General Terms and Conditions (GTCs)
for
BATLETICO - All About Sports
Benito Baez Ayala
Heerstr. 31
D-71332 Waiblingen
- hereinafter referred to as provider -
1. Scope
Since transparency and clear communication are extremely important to us, you will find our General Terms and Conditions (GTC) below, so that all rights, responsibilities, data protection regulations and information about our services are formulated in a way that is understandable for you and can be read at any time.
(1) The services offered on the provider’s website within the framework of the football academy, personal & group training and the USA sports scholarship are provided exclusively on the basis of the following general terms and conditions in the version valid at the time the contract was concluded.
(2) The conclusion of a contract requires a minimum age of 16 years. If you have not yet reached the age of 18 when the contract is concluded, before you conclude a contract with us, you must ask your legal guardian for permission to conclude the contract with us. A contract may only be concluded if your parents have given you their consent. As soon as we have received your request, we will send a declaration of consent for your parents, which your parents must then sign and return to us. It must be confirmed that your parents agree to the binding conclusion of the contract.
(3) The general terms and conditions of the provider apply exclusively. General terms and conditions of the customer that deviate from our general terms and conditions are not valid unless we expressly agree to them.
(4) In order to use the paid services of BATLETICO - All About Sports, you must accept these General Terms and Conditions.
2. Terms of Contract
(1) The website of the provider on the Internet represents a non-binding invitation to the customer to conclude a contract. By submitting the order on our website, the customer submits a binding offer to conclude a contract. By automatically sending the documents, the provider accepts the binding order.
(2) By registering, the participant accepts the validity of these conditions of participation. Registrations will be processed in order of receipt.
(3) Registration can be made using the online form, by telephone or in writing by sending/submitting official registration forms. It also takes place for all participants listed in the registration, for whose contractual obligations the registering party is responsible as for his own obligations.
(4) The provider will inform the customer via e-mail about a rejection, for example because the maximum number of participants has been reached.
(5) Registration deadline for the camps is always 14 days before the first camp day.
(6) For all participants in the USA sports scholarship, a contract between the provider and the customer is mandatory and decisive for unrestricted cooperation.
(7) Academic requirements: With the binding registration for our fee-based services, you confirm that you have the appropriate academic degree or will be able to attend a university in the USA or Canada within the next 36 months. In addition, you are obliged to take the necessary tests that require you to attend a university in the USA or Canada and to bear the costs for these tests.
(8) The contract is concluded for an indefinite period. This can be terminated at any time by either side without giving reasons with a notice period of 1 month to the end of the month. The right to terminate for good cause remains unaffected.
3. Payment and Default
(1) Unless expressly agreed in writing, the full fee for the purchased service is to be paid in cash and in full before the start of the event. The prices shown on the provider's website at the time the contract was concluded apply.
(2) The right to participate in the provider's service is subject to full payment of the agreed fee.
(3) After receipt of the confirmation from the provider, the invoice amount is due for payment to the organizer's account within 14 days. If payment is not received within this period, the organizer reserves the right to cancel the registration. If the registration date is within the last 2 weeks before the start of the camp, the invoice amount must be paid within 7 days by bank transfer or in cash on the 1st day of the camp. This request for payment is sent manually by the provider.
(4) If the customer does not participate in the camp, he is not entitled to a refund of the invoice amount. Claims that have not yet been settled remain in force.
(5) If the customer is in default of payment, the provider is entitled to demand default interest of 5 percentage points above the base rate of the European Central Bank. In the event that the provider asserts a higher damage caused by default, the customer has the opportunity to prove that the damage caused by default was not incurred at all or was at least significantly lower.
(6) Installment payments or similarly agreed payments are only contractually effective and valid with a signature from both parties.
4. Right of Withdrawal Soccer Academy
According to § 312g Abs.2 Nr. 10 BGB there is no right of cancellation for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.
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4.1. RIGHT OF WITHDRAWAL RIGHT OF WITHDRAWAL USA Sports Scholarship
You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract was concluded. In order to exercise your right of withdrawal, you must inform us (BATLETICO - All About Sports, Heerstraße 31, 71332 Waiblingen) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). . You can use the attached model cancellation form for this, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have to pay back immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For the repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will we charge you for this repayment. If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract case corresponds to the total scope of the services provided for in the contract.
END OF REVOCATION
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.) –
To: BATLETICO - All About Sports, Heerstraße 31, 71332 Waiblingen –
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 consumer(s) –
Address of consumer(s) –
Signature of the consumer(s) (only in the case of notification on paper) –
Date ___________ (*) Delete where not applicable.
