General Terms and Conditions Kletterwald Hamburg

The following General Terms and Conditions apply to the use of all offers, products and services of the website Contractual partner: Kletterwald Hamburg c/o Indoo Spielwerk Betriebs GmbH & Co KG, Ewige Weide 1, 22926 Ahrensburg, Germany.

1. Kletterwald Rules

1.     The following rules are binding and are accepted by the climber through the purchase of an entry ticket.

2.     Kletterwald Hamburg has the legal right to exclude from the Kletterwald persons who do not comply with the following rules. No refund will be given in such circumstances. All Kletterwald Hamburg members of staff are authorised to exercise this right.

3.     Use of the Kletterwald Hamburg is only permitted during opening times and on presentation of a valid entry ticket. Kletterwald Hamburg has to right to close the site, or parts of the site, if weather conditions (e.g. storm or high winds) or maintenance so requires. If the whole site has to be closed, climbers will receive a voucher.

4.     The staff of the Kletterwald Hamburg are entitled to prevent a climber from attempting any of the higher courses if they deem the climber to be unsuited to undertaking those higher courses (for example for physical reasons). The following minimum height requirements apply as a matter of principle: 110cm for courses 1 and 2, 130cm and taller for course 3, 140cm and taller for courses 4 and 5 and 160cm for courses 6 and 7.

5.     Climbing is a physical activity and so by definition not free of the risks of injury. The climber uses the Kletterwald Hamburg, including all platforms, safety equipment and obstacles on the courses at his or her own risk. Kletterwald Hamburg's duty to maintain the Kletterwald in a safe condition remains nonetheless unaffected. No liability is accepted for property damage and financial losses except in the case of wilful intent or gross negligence. The Kletterwald is not liable for damage caused by other climbers. Liability is otherwise governed by applicable law.

6.     Persons who are under the influence of alcohol, drugs or medication which affect responsiveness are excluded from climbing. Pregnant women, and persons suffering from serious asthma or serious allergies are likewise not permitted to climb. If in doubt, the climber must speak to a member of the Kletterwald staff.

7.     It is forbidden to smoke in the whole of the Kletterwald site and in area in front of it.

8.     Climbers must ensure that jewellry, cameras, mobile phones, keys and other personal effects are safely stowed so that there is no risk of them falling. If this is not possible, these items should be handed to members of the Kletterwald staff for safekeeping. Kletterwald Hamburg accepts no liability for items which nevertheless fall.

9.     Climbers must wear suitable shoes (no open-toed footwear is permitted). Long hair must be tied back with an elastic band. Rings should be removed or taped.

10.     Each climber is required to participate in the safety briefing, to wear the safety equipment provided by Kletterwald and to follow the instructions of the Kletterwald staff. A maximum of two persons at a time are permitted to be on a platform. Only one person at a time is permitted to be on any other obstacle on the course.

11.      The climber has unlimited liability for any damage to the Kletterwald that he or she causes deliberately.

12.      The equipment loaned from the Kletterwald must be returned after 2.5 hours. Any delay in returning the equipment will be charged at the rate of €5 per hour or part thereof.

2. Conclusion of contract

1. The offer for a contract is made by the buyer as soon as he has clicked the so-called "buy button" or the button clearly labeled according to § 312j paragraph 3 BGB. Only with allocation and sending of the transaction number / order number / order number by the Kletterwald in the context of the confirmation email to the buyer, a contract between the buyer and the Kletterwald Hamburg aka Indoo Spielwerk Betriebs GmbH & Co. KG comes into being.

2. The contract language is German. The contract text as well as the number of orders will be stored by Kletterwald. The order data, the terms and conditions as well as an instruction on the right of withdrawal (§ 17) shall be transmitted by Kletterwald to the buyer in text form immediately after conclusion of the contract.

3. When purchasing a voucher via the website, it is possible to check all details (e.g. name, address, payment method and ordered items) again and change them if necessary.

4. The method of payment for tickets or vouchers as well as for the booking can vary and can be made either by invoice, by paypal, by ec or credit card or cash. Also, an already purchased voucher can serve as a means of payment when purchasing a ticket.

3. Validity of the vouchers

1. All vouchers have a validity of three years, beginning with the date of purchase on which the voucher was purchased ("validity period"). The validity period corresponds to the statutory limitation period.

2. The vouchers may be transferred to other persons. They may be redeemed by any person. However, at the time of ticket booking at the latest, it must be ensured that the person entitled to redeem the voucher has the necessary suitability to participate (e.g. age, height, ability, physical condition). Please refer to the regulations on personal requirements and safety instructions, e.g. under § 1.

4. Cancellation and rescheduling

1. Should the buyer not be able to redeem vouchers for reasons for which the Kletterwald Hamburg is not responsible, it is up to him to use the voucher otherwise (e.g. by passing it on to another suitable person). Cancellation or withdrawal from the contract is not possible after the expiry of the cancellation period without the existence of a legal reason for withdrawal.

2. After the purchase of a ticket or the binding booking of a product, the participation of the buyer in the Kletterwald Hamburg at the booked time is binding. Should the customer nevertheless be unable to participate at the agreed time, he remains obligated to pay the purchase price. The Kletterwald Hamburg provides the buyer in the case of a timely cancellation before the booked time a voucher for the service paid by him. With the voucher, the buyer can book a new climbing date, provided that the climbing date is not occupied. If the cancellation is made after the booked date, this right is cancelled.

3. Since the ticket purchase from the Kletterwald Hamburg offers services from the area of leisure activities, there is no 14-day right of withdrawal for the ticket purchase (§ 312g para. 2 sentence 1 No. 9 BGB).

4. In the case of voucher purchases, the 14-day right of withdrawal applies and therefore the following cancellation policy  

Right of withdrawal: 

You have the right to cancel the voucher purchase within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must inform us, Kletterwald Hamburg c/o Indoo Spielwerk Betriebs GmbH & Co KG, Ewige Weide 1, 22926 Ahrensburg, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.  

Consequences of revocation  

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.  

You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to your handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back). To

Kletterwald Hamburg c/o Indoo Spielwerk Betriebs GmbH & Co KG, Ewige Weide 1, 22926 Ahrensburg:

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in case of paper communication) - Date (*) Delete where not applicable.  

End of the cancellation policy and the model cancellation form

5. The Kletterwald Hamburg reserves the right to cancel the participation or implementation of the product in case of weather-related obstacles (at its discretion) or if the minimum number of participants is not reached and to propose up to three possible alternative dates. If even then the participation or implementation of the product should not succeed for reasons that are not in the sphere of the buyer, the Kletterwald will refund the purchase price in full. 

5. Other

1. To the extent permitted by law, the place of performance and payment is Hamburg.

2. Amendments to these general terms and conditions, including this confirmation clause, as well as the agreement of delivery dates or deadlines, which can be agreed bindingly or non-bindingly, require confirmation by Kletterwald Hamburg in order to be effective. In the event that the buyer's General Terms and Conditions and the General Terms and Conditions of the Hamburg Climbing Forest each contain contradictory provisions, the General Terms and Conditions of the Hamburg Climbing Forest shall take precedence over the buyer's specific terms and conditions in this respect.  

3. The contracting parties agree that German law shall apply to all legal relationships arising from this contractual relationship, both present and future. The place of jurisdiction for all legal disputes is, as far as legally permissible, Hamburg. This also applies to users domiciled abroad.

Kletterwald Hamburg Status: February 2021