General Terms and Conditions of Business
General Terms and Conditions of United BigGame GmbH, Achtrutenberg 10,
13125 Berlin, HRB 231661 B (,'Organiser')
1 Validity of the General Terms and Conditions
In addition to the game rules to be accepted by the participants in connection with the registration for events of the organiser, the following general terms and conditions apply.
2. no application of the regulations on distance contracts
Pursuant to § 312 b III No. 6 of the German Civil Code (BGB), the regulations on distance contracts do not apply to contracts between the organiser and the participant on leisure activities in the form of participation in an event offered, since the organiser undertakes at the time of conclusion of the contract to provide the services for the relevant event within a precisely specified period of time.
3 Conclusion of contract
The offer to conclude a contract is made by the customer as soon as he has clicked on the "Complete Reservation" box. A contract between the customer and the organiser is only concluded when United BigGame sends the reservation confirmation to the customer. Deviating from this, in the case of payment in advance, the contract comes into effect with the sending of the confirmation of receipt of the full payment by United BigGame.
No responsibility is taken for the correctness of the data contained in the online presence of United BigGame.
Ticket order for collection: The contract is concluded when the purchase price is credited to United BigGame. Identification must be presented when collecting tickets. Collection only at the venue.
If the customer does not collect the ticket deposited at the entrance box office by the close of the box office, the organiser is entitled to sell the seat elsewhere. No refund, even partial, of the ticket price will be made.
4. price components and payment modalities
Depending on the event and order modalities, payment can be made by credit card (Visa, or Master-Card/EuroCard), PayPal and/or by advance payment by bank transfer. The statutory value-added tax is included in the price. The total price of the order including all fees is due for payment immediately after conclusion of the contract. Deviating from this, in the case of payment in advance, the total price is to be transferred in full to the account named by United BigGame within 14 days of the date of receipt of the reservation confirmation.
5. rights of revocation and return
As United BigGame offers services in the field of leisure events - in particular tickets for events - there is no distance selling contract in accordance with
§ 312b BGB (see point 2). This means that there is no right of revocation or return. Each order for admission tickets is therefore binding immediately after confirmation (in accordance with point 3) and obliges the customer to accept and pay for the order.
6. provisions for the use of the United BigGame website
The offer of United BigGame is directed exclusively at persons of legal age. The customer who wishes to purchase tickets or vouchers online via the United BigGame website or its login/registration page must register. The registration itself does not obligate the customer to purchase tickets or to disclose payment modalities. The customer warrants that all data provided by him/her during registration are true and complete and that he/she is authorised to dispose of the means of payment specified by him/her during the ordering process.
The customer is obliged to keep his password secret and not to pass it on to third parties. The password can be changed in the customer account by the customer at any time. He/she must inform United BigGame immediately if he/she learns of unauthorised use of his/her customer account or suspects such use. The customer is liable for any misuse of the access data to be kept secret by him/her.
The customer undertakes not to disrupt the proper functioning of the website by technical interventions. The setting of deep links and framing is only permitted with the prior consent of United BigGame.
7. warning/instruction regarding health risks
The risk of serious or even fatal injury resulting from participation in the game of paintball cannot be completely eliminated. Although it is STRICTLY REQUIRED that the participant wears tested and CORRECTLY fitted protective equipment (tested full face mask system, neck and genital protection) and is disciplined and prudent, this risk can be significantly reduced, but there is still a residual risk. The participant is informed that paintball can be physically and mentally demanding. The participant is informed that other participants may hit him or her with projectiles (paintballs).
The participant is informed that other participants will shoot at him/her with paintballs that have been given a high speed and that he/she will therefore suffer at least multiple painful bruises (haematomas) even if the other participants behave correctly.
8. warning/instruction to enter at own risk
The participant is informed that the entire playing field (and in general the entire event area) is a very dangerous, built-up and wooded area (former military facility), which exposes him/her to a multitude of not specifically designated and uncontrolled dangers (in particular slipping, stumbling, falling and the resulting typical dangers), falling and resulting typical injuries such as fractures, pointed and sharp objects, barbed wire debris, falls, falling stones and objects, loss of orientation in remote parts of the field, exhaustion, dehydration, fatigue, overexertion, heat stroke and risks associated with rescue from remote areas). In addition, the roads and paths on the site are in poor condition (potholes, edges unpaved, bumps, gravel paths) and there are NO appropriate warning signs. In this sense, the following applies: Entering and walking on the grounds, participating in the game (also as a spectator) and driving on the grounds with vehicles or motor vehicles of any kind is at your own risk!
