Shivas way to Climb - der Trainingstempel
Terms and Conditions and BNO
Our General Terms and Conditions (AGB) contain binding regulations governing the use of our services. They define, among other things, details on services, prices, payment terms, contract duration, and cancellation options.
These terms are intended to clearly and transparently define the rights and obligations of both the coach and the clients.
Important Notice
Activities related to climbing and bouldering involve specific inherent risks.
All participants are therefore expected to act with a high degree of care, personal responsibility, and consideration for others.
1. General Provisions / Scope
These General Terms and Conditions apply to all business transactions and contracts between SHIVAS WAY TO CLIMB and its contractual partners.
2. Offers / Registration / Conclusion of Contract
2.1 General
All courses and services advertised by SHIVAS WAY TO CLIMB on its website, flyers, or through other channels are non‑binding and subject to change.
A binding contract is formed only after registration by the interested party (offer) and written confirmation by SHIVAS WAY TO CLIMB (acceptance).
The client is usually, but not necessarily, also the participant receiving the services (hereinafter: participant).
These General Terms and Conditions apply equally to clients and participants.
If the participant is not identical to the client, the client is responsible for informing the participant of these conditions and ensuring compliance. The client indemnifies SHIVAS WAY TO CLIMB against any claims by participants, except for liability claims that cannot be excluded under Section 7.
The contractual relationship is exclusively a service contract, not a contract for a specific result.
2.2 Organizational Tasks and Multi‑Day Events
If SHIVAS WAY TO CLIMB undertakes organizational tasks as part of seminars or multi‑day events (e.g. rental of rooms or accommodation, transport arrangements, or booking overnight stays), this is done solely in the name and with authorization of the client/participant.
Such organizational services are provided free of charge.
Advance payments to third parties (e.g. hotels, landlords) may be collected from participants for organizational purposes and forwarded accordingly. Any remaining amounts must be paid by participants directly to third parties on site.
SHIVAS WAY TO CLIMB does not offer or provide travel services within the meaning of a package travel contract.
3. Requirements for Participation / Conduct During Climbing Activities
By registering, participants confirm that they are physically healthy and sufficiently trained for the respective activity or training session.
Participants must already possess basic climbing and belaying knowledge and are responsible for ensuring proper technical equipment and its safe use.
Participants must follow the instructions of the trainer without delay. In cases of misconduct or safety violations, SHIVAS WAY TO CLIMB may exclude participants from the event.
4. Services
4.1 Description of Services
Services offered by SHIVAS WAY TO CLIMB include, but are not limited to:
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General and climbing‑specific mental training and coaching
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Sports psychology‑oriented consultation
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Individual technique and tactics training (primarily indoor)
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Performance diagnostics
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Development of training plans
Services may be provided as individual sessions, group workshops, seminars, or outdoor activities, either hourly or as one‑ or multi‑day events.
The content and structure of services are solely determined by SHIVAS WAY TO CLIMB.
4.2 Indoor Venues
Indoor events take place either in public third‑party sports facilities or in SHIVAS WAY TO CLIMB’s own training facility.
Participants are required to familiarize themselves independently with the respective venue’s rules, regulations, and safety guidelines.
4.3 Special Courses / Outdoor Events
For courses that must legally or professionally be led by specially qualified personnel (e.g. certified mountain guides in certain countries), responsibility for the event lies fully with the respective qualified professional.
5. Cancellation, Withdrawal & Refunds
5.1 Cancellation by SHIVAS WAY TO CLIMB
SHIVAS WAY TO CLIMB may cancel events under special circumstances, including:
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Force majeure or unforeseeable weather conditions
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Illness or injury of the trainer
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Failure to reach the minimum number of participants (generally 3 persons unless otherwise stated)
In such cases, fees already paid will be refunded. There is no entitlement to an alternative date.
Costs incurred independently by participants will not be reimbursed unless cancellation is due to gross negligence by SHIVAS WAY TO CLIMB.
5.2 Exclusion of Participants
Participants who act contrary to the purpose of the event or endanger others may be excluded. In this case, no refund will be granted.
5.3 Cancellation by Clients / Participants
Cancellations are subject to the following fees (based on receipt of cancellation notice):
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Up to 30 days before indoor event: 0%
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Up to 30 days before outdoor event: 40%
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Up to 14 days before indoor event: 30%
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Up to 14 days before outdoor event: 50%
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Up to 5 days before event: 70%
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Later or no‑show: 100%
Individually agreed appointments may be canceled free of charge up to 4 days before the session. After that, the full fee is due.
Proof of lower actual damages remains permissible.
6. Waiting List
If an event is fully booked, SHIVAS WAY TO CLIMB may maintain a waiting list.
No entitlement arises from placement on the waiting list.
7. Liability
SHIVAS WAY TO CLIMB is liable only for damages caused by gross negligence or intent, except in cases of injury to life, body, or health.
For slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable, typical damages.
8. Final Provisions
German law applies exclusively.
Place of performance is Haan, jurisdiction is Wuppertal, where legally permissible.
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
9. Exclusion Clause
Conflicting general terms and conditions are hereby rejected.
House Rules for the Climbing and Bouldering Training Hall of
SHIVAS WAY TO CLIMB – Der Trainings‑Tempel UG
(following separately)