NOTICE OF THE POSSIBILITY OF EARLY EXPIRATION OF THE RIGHT OF WITHDRAWAL
Your right of withdrawal expires when we have provided our services in full and have only started to perform the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal if we have completely fulfilled the contract.
5. Services
The scope of the contractual services results from the service description of the provider on the brochures, posters and the Internet presentations.
6. Costs to be borne by you
You undertake to bear all costs incurred as part of the cooperation yourself. These costs include but are not limited to: - Medical insurance in the US - Travel expenses you incur - Registration fees for required academic tests - Translation of school reports and coursework - Mailing of school reports and coursework - Telecommunications costs - US collegiate athletic association registration fees - Any college-related fees in the USA or Canada - application fees for your student visa
7. Amateur Regulations USA Athletic Scholarship
By accepting these terms and conditions, you declare that you - have never signed a licensed player/professional contract. - has not received a salary for sporting achievements that exceeds your actual and necessary expenses. - did not receive any money from the association that goes beyond your actual and necessary expenses. - did not play with professionals. - did not receive any remuneration from player agents. - You have not entered into an agreement, either oral or in writing, with a player agent to be represented by them and to have your sporting skills marketed by them.
8. Cancellation and Illness
(1) A free cancellation before the start of the camp is not possible after the conclusion of the contract (confirmation by the provider). If the customer does not participate in the camp, he is not entitled to a refund of the invoice amount. Claims that have not yet been settled remain in force.
(2) In the event of illness of the participant, the customer can withdraw from the contract in writing before the start of the camp if cancellation protection was taken out at the time of registration and a medical certificate is presented. Customized jerseys (jerseys with flocking) will be offset against the credit in the event of withdrawal, provided the jersey has already been produced (flocked). If the camp is canceled due to illness or injury, the participation fee will not be reimbursed pro rata.
9. Withdrawal / Termination / Subject to Change
In the following cases, the provider can withdraw from the contract before the start of the event or terminate the contract after the start of the event:
(1) The provider reserves the right to cancel the event up to 7 days before the planned event date if the minimum number of participants is not reached or for other important reasons for which the provider is not responsible (e.g. sudden illness of staff, force majeure). The participant will be informed of this at short notice and in writing.
(2) If the participant persistently disrupts the performance of the event despite a warning from the provider or if he behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. If the provider cancels, he retains the right to the invoice amount.
(3) Up to 7 days before a football camp
If a football camp is canceled because the minimum number of participants of 15 (football camps) has not been reached, the customer will be offered an alternative event immediately, which may be within a reasonable distance of a maximum of 30 km. If this is not accepted, the customer gets his money back.
(4) The provider reserves the right to send the participant home at his own expense in the event of non-compliance with the camp rules (e.g. consumption of drugs and alcohol, vandalism, etc.).
(5) The provider is entitled to make necessary changes or deviations in terms of content, methodology and organization before or during the event, provided these do not significantly change the benefit of the announced event for the participant.
(6) Failure to use technical training equipment does not give rise to any entitlement to reimbursement or compensation for the loss associated with this.
(7) Changes or deviations of individual services from the agreed content of the contract, which become necessary after the conclusion of the contract and which were not caused by the provider contrary to good faith, are only permitted if the changes or deviations are not significant and do not affect the overall process.
10. Obligations of the participant
(1) During the camp, the participant is obliged to follow the instructions of the provider's employees and to follow the camp rules. If these instructions are culpably not followed and if there is a risk of endangering the safety of participants or seriously disrupting the smooth running of the camp, the participant can be excluded from further participation.
(2) In this case, there is no right to a refund of the course fee. If the participant has been excluded, the parent or legal guardian must pick him up immediately.
11. Limitation of Liability
(1) Our contractual and non-contractual liability is limited to intent and gross negligence, insofar as it is not a matter of breaching a contractual obligation or injury to life, limb or health. The same applies to the liability of our agents. Liability under the Product Liability Act, pre-contractual liability and liability for guarantee declarations remain unaffected.
(2) The scope of services does not include an obligation to keep the clothing, equipment, valuables and other personal items of the participants safe. The organizer assumes no liability for theft and/or damage. The organizer assumes no liability for weather-related or other-related cancellations of the services offered.
(3) The contractual liability of the provider is limited to the participation fee, insofar as damage to the participant is not caused intentionally or through gross negligence by the organizer. The organizer is not liable for disruptions in performance in connection with services that are only mediated as third-party services, insofar as these have been marked as third-party services or are recognizable.