9. age/recommendation for health check
The participant assures that he/she is at least 18 years old. Due to the high level of physical exertion described when participating in a match, a medical examination is strongly recommended for each participant prior to participation in the match.
10. compliance with the regulations for colour marking weapons
The participant undertakes to comply with ALL German regulations concerning colour marking weapons, pressure vessels and systems which may be acquired and possessed without a permit by persons of legal age, and in particular with the provisions of the Weapons Act.
11. exclusion from the event
The organiser reserves the right to refuse admission to any participant for good cause against payment of the nominal value of the services already paid for. Important reasons are, for example, the suspicion of the intention to commit criminal offences or the suspicion of national socialist sentiments.
The organiser is also entitled to terminate the contract for participation in the event with immediate effect without reimbursement of the nominal value of services already paid for in advance and not yet used and, in exercising its domiciliary rights, to expel the participant from the event premises if the participant violates the rules of the game, the rules of the game as stated on the registration form, or causes lasting damage to the reputation, safety or image of the event or the organiser, is objectively suspected of committing criminal offences at the event or endangers other participants/visitors or the event staff or causes considerable or repeated disturbance or nuisance.
12. resale or giving away of the right to participate
Any resale or gift of the services purchased by the participant is prohibited without obtaining the prior written consent of the organiser. The Organiser may only withhold consent for good cause.
13. commercial acts
Any commercial activity on the part of the participants (in particular the trade with (colour mark) weapons or accessories) is prohibited on the event premises.
14. sound and image recordings
The bringing of sound recording devices of any kind as well as photo, film or video cameras is generally not permitted. Any kind of picture and sound recordings, also for private use, is strictly prohibited. The same applies to the use of mobile phones for the purpose of image and / or sound recording, as well as other devices that are capable of the aforementioned functions.
15 Right to one's own image/consent to publication
Photographers may be present at the event to photograph or film the event and the course of the game; depending on the perspective, the participant may be recognisable in these photos/videos. The organiser will publish these photos/videos on the following media: The photos/videos may be posted on the organiser's websites, Facebook and scene-specific forums and, last but not least, on the YouTube platform and/or in the organiser's promotional materials (flyers, posters, online banners, etc.). The individual photographers may also use the photos as reference material on their own websites as well as on Facebook. The participant expressly consents to such publication in accordance with § 22 KUG; the participant is not entitled to any remuneration in this respect.
16 Cancellation of the event
The Organiser's events shall be held in the open air and in principle in all weather conditions. By way of exception, the event shall be terminated immediately if weather conditions such as precipitation, temperature and wind or force majeure (in particular forest fire or flooding of the event site) cause or give reason to fear danger to life, limb or health of the participants and/or the event staff. In this case, the participant shall only be entitled to a refund of any participation fee already paid if the organiser is at fault for the event leading to the cancellation. If the organiser is able to offer the participant an alternative date for participation in the event concerned, the organiser shall not be obliged to refund the participation fee even if the participant is at fault for the cancellation.
17 Liability of the organiser
The organiser shall not be liable for accidents/injuries/damage to the participant for which the organiser is responsible or for which the organiser is responsible; the organiser shall also not be liable for accidents/injuries/damage for which a participant and/or spectator is responsible or for which the organiser is responsible.
Furthermore, the following shall apply to any liability on the part of the organiser: The liability of the organiser for damages, irrespective of the legal grounds, insofar as fault is involved, shall be limited in accordance with this clause. The organiser shall not be liable in the event of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. An essential contractual obligation is one on which the client relies and may rely. Material contractual obligations are, for example, the obligation to deliver and install the delivery item free of material defects in a timely manner as well as advisory, protective and custodial obligations which are intended to enable the client to use the delivery item in accordance with the contract or which are intended to protect life or limb. Insofar as the organiser is liable on the merits for damages in accordance with this section, this liability is limited to such damages as the organiser foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which he should have foreseen by exercising due care. Indirect damage and consequential damage shall only be compensable insofar as such damage is typically to be expected in the case of intended use. Exclusions and limitations of liability apply to the same extent in favour of the organiser's organs, legal representatives, employees and other vicarious agents. The limitations of this section do not apply to the liability of the organiser due to intentional conduct, for guaranteed characteristics, due to injury to life, body or health or according to the Product Liability Act.
General Terms and Conditions of Business