General Terms and Conditions for Events
General Terms and Conditions (GTC) for VDWS Events
1. Registration / Confirmation of Participation / Event Terms and Conditions
1.1. The following Event Terms and Conditions form an integral part of all VDWS event announcements; by registering, participants confirm their acceptance of and acknowledgment of these terms. Any terms and conditions that conflict with or deviate from these GTC will not be recognized.
1.2. Registration for VDWS events must be submitted in writing (via the online registration form).
1.3. Registration for a VDWS event becomes legally binding for the participant upon receipt of the acknowledgment of receipt/confirmation of participation.
1.4. VDWS events are intended to provide continuing education and professional development for participants active in water sports instruction, as well as to ensure uniform training standards.
1.5. The VDWS reserves the right to cancel the event if the minimum number of 4 participants is not reached. There are no claims for reimbursement due to cancellation, regardless of the legal basis.
1.6. Upon receiving written confirmation of participation, the participant will receive all course-related documents (information about the event location, login credentials for VDWS e-Learning, invoice for the event fee, etc.).
2. Eligibility Requirements
2.1. The current versions of the training and examination regulations applicable to the events are available at www.vdws.de.
2.2. The participant confirms that he or she has reached the age of 16 at the time of registration.
2.3. The participant confirms that he or she meets the personal and athletic requirements set forth in the training and examination regulations and unconditionally agrees to their application.
2.4. The instructions of the organizer or its agents must be followed. Participants who, despite a warning, fail to comply with reasonable instructions from the organizer or its agents may be excluded from further participation in the event if such failure to comply poses a threat to the safety or order of the event or to other participants, or if continued participation is unreasonable for other reasons. In such cases, the participant is not entitled to a refund.
2.5. The participant is obligated to cooperate, to the extent reasonably expected, in resolving service disruptions in order to prevent any damages or to minimize them as much as possible.
3. Registration Deadline / Obligation to Contract
3.1. The registration deadline is 4 weeks before the advertised start of the event. Late registrations can only be accepted if there is still capacity available for participation in the respective event.
3.2. There is no entitlement to the conclusion of a contract (obligation to contract). The VDWS reserves the right to reject any offer to conclude a contract (registration for the event) without providing a reason.
4. Event Fees and Costs
4.1. The event fees and any applicable costs and expenses are specified in the respective event announcement.
4.2. Costs and expenses such as the equipment pool, lodging, etc., must be paid separately by the participant to the relevant service provider in accordance with the event announcement.
5. Due Date for Event Fees
5.1. Upon confirmation of participation, 20% of the event fees are due. The remaining balance is due in full, without any deductions, 2 weeks before the start of the event.
5.2. Failure to meet the payment deadline will result in forfeiture of the right to participate. There is no entitlement to a refund of payments already made.
6. Cancellation Policy for Consumers
Right of Cancellation
pursuant to Section 312g of the German Civil Code (BGB) in conjunction with Article 246a of the Introductory Act to the German Civil Code (EGBGB)
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
a) the contract was concluded, in the case of a contract for the provision of services or a contract for the delivery of digital content not supplied on a tangible medium.
b) on which you or a third party designated by you, other than the carrier, took possession of the goods, in the case of a sales contract.
c) on which you or a third party designated by you, other than the carrier, took possession of the last item, in the case of a contract for multiple items that the consumer ordered as part of a single order and that are delivered separately.
d) the date on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item, in the case of a contract for the delivery of goods in multiple partial shipments or items.
e) the date on which you or a third party designated by you, other than the carrier, took possession of the first item, in the case of a contract for the regular delivery of goods over a specified period of time.
To exercise your right of withdrawal, you must notify us
VDWS Service GmbH
Am Achalaich 24
D-82362 Weilheim
Tel.: +49-881-93311-0
Email: info@vdws.de
by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the sample withdrawal form provided, but this is not required.
You may also exercise your right of withdrawal online at www.vdws.de/vertrag-widerrufen. If you use this online feature, we will immediately send you a confirmation of receipt on a durable medium (e.g., via email) containing information about the content of the notice of withdrawal as well as the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal:
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
If, as a consumer, you have received goods in connection with this contract, you must return the goods immediately and, in any case, no later than fourteen days from the day on which you notify us of your cancellation of this contract, to
VDWS Service GmbH
Am Achalaich 24
D-82362 Weilheim
return or hand over the goods. The deadline is met if you ship the goods before the fourteen-day period expires.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
7. Cancellation or Rescheduling by the Participant, Illness of the Participant, and Applicable Fees
7.1. Cancellation of a booked and confirmed event must be submitted in writing to VDWS-Service GmbH, Am Achalaich 24, D-82362 Weilheim.
7.2. In the event of a cancellation, regardless of the legal basis, the participant is liable for cancellation fees, which are broken down as follows:
- If the cancellation is made up to 56 days before the start of the event, no cancellation fees apply.
- If cancellation occurs between 55 and 21 days before the start of the event, 20% of the event fees will be charged as cancellation fees.
- If cancellation occurs between 20 and 14 days before the start of the event, 50% of the event fees are due as cancellation fees.
