Standard Terms and Conditions

Standard Terms and Conditions

1. Scope of Standard Terms and Condition
s

The ISB website is operated by Indoor Skydiving Bottrop GmbH, Prosperstrasse 297, 46238 Bottrop ("ISB"). These Standard Terms and Conditions apply to the presentation of services, reservations, purchases and other use of the website as well as the products and services described on the website.

2. Scope of Services

ISB operates this website (“ISB Website”) for the sale of flight time at the indoor skydiving facility in Bottrop (“Tunnel Time”) and vouchers for Tunnel Time.
Our customers can make direct, binding reservations for Tunnel Time for a specific time or a precisely defined period (“Ticket”) via the ISB Website.
Customers can also purchase vouchers for tickets (“Vouchers”) including certain ancillary services (e.g. a DVD of their skydiving experience) via the ISB website.
When you purchase a Ticket or a Voucher, you will have the possibility of checking all your data (e.g. name, address, mode of payment and articles ordered) and changing them if necessary before making your order. If, after checking all the relevant data and accepting our Standard Terms and Conditions, you press the “Submit order” button, you will be have deemed to have made a binding offer to ISB. This offer will be accepted (and a contract concluded) when we send the goods which are ordered (reservation confirmation for your Ticket or Voucher) to you. If you would like a printed copy of your order data, you may print the order confirmation which will appear on your screen after you have submitted your order. You will also receive all the relevant data of your order by email. You can then print the email.

3. Redemption of Vouchers


When full payment has been made (see Section 6 below), Vouchers entitle you or the person designated by you to reserve Tunnel Time for one person irrespective of the current price of a Ticket. For two or more persons, it is necessary to purchase and redeem at least one Voucher per person.
Vouchers remain valid for 3 years from date of issue. During this period, the risk of price increases for Tunnel Time will be borne by ISB. When this period has elapsed, it is no longer possible to redeem a Voucher for reasons connected with our price calculation and capacity planning. The date of issue of your Voucher is printed on your Voucher. Vouchers are transferable and may be redeemed by any person who meets the conditions for our skydiving experience (for further information on the conditions, please refer to the menu item “I want to fly” on the “Can I fly” page of the ISB Website).
Within their period of validity, Vouchers for a specific tunnel experience (e.g. AIRlebnis XL) may be exchanged for other Vouchers (e.g. AIRlebnis M) upon payment of an administration charge of €15.00. The administration charge cannot be paid using a Voucher. The new Voucher issued will have a period of validity of three years. If a Voucher is exchanged for a Voucher with a higher price, the customer must pay the price difference. If the new Voucher is less expensive than the original Voucher, the price difference will remain as a credit on the original Voucher.
Vouchers won in competitions and promotion vouchers may not be exchanged or set off against existing orders/reservations or combined with other ISB promotion campaigns or discounts. In such cases, Vouchers are also subject to the conditions printed on the Voucher and/or the competition documents and the conditions of the relevant competition.
After entering the data of your Voucher on the ISB Website, you will be able to inspect the services concerned, the conditions for participation and our Standard Terms and Conditions, to accept these conditions and submit a binding reservation enquiry to us.
Upon the confirmation of a reservation enquiry by ISB, a contract will be deemed to have been concluded between the holder of the Voucher and ISB. The ISB reservation software will send an automated reservation confirmation to the customer by email. In some cases, the reservation confirmation will be sent immediately following the reservation enquiry for printing out by the customer.

4. Prices/Packaging and Shipment


The prices at which Tickets and Vouchers are offered are binding. All prices quoted are gross prices, plus packaging and shipping charges if applicable. Normally, Tickets and Vouchers are dispatched by email free of charge.

The customer shall not be entitled to set off any amount from amounts due to ISB except where such counterclaim is recognised or not disputed by ISB or an enforceable judgement has been rendered in respect of such counterclaims. The customer shall also not be entitled to exercise any right of retainer except in respect of claims in connection with the same contractual relationship.

