e-mail. The respectively used Credit shall initially be frozen on the Customer-Account and only be finally withdrawn in case the relevant contract is concluded ("move up"). In case of the Customer not being able to move up, the Credit shall be released again for the Customer’s disposal.
(4) In case the implementation of a CAMPUS-Promotion requires the Customer to submit or make available pictures or moving image material ("Image Material") to the ALRV, by submitting the Image Material the Customer shall confirm to be the author the Image Material or at least to have been granted the relevant rights of use without restriction. The Customer shall confirm that the Image Material is free of third-party-rights; in particular, that all identifiable persons depicted agree to the aforementioned uses and that third-party property rights are not infringed by these uses. The Customer shall indemnify the ALRV against any claims by third parties. In addition, the Customer shall be liable for all damages incurred by the ALRV arising from any failure to obtain the necessary consent of any third-party.
(5) The Customer shall irrevocably grant to the ALRV the right to use the Image Material on a worldwide basis and for an unlimited period of time in all types of use, including commercial use, as well as, for this and the purposes set out in the description of the ordered or booked CAMPUS-Promotion, the respective right to edit the Image Material in any way and to make the Image Material available to third parties. This shall include the use and distribution on social media platforms and at www.chioaachencampus.de.
(6) For the purposes of public media coverage and advertising of the respective CAMPUS-Promotion, the ALRV or third parties commissioned by the latter may independently create images and sound recordings in accordance with Art. 6 para. 1 p. 1 f) DSGVO, which may also show the Customer. These images and sound recordings may be processed, utilised and publicly reproduced by the ALRV.
§ 5 Right of Withdrawal
(1) In case the purchase of CAMPUS-Offers is made by means of distance communication according to Sec. 310 para. 3, 312c BGB (German Civil Code), the Customer concerned shall generally be entitled to a right of withdrawal.
(2) The cancellation right shall expire prematurely in case the purchased CAMPUS-Offer has been completely delivered to the Customer and the performance of the respective service has only begun after the Customer has given his express consent thereto and at the same time has expressly confirmed that the right of withdrawal shall expire upon full performance of the contract by the ALRV. In case the Customer exercises his right of withdrawal before full performance of the contract by the ALRV, he shall be obliged to pay compensation for the value of any performance already rendered.
(3) In case CAMPUS-Promotions are offered for a fixed-date leisure activity (e.g., training sessions or training camps, tournaments, competitions, etc.), the Customer shall have no right of withdrawal. Each offer made by the Customer shall, thus, be binding immediately after confirmation by the ALRV and the Customer shall, therefore, be obliged to accept as well as to pay the performance.
(4) In addition, the following Customer’s notification regarding withdrawal shall apply to the right of withdrawal: Customers shall be entitled to withdraw from the distance communication contract without providing any grounds within fourteen (14) days from the day of the contract having been concluded. In order to exercise their right of withdrawal, Customers shall be obliged to inform the ALRV of their withdrawal by unambiguous notification (e.g., letter, telefax or e-mail), whereupon they shall receive a respective confirmation of receipt from the ALRV (e.g. by e-mail). The Customer shall comply with the withdrawal period by dispatching the notification of withdrawal in good time.
(5) The Customer's withdrawal shall have the following effects:
- In case of withdrawal from the contract on the purchase of Credit, subject to the Customer being obliged to pay compensation to the ALRV pursuant to § 5 para. 2, all payments from the Customer received by the ALRV shall be repaid without undue delay and at the latest within fourteen (14) days of receipt of the notification of withdrawal. Subject to any other express agreement with the Customer, such repayment shall be effected through the same means of payment used by the Customer with respect to the original transaction.
- In case of withdrawal from the order or booking of CAMPUS-Promotions, subject to the Customer being obliged to pay compensation to the ALRV pursuant to § 5 para. 2, the Credit used for the respective order or booking of the CAMPUS-Promotion shall be re-credited to the Customer-Account without undue delay and, at the latest, within fourteen (14) days from receipt of the notification of withdrawal.
(6) The Customer shall not be charged for a refund or re-credit.
§ 6 Return of CAMPUS-Offers
In addition to the right of withdrawal set out under § 5, a return of CAMPUS-Offers by the Customer against payment or an exchange of CAMPUS-Promotions for Credit may at most occur as a gesture of goodwill on part of the ALRV; the Customer shall have no respective claim.
§ 7 Transfer of CAMPUS-Offers
(1) The transfer of CAMPUS-Offers shall only be permitted subject to the prior consent of and in accordance with the respective requirements set by the ALRV. For this purpose, the customer shall be obliged to request the required consent and the additional requirements, if any, from the ALRV in text form (e.g., by e-mail) in good time.
(2) The Customer shall not offer CAMPUS-Offers to third-parties, in particular via the internet, or otherwise sell them at a higher price than the price paid or regularly; in addition, the Customer shall not use CAMPUS-Offers commercially, in particular, for advertising purposes or as a prize or as part of an unauthorised hospitality or travel offer.
