Terms and Conditions
English holiday camps in Frankfurt, Berlin, Munich, Wiesbaden, Freiburg and Dreieich.
1. Subject Matter of Contract
The present Terms and Conditions for services of Kids Camp America GmbH govern the performance of summer camp services. The contractual services and the terms of participation are specified in the relevant catalogue published (available on the internet at http://www.wiemainz.kidscampamerica.com).
The contracting parties are Kids Camp America UG (hereinafter referred to as KCA) and the participants admitted to the summer camp (hereinafter collectively referred to as “Customers”).
2. Registration; Formation of Contract
A contract with respect to participation in the programme specified is entered into by the customer by completing and sending the registration form, either by e-mail, fax or in writing.
3. Services provided by KCA
3.1 The nature and scope of the services are outlined in the course descriptions contained in the catalogue. The course contents may be subject to minor modifications without further notice.
3.2 The programme shall be conducted on the venue specified in the catalogue and confirmation of registration.
4. Prices, Price Changes, Terms of Payment
4.1 The fees shall include the participation in the programme, lunch, admission fees for the field trip and documentation. Not included are the participant’s travel and accommodation expenses unless stated otherwise.
4.2 The catalogue prices valid on the date of ordering shall apply.
4.3 The seminar price is due in full and will be charged at registration.
4.4 No refunds will be made for services not accepted in their entirety.
5.1 KCA is entitled to rescind the contract at short notice if the number of participants enrolled in the seminar at that time proves insufficient. Where participants have already paid seminar fees to KCA, said fees shall be refunded in full. Any further claims of participants are excluded.
5.2 Furthermore, KCA reserves the right to relocate and / or defer seminars or appoint a substitute trainer. KCA shall notify the participant of any relocation, deferral or cancellation. In such cases, the participant is entitled to withdraw within a week from receiving such notice and claim back any payments made up to that point. Any further claims of participants are excluded.
6.1 Camp participation can be cancelled for up to 6 weeks before the start of camp. Notification of withdrawal must be made by the parent/guardian in writing and sent to Kids Camp America UG, Neugasse 15, 65239 Hochheim, or by email to firstname.lastname@example.org, whereby it shall be deemed effective on receipt by KCA. In the event of an effective withdrawal, a cancellation fee of €30 for Day Camps and 60€ for Overnight Camps shall apply. Any other additional payments shall be refunded. In the event of withdrawal later than 6 weeks prior to the start of camp, a refund cannot be made.
6.2 Pursuant to §312g, (2)9, customers are not entitled to revoke the contract.
6.3 In case of sickness, the participation can be postponed to a later date if a doctors note is presented. This will not be possible after commencement of camp. No refunds will be made for services not accepted in their entirety. The customer has the right to appoint a replacement.
7. Copyright Notice
Seminar documentation may not be duplicated, processed, amended, circulated or published in any way without the written consent of KCA.
8.1 KCA assumes no liability for damage to health or other damages relating to participants or third parties, provided that this damage is through no fault of KCA supervisory staff. However, liability for minor negligence is excluded. It is recommended that the customer checks their liability and accident insurance (family insurance). As a precaution, we recommend that expensive electronic devices, jewelry or similar valuables are not brought to camp.
8.2 The parent/guardian shall pay the costs for any damage to any property of the camp accommodation or property of KCA that can be proven to have been caused by the behavior of a child.
8.3 The statutory liability for injury to life, body or health in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall not be affected.
8.4 The right to raise the objection of contributory negligence pursuant to section 254 of the German Civil Code (BGB) shall remain unaffected.
8.5 KCA shall not be liable for any losses incurred as a consequence of act of God, riot, acts of war, natural disasters or other events for which it is not responsible or as a consequence of technical disruptions (e.g. of the EDP system) caused other than by a culpable act.
9. Children’s behaviour
Children, while under full supervision of KCA, are expected to comply with all KCA rules. KCA reserves the right, during their holiday, to send any child home or to his/her parents, if in the opinion of KCA, the child is incompatible with the general well-being of the camp through his/her negligence of said rules. In this case, all travel costs would be the responsibility of the parent or guardian and no refund of camp fees would be considered.
10. Promotional materials
10.1 KCA reserves the right to use any photographs, art work, etc, of the children on its website and in any of its future publications.
10.2 KCA agrees to remove any promotional material from it’s website and other publications if asked to do so by the legal guardian of the child/ children in the picture.
11. Medical release
KCA shall have full authority to take whatever action it deems necessary to safeguard the health and wellbeing of the participants. Such authority shall include the right of KCA to take the action it deems necessary to secure medical treatment for the child at the parent’s or guardian’s expense
12. Data Protection
12.1 Pursuant to the Federal Data Protection Act, Customers are hereby notified that KCA will store their full address as well as further information related to the order in machine-readable form and process this data electronically for tasks arising from this contract. KCA guarantees that this data will be treated as strictly confidential.
12.2 KCA undertakes to treat all personal data received from Customers, in particular their names, addresses, age and invoice details, as strictly confidential and to refrain from making such data available to unauthorised third parties. Furthermore, by undertaking suitable measures (section 9 of the German Federal Data Protection Act) and by committing its staff to secrecy, KCA shall ensure that confidentiality is observed for the term during which the services of KCA are used and thereafter.
12.3 The disclosure of Customers’ personal data to unauthorised third parties for any other purposes, in particular for the purpose of consultancy, advertising and market research, is prohibited unless the relevant customers give their express permission to do so.
13. Adverse weather conditions
KCA cannot be responsible for weather conditions that adversely affect the client’s ability to participate in activities offered in any KCA programmes. Furthermore, if, in KCA UG opinion, conditions are hazardous due to adverse weather, activities may be curtailed or cancelled. If published activities are cancelled for any reason, KCA will do everything possible to find alternative activities for the participants.
14. Governing Law and Legal Venue
14.1 All legal relationships based on these General Terms and Conditions shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
14.2 To the extent permitted by law, legal venue for all disputes arising from the contractual relationship shall be Wiesbaden.
15. Written Form
The Parties agree that any amendments to the terms and conditions shall be made in writing only. This shall also apply to the stipulation in this Clause 12 of the General Terms and Conditions, requiring written form.