5. Payment and Delivery - Set-off and Retainer

Various modes of payment may be available for goods and services ordered, including direct debit, invoice or credit card. ISB reserves the right to exclude certain modes of payment in individual cases. The modes of payment which are available are indicated on the ISB Website
Goods will be delivered to the person and address designated by the customer. Depending on the type of shipment, mode of payment and destination selected by the customer, goods will be delivered either immediately or within one week. In the event of strikes and force majeure, delivery periods will be extended by the resulting delay. This also applies in the event that the customer fails to perform any of its obligations.
In the event of loss, suspected loss or theft of Vouchers, please contact the Customer Service Department (Abt. Kundenservice) of ISB immediately.
 
Indoor Skydiving Bottrop GmbH
Abteilung Kundenservice
Prosperstrasse 297
46238 Bottrop
Phone: +49 (0) 2041 37373-0
Mon - Fri from 9.00 a.m. to 5.00 p.m.
Email: kundenservice@indoor-skydiving.de

Immediate notification is necessary in order to ensure that the access codes on the Voucher are blocked. ISP will assume no liability whatsoever for the unlawful redemption of any Voucher which has not been reported as lost or stolen.
The availability of the ISB Customer Service Department, ordering and delivery dates and courier service fees for orders placed before public holidays (especially Christmas) may vary. Further information on these conditions is available from the Customer Service Department.
The customer shall not be entitled to set off any amount from amounts due to ISB except where such counterclaim is recognised or not disputed by ISB or an enforceable judgement has been rendered in respect of such counterclaims. The customer shall also not be entitled to exercise any right of retainer except in respect of claims in connection with the same contractual relationship.

6. Retention of Title/Rescission in the Event of Non-Payment/Delay in Payments

The goods (Ticket, Voucher) shall remain the property of ISB until full payment is received by ISB. Payment shall be made no later than 14 days after the issue of the invoice (invoice date). Following the expiry of this payment period, ISB shall be entitled to rescind the contract and to cancel the Voucher. Nothing contained herein shall affect the statutory rights of ISB in the event of non-payment by the customer.

7. Cancellation rights

The customer may cancel the contract for the purchase of Vouchers or the reservation of a flight within two weeks without stating any reasons in text form (e.g. by letter, fax or email) or, if the cancellation period has expired when the goods are delivered, by returning the goods.
The period for cancellation starts when the customer receives this information in text form or when the goods are received, whichever is later, but not before ISB has met its information obligations in accordance with Section 312c (2), BGB (German Civil Code) in conjunction with Section 1 (1), (2) and (4), BGB-InfoV (German Civil Code Information Ordinance) and its obligations in accordance with Section 312e (1), Sentence 1, BGB in conjunction with Section 3 BGB-InfoV. The customer shall be deemed to have submitted a cancellation in good time if cancellation is submitted or goods are dispatched in good time. Cancellations and returned goods shall be addressed to:

Indoor Skydiving Bottrop GmbH
Customer Service
Prosperstrasse 297
46238 Bottrop
Phone: +49 (0) 2041 37373-0
Mo-Fr from 9 am to 5 pm
E-Mail: kundenservice@indoor-skydiving.de

Consequences of Cancellation
in the event of a valid cancellation, the customer shall return to ISB promptly the goods and services received and any benefits enjoyed as a result of such goods or services. If it is not possible for the customer to return the goods received to ISB in whole or in part or the customer is only able to return goods in a condition which has deteriorated, the customer shall pay to ISB compensation for such non-returned goods or deterioration. In the case of goods delivered, the customer shall not be obligated to pay compensation for any deterioration which is solely due to the inspection of the goods to the extent which would have been possible in a shop. The customer may avoid any obligation to pay compensation in respect of deterioration caused by the use of the goods for their intended purpose by not using the goods as his or her property and refraining from any act which could impair the value of the goods.
Goods which it is feasible to return via parcel services shall be returned at the risk of ISB. The customer shall bear the cost of returning goods if the goods are in accordance with the customer’s order and the value of the goods to be returned does not exceed €40.00 or the value of the goods is higher and the customer has not paid the price or part of the price of the goods at the time when the customer cancels the contract. Otherwise, goods may be returned at the expense of ISB, in which case the parcel should be marked “postage to be paid by addressee”. Obligations to refund payments shall be met between within 30 days starting from the submission of the customer’s declaration of cancellation or the goods in the case of the customer and from the receipt of the declaration of cancellation or the goods in the case of ISB.

