General terms and conditions
Conditions
General Terms and Conditions of BALLFREUNDE GmbH, hereinafter referred to as BALLFREUNDE.
1. Registration, confirmation
1.1. B2B contractual partners
The sole contracting party of BALLFREUNDE GmbH is the sports club specified in the booking (hereinafter referred to as the „club“ or „customer“). BALLFREUNDE’s services are aimed exclusively at clubs, associations and legal entities (B2B business).
1.2. Ensuring the authority to act on behalf of the company
By submitting the booking, the person making the booking expressly confirms that they have been authorised by the association’s bodies authorised to act on its behalf (the Executive Committee in accordance with Section 26 of the German Civil Code (BGB)) to make all declarations relating to the booking. When making the booking, the applicant must provide an official email address for the association.
1.3. Personal liability of the applicant in the absence of power of representation
If the registrant acts without the requisite authority to act on behalf of the club and the club refuses to approve the contract, the registrant shall be personally liable to BALLFREUNDE as an agent without authority to act, in accordance with Section 179 of the German Civil Code (BGB). In this case, BALLFREUNDE is entitled, at its discretion, to demand that the applicant fulfil the contractual payment obligations or pay compensation (in particular cancellation fees in accordance with clause 4).
1.4. Formation of the contract
By registering, the registrant makes a binding offer to enter into a contract on behalf of the BALLFREUNDE association. The contract is concluded upon receipt of the written booking confirmation (an email is sufficient).
1.5. Tournament rules
By registering, the entrant accepts the BALLFREUNDE tournament rules.
2. Payment
2.1. Registration fee / Due date
Upon receipt of the booking confirmation, the registration fee per team becomes due immediately and must be paid within the payment term specified on the invoice. The registration fee covers the administrative and organisational costs incurred at the time of booking. In the event of a subsequent cancellation or withdrawal for reasons beyond BALLFREUNDE’s control, it will be treated as an expense already incurred and will therefore be charged or retained.
2.2. Participation fee / Final payment
The participation fee (costs for accommodation, meals, etc.) must be paid no later than eight weeks before the start of the event, without the need for a further reminder. The exact due dates and amounts are set out in the booking confirmation and the invoice. Payments must be made in a single sum for all registered participants, quoting the invoice number.
2.3. Last-minute bookings
For bookings made eight weeks or more before the start of the event, the total invoice amount (registration fee and participation fees) is payable immediately upon receipt of the invoice.
2.4. Late payment and withdrawal by BALLFREUNDE
If payments are not made by the due date, BALLFREUNDE may, following an unsuccessful reminder and after setting a grace period, withdraw from the contract. In this case, BALLFREUNDE is entitled to cancel the contract and to charge flat-rate cancellation fees in accordance with clause 4.2. Travel and tournament documents (final information) will only be provided once the balance has been paid in full, but no earlier than 14 days before the start of the event.
2.5. Cancellation and rebooking charges
Fees for cancellations, amendments or rebookings in accordance with Clause 4 are payable immediately upon invoicing.
3. Performance
3.1. Scope of services
The scope of the contractual services to be provided by BALLFREUNDE is set out in the relevant service description for the tournament (General Information) and in the details contained in the individual booking confirmation.
3.2. Form of ancillary agreements
Any deviating agreements, special requests or ancillary agreements must be confirmed by BALLFREUNDE in writing (an email is sufficient) in order to be valid.
3.3. Subject to programme changes
Subsequent changes or deviations of individual services from the agreed content (e.g. changes to the match schedule, venues or meal times) which become necessary after the contract has been concluded and were not brought about by BALLFREUNDE in bad faith are permitted, provided that the changes are not significant and do not impair the overall nature of the booked event.
4. Cancellation by the club and rebooking
4.1. Notice of withdrawal and form
The club may withdraw from the contract at any time before the event begins. The date of cancellation is determined by the date on which BALLFREUNDE receives the notice of withdrawal. The notice of withdrawal must be given in writing (an email to info@ballfreunde.com is sufficient).
