TERMS AND CONDITIONS

Non binding English translation.

TERMS AND CONDITIONS
PART 1: ONLINE SHOP

1. Validity
1.1. The following General Terms and Conditions (“Terms and Conditions”) apply to all contracts between:

Seon Crockford Laserer
Packraft Europe
Gosauseestr. 23, A-4824 Gosau
E: info@packrafteurope.com
W: www.packrafteurope.com
UID: ATU73097524

and a consumer or entrepreneur (in short “contracting party”) in the version in force at the time of the order.

2. Conclusion of a contract, storage of the contract text
2.1. The following provisions regarding the conclusion of the contract apply to orders via our webshop on the website www.packrafteurope.com.
2.2. In case a contract is closed, the contract is closed with Seon Crockford-Laserer, Packraft Europe.
2.3. The presentation of goods and services in our Internet shop is not a legally binding contract offer on our part, but is only a non-binding invitation to the contractor to order goods or services. By ordering the desired goods or services, the contracting party makes a binding offer for him to conclude a purchase contract.
2.4. The contractual partner makes a binding contract offer by successfully passing through the order procedure provided for in our internet shop.

The order is made in the following steps:
1. Click on “Shop” on the start page
2. Selecting the product
3. Select product by clicking “Add to cart”
4. Check cart
5. Pressing the button “go to checkout”
6. Input of addresses and payment information
7. Recheck or correct the entered data
8. Binding dispatch of the order by clicking on the button “Place order”

The contracting party can return to the website before placing the order by pressing the “Back button” in the internet browser and can correct input errors or close the internet browser to cancel the order process.
We confirm the receipt of the order directly by an automatically generated email (“order receipt”).
2.5. We confirm the receipt of the order by sending you a confirmation of your order. The transmission of the order confirmation concludes the contract.

3. Prices, shipping costs, payment
3.1. The indicated prices are in EURO and include the legal value added tax. In addition there are shipping costs as well as customs and / or other import duties on delivery to non-EU countries.
3.2. The contracting party has the option of payment by credit card and bank transfer.

4. Delivery
4.1. The delivery of the ordered goods is carried out regularly by mail. The costs of shipping must be paid by the contracting party.
4.2. The respective delivery time can be found directly on the product page. In case of delivery delays we will inform you immediately.
4.3. The risk of accidental loss and accidental deterioration of the sold item shall only be transferred to the contracting party when the item is handed over to the buyer. If the contracting party is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold item passes to entrepreneur already with the announcement of delivery readiness.
4.4. If a parcel is obviously damaged during delivery, the contracting party must insist that this fact is recorded in writing by the deliverer. The contractual partner must notify us in writing (by post or email) of any damage to a product within 3 days of delivery.
4.5. If Seon Crockford-Laserer, Packraft Europe has a permanent delivery impediment, in particular force majeure or non-delivery by its own suppliers, Seon Crockford-Laserer, Packraft Europe has the right to withdraw from the contract. The contractual partner will be informed immediately and any services received, in particular payments, will be refunded.

5. Retention of ownership
We reserve the ownership of the goods until full payment of the purchase price.

6. Right of withdrawal of the consumer
If the contracting party is a consumer, he is entitled to a right of withdrawal.

Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you, or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must contact us:
Seon Crockford Laserer
Packraft Europe
Gosauseestr. 23, A-4824 Gosau
E: info@packrafteurope.com
T: +43 681 1056 8682

by means of a clear statement (for example, a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not obligatory.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the use of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation
If you withdraw from this Agreement, we have to refund all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery), immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged any fees for this repayment. We can refuse the refund until we get the goods back.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You pay the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of revocation

7. Withdrawal form

Model withdrawal form

(If you want to cancel the contract, please fill in this form and send it back.)

To:

Seon Crockford Laserer
Packraft Europe
Gosauseestr. 23, A-4824 Gosau
E: info@packrafteurope.com
T: +43 681 1056 8682

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 when notified on paper)

__________________

date

__________________
(*) Delete as appropriate.

8. Exclusion of the right of withdrawal
There is no right of withdrawal for goods that are made to customer specifications or clearly tailored to personal needs.