The customer shall not be entitled to cancel any contract for the purchase of a Voucher if the Voucher has already been redeemed.

Please note that cancellation or return is not possible in the case of the purchase of Tickets (Section 312b (3) no. 6, BGB).

8. Resale

The customer shall not be entitled to resell any ISB Vouchers on a commercial basis unless otherwise agreed in writing with ISB. ISB hereby reserves all rights, including without limitation the right to claim compensation, in the event of any infringement of the provisions of this Section 8. For each individual infringement of this Section 8, the customer hereby undertakes to pay a penalty of €1000.00 and shall not be able to claim that several infringements constitute one continuous infringement. In any such case, ISB shall be entitled to claim from the customer compensation for loss or damage actually incurred in excess of said penalty.

9. Description of the Experiences

The description of an experience presented on the ISB Website is correct as of the date when it was posted on the ISB Website. The content of experiences may be subject to minor changes. ISB will use its best efforts to reflect these changes in the general description of the experience on the ISB Website. A more precise description of experiences may be obtained by calling the ISB Customer Service Department (see Section 5).
Photographs used in connection with descriptions of experiences on the ISB Website are used solely to illustrate the descriptions. Such photographs are not binding and experiences may vary from them.
The durations quoted for the various experiences on the ISB Website are intended purely as an indication of the time which will be spent by the customer on the tunnel experience concerned. Tunnel experiences may be shared with other participants. Customers must therefore expect certain waiting times. The times published on the ISB Website are therefore non-binding and some variation is possible.
ISB assumes no guarantee whatsoever concerning the properties or freedom from defects of the data or map excerpts presented on the ISB Website.
 
10. Requirements for Participation in an Experience

Only persons who meet certain personal requirements (e.g. age, health, weight – for further information on the conditions, please refer to the menu item “I want to fly” on the “Can I fly” page of the ISB Website) may take part in tunnel experiences. The conditions are stated in the description of the tunnel experience given on the ISB Website. After a reservation has been made, the customer shall be responsible for ensuring that the customer or the person who is to take part in the experience meets the minimum requirements. In the event that the participant does not meet the minimum requirements, no refunds will be made. All the requirements for participation are stated in the current description on the ISB Website. ISB requests all customers to read these descriptions carefully
 
11. Availability

Participation in a tunnel event depends on the availability of the event. Customers will find the latest dates on the ISB Website or may obtain information by calling the ISB Customer Service Department (see Section 5). ISB recommends customers to book experiences at least 14 days in advance. Reservations will only be deemed to have been made when the customer has received an electronic reservation confirmation. ISB recommends customers not to make travel and accommodation arrangements until they have received the reservation confirmation. If the customer is unable to take part in an experience which has been reserved, ISB shall not be under any obligation to reimburse travel or accommodation expenses incurred by the customer.
 
12. Physical Disabilities

ISB welcomes the participation of persons with disabilities in its tunnel experiences. However, ISB would like to point out that participation may be difficult or impossible. In such cases, ISB will use its best efforts to make it possible for people with disabilities to take part in tunnel experiences. ISB therefore requests customers to provide information on any disabilities of the person who is to take part in experiences when placing orders. ISB will provide information concerning its facilities for persons with disabilities upon request.
 
13. Non-availability

In the event that the availability of a specific technical facility or the participation of a specific person forms part of the content given in the description of any experience and said technical facility or person is not available on the date of the experience concerned, ISB reserves the right to provide an appropriate substitute facility or person or, in the event that this is not possible, to cancel the experience concerned, also at short notice. In any such case, the Voucher shall remain valid. In the event that it is not possible to produce a DVD which has been ordered by the customer in advance as a result of a technical fault in the video system of ISB, the customer shall not be entitled to a further flight free of charge.