4.2. Flat-rate cancellation fees
If the club withdraws from the contract or if the group fails to attend the event (no-show) through no fault of BALLFREUNDE, BALLFREUNDE shall retain the right to the agreed remuneration. However, BALLFREUNDE shall deduct any expenses saved. The flat-rate cancellation fees (per person cancelled), plus a processing fee of EUR 25 per booking, are structured as follows:
Up to 90 days before the start of the event: 0 % of the participation fee
89 to 31 days before the start of the event: 40 % of the participant’s fee
30 to 16 days before the start of the event: 60 % of the participant’s fee
From the 15th day before the event begins: 90 % of the participant’s fee
In the event of a no-show on the day of arrival: 100 % of the participant’s fee
The club reserves the right to prove that BALLFREUNDE has suffered no loss or a significantly lower loss. The registration fee per team remains unaffected in accordance with clause 2.1 and will not be refunded in the event of cancellation.
4.3. Goodwill policy for partial cancellations (number of guests)
BALLFREUNDE grants the club the right, on a one-off basis and no later than eight weeks (56 days) before the start of the event, to reduce the number of people booked by up to 10 % (rounded up to the nearest whole number) free of charge. Any reduction in the number of attendees beyond this limit or made at a later date will incur cancellation fees in accordance with clause 4.2. For any processing or changes from the second adjustment onwards, BALLFREUNDE will charge an administration fee of EUR 25 per transaction.
4.4. Impact on discounts and package prices
Should partial cancellations result in the number of participants falling below the minimum required for discounts, free places or group rates to apply, BALLFREUNDE reserves the right to recalculate the prices for the remaining participants in accordance with the applicable pricing scale.
4.5. Travel cancellation cover
BALLFREUNDE strongly recommends that the club and all participants take out travel cancellation and curtailment insurance.
5. Withdrawal, termination and changes to services by BALLFREUNDE
5.1. Force majeure, official orders and extreme weather
BALLFREUNDE assumes that all events will take place as planned. Should the proper staging of the event be rendered impossible or significantly impeded due to unforeseeable, exceptional circumstances (force majeure, e.g. natural disasters, extreme weather conditions such as heat warnings, storms or heavy rain, official orders, venue closures or security risks) makes it impossible or significantly more difficult to hold the event as planned, the following provisions shall apply.
5.2. Right to alter the programme and provide an alternative programme
In the event of circumstances arising as set out in clause 5.1, BALLFREUNDE is entitled to make appropriate adjustments to the tournament schedule, match times, venues and match formats (e.g. rescheduling matches to the morning or evening, use of alternative or indoor pitches, shortening of match times, or provision of a suitable alternative programme and supporting activities). Such adjustments do not constitute a breach of contract and do not entitle the club to withdraw from the contract free of charge, provided that the overall nature of the trip is maintained.
5.3. Use of travel services in the event of a change to a tournament
If, despite an adjustment to the sports programme in accordance with clause 5.2, the club makes use of the agreed remaining travel services (in particular accommodation and meals), the trip shall be deemed to have taken place. In this case, there shall be no entitlement to a full refund of the participation fee.
If, despite a justified adjustment in accordance with clause 5.2, the club does not make use of the alternative programme offered or the other travel services booked (in particular accommodation and meals), or if the group refuses to travel, this shall be deemed a cancellation by the club. In this case, the cancellation terms and fees set out in clause 4.2 shall apply. There is no entitlement to cancellation free of charge or to a full refund.
5.4. Cancellation before the event begins / Termination during the event
Cancellation prior to arrival: If it becomes entirely impossible to hold the event or an alternative programme as set out in clause 5.2 due to official bans or force majeure prior to arrival, the tournament will be cancelled. In this case, BALLFREUNDE will refund the entry fees paid. Any further claims by the club (in particular claims for compensation for individually booked travel, cancellation costs or other expenses) are expressly excluded.
Cancellation after arrival: If the event is cancelled or restricted on site after the group’s arrival due to force majeure or an official order, claims for payment for services already provided or which can no longer be cancelled (in particular accommodation, meals and programme items already completed) shall remain in full force. In such cases, BALLFREUNDE will only reimburse the expenses actually saved as a result of the cancellation.
