Terms and Conditions JoeDakar GmbH
The following conditions apply to the participation in the programs provided by JoeDakar GmbH - The motorcycle adventure company (hereinafter referred to as "JoeDakar GmbH”).
1. Conclusion of the Participation Contract; Storage of Contract Text
Any application shall be binding within the framework of the statutory provisions (sections 145 to 147 of the German Civil Code). The contract of participation is not valid until
acceptance of applicant’s application by JoeDakar GmbH. Applicant hereby waives the need to be notified of acceptance according to section 151 of the German Civil Code. JoeDakar
GmbH will without undue delay send a confirmation or information about a refusal to the address of the applicant stated in the application. If the contract has been concluded by means of teleservices and/or telemedia (e-commerce contract), e.g. if the application has been made via the website of JoeDakar, iTravel-iTraining, International-tourguide-academy or international-instructor-academy, the text of the contract as well as the application data will be electronically stored by JoeDakar GmbH. This data, however, is not accessible via internet once the application has been submitted electronically. These terms and conditions in their most up-to-date version are available via the internet website of the JoeDakar GmbH.
2. Consumer's Rights
According to applicable law the applicant has the right to revoke the contract within fourteen days if the applicant is consumer as defined in §13 of the German Civil Code (BGB) and if the
contract has been entered into solely by the use of means of distance communication (e.g. booking via internet or telephone or by way of e-mail communication) and if the application has been made for a purpose that is outside of applicant’s trade, business or profession. Vouchers are automatically invalidated in case of revocation and do not need to be returned to JoeDakar GmbH. If they are returned nonetheless, this is done at own costs and expenses. Invalidated vouchers shall be destroyed without undue delay and must not be used any longer. The right of revocation does not apply, however, if at the time the contract is entered into JoeDakar GmbH agreed to render the services at a specific time or within a precisely indicated period of time (e.g. if a specific date is booked).
INSTRUCTIONS REGARDING REVOCATION
Right of revocation
You may declare the revocation of your contractual statement without the need to give any reasons in text form (e.g. via letter, fax or email) or – if you have received a voucher prior to the expiry of the period of revocation - by returning the voucher within a period of fourteen days. The revocation period begins once you have received these instructions regarding the revocation in text form, but not before the conclusion of the contract and not before we have fulfilled our duties to inform in compliance with section 246 § 2 in conjunction with § 1 subsection 1 and 2 of the Introductory Act to the German Civil Code as well as we have fulfilled our duties according to § 312g of the German Civil Code in conjunction with section 246 § 3 of the Introductory Act to the German Civil Code. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation is to be addressed to:
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to return the performance received and emoluments taken (e.g. benefits of use) or you can only return it in a deteriorated condition, you have to insofar compensate for its value where applicable. As a consequence you may be obliged to fulfill your contractual payment obligations for the period until the date of revocation. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. This period starts for you upon dispatch of your declaration of revocation or the voucher as the case may be, and for us upon receipt of your declaration or receipt of the voucher.
Your right of revocation is extinguished if the contract was performed in full by both parties at your explicit wish before you have exercised your right of revocation.
End of revocation instruction
3. Due Date of the Participation Prices
The participation price is due and payable in full immediately upon conclusion of the contract.
4. Participation in the program
4.1. The confirmed participation date shall be binding. If the applicant is prevented from participating for compelling reasons and requests another date by stating these reasons and JoeDakar GmbH fixes another available date, JoeDakar GmbH shall charge a transfer fee equivalent to the cancellation fee according to clause 7 below.
4.2. The applicant may request that in place of him or the person named in the application a different natural person participates in the program, if such a person fulfills the participation conditions set forth in clause 4.3 below. JoeDakar GmbH may charge the applicant the additional costs, if any, arising due to such request.
4.3. Only persons shall be qualified for participation, who, at the time of the training course, are at least 18 of age and hold a valid driving licence and who are not subject to a driving ban imposed by competent authorities. The participant shall present his or her valid driving licence prior to the start of the program and shall have no right to participate in the program if he/she fails to do so. For safety reasons participants of German-language programs need to
have adequate skills in German language to understand and follow the instructions of the JoeDakar GmbH personnel. For the same reasons, participants of English programs need to have adequate skills in English language. If the participant does not meet the language requirements he or she needs to arrange on his or her own cost the translation of such instructions of the JoeDakar GmbH personnel by a duly qualified translator competent in
particular with respect to vehicle specific terms and expressions.
4.4. The participation price is payable irrespectively of a participation in the booked training. This applies in particular if the participation is excluded according to clause 4.3 above or the
participant is expelled according to clause 6. Clause 7 shall not be affected by this clause.
4.5. The participant may not take part in the program without having attended the theoretical part. If the participant is missing essential parts of the theoretical part he or she cannot attend
the rest of the program.
4.6. The participant shall solely be responsible for due compliance with all applicable passport, visa and health and safety requirements of the country in which the training takes place.