14. Changes in Services

Any changes in the content of individual tunnel experiences or deviations following the purchase of a Voucher will only be made if they are necessary and do not have a significant impact on the overall content of the event. There may be slight deviations in the content or procedure of a tunnel experience in the course of the year.
In the event of a major change in the content of a tunnel experience, the customer shall, in the event that the  Voucher has not yet been redeemed, be entitled to rescind the contract free of charge or to select a Voucher of equal value available on the ISB Website.
 
15. Liability

The liability of ISB in contract and in tort shall be limited to loss or damage caused by wilful act or omission or gross negligence. This shall not apply in the event of death, personal injury, damage to health, the infringement of material obligations under the contract and damages for delay (Section 286, BGB), in which cases ISB shall be liable for all degrees of neglicence. Liability in the event of delay shall be limited to liquidated damages of 5% of the value of the Voucher per full week of delay, subject to maximum liquidated damages for delay of 50% of the value of the Voucher. In the event of the infringement of material obligations under the contract, the liability of ISB shall be limited to such loss or damage as could reasonably have been foreseen.
In the event that liability for loss or damage caused by slight negligence, with the exception of death, personal injury or damage to health, is not excluded, such claims shall be forfeited unless made within one year of the date when they arose.
Descriptions and illustrations in the brochures, catalogues and other promotion material of ISB shall not be deemed to constitute any warranty towards the customer.

16. Cancellation by the Customer/Postponement

In the event that a Voucher cannot be used within its period of validity by the customer or a person designated by the customer or it is not possible for the customer or a person designated by the customer to take part in a reserved flight, the customer or the person designated by the customer shall be responsible for ensuring that the Voucher or reservation is used in another way (e.g. by giving it to another suitable person). The customer shall not be entitled to cancel or rescind the contract with ISB following the expiry of the cancellation period except for the reasons provided for by law.
Postponements following the redemption of a Voucher or the purchase of a Ticket may be made solely by agreement with ISB. In any such case, ISB will charge an administration fee to cover the additional cost incurred by ISB taking into account any savings made and the use of the services concerned for other purposes. In any such case, the customer shall be entitled to prove that the additional cost incurred by ISB was lower. The amount of the administration fee shall be determined on the basis of the flying time reserved and the date when the postponement is received. The administration fee is as follows:

First-time flyers, groups and companies:
2 minutes flying time: €15
4 minutes flying time: €25
6 minutes flying time: €35
10 – 20 minutes flying time: €50

Administration fee for all other first-time flyers, groups and company packages:
Up to 10 days before the flight date: free of charge
3 – 10 days before the flight date: 25% of price
1 – 3 days before the flight date: 35% of price
On flight date: 50% of price

Administration fee for pro flyer times
Changes in reservations for up to 60 minutes flying time:
Up to 36 hours before flight appointment: free of charge
Within 36 hours of flight appointment: 50% of price or new reservation for only 50% of the flight time originally reserved

Changes in reservations for more than 60 minutes flying time:
Up to 3 days per hour of flying time booked before the flight date: free of charge
example: a reservation for three hours of flying time is to be changed. The change must be received at least nine days before the original flight date.
Within 3 days per hour of flying time booked before the flight date up to 36 hours before the flight appointment: 30% of price or new reservation for only 70% of the flight time originally reserved. Within 36 hours of flight appointment: 50% of price or new reservation for only 50% of the flight time originally reserved.

We recommend participants to arrive 45 minutes before their reserved flight appointment. If a participant is not checked in in person no later than 30 minutes before his or her reserved flight appointment, the reservation will be forfeited.

We would like to remind customers of the possibility of concluding cancellation and baggage insurance as well as insurance contracts to cover return travel expenses in the event of an accident or illness.
 