(3) In case of any violation of § 7 para. 2, the ALRV shall be entitled to cancel the respective CAMPUS-Promotion and to refuse the Customer access to the Show Ground without compensation or to remove him from the Show Ground as well as to ban him from purchasing, ordering and booking CAMPUS-Offers for a reasonable period of time.
§ 8 Postponement/Cancellation of CAMPUS-Promotions
(1) In case of unforeseen circumstances which make the implementation of a CAMPUS-Promotion impossible, the ALRV shall be entitled to cancel, postpone or terminate the respective CAMPUS-Promotion.
(2) In case of a postponement of a CAMPUS-Promotion, the respective services ordered or booked shall remain valid. In this case, the Customer has the right of revocation of the contract. The Customer shall be obliged to exercise the revocation by declaration vis-á-vis the ALRV in writing (e-mail sufficient).
(3) In case of a termination of a CAMPUS-Promotion, subject to the ALRV being responsible for the respective termination, the Customer shall not be entitled to any refund.
(4) In case of a cancellation of a CAMPUS-Promotion, the Credit used for the respective order or booking of the CAMPUS-Promotion shall be re-credited to the Customer-Account.
(5) In case a CAMPUS-Promotion is conducted merely trivially differing from the announced program (in particular, but not limited to, unavailability of the pre-announced trainer, weather-related changes to the venue, etc.), the Customer shall not be entitled to a refund of the Credit used.
§ 9 Place of Performance
Place of performance of the obligations hereunder shall be Aachen.
§ 10 Payment Terms
(1) At www.chioaachencampus.de, payment is offered via the payment service provider Stripe, Inc. This enables payment via iDEAL, Bankcontact, SOFORT, cards (Visa, MasterCard, American Express), Apple Pay, GiroPay, among others. The provider of this payment service is Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA. Stripe, Inc. has subscribed to the EU-US Privacy Shield Agreement.
(2) In case of unsuccessful payment for reasons within the Customer’s responsibility (e.g. insufficient credit card or account coverage, chargeback), the ALRV shall be entitled to cancel the order or booking of CAMPUS-Offers without replacement. Any additional costs incurred shall be reimbursed by the Customer. The ALRV reserves the right to assert further claims for damages. In accordance with the applicable data protection provisions, the ALRV shall be entitled to use the collected personal user and billing data (e.g. address of the user) for its own further pursuit of its legal claims.
§ 11 Liability
(1) Entry to the Show Ground shall be at the Customer's own risk.
(2) Customer's claims for damages against the ALRV shall be excluded. This shall not apply for claims for damages arising from injury to life, body or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of the ALRV, its legal representatives or vicarious agents. Material contractual obligations shall be deemed to be obligations the fulfilment of which is required to accomplish the purpose of the contract. In case of a breach of material contractual obligations caused by simple negligence, the ALRV shall only be liable for the foreseeable typical contractual damage, to the extent the Customer claims damages for injury to life, body or health.
(3) The Customer shall immediately notify the ALRV of any accidents or damages occurred.
§ 12 Personal Data
(2) During existing contractual relations, the Customer shall be obliged to inform the ALRV of any change in his contact details without undue delay.
§ 13 Instructions given by Stewards
The instructions issued by the stewards, security personnel, the police and other personnel appointed by the ALRV in front of and on the Show Ground shall be followed.
§ 14 Recording of the Event
Producing, reproducing, transmitting, or otherwise using or distributing sound, photo, film or video or other recordings of CAMPUS-Promotions for commercial use shall not be permitted without the consent of the ALRV. The same shall apply to aiding and assisting others in such activities.
§ 15 Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers who, at the time of their order, have their residence in a country other than Germany mandatory legal provisions of that country shall remain unaffected by this choice of law.
(2) With respect to Customers who are merchants and at the time of the order have their registered business seat in Germany, the exclusive place of jurisdiction shall be the registered business seat of the ALRV in Aachen. In addition, the respective statutory provisions shall apply to the territorial and international jurisdiction.
§ 16 German Version
In case these CAMPUS GTC are made available in multiple languages, the German version shall always prevail.
§ 17 Equality of Gender Treatment
To the extent the masculine form is used throughout these CAMPUS GTC and the Show Ground Regulations below, the respective term shall apply to feminine and diverse persons accordingly.
§ 18 Severability
In case individual clauses of these CAMPUS GTC are invalid or were to be rendered invalid, the validity of all other clauses shall remain unaffected. In case individual clauses of these CAMPUS GTC are partially invalid or were to be rendered partially invalid, the validity of the remaining part of such clause shall remain unaffected to the extent the invalid part thereof allows for deletion without the clause losing its inherent meaning.
§ 19 Amendments
In case of changes in the statutory legislation or case law, the ALRV shall be entitled to change, amend or edit these CAMPUS GTC with a notice period of four (4) weeks or, for good cause, two (2) weeks in advance, to the extent reasonable for the Customer. The respective changes shall be notified to the Customer under the contact details last given to the ALRV. The changes shall be deemed to have been approved if the Customer has not objected to the changes in writing, by e-mail or via the medium set up by the ALRV for this purpose within the respective period after receipt, provided that the ALRV has expressly pointed out this fiction of approval.