Our principle: In case of any problem, talk to us, we will find a solution that is better for both parties than any legal basis. Nevertheless we have to state the basic rules here.
The usual, current legal regulations in Germany apply.
Physical Goods: Payment by bank transfer in advance, delivery within 5 working days
Cancellation (physical books and Workshops): You have a 14-day right of return according to 312g and 355 BGB, the return of the goods is at your own expense. You are dissatisfied with our products/delivery incomplete/broken/chewed by the Wolpertinger? Then please contact us.
Right to delete your data: Please contact us
Partial delivery: If only a partial delivery is possible, we will clarify this personally with you. If we do not find a satisfactory solution for you, we will – of course – refund your money.
Data protection: We will not pass on your data to anyone unnecessarily, a matter of honor. We use your data to send you the goods and services you ordered and to get in contact about your purchase personally if necessary. See Data Protection.
If a dispute cannot be resolved fairly, the following guidelines typically applied in tourism will apply.
- Deposit: The reservation becomes valid with a deposit of at least 50% of the course price.
- Cancellation policy: In case of cancellation, we will find an alternative date together. Accruing costs for the already confirmed reservations of the external accommodations have to be paid nevertheless. Alternatively, the customer can provide a (suitable) substitute person.
If no substitute person or alternative date can be found, the following free cancellation policy applies:
If you cancel your photo trip or workshop place before the start (after the legally required cancellation periods have expired) the following cancellation fees will be charged: (charges in percent)
- X to 30 days before departure 50% (refund = 50%)
- 30 to 0 days before departure 100% (refund = 0%)
- Cancellation in case of force majeure: Natural disasters (avalanches/Covid regulations in the destination…) at the vacation destination, which make the fulfillment of the contract impossible, will result in the termination of the contractual relationship with the cancellation of mutual obligations, without any right to compensation.
In our opinion, cookies are only suitable for eating and not for flogging them off to the highest bidder. Therefore, we prefer to eat them and leave you alone with them.
Contact: Whoever contacts us, we store their contact information for communication for the request, but do not share it under any circumstances. Word of honor. We do not store other data of our visitors.
General security: Our URL has a SSL certificate https.
It can be that one of the tools of this website sucks some data, but we can’t guarantee and take responsibility for that, we only use few of the common plugins for Worpress and only see unpersonalized statistics. Externally we use e.g. CSS stylesheets and Googe Web fonts for fast and attractive display. We have no other options for this. If you don’t like that, you have no other choice than leaving.
Comments: Probably not only our server (located in Germany), but also someone in the USA stores your entered data (email, first name, last name, possibly IP). If you don’t like that, better don’t comment or just enter free found fake data. Unfortunately, we cannot change the comment function. If you don’t want your data to be stored, don’t comment.
Newsletter: We use the service Mailchimp. Your entered data (first name, last name, email address) will be stored by us to send you the best newsletter ever. Mailchimp is based in the USA, which means that your data is also processed there. You can unsubscribe from the newsletter at any time. In addition, we have a double opt-in process, i.e. only those who confirm twice will receive the newsletter and their data will be stored
The legally required long form of data protection can be found here.
If you want to get information or delete your data, you can contact us at any time on the usual channels mentioned here several times.
We move partly in the alpine and high alpine area, here are greater dangers immanent. There is an increased risk of injury both to oneself and to third parties. The instructions of the experienced guide must be followed immediately and without fail. We are not liable for personal injury or damage to property in the event of any failure to follow instructions.
A physical and mental health as well as athletic resilience are prerequisites for participation. Medical concerns must be clarified in advance with an appropriate physician.
We recommend a mountain insurance for alpine emergencies and a general health insurance if you come on a trip with us. We believe every mountaineer should use this as it can save your life – it definitely saved ours.
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Marius Schwager) via the website mountainmoments.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) Consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of services and goods.
(2) By placing the respective product on our website, we submit a non-binding offer to conclude a contract under the terms and conditions stated in the item description.