9. Warranty and liability
9.1. A warranty claim is excluded unless otherwise stipulated by mandatory consumer protection provisions. Excluded from any warranty are damages due to natural wear, improper use and / or lack of or improper care. Defects, which are subject to the legal warranty obligation, are remedied free of charge. The shipping costs for the examination of the defect are borne by the customer and reimbursed in case of authorization. The costs for replacement or repaired goods to the customer shall be covered by Seon Crockford-Laserer, Packraft Europe. We ask for prior agreement by email.
9.2. We accept neither liability for damages, nor for warranty or product liability, unless mandatory consumer protection provisions provide otherwise. The limitation of liability also applies to our agents.
9.3. If we are liable for damages according to the legal provisions, our liability is limited to intent and gross negligence. Our liability is limited in amount with the specific contract fee. Further liability is excluded unless consumer protection provisions provide otherwise.
9.4. We assume no liability for the topicality, correctness, completeness and content of the information provided.
9.5. The photographs contained in the product description are only examples. Due to the uniqueness of the products or due to the materials used, there may be a color deviation or a slight difference in size between the actual product and its representation on the Internet, which does not, however, entitle the contracting party to a claim.
9.6. We assume no liability for late delivery arising out of circumstances beyond our control (for example, delayed manufacture by the supplier for individual items).
9.7. We are not liable for allergies or incompatibilities of the contractor against any of the raw materials used in our products. An allergy or incompatibility of the contracting party does not entitle him to reclamation.

10. Offsetting, retention
An offsetting of claims of the contracting party against our claims as well as a possible right of retention are excluded, unless otherwise stipulated by mandatory consumer protection provisions.

11. Applicable law, place of jurisdiction, place of fulfillment, written form
11.1. Insofar as mandatory legal provisions do not preclude this, Austrian law is expressly applicable; the application of UN sales law is expressly excluded.
11.2. In the event of a dispute, the court of jurisdiction is the court located at Seon Crockford-Laserer, Packraft Europe.
11.3. Place of performance is the registered office of Seon Crockford-Laserer, Packraft Europe.
11.4. Changes and additions to this contract must be in writing, this also applies to collateral agreements and subsequent contract changes, as well as the departure from the written form requirement.

12. Language
12.1. As contract language German will be available exclusively.
12.2. This English version of our terms and conditions is a non-binding translation. In case of deviations between the German and the English version the German version shall prevail.

13. Privacy Policy
In connection with the initiation, conclusion, settlement and rescission of a purchase agreement based on these terms and conditions, Seon Crockford-Laserer, Packraft Europe collects, stores and processes data. This happens in the context of the legal regulations.
13.1. Seon Crockford-Laserer, Packraft Europe does not disclose any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has previously expressly consented. If a third party is used for services in connection with the processing of processing, the legal provisions will be observed.
13.2. The data provided by the customer during the order process will only be used to establish contact within the scope of the contract and only for the purpose for which the customer provided the data. The data will only be passed on as far as necessary to the shipping company which takes over the delivery of the goods according to the order.
13.3. The payment details will be forwarded to the bank responsible for the payment. To the extent that Seon Crockford-Laserer, Packraft Europe’s retention dates are corporate or tax-related, storage of some data may take up to ten years. During the visit to the Internet shop of the provider, anonymized data that does not allow nor intend to interfere on personal data, in particular IP address, date, time, browser type, operating system and pages visited, is collected.
13.4. At the customer’s request, the personal data will be deleted, corrected or blocked within the scope of the statutory provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can turn to the following address: Seon Crockford-Laserer, Packraft Europe, Gosauseestr. 23, 4824 Gosau T: +43 681 1056 8682 E: info@packrafteurope.com.

14. Severability clause
Should any provision in these terms and conditions be or become invalid, the validity of the other terms shall remain unaffected. The invalid provision shall be replaced by a valid provision that is closest in economic and legal terms to the provision to be replaced.

 

TERMS AND CONDITIONS
PART 2: COURSES, EVENTS AND RENTAL

1. Validity and definition
1.1. The following General Terms and Conditions (“Terms and Conditions”) apply to all contracts between:

Seon Crockford Laserer
Packraft Europe
Gosauseestr. 23, A-4824 Gosau
E: info@packrafteurope.com
W: www.packrafteurope.com
UID: ATU73097524

and a consumer or entrepreneur (in short “contracting party”) in the version in force at the time of the order.
1.2. If our terms and conditions refer to “course(s)”, this means all courses, events, expeditions or other outdoor events that can be booked with us.

2. Conclusion of a contract
2.1. The following contract terms apply to bookings on the www.packrafteurope.com website.
2.2. In case a contract is closed, the contract is closed with Seon Crockford-Laserer, Packraft Europe.
2.3. The presentation of the courses on our website www.packrafteurope.com does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the contracting party to book courses. With the written registration for the desired course, the contracting party makes a binding offer for him to conclude a contract.
2.4. The contractual partner makes a binding contract offer by successfully passing through the order procedure provided for in our internet shop.