- If cancellation occurs less than 14 days before the start of the event, the full event fee is due.
7.3. A rescheduling is only possible free of charge up to 42 days before the start of the event and only if a spot is available in the other event. However, a participant in a booked and confirmed event has no right to reschedule to another event.
7.4. In the event of a participant’s withdrawal or cancellation of a fully booked event, the VDWS will attempt to find a replacement participant from any available waiting list. In this case, the administrative costs resulting from the cancellation will be billed at a flat rate of 15% of the event fees.
7.5. If a participant cancels an event due to illness, a doctor’s note must be provided. The organizer will endeavor to reschedule the participant to another event. Otherwise, the rebooking and cancellation fees mentioned above apply.
8. Cancellation by the Organizer
8.1. VDWS events may be canceled, rescheduled, or moved to a different venue without prior notice if
- holding the event in a particular country is unreasonable or too risky for political reasons (travel warning issued by the Federal Foreign Office)
- the minimum number of 4 participants cannot be reached.
8.2. The VDWS may deny participation if there is good cause to do so. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, participation cannot reasonably be expected to continue until the end of the event. In this case, the participant has no claim for compensation, regardless of the legal basis.
8.3. In the event of a cancellation pursuant to Section 7.1, there is no entitlement to a spot in another event. In this case, a rebooking is possible free of charge, provided a spot is available in another event. Fees already invoiced will be credited. The VDWS is not liable for costs incurred by the participant as a result of the cancellation, postponement, or rescheduling.
9. Equipment and Materials
9.1. Participants must bring their own equipment required to participate in the event (board, rigs, kites, wing, wetsuit, harness); alternatively, they may use the equipment pool provided in exchange for reimbursement of costs/expenses (see 4.2.).
9.2. The equipment and gear used must comply with statutory safety requirements. If no statutory standards exist for the equipment and gear, they must be assessed in accordance with basic maritime principles as defined by the relevant traffic regulations.
10. Disclaimer and Insurance
10.1. Participation in a VDWS event is at the participant’s own risk.
10.2. Participation places special demands on the participants’ physical and athletic condition. By signing the registration form, the participant confirms that he or she is in good health, physically fit for sports, and possesses the physical ability required for the respective event.
10.3. The VDWS is not liable for accidents directly related to an event, unless such accidents are attributable to the VDWS or its agents. The VDWS is liable only for the proper conduct of an event and for the proper selection of its agents. Any further liability is excluded.
10.4. Participation in a practical water sports event requires proof of liability insurance that covers the relevant sports (e.g., VDWS Safety Tool).
11. Changes to Services and Prices
Changes and deviations in individual services from the agreed-upon content for an event that become necessary after the contract is concluded—and that were not brought about by the VDWS in bad faith—are permitted, provided they are not significant and are reasonable for the participant. Price changes after the contract has been concluded are not considered significant if they do not exceed 10% of the advertised event fees.
12. Jurisdiction, Governing Law
12.1. The place of jurisdiction is the registered office of VDWS Service GmbH.
12.2. All contractual relationships are governed by the laws of the Federal Republic of Germany.
13. Data Protection
13.1. Personal data of participants will be collected, stored, and processed only to the extent necessary for the provision of services in accordance with the contract and permitted by law, or as required by law.
13.2. Personal data will always be treated confidentially and in accordance with the provisions of applicable data protection law and will not be disclosed to third parties unless this is necessary to fulfill contractual obligations and/or there is a legal obligation to disclose such data to third parties.
13.3. In the event that consent statements regarding data protection are obtained as part of the event registration process, please note that you may revoke this consent at any time with future effect by providing written notice.
13.4. Disclosure of address information. Participants’ address information will be disclosed to the respective VDWS teaching team as part of the course organization. The purpose of this is to facilitate the coordination between the instructors and participants that is necessary for preparing for the course. Participants who do not consent to their data being shared with other participants—for example, to organize carpooling—should contact the VDWS office directly regarding this matter.
14. Conditions for the Participation of Minors in VDWS Training and Continuing Education Events
VDWS training and continuing education events consist of both theoretical and practical components, with daily programs taking place between 9:00 a.m. and 6:00 p.m. The VDWS does not act as a tour operator; therefore, participants are responsible for their own lodging, meals, and leisure activities. In the case of minors, the legal guardians are responsible for booking lodging and arranging the aforementioned meals and leisure activities.
14.1. Duty of Supervision During the Event (9:00 a.m.–6:00 p.m.)
During the official event hours from 9:00 a.m. to 6:00 p.m., the duty of supervision rests with the VDWS as the organizer and the instructors. This duty of supervision extends to all activities taking place within the scope of the event, including breaks and downtime.
14.2. Duty of Supervision Outside Event Hours (6:00 p.m.–9:00 a.m.)
The VDWS, as the organizer, and the instructors assume no responsibility whatsoever for activities outside of event hours. Outside the official event hours—that is, from 6:00 p.m. to 9:00 a.m.—the duty of supervision generally rests with the parents or legal guardians.
15. Severability Clause
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties agree to replace the invalid provision with a provision that most closely reflects the intent and purpose of the invalid provision.
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