(4) In the event of a slightly negligent breach of duty, the liability of the provider and the vicarious agents of the provider is limited to the foreseeable, contract-typical, immediate average damage according to the type of contract. In the event of slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the execution of the contract, the provider and its vicarious agents are not liable.
(5) There is no entitlement to reimbursement or compensation for loss of training hours for which the participant is responsible. The provider also assumes no liability for injuries occurring during the course, unless they are attributable to the provider's fault. The provider is not liable for the loss or theft of items brought along during the camps.
12. Participant's Health
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(1) The participants must have health and liability insurance, children and young people through their legal guardians. The conclusion of further insurance is at the discretion of the participant. A prerequisite for participation is that the participant is physically fit and physically fit, does not suffer from any contagious disease and has an up-to-date vaccination against tetanus at the time of the course.
(2) The provider must be informed in writing of the participant's medication intake and relevant allergies.
(3) In the event of minor injuries to the participant that occur during the course, the legal guardian agrees that the participant will be cared for by the provider's supervisors.
(4) In the event of illness or injury to a participant, the customer authorizes the provider to take all necessary steps and actions for safe, appropriate treatment and/or transport of the participant home. If the provider incurs costs due to emergency medical care for a participant, the customer is obliged to assume these costs. Changes in the health of the participant during the event must be reported immediately.
13. Insurance
(1) Each participant must have health and liability insurance, children and young people through their legal guardians. This also applies to non-registered participants in the camp, such as parents at the Parents-Kids World Cup at football camps. Participation in the entire camp is at your own risk without any special insurance cover by the organizer. The conclusion of further insurance is at the discretion of the participant.
(2) The provider is not liable for damage caused by participants in the event. Any liability damage must be covered by the parents' liability insurance. The participating child is healthy and physically resilient. It takes part in the training on its own responsibility. The organizer must be informed of allergies and other health problems before the start of the event. The provider assumes no liability for the loss of valuables.
14. Medical care
If a Participant becomes ill or injured during the Event, the Participant or their legal guardian, as the case may be, authorizes the Provider to take all necessary steps and actions to ensure safe, appropriate treatment and/or transport them home. If the Provider incurs costs as a result of emergency medical care for a Participant, the Participant or their legal guardians agree to reimburse these immediately. Changes in the health of the participant during the event must be reported immediately.
15. Clothing / Goods ordered / Packages
The purchased goods/clothing are delivered in perfect condition when shipped or handed over to the participant and according to the information in the participant's order. Complaints after wearing or using them for the first time are excluded. Therefore, these handed over items must be checked by the participant immediately upon receipt.
16. Photograph and Film Rights and Disclosure of Personal Information
The customer, participant or their legal guardian agree that during the camps and training sessions and all other services, photos and/or videos of the participant may be published without full name assignment as part of advertising and other PR measures. In particular, the posting of images on the provider's website and the posting of course videos are permitted.
17. Use Rights
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The content that we provide to you as part of the cooperation is protected by copyright and is only available to you as the contractual partner for your own, non-commercial use within the contract period. Duplication, processing, distribution and any kind of use outside the limits of copyright are not permitted.
18. Privacy
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(1) We process your personal data in accordance with the statutory data protection regulations. You can read our privacy policy atwww.batletico.de/datenschutzrecall. Personal data will be treated confidentially and will not be passed on to third parties. You consent to the transfer of such personal data to third parties as part of the brokerage activity or only as part of the necessary implementation and processing of the contract.
(2) The customer, the participant or their legal guardian agree that the contact details of the customer or participant may be used for an address list. The address data will not be passed on to third parties.
(3) Please note that if you communicate with coaches from interested universities via our portal, the content of this communication can also be viewed by us. You expressly agree to this.
19. Jurisdiction
The participant can only sue the provider at his registered office. The place of residence of the participant is decisive for legal actions by the provider against the participant, unless the legal action is directed against registered traders or persons who do not have a general place of jurisdiction in Germany, or against persons who, after conclusion of the contract, have their domicile or habitual place of residence in have relocated abroad, or whose domicile or habitual abode is not known at the time the action is filed. In these cases, the seat of the provider is decisive.
20. Severability Clause
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, this shall not affect the remaining provisions. In place of the invalid or unenforceable provisions, the statutory provision shall be deemed to have been agreed which comes closest to the purpose of the invalid or unenforceable provision intended by the parties.
Waiblingen, January 1st, 2023