17. Cancellation of Group and Event Packages
 
The following deadlines and charges apply to the cancellation of reserved group and event packages:
Up to 14 days before the event: free of charge
13 – 7 days before the event: 50% of the price of the event
6 – 3 days before the event: 75% of the price of the event
2 – 1 day before the event: 80% of the price of the event
On flight date: 100% of the price of the event
 
18. Rescission by ISB

Until the Voucher has been redeemed, ISP shall be entitled to rescind the contract (for the purchase of the Voucher) for reasonable cause, including without limitation:
  • in the event that ISB cannot reasonably be expected to provide the experience because unreasonable financial loss would be incurred for reasons for which ISB is not responsible;
  • in the event of force majeure.
In any such case, ISB will promptly refund the price paid by the customer unless the customer exercises its right to reserve an experience of at least equal value with ISB.

19. Form of Declarations

Declarations and notifications to be made or given by the customer to ISB or any third party shall be valid only if made in text form.

20. Intellectual Property Rights of ISB

The customer shall be deemed to have recognised that the content of the ISB Website and any software used in connection with the ISB Website (“ISB Software”) is covered by intellectual property rights and contains confidential information protected by statutory provisions, including without limitation provisions for the protection of intellectual property rights. The customer shall also be deemed to have recognised that content in the advertising of ISB and its partners or other third parties on the ISB Website and information received by customers on the ISB Website or through advertisements on the ISB Website may be protected by copyright, trademarks, patents or other intellectual property rights or laws. Unless ISB or the third party concerned has not given express written permission, the customer shall not be entitled to modify, rent, lease, lend, sell, distribute or redesign works which may be downloaded from or are accessible via the ISB Website in whole or in part.

21. Use of the ISB Website /Exclusion of Warranties

Customers use the ISB Website at their own risk. Customers download or otherwise receive content in connection with the ISB Website at their own risk and remain solely responsible for damage to their own computer systems or other technical equipment used in connection with the ISB Website, for the loss of data or for any other loss or damage as a result of the downloading of content or other transactions on the ISB Website. Any liability of ISB which may exist for whatsoever reason irrespective of this exclusion of liability shall be limited to loss or damage caused by wilful act or omission or gross negligence or the infringement of a material provision of the contract. In the case of loss or damage caused by the negligent infringement of non-material obligations under the contract or obligations in connection with contract negotiations, the liability of ISB for indirect damage or non-typical consequential loss or damage shall be excluded and any other liability of ISB shall be limited, as to amount, to the average loss or damage typically to be expected in connection with the contract. Nothing contained herein shall affect the strict liability of ISB under the German Product Liability Act. Unless otherwise expressly agreed, any advice or information which the customer may receive in connection with the use of the ISB Website, whether orally or in writing, shall not give rise to any warranty on the part of ISB.

22. Amendments to Standard Terms and Conditions

ISB reserves the right to amend or supplement these Standard Terms and Conditions with effect from the future. The latest valid version of the Standard Terms and Conditions which is available for downloading from the ISB Website shall apply in each case without it being necessary for ISB to give the customer specific notice of each amendment.

23. Applicable Law/Venue for Disputes/Miscellaneous

The contract shall be governed by and construed and interpreted in accordance with the law of Germany.
This shall not apply in the event that specific consumer protection legislation of the customer’s home country is more favourable to the customer (Section 29, EGBGB (Law Introducing the German Civil Code)).
If the customer does not have a general venue for disputes in Germany or another EU member state, is a business or company or relocates its permanent residence to another country after these Standard Terms and Conditions have entered into force or the customer’s permanent or usual place of residence is not known when proceedings are instituted, the venue for any disputes arising out of or in connection with the contract shall be Bottrop.
ISB will store details of reservations. The latest valid version of the Standard Terms and Conditions is available for downloading on the ISB Website.
 
Standard Terms and Conditions of Indoor Skydiving Bottrop GmbH
Prosperstrasse 297
46238 Bottrop
Register of Companies:
Gelsenkirchen Local Court, HRB 9683
VAT ID no.: DE257885330