General Terms and Conditions of the Company
OF Operative Fähigkeiten GmbH
- Scope, Applicable Law, Place of Jurisdiction
(1) The business relations between OF Operative Fähigkeiten GmbH (hereinafter referred to as “OF”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time the contract is concluded. Deviating terms and conditions of the customer shall not be recognised unless OF expressly agrees to their validity in writing. These General Terms and Conditions apply equally to consumers and entrepreneurs. The customer is a consumer insofar as the conclusion of the contract cannot be predominantly attributed to his commercial or self-employed professional activity. The customer is an entrepreneur if he acts in the exercise of his commercial or self-employed professional activity when concluding the contract.
(2) Contracts between OF and the customer shall be governed by the law of the Federal Republic of Germany. Any statutory provisions restricting the choice of law and the application of mandatory provisions shall remain unaffected.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, Heidelberg shall be the place of jurisdiction for all disputes arising from and in connection with contractual relationships between OF and the customer.
- Booking and Conclusion of Contract
(1) Information on courses on our website is subject to change and non-binding. The presentation of a course on our website does not constitute a binding offer to enter into a contract. By registering for a course, the customer submits a binding offer to OF to enter into a contract. For this purpose, the customer selects a course and registers by registering for the first time or entering his registration data (e-mail address, password). Before submitting the registration, the customer can change and view the data at any time. The customer can only submit the registration if he accepts these terms and conditions by clicking the check boxes “I have read and accept the contract document” and “I have read and accept the General Terms and Conditions” and “I have read and accept the data protection provisions” and “I have read and accept the information on the right of withdrawal” and has thereby included them in his application. By clicking the “Submit registration” button, OF receives a binding contractual offer from the customer.
(2) All prices stated on the OF website for the respective course include VAT at the statutory rate.
(3) OF shall immediately confirm receipt of the customer’s registration by means of an automatically generated e-mail to the e-mail address provided by the customer. Confirmation of receipt of the registration does not constitute acceptance of the customer’s offer to enter into a contract, but merely documents that the registration has been received by OF.
(4) The contract is concluded by OF accepting the customer’s offer to enter into a contract by means of a booking confirmation by e-mail and by sending the contract document issued to the customer. It is pointed out that OF is not obliged to accept the customer’s offer to enter into a contract. If OF does not accept the offer to conclude a contract, no contract shall be concluded between OF and the customer. OF shall inform the customer of this immediately by e-mail.
III. Payment, Default
(1) OF will send the invoice with the booking confirmation, which must be paid within fourteen 14 days from the invoice date. The date of receipt of payment in OF’s account is decisive for the timeliness of payment. If, instead, the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline, without the need for a reminder. If the customer is a consumer, he shall pay OF default interest at a rate of five percent above the base interest rate. Should the customer be an entrepreneur, he shall pay default interest at a rate of nine percent above the base interest rate in this case.
(2) The customer’s obligation to pay default interest does not exclude OF from asserting further claims for damages caused by default.
- Participation Requirements
(1) By registering for the course, the customer bindingly declares that he meets the respective participation requirements for the course. The participation requirements are stated in the description of the respective course. Should a minimum age be required for participation in a course, this minimum age must be proven by submitting a valid official identity document at the latest at the beginning of the course. If proof of age is not provided, OF is entitled to exclude the customer from the course. For participation in certain courses, the presentation of a police certificate of good conduct is required. This may be mentioned in the course description. If the police certificate of good conduct is not submitted at the latest at the beginning of the course, OF is entitled to exclude the customer from the course.
(2) Should a course for customers under the age of 18 only be possible when accompanied by a legal guardian or another adult person with a declaration of consent from a legal guardian, this proof must be submitted at the latest at the beginning of the course. If the customer is unable to provide proof, he will be immediately excluded from the course.
(3) In the event of exclusion, the invoice amount will not be refunded. Only any expenses saved will be reimbursed. The customer will receive a statement of account by e-mail.
- Cancellation of Participation by the Customer, Termination of Participation, Transfer of Participation to Other Persons
(1) Cancellations by the customer shall be deemed a withdrawal by the customer from the contract and must be made in text form.
(2) The following cancellation fees apply to cancellations:
- Up to 6 weeks before the course: 25% of the invoice amount;
- Up to 3 weeks before the course: 50% of the invoice amount;
- Less than 3 weeks before the course: 100% of the invoice amount.
- If the customer is unable to attend the course due to illness and submits a certificate of incapacity for work that certifies an incapacity for work for the day the course begins, a cancellation fee and compensation for expenses amounting to 20% of the invoice amount will be retained.
(3) For proof of compliance with the deadline of the respective cancellation period in accordance with V. (1) and V. (2), the receipt of the declaration by OF is decisive.
(4) Cancellation fees shall not apply if participation has been transferred to another person in accordance with paragraph 6.
(5) Courses that have been bindingly booked by the customer are freely transferable and can also be attended by other persons, provided that they in turn meet the participation requirements.
(6) When transferring participation in a course, the person who participates in the course instead of the original customer assumes all rights and obligations of the original customer and is bound by these General Terms and Conditions. OF is entitled to exclude the substitute participant from participation in the course for an important reason. An important reason exists, for example, if the customer does not meet the participation requirements. In the event of exclusion from the course for an important reason, any expenses saved will be reimbursed.
(7) The customer will not receive a refund of the invoice amount if he terminates the course or leaves the course prematurely.
- Cancellation of the Course by OF, Rebooking
(1) OF may cancel the course for technical and organisational reasons, such as in particular the cancellation of the OF employee conducting the course or if the minimum number of participants specified in the course description is not reached. The cancellation shall be deemed a withdrawal from the contract.
(2) If the course is cancelled, the customer will be informed and has a choice as follows:
– The customer can rebook the course. If the customer does not wish to rebook, the invoice amount paid will be refunded.
– If the customer wishes to rebook, he will be given the opportunity to rebook to another/later course, provided that such a course is offered and the customer meets the participation requirements for this course. If the price of the new course is lower than the price of the originally booked course, the customer will receive a refund of the amount overpaid. If the price of the course is higher than the price of the originally booked course, the customer will be sent an invoice for this additional amount, which he must pay within the period specified in the invoice.
VII. Liability, Compensation
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages based on intentional or grossly negligent conduct on the part of OF, its legal representatives or vicarious agents, as well as, regardless of the degree of culpability, for damages resulting from injury to life, limb, health or essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) However, should essential contractual obligations have been violated only through simple negligence, OF shall only be liable for the foreseeable damages typical for the contract, unless the damages are claims for damages resulting from injury to life, limb or health.
(3) The cancellation of the course by OF in accordance with the above section VI. is not a violation of an essential contractual obligation
VIII. Obligation to Follow Instructions; Termination for Cause
The customer is obliged to follow the instructions of OF employees immediately, especially on the shooting range and the instructions of the shooting range supervisor. If he does not do so, OF reserves the right to terminate the contract with immediate effect for an important reason. An important reason exists in particular if the customer disregards safety-relevant instructions from an employee of OF, a vicarious agent of OF or the shooting range supervisor or disrupts the course of the course to such an extent that it is unreasonable for OF to continue the course with the customer. In this case, the customer must leave the course location immediately. In the event of termination of the contract for an important reason, the invoice amount will not be refunded; only any expenses saved will be refunded.
- Right of Withdrawal
There is no right of withdrawal for the binding booking of a course in accordance with § 312g para. 2 no. 9 BGB. The customer is therefore expressly informed that he cannot revoke his declaration transmitted in this regard.
Terms and Conditions: May 2022