TERMS & CONDITIONS

MALELOBO GMBH

General terms & conditions

1. Participations requirements

The Participation in the program of Malelobo GmbH shall be exclusive subject to the following terms and conditions.

2. Terms of participation

The applicant shall be legally bound to his/her application as stated in the application form on reverse side following the statutory provisions (§§ 145, 147 BGB). The participation contract shall only become effective upon prior receipt of Malelobo GmbH confirmation in writing. The applicant shall be entitled to authorize a third person to participate in the rider training instead of himself/herself or the participant listed in the application form, provided this third person fulfills all participation requirements as stipulated under Paragraph 3. As far as the applicant authorizes a third person to participate in the program, Malelobo GmbH shall be entitled to demand all additional costs arising out of the participation of this third person directly from the applicant.

3. Eligibility

Only such persons shall be entitled to participate in the rider training/tour - who are in possession of a valid driving license during the rider training/tour, which upon request, can be inspected by Malelobo GmbH or its representatives at any time. -for whom the price for participation has been paid completely to Malelobo GmbH at least 20 days before the scheduled beginning of the program.

4. Payment

At program the participant shall have to carry out an advance payment of 20 % of the participation fee which is due upon receipt of the written registration confirmation.

Payments from foreign countries need to payed with all bank fees.

Ordered vouchers need to be payed directly.

5. Services

The services provided by Malelobo GmbH comprise the theoretical and practical performance of the program according to the type of the program either with vehicles provided by Malelobo GmbH or by the participants themselves, as well as, depending on the respective program, additional services . As far as the participant provides his/her own vehicle for the program he/she shall bear the sole responsibility for the perfect technical condition of the vehicle meeting all legal requirements (e.g. the German Road Traffic Regulations, StVZO). Malelobo GmbH shall be entitled at any time to inspect the technical condition of the participant`s vehicle. If the participant provides his/her own vehicle, this vehicle will not be extra insured by Malelobo GmbH.

6. Rights on film & pictures

Photos and videos produced by Malelobo GmbH or its representatives on the program are the property of Malelobo GmbH. The copyrights rest with Malelobo GmbH. Malelobo GmbH can use all such material for advertising, commercial and marketing purposes, including images in which individual tour members can be recognized, after her/his explicit approval - without any charge from the tour member arising for Malelobo GmbH for this use of material.

7. Liability

The participant takes part in the program on his/her own risk. It is clear to participants of the program that there is higher risk of accident caused by bad offroad tracks, off civilization areas in foreign countries, high alpine as well as desert regions. The Malelobo GmbH shall be liable for damages suffered by the participant only if such damage was caused by Malelobo GmbH or Malelobo GmbH`s statutory representatives or vicarious agents intentionally or as a result of gross negligence. The liability for non personal damages is limited to the maximum of 3x the price of the attended program, as long as the damage was not intentionally or as a result of gross negligence produced by the participant.

8. Own vehicle

As far as the participant takes part in the program by providing his/her own vehicle, he/she undertakes tin indemnify Malelobo GmbH as well as all persons mentioned in Paragraph 7 from any and all claims raised by any authorized person (owner, keeper) resulting from the damage of the vehicle, unless the damage was caused intentionally or with gross negligence by Malelobo GmbH or its representatives as mentioned in Paragraph 7

9. Rules

Malelobo GmbH points out explicitly that, in the course of the rider training, the participant undertakes to behave with utmost discipline and to observe the instructions of the authorized personnel of Malelobo GmbH carefully.For safety reasons, the participants undertake not to overtake other participants during the program, including the training units in public road traffic unless otherwise instructed by the responsible supervisor of Malelobo GmbH. Furthermore, the participants undertake not to consume any alcoholic beverages during the program at all (blood alcohol limit: 0,0 ‰). In case of serious violations of these duties, Malelobo GmbH is entitled to exclude the participant from further participation. Fees for participation paid in advance will only be reimbursed as far as they exceed the expenses of Malelobo GmbH for the participant.

10. Cancellation and cancellation fees

The applicant is, at any time, entitled to withdraw from the contract. In case of withdrawal, participation fees will be replaced by cancellation fees to be charged as follows:

up to 60 days before the start of the program 40% of the total price

up to 30 days before the start of the program 60% of the total price

up to 07 days before the start of the program  80% of the total price 

Withdrawal can be done in any form - we recommend a writen form. All time periods as mentioned above refer to the receipt of the notice of withdrawal by Malelobo GmbH. Malelobo GmbH shall be entitled to set off the cancellation fees against the participant`s claims of reimbursement of the participation fees, or to reimburse them respectively.

We recommend the conclusion of a withdrawal insurance by the participants, insurance for luggage, accident, a health insurance, a liability insurance as well as an insurance to cover cost of repatriation

11.Changes / Cancellations

Malelobo GmbH reserves the right to delay or cancel any program for substantial reasons. In the latter case, the participation fees will be reimbursed. Further claims by the applicant and/or the participant shall be excluded here from.

Malelobo GmbH cannot be made liable for unpleasant or unsuitable weather conditions and no refunds are made for such conditions. Malelobo GmbH reserves the right to change routes for all important reasons, e.g. weather conditions or danger for the participants.

12. Jurisdiction

Amtsgericht Munich, shall be exclusive place of venue and jurisdiction for any and all disputes arising from or in connection with this contract if the customer is a merchant. This place of jurisdiction shall also apply if the customer has no general place of jurisdiction within Germany, or if the customer changes his place of residence to a place outside of Germany after concluding the contract or if the place of residence is not known when the action is filed. All disputes arising out of or in connection with the participation contract shall exclusively be governed by German law.

Munich, July/2011