(3) The contract is only concluded by personal contact by email, other digital contact or by telephone.
§ 3 License for use of download products
(1) The offered download products are protected by copyright. You will receive a simple usage license for each download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple usage license includes the permission to save and/or print one copy of the download product for your personal use on your computer or other electronic device. You are prohibited from making any further copies. It is expressly forbidden to you to change or edit a file or parts of it and to make it available to third parties in any way, either privately or commercially.
§ 4 Conclusion of the contract for workshops and photo tours
(1) The subject of the contract is the implementation of workshops and photo tours.
Already by placing the respective course offer on our website, we submit a binding offer to conclude a contract under the conditions stated in the respective course description.
(2) The contract is only concluded through contact via email, telephone or other direct contact. We offer the payment option advance bank transfer (IBAN/BIC) and Paypal. The respective user regulations of the banking institutions apply.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is done by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 5 Performance of workshops and photo tours
(1) The workshops and photo trips in the form described in the respective offers are carried out on the agreed dates.
(2) A minimum number of 4 participants applies to all workshops and trips offered.
If the minimum number of participants is not reached, we will inform you in writing (by e-mail) at least 3 weeks before the start of the course for photo trips and at least 3 days before the start of the course for workshops. In this case, any services already rendered will be refunded immediately.
(3) In the event of cancellation of an individual event due to short-term absence of the course instructor due to illness or for any other important reason, the services already rendered will be refunded immediately.
(4) In the event that a workshop or photo trip cannot be started or is cancelled prematurely due to force majeure (e.g. natural disasters, political unrest at the vacation destination, which for safety reasons suggest that the course should not be held), official measures or strikes from the point of view of mountainmoments. com, mountainmoments.com is authorized to deduct from the refund of your payment the expenses already incurred by mountainmoments.dcom (e.g. already paid accommodation, rental car, etc.). Further claims for compensation are excluded.
(5) In connection with the use of course rooms and objects you have to comply with the locally displayed house rules. You must comply with our instructions or the instructions of the course instructor.
§ 6 Substitute participant & cancellation of the booking
You can name a substitute participant at any time before the course begins. You will not incur any costs for this rebooking. In this case, please inform us of the name and contact details of the substitute participant by e-mail to info(at)mountainmoments.de.
If you cancel your photo trip or workshop place before the start (after the legally prescribed cancellation periods), the following cancellation fees will be charged: (charges in percent)
– X to 30 days before departure 50% (refund = 50%)
– 30 to 0 days before departure 100% (refund = 0%)
It is advisable to take out travel cancellation insurance to cover any costs incurred in the event of cancellation.
§ 7 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
§ 9 Warranty
(1) The statutory rights of liability for defects shall apply.
§ 10 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is English/German.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. essential features of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. Any costs incurred for the transfer of funds shall also be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.6 For photo tours: When booking the photo trip on mountainmoments.de, a deposit of 50% must be paid. Only with the completion of the purchase, the booking is considered binding.
Within 14 days after the date of purchase, the entire remaining amount is to be transferred (payment information will be sent to you by mail). If the payment of the entire amount is not made in time, the booking will be cancelled and the place will be released. If payment is not made on time, the deposit of up to 100€ will be retained and will not be refunded.
If you book less than 30 days before the start of the trip, the entire invoice amount, less the deposit already paid, is due for payment immediately.
6. delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. legal liability for defects
The liability for defects is governed by the provision “Warranty” in our General Terms and Conditions.
§ 10 Right of Withdrawal
1. You have the right to cancel this contract within fourteen days without giving any reason.
2. The revocation period is fourteen days from the date of conclusion of the contract (goods, workshops) or from the date on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods (in the case of partial delivery, the last goods).
3. To exercise your right of withdrawal, you must inform us (Mountain Moments, Marius Schwager, Bgm.-Kief-Str.10, 68799 Reilingen, email@example.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or email sent by post). A message by email with the necessary contract data is sufficient. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
4. Consequences of the revocation: If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract.
5. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
6. Return of goods: You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.