5.5. Termination without notice due to breach of contract
BALLFREUNDE may terminate the contract without notice if participants, supervisors or accompanying persons of the booked group persistently disrupt the running of the event, despite a warning, or behave in such a manner as to breach the contract (e.g. vandalism, serious breaches of the house rules or the tournament rules) to such an extent that immediate termination of the contract is justified. If BALLFREUNDE terminates the contract for this reason, BALLFREUNDE retains the right to the participant fee, less any expenses saved. Any additional costs incurred as a result of an early return journey shall be borne by the club.
6. Group leadership, duty of care and compensation for damages
6.1. Group leaders of legal age and the duty of supervision
Each registered group must be accompanied and led by at least two adults (or at least three in the case of large groups of 20 or more people). Throughout the event, responsibility for supervising underage participants rests solely with the accompanying adults and carers appointed by the group or club.
6.2. Liability for damage caused by participants
The club shall be liable for all damage to property, financial loss and personal injury caused through the fault of participants, supervisors or accompanying persons in its group to property belonging to BALLFREUNDE or its service providers (e.g. accommodation providers, transport companies, sports facilities). BALLFREUNDE recommends that the club takes out club liability insurance.
7. Duration of the trip
The duration of the event and accommodation is stated in calendar days. Both the day of arrival and the day of departure count as full calendar days.
8. House rules and codes of conduct
8.1. Compliance with house rules
The relevant house rules and site regulations apply at the booked accommodation (e.g. hotels, youth hostels, schools, holiday villages) and at the sports facilities. Compliance with these rules is mandatory for all participants and accompanying adults.
8.2. Liability for breaches and clean-up costs
In the event of serious breaches of the house rules (e.g. disturbance of the peace, damage to property, smoking inside the building, or littering beyond what is considered normal), the service providers and BALLFREUNDE reserve the right to charge the club directly for any special cleaning or repair costs. Serious breaches may result in the exclusion of individual participants or the entire group in accordance with clause 5.5 or clause 11.
8.3. Use of play and event stations (e.g. bouncy castles)
Participants use the play stations, bouncy castles and event modules provided by BALLFREUNDE at their own risk. Supervision of underage participants in the event areas remains at all times the responsibility of the club’s accompanying staff or their legal guardians. The posted safety and usage instructions (e.g. maximum number of people, age/height restrictions, removing shoes) must be strictly observed.
For safety reasons (particularly in the event of adverse weather conditions such as wind, gusts or rain), BALLFREUNDE is entitled at any time to suspend or restrict the operation of the play areas with immediate effect. This shall not give rise to any claims for a reduction in fees or compensation against the club.
9. Sports and social programme
The organiser and BALLFREUNDE reserve the right to amend the tournament schedule, the venues and the supporting programme for valid reasons or in the event of force majeure, in accordance with clauses 3.3 and 5.2. BALLFREUNDE accepts no liability for the non-implementation or incomplete implementation of programme items, provided this is due to circumstances beyond BALLFREUNDE’s control.
10. Liability, Notice of Defects and Limitation Periods
10.1. Limitation of liability in B2B relationships
BALLFREUNDE shall be liable without limitation for damage resulting from injury to life, limb or health arising from an intentional or negligent breach of duty by BALLFREUNDE or by a legal representative or vicarious agent. For other types of damage, BALLFREUNDE shall only be liable in cases of wilful misconduct or gross negligence. In cases of slight negligence, BALLFREUNDE shall only be liable for a breach of a fundamental contractual obligation (cardinal obligation) the fulfilment of which is essential for the proper performance of the contract; in such cases, liability shall be limited to the foreseeable, typical average loss.
10.2. Services arranged by third parties
BALLFREUNDE shall not be liable for any failure of performance, personal injury or damage to property in connection with third-party services which are merely arranged and are expressly identified as such in the tender (e.g. third-party excursions, admission tickets to parks, public transport).