5.1. The participant takes part in the program at his or her own risk.. For programs including accommodation JoeDakar GmbH’s liability shall limited to three times the participation price in cases of simple negligence or to the extent the damage was caused merely due to the fault of a service provider of JoeDakar GmbH. For other programs JoeDakar GmbH shall only be liable to the extent that damages of the participant were due to gross negligence by JoeDakar GmbH, its legal representatives, agents or subcontractors or in case of infringements of material contractual duties such as, for instance, those duties and obligations the contract is deemed to impose upon JoeDakar GmbH according to its spirit and purpose and the very
performance of which is deemed to be necessary for a due and careful fulfillment of the contract and which may with good reasons permanently be relied on by the participants; said
liability shall be limited to the typical damage as it is foreseeable upon execution of the contract. The limitation of liability stipulated herein above shall not apply in cases of intentional behavior and to damages to the life, body or health of a participant.
5.2. As far as damages are covered by insurance (except for insurances of fixed sums) that was concluded by the participant with respect to the relevant damage case, JoeDakar GmbH
shall only be liable for disadvantages, if any, connected therewith for the participant such as, for instance, higher insurance premiums or disadvantages in terms of interest payments until
settlement by the insurance company.
5.3. The liability of the participant towards the JoeDakar GmbH is limited to 2.500 Euro, if the participant can prove that he or she is only responsible for a slight negligence.
6. Rules of Behavior for Participants
During the program, the participant shall be obliged to behave with utmost discipline and shall comply with all instructions of the JoeDakar GmbH personnel. Throughout the entire active driving part of the program, an absolute alcohol ban shall apply
(blood alcohol limit: 0.0). Any participant who infringes the above requirements or who is reasonably suspected of alcohol consumption may be totally or partly expelled from the further participation. A participation is only possible with complete motorcycle riders gear. This contains at least of: Enduro/Full face helmet (no Jet or Trial helmet), motorcycle boots (in offroad programs: Enduro boots). Motorcycle gear with at least knee, hip, back, shoulder and elbow protection. Full finger gloves.
7. Withdrawal by the Applicant (Cancellation)
The applicant shall be entitled to withdraw from the contract at any time in accordance with this clause 8. In case of cancellation the following cancellation fees shall be charged instead of the participation price:
In the case of one-day programs without accommodation:
− from the booking of the program until no later than the 29th day prior to the start of the program: 10 % of the participation price but no less than €25.00;
− from the 28th until the 15th day prior to the start of the program: 30 % of the participation price;
− from the 14th until the 8th day prior to the start of the program: 50 % of the participation price;
− from the 7th days prior to the start of the program or in case of nonattendance without prior notice: 100 % of the participation price.
For all other programs:
− from the booking of the program until no later than the 85th day prior to the start of the program: 10 % of the participation price;
− from the 84th until the 57th day prior to the start of the program: 40 % of the participation price;
− from the 56th until the 36th day prior to the start of the program: 60 % of the participation price;
− from the 35th until the 11th day prior to the start of the program: 85 % of the participation price;
− from the 10th days prior to the start of the program or in case of nonattendance without prior notice: 100 % of the participation price.
For the cancellation of vouchers (without booking of a specific program date) a cancellation fee of 10% but no less than € 25.00 will be charged. The applicant shall, however, be entitled to give evidence that JoeDakar GmbH did not suffer any damage at all or that the damage incurred is less than the cancellation fee charged.
Cancellations must be made in writing in order to be effective. The time limits set forth above refer to the receipt of the written statement of cancellation by JoeDakar GmbH.
9. Postponing and Cancellation by JoeDakar GmbH
JoeDakar GmbH reserves the right to postpone or completely cancel a program for due to lack of a sufficient number of participants, i.e. 50% of the of tickets offered for the program or
such smaller number published by JoeDakar GmbH prior to the conclusion of the contract, no later than 4 weeks prior to the scheduled start of the event. In such a case, the participation price shall be reimbursed completely. Further claims of the applicant and/or participant shall, however, be excluded.
10. Applicable law and jurisdiction
The exclusive place of jurisdiction for any present and future claims arising from the business relationship with traders and business people shall be Munich. Said place of jurisdiction shall
also apply in the event that the applicant is not subject to general jurisdiction in the domestic country or, after conclusion of the contract, transfers his or her place of domicile or habitual
residence to a foreign country or if his or her place of domicile or usual residence is unknown at the time of the filing of an action.
Without prejudice to mandatory consumer protection laws the applicable law for any disputes arising from or in connection with the participation contract shall exclusively be the law of the
Federal Republic of Germany.
Important Information concerning JoeDakar GmbH
Address where documents can be served: JoeDakar GmbH, Kanzlerweg 3, 83623 Dietramszell
JoeDakar GmbH is registered in the commercial register of the local court of Munich under HRB 209668, its legal representative is: Jochen Stather.
VAT identification no.: DE815503166.
Last revision: March 2014