Terms and Conditions: Kids Camp America UG (KCA WieMainz)

Terms and Conditions: Kids Camp America UG (KCA WieMainz)

1. Subject of the Contract

These General Terms and Conditions govern the provision of services within the framework of the KidsCampAmerica holiday program. The contract services and participation requirements are outlined in the respective published catalog (in print or electronically on http://www.kidscampamerica.com). The contracting parties are Kids Camp America UG, represented by Lori Nolte (hereinafter referred to as Franchisee KCA WieMainz), and the participant (hereinafter referred to as Customer).

2. Registration, Formation of the Contract

A contract for participation in the program is established by the customer filling out and submitting the registration form in electronic, fax, or written form and receiving a confirmation from KCA WieMainz.

3. Services

3.1 The nature and scope of the services are described in the catalog’s service descriptions; minor content deviations are reserved.

3.2 KCA WieMainz will carry out the services described in the catalog in the specified locations.

4. Payment Terms, Default

4.1 Invoices from KCA WieMainz are due and payable immediately upon receipt without deduction.

4.2 Incomplete participation in the program does not entitle the participant to a reduction in compensation. Furthermore, the absence of expected third-party subsidies for expenses is not a valid reason for the participant to withhold payment.

4.3 In case of non-compliance with a payment deadline, KCA WieMainz is entitled to exclude the participant from participation.

5. Contract Termination, Changes

5.1 KCA WieMainz reserves the right to cancel program dates for reasons beyond its control. If the participant has already paid fees to KCA, they will be refunded in the paid amount. Further claims by the participant are excluded.

5.2 The choice of time and location for events within the KidsCampAmerica program is at the discretion of KCA WieMainz. KCA WieMainz reserves the right to change the announced start time or location of events if necessary for organizational reasons. The participant can withdraw from the contract within one week from the date of the change notification and demand a refund of the already paid compensation. Further claims by the participant are excluded.

6. Right of Withdrawal, Cancellation Rights, Rescheduling

6.1 The customer is granted a right of withdrawal up to 6 weeks before the camp starts. Withdrawal must be made in writing by the legal guardians to Kids Camp America UG, Neugasse 15, 65239, Hochheim am Main, or wiemainz@kidscampamerica.com, with the receipt determining the effectiveness. In the case of effective withdrawal, a cancellation fee of €30 for Day Camps and €60 for Overnight Camps will be charged. Beyond this, additional payments will be refunded. No refund can be made for withdrawals later than 6 weeks before the camp starts.

6.2 According to §312g, (2)9 BGB, the customer is not granted a right of withdrawal.

6.3 Booking changes will be charged a fee of €15 per booking.

6.4 We recommend purchasing the travel insurance offered for each of our camps.

7. Copyrights, Usage Rights

7.1 KCA WieMainz reserves all rights, including translation, reproduction, and duplication of documents, even in electronic form (e.g., in PDF format), or parts thereof. No part of the documents may be reproduced, processed, altered, distributed, or otherwise used for public reproduction without the written permission of KCA WieMainz.

8. Liability

8.1 KCA WieMainz is not liable for health or other damages to participants or third parties, unless attributable to the fault of the supervisory personnel appointed by KCA WieMainz. Liability for slight negligence is excluded. It is recommended to check the liability and accident insurance (family insurance) of the customer.

8.2 The legal liability for injury to life, body, and health, as well as under the Product Liability Act, remains unaffected.

8.3 KCA WieMainz is not liable for the loss, damage, or destruction of the participant’s belongings in connection with the implementation of the holiday program, unless attributable to intentional or grossly negligent behavior by KCA WieMainz. It is strongly recommended not to bring expensive electronic devices, jewelry, or similar valuables to the camp.

8.4 The costs of damages to the property of the camp accommodations or items owned by KCA WieMainz, which can be proven to be due to the behavior of a child, are to be borne by the legal guardians.

8.5 KCA WieMainz is not liable for damages caused by force majeure, riot, war, and natural events, as well as other incidents beyond their control or due to non-negligent technical malfunctions, such as those of the IT system.

8.6 To the extent that the liability of KCA WieMainz UG is excluded or limited, this also applies to its employees, representatives, and agents.

9. Conduct of Participants

Participants commit to following the instructions of KCA WieMainz employees at all times. KCA WieMainz reserves the right to exclude children from camp activities to ensure the safety and well-being of the remaining participants. In this case, no fees will be refunded.

10. Medical Release

The legal guardians consent to necessary medical measures, including urgently required operations, being initiated if parental consent cannot be obtained in time due to special circumstances. The legal guardians confirm that the child is healthy or only suffers from the specified illnesses. Any sudden changes in the health condition will be communicated immediately. Legal guardians undertake to inform KCA WieMainz in writing if the child has a contagious disease, carries or excretes pathogens without being sick themselves, or if a family member has a contagious disease or if there is a suspected case.

11. Data Protection

11.1 The participant is informed in accordance with the Federal Data Protection Act that KCA WieMainz stores their complete address and other order-specific details in machine-readable form and processes them for tasks arising from the contract. KCA WieMainz ensures the confidential treatment of this data.

11.2 KCA WieMainz undertakes to treat the personal data provided by the participant, especially name, address, age, and billing information, confidentially. It will take appropriate measures (§ 9 BDSG) and obligate its employees to ensure that this duty of confidentiality is maintained during the term of the use of services from KCA WieMainz and after its end.

11.3 We may share your data with third-party providers, service providers, contractors, or agents (“Third Parties”) who provide services for us or on our behalf and need access to such information to perform this work. We have contracts with our third-party providers to protect your personal information. This means they can’t do anything with your personal information unless we’ve instructed them to do it. They also won’t share your personal information with any organization other than us. They also commit to protecting and storing the data they hold on our behalf for the period specified by us. The third-party providers with whom we may share personal information are:

  • Camp Management Software
    Wirtschaftswunder.digital GmbH
  • Kids Camp America GmbH

12. Applicable Law and Jurisdiction

12.1 This agreement is subject to the laws of the Federal Republic of Germany.

12.2 The place of jurisdiction for all disputes arising from the contractual relationship is, to the extent permitted by law, Hochheim am Main.

13. Written Form and Continuation of the Contract

13.1 The parties undertake to make changes and additions to the contractual conditions in writing. This also applies to the written form requirement according to this clause 11 of the General Terms and Conditions.

13.2 If individual parts of the contract are ineffective, the validity of the contract as a whole remains unaffected.

As of August 2023.

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