The order is made in the following steps:
1. Click on “Shop” on the start page
2. Selecting the product
3. Select product by clicking “Add to cart”
4. Check cart
5. Pressing the button “go to checkout”
6. Input of addresses and payment information
7. Recheck or correct the entered data
8. Binding dispatch of the order by clicking on the button “Place order”

The contracting party can return to the website before placing the order by pressing the “Back button” in the internet browser and can correct input errors or close the internet browser to cancel the order process.

2.5. We confirm the receipt of the order by sending you a confirmation of your order. The transmission of the order confirmation concludes the contract.

3. Services
The scope of our contractual services results exclusively from the description of the respective course. If the course participant finishes a course prematurely, the resulting additional costs will be covered by him. Where third parties and not Seon Crockford-Laser, Packraft Europe provide services, we are only agents and assume no liability for them.

4. Prices and payment
4.1. The indicated prices are in EURO and include the legal value added tax.
4.2. The contracting party has the option of paying by bank transfer or credit card.

5. Personal requirements for participation in the courses offered
5.1. Each student must be health insured and must carry an official ID and proof of insurance. In addition, we recommend the conclusion of an accident insurance including salvage and repatriation costs.
5.2. The requirements stated in the course description are part of the contract. If a participant does not meet these requirements, the course instructor is entitled to exclude him or her from the event program. In this case, there is no right to a refund of the price paid.
5.3. Persons affected by medication, alcohol or drugs are excluded from courses.

6. Equipment rental for testing purposes or courses
6.1. Fee, duration and delivery result from the booking or product description. The following conditions apply for the temporary rental of products:
6.2. The use takes place in completely own responsibility with appropriate inspection and information duties.
6.3. Cancellation of the order is possible free of charge up to 14 days before the start of the rental.
6.4. All damages resulting from loss, improper treatment or delayed return shall be borne by the hirer in the amount of the actual costs incurred. Any defects are to be reported upon return. All items must be returned dry and in a clean condition.

7. Risks
7.1. Every participant in Seon Crockford-Laserer, Packraft Europe’s courses, understands that they are participating in an adventure activity that can not offer the comfort and security of a standard package holiday. All courses are well planned and prepared. Before each course, a comprehensive introduction is given by the instructor.
7.2. However, the risks are manifold and therefore can not be completely ruled out, since outdoor activities generally involve risks due to weather, personal behavior, material behavior, personal behavior, animals, trees, rockfall and other general environmental influences, as well as non-urban terrain off the beaten track, in the forest, are connected on slopes and near the water.

8. Liability
Seon Crockford-Laserer, Packraft Europe is liable, regardless of the legal grounds, solely in accordance with the following rules.
8.1. Liability on the part of Seon Crockford-Laserer, Packraft Europe is restricted to intent and gross negligence. Slight negligence is excluded.
8.2. Packraft Europe is not liable for events of force majeure, which make the contractual services impossible or even only make the proper execution of the contract significantly more difficult or at times impossible. Force majeure shall mean any circumstance which is independent of the will and influence of the Contracting Parties, such as weather or environmental conditions, strikes, civil unrest, war, terrorist attacks, embargoes, seizures, natural disasters, decisions by the authorities or other serious, unforeseeable circumstances beyond the Parties’ control. A circumstance applies only as force majeure, if it occurred after completion of the contract.
8.3. Insofar as the liability of Seon Crockford-Laserer, Packraft Europe is excluded or limited, this also applies to the liability of employees, contractors, family members, representatives and vicarious agents of Seon Crockford-Laserer, Packraft Europe.
8.4. We assume no liability for the topicality, correctness, completeness and content of the information provided.

9. Rights of withdrawal and consequences, program change
9.1. If there are not enough participants for a course, Seon Crockford-Laserer, Packraft Europe can withdraw from the contract at short notice. In this case, we will offer the student a replacement course, or refund the entire amount already paid.
9.2. Seon Crockford-Laserer, Packraft Europe may also withdraw from the contract if the Federal Foreign Office issues a travel warning to the destination country of the course, or if the weather or environmental conditions at the course site make it impossible to safely conduct the course. Should an event, or parts of an event for reasons for which we can not be held responsible (in particular weather or environmental conditions, strike, riots, war, flight or other connections, problems with border crossing, change of legal guidelines … ..) , can not be performed, we will refund the course cost, less any costs already incurred.
9.3. Seon Crockford-Laserer, Packraft Europe may also exclude individual course participants from attending the course, thereby partially withdraw from the contract, if the course participant does not fulfill the requirements of point 5 of these terms and conditions. In this case, there is no right to a refund of the price paid.
9.4. Since the execution of each program is heavily dependent on weather, water levels, etc., Seon Crockford-Laserer, Packraft Europe can not guarantee the accuracy of the program. We reserve the right to change the course prior to or during the course, and to terminate the course prematurely or to cancel altogether if the safety is compromised in any form.
9.5. No claims for compensation can be asserted for missed courses due to weather and security reasons, or by the participant himself.