10.3. Personal responsibility and sports injuries
Participation in sporting and leisure activities is at the club’s and the participants’ own risk. BALLFREUNDE shall only be liable for accidents occurring during sporting events where it is at fault, in accordance with clause 10.1. The club and participants are advised to take out sports accident insurance and international health insurance.
10.4. Duty to cooperate and notification of defects on site
Should a defect arise in the services contractually owed, the club (represented by the group leader) is obliged to notify the BALLFREUNDE staff on site of this immediately in writing (e.g. by email or instant messaging) and to demand that the matter be rectified. If the club culpably fails to give notice of the defect, it shall not be entitled to any claims for a reduction in price or compensation in this respect. On-site BALLFREUNDE staff are not authorised to acknowledge any legal claims.
10.5. Limitation period
Claims by the association arising from the non-performance of services in accordance with the contract shall be time-barred one year after the contractually agreed end of the event. This does not apply to claims arising from injury to life, limb or health, or to damages resulting from a breach of duty by BALLFREUNDE committed with intent or through gross negligence; in such cases, the statutory limitation periods apply.
11. Exclusion from participation and group departure
11.1. Grounds for exclusion
If a participant, coach or accompanying adult behaves in a manner that seriously jeopardises or persistently disrupts the reputation of BALLFREUNDE, the safety of other people, the orderly running of the tournament or relations with service providers (e.g. accommodation providers, transport companies, sports venues), the person concerned may be excluded from further participation in the event.
11.2. Return journey for minors
If a participant who is a minor is excluded, the club (represented by the group leaders on site) is obliged to ensure, without delay, that the participant is properly supervised and that they return home immediately, at the club’s own expense. BALLFREUNDE may provide assistance with the organisation; any additional costs incurred as a result shall be borne by the club.
11.3. Disqualification of teams and overall supervision
The provisions set out in clauses 11.1 and 11.2 apply mutatis mutandis to entire teams or clubs. If, as a result of a ban, an accompanying adult is required to travel home with a participant who is a minor, and there are no longer sufficient adult supervisors available on site for the remaining group in accordance with clause 6.1, the entire group is obliged to leave the event immediately at their own expense. In such cases, there is no entitlement to a pro rata refund of the fees.
12. General Provisions, Consent of the Club and Image Rights
12.1. Representation and information within the association
By submitting the booking and accepting these General Terms and Conditions, the person making the booking declares, on behalf of the participating club, that the club’s executive committee (Section 26 of the German Civil Code (BGB)) and the relevant group and tour leaders have been informed of the contents of these General Terms and Conditions and the tournament rules, and that they agree to them in full. The club shall ensure that all obligations towards BALLFREUNDE are fulfilled by the authorised persons. BALLFREUNDE strongly recommends that clubs take out club liability insurance as well as group accident insurance for all participants.
12.2. Image, photograph and film rights
As part of BALLFREUNDE’s events, photographs, videos and audio recordings are taken of tournament scenes, prize-giving ceremonies, participants, coaches and spectators. BALLFREUNDE uses this media material for reporting, documentation and to promote its own future events (e.g. on its website, social media channels, in leaflets, print media, promotional films and magazines).
12.3. The Association’s duty to provide information and the right to object
The club undertakes to inform participants – or, in the case of minors, their legal guardians – about the taking and use of photographs and video footage during the tournament. Should a person not consent to the publication of footage in which they are individually and specifically highlighted (individual portraits/close-ups), they may object to such use either on the spot to the BALLFREUNDE tournament organisers or in writing (by email to info@ballfreunde.com).
13. Final Provisions, Governing Law and Jurisdiction
13.1. Applicable law
The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2. Jurisdiction for B2B contracts
As the contracting party is a sports club, association or other B2B business customer, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the registered office of BALLFREUNDE GmbH.
13.3. Written form
Any additions, amendments or supplementary agreements to these terms and conditions must be made in writing to be valid (an email is sufficient).
13.4. Severability clause
Should any provision of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the valid provision that most closely approximates the economic purpose of the invalid provision shall be deemed to have been agreed.
