General terms and conditions

1. Scope of application

1.1 The following General Terms and Conditions apply to all legal transactions of Freulein Smilla & Ich Mobile Hundeschule hereinafter referred to as “organizer”, under this contract with its contractual partner, hereinafter referred to as “participant”.

1.2 The Participant will be notified in writing of any changes to these Terms and Conditions. The announcement can also be made by publication on the website of the organizer. The amendments shall be deemed to have been approved unless the Participant raises an objection in text form. The participant must send the objection to the organizer within two weeks after notification of the changes.

2 Subject matter of the contract, conclusion of the contract, cancellation and withdrawal

2.1 The Organizer offers training and educational events for dogs as well as coaching events and seminars for dog owners*. A precise description and listing of the range of services will be announced by the organizer in its business premises, its website and other media used by it.

2.2 By sending and confirming a completed and signed participation declaration by mail, fax, electronic mail or by verbal agreement and subsequent submission of a written participation agreement, a service contract is concluded with the organizer according to § 611 BGB. The owner receives in the context of the instruction action suggestions for a kind-fair dog education. However, a guarantee of success cannot be derived from this, as success depends to a large extent on the owner, the training effort made and the participating dog. The organizer does not guarantee success for the contents taught in the lessons, but assures to teach them to the best of her knowledge and belief.

2.3 With his/her participation agreement, the participant registers bindingly for one or more event(s). The registration can only be cancelled by the participant up to 24 hours before the start of the respective event(s). If the participant cancels his/her participation agreement later or not at all, the full fee is due.

2.4 In the case of a group registration, the organizer shall conclude a participation agreement with the person registering for and on behalf of the entire group. It is binding for each group participant. Section 2.3 shall apply accordingly.

2.5 The organizer reserves the right to cancel the event up to 24 hours before the start of the event after exhausting all possibilities if this is not reasonable because the booking volume for this event is so low that the costs incurred in relation to the event would mean exceeding the economic sacrifice limit.

2.6 However, the organizer shall only be entitled to cancel the event if it can prove the circumstances leading to the cancellation and has made the participant a comparable alternative offer.

2.7 If the participant does not make use of the substitute offer, the participation fee paid will be refunded immediately. The participant shall not be entitled to any further claims for compensation.

3 Duration of the contract and remuneration

3.1 The contract begins and ends on the specific and individually agreed date.

3.2 The participation fee for the respective event is based on the current price table of the organizer at the time of conclusion of the contract.

3.3 All participation fees are due for payment without any deductions upon invoicing in the case of individual training courses; in the case of group courses, payment is due at the latest at the start of the event. In case of late payment, the organizer is entitled to exclude the participant or his/her dog from participation. The date of receipt of payment by the organizer is decisive. The organizer reserves the right to demand compensation from the participant for any damages resulting from non-participation.

3.4 The fees for a block of 3 or 6 students must be paid in full before the start of the block. The block must be completed within 3 months (block of 3) or 6 months (block of 6). Unless a different period has been agreed in writing for training reasons. Trainings not taken within this period will be forfeited without refund.

3.5 Cash expenses and special costs incurred by the organizer at the express request of the participant will be charged at cost.

4. Scope of services and unused services

4.1 The scope of services shall be based on the respective description in the service offer pursuant to 2.1 or on the individual agreements between the Organizer and the participant. The participant’s entitlement to services is not transferable.

4.2 If individual agreed services are not used by a participant, the organizer reserves the right to charge the entire participation fee. This does not apply if the participant can prove that the organizer has suffered no or only minor damage.

5 General Conditions of Participation

5.1 The owner assures that his/her dog is registered with the authorities, marked with a chip according to ISO standards, sufficiently vaccinated (basic immunization/rabies) and dewormed as well as insured against liability (also for damages that may occur during dog training). The owner assures that his dog is free of contagious diseases.

5.2 The owner is obliged to inform the organizer without being asked, completely and truthfully about any diseases and/or parasite infestation and/or behavioural problems of his/her dog (e.g. biting incidents, excessive aggressiveness) before the start of the training. The owner is obliged to inform the organizer about the heat of his dog. The organizer has the right to exclude dogs with contagious diseases from the training.

5.3 The instructions of the organizer for the safe keeping of the dog (leash, muzzle, etc.) must be followed. In case of non-compliance on the part of the owner the organizer reserves the right to cancel the training/counseling. The fee is nevertheless valid in full.

5.4 The organizer or the trainer/coach/event manager appointed by him/her shall be authorized to issue instructions to the participants for the duration and within the framework of the event.

5.5 If the participant or his/her dog disrupts the event so that a smooth and safe course of events can no longer be guaranteed, the organizer reserves the right to exclude the participant or dog from the event without refunding the participation fee. The participant is at liberty to provide proof of expenses saved by the organizer.

5.6 The participants undertake not to be under the influence of alcohol or other narcotics that may impair their ability to react and their physical condition. The participant must inform the organizer or the trainer/coach appointed by the organizer of any health-related impairments before the start of the event without being asked to do so. In the event of violations of this provision, the organizer is entitled to exclude the participant or his/her dog from the event.

5.7 Each participating dog must have a full vaccination record. A current vaccination certificate must be submitted with the training agreement. By submitting the training agreement, the participant assures that the dog is healthy, does not pose a risk of infection to humans or animals, is free of vermin and is physically up to the demands of the class.

5.8 In the event of health problems occurring during the event or aggressive behavior of the dog that is contrary to the further participation in the event, the organizer shall be entitled to demand the return of the dog.

The organizer is entitled to exclude the dog from the event. The organizer reserves the right to participation fee on a pro rata basis.The participant is at liberty to provide evidence of lower expenses.

6 Liability

6.1 The organizer assumes no liability for personal injury, property damage or financial losses incurred by the owner or his/her dog or accompanying persons through the use of the exercises shown, the free running of the dogs, scuffles of own or other dogs in the free running area. A liability exists only in the case of gross negligence or intent on the part of the organizer. All accompanying persons are to be informed of the exclusion of liability. The owner is fully liable according to the legal liability regulations for any damage caused by his/her dog. The owner acts on his/her own responsibility. Even during the lessons, the owner is responsible for the management of the animal, it is not ceded to the trainer.

6.2 If it is necessary to let the dog off the leash during the training, the organizer explicitly refers to the legal regulations. The organizer can only give a recommendation, the owner acts on his own responsibility. The use of aids such as drag leash, “Halti” etc. is at your own risk, even if they are used at the instigation of the organizer.

7. Other provisions

7.1 The organizer reserves the right to publish photos or videos taken by the organizer during the training/consulting on the company’s own website and/or Facebook or Instagram page.

7.2 All documents of the organizer, which are handed over to the holder in the course of the lessons, are subject to copyright protection. The holder may only use them for private purposes. Reproduction, distribution, lending or renting are hereby expressly prohibited.

7.3 Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected. In the event of an invalid provision, the parties shall be obliged to negotiate an effective replacement provision that comes as close as possible to the economic purpose pursued by them with the invalid provision.

7.4 Verbal collateral agreements do not exist.

7.5 All amendments or supplements to the contract must be in writing to be effective.

7.6 The place of jurisdiction is Munich.

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