10. Cancellation policy
10.1. The cancellation of a course booking is only possible in accordance with the following paragraphs.
10.2. Cancellation conditions stated in descriptions of courses take precedence over the following paragraphs.
10.3. Cancellation for a student can only be done by email or post (the deadline below is the receipt date by us). For cancellations, the following cancellation fees will apply per canceled student:
· Cancellation until the 30th day before beginning of the course: 25% of the course price
· Cancellation from day 29 to 20 before beginning of the course: 40% of the course price
· Cancellation from day 19 to 10 before beginning of the course: 80% of the course price
· Cancellation from day 10th day before beginning of the course: 100% of the course price
10.4. If a replacement participant fulfilling the requirements of point 5 of these terms and conditions is found for the canceled course participant, no cancellation costs apply.

11. Publication of photos and / or video recordings
The photos, videos and interviews of participants during the course can be used by print media, radio, television and other media as well as for advertising without compensation and for an indefinite period.

12. Use of photo / video recordings
12.1. Photographs and / or video recordings provided by Seon Crockford-Laserer, Packraft Europe may be used for private purposes only, and with the prerequisite that a copyright notice is attached directly to the photo and / or video recordings as follows:
Copyright: Seon Crockford-Laserer, Packraft Europe or
© Seon Crockford-Laserer, Packraft Europe or
(c) Seon Crockford-Laserer, Packraft Europe
12.2. Seon Crockford-Laserer, Packraft Europe, expressly points out that the sharing of photo and / or video recordings or making them accessible to the public may require the consent of other persons portrayed or recorded there. We have not obtained such consent for the purposes of other course participants who receive the recordings from us. It is therefore the sole responsibility of the recipient of the recordings to clarify whether the consent of other persons depicted or photographed on the photo and / or video recordings is necessary for the transfer of the photo and / or video recordings or the public making them available, and for obtaining this consent.
12.3. A publication in print media is not allowed.
12.4. Any commercial use of the photo and / or video recordings is expressly prohibited.

13. Privacy Policy
In connection with the initiation, conclusion, settlement and rescission of a purchase agreement based on these terms and conditions, Seon Crockford-Laserer, Packraft Europe collects, stores and processes data. This happens in the context of the legal regulations.
13.1. Seon Crockford-Laserer, Packraft Europe does not disclose any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has previously expressly consented. If a third party is used for services in connection with the processing of processing, the legal provisions will be observed.
13.2. The data provided by the customer during the order process will only be used to establish contact within the scope of the contract and only for the purpose for which the customer provided the data. The data will only be passed on as far as necessary to the shipping company which takes over the delivery of the goods according to the order.
13.3. The payment details will be forwarded to the bank responsible for the payment. To the extent that Seon Crockford-Laserer, Packraft Europe’s retention dates are corporate or tax-related, storage of some data may take up to ten years. During the visit to the Internet shop of the provider, anonymized data that does not allow nor intend to interfere on personal data, in particular IP address, date, time, browser type, operating system and pages visited, is collected.
13.4. At the customer’s request, the personal data will be deleted, corrected or blocked within the scope of the statutory provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can turn to the following address: Seon Crockford-Laserer, Packraft Europe, Gosauseestr. 23, 4824 Gosau T: +43 681 1056 8682 E: info@packrafteurope.com.

14. Applicable law, place of jurisdiction, place of fulfillment, written form
14.1. Insofar as mandatory legal provisions do not preclude this, Austrian law is expressly applicable; the application of UN sales law is expressly excluded.
14.2. In the event of a dispute, the court of jurisdiction is the ] court located at Seon Crockford-Laserer, Packraft Europe.
14.3. Place of performance is the registered office of Seon Crockford-Laserer, Packraft Europe.
14.4. Changes and additions to this contract must be in writing, this also applies to collateral agreements and subsequent contract changes, as well as the departure from the written form requirement.

15. Contract language
12.1. As contract language German will be available exclusively.
12.2. This English version of our terms and conditions is a non-binding translation. In case of deviations between the German and the English version the German version shall prevail.

16. Severability clause
Should any provision in these terms and conditions be or become invalid, the validity of the other terms shall remain unaffected. The invalid provision shall be replaced by a valid provision that is closest in economic and legal terms to the provision to be replaced.