Allgemeine Geschäftsbedingungen

3. Terms and conditions Megazipline

Harzdrenalin GmbH operates a Flying Fox facility at the Rappbodetalsperre dam. The name of the district is: 38889 Oberharz am Brocken, Rappbodetalsperre. With the help of a certified and TÜV-tested facility as well as state-of-the-art safety material and equipment, participants have the opportunity to slide down a steel cable over the Rappbode valley.

3.1 Registration and Booking
With your registration, you offer us the conclusion of a service contract for a flight as described on our homepage www.Harzdrenalin.de at the prices stated there. You can register online or on site at the visitor center. You must register for this and provide the required data in a customer/guest account/declaration of participation. Discount promotions provided by Harzdrenalin GmbH cannot be combined with each other (e.g. discount coupon + combined ticket). A prerequisite for any booking is that you and all participants registered by you fulfill the following participation requirements:

• Your weight including clothing is at least 40 kg and no more than 120 kg

• Your height is 1.40 m - 2.10 m

• You do not suffer from severe cardiovascular or epilepsy diseases

• You have a good physical and mental constitution

• You are at least 10 years old

• Persons under the age of 18 need the permission of their parents

• Use is at your own risk (a declaration of participation must be signed on site)

• The trainers must be followed at all times.

• You must not be pregnant.

• You are not under the influence of alcohol or narcotics.

The contract is concluded when the booking confirmation or the binding on-site reservation is sent. The “registrant” is also responsible for the contractual obligations of all persons/seats listed in the registration. By registering by e-mail or in writing on site, you agree that we may process, store and transmit the data provided by you for the contractual purposes within the framework of the applicable data protection regulations and consent to this. The data will only be passed on if this is necessary to protect our legitimate interests or those of other parties named in the law and your interests worthy of protection are not violated by this.

3.2 Implementation
The meeting point for you and the other participants is the parking lot at the Rappbodetalsperre on the L96 between 38889 Rübeland and 38899 Hasselfelde. (Address description for navigation devices: Place: 38889 Oberharz am Brocken OT Rübeland, Street: Rappbodetalsperre). We ask you and all other registered participants to arrive at the visitor center in good time - 30 minutes before the booked time or our opening hours. You can pay the price for the flight in cash, EC, credit card or with a voucher/event ticket before the start, provided you have not paid in advance. We will brief you before and during the experience and explain the safety information and instructions to you. For your safety, we will provide you with a helmet and special harness which you must wear for safety and insurance reasons in your own interest and that of Harzdrenalin GmbH. Participation in the Megazipline is at your own risk. We reserve the right to exclude participants from participation if there is any doubt about their suitability or if they act contrary to the safety instructions or other instructions of the instructor, or if they disrupt the execution of the flight or endanger themselves or others. In the event of justified exclusion, the entitlement to the fee remains in force. However, we must offset the value of what we save as a result of not providing the service or what we acquire or maliciously fail to acquire by using our services elsewhere. You have the option of leaving small items of baggage and other personal belongings that you cannot take with you on the flight in our lockers. However, we accept no liability for items and valuables left with us. You should therefore be insured accordingly. The service begins with the briefing and ends when the safety equipment is handed in, and the instructions of the instructors must be followed at all times during the service. Smoking is prohibited during the performance of the service, especially from the moment the safety equipment is put on.

3.3 Cancellation/termination
We reserve the right to cancel a confirmed flight at the Megazipline if this is not possible for operational or safety reasons. We will inform you of this at the latest the day before the start of the service via the e-mail address or telephone number you have provided. If, contrary to the weather forecast, it rains during the event or other weather phenomena prevent a flight, the instructor on site will decide whether the flight will take place. In the event of cancellation by Harzdrenalin GmbH, the final price does not have to be paid and there are no cancellation fees. If the flight cannot be carried out or cannot be carried out in the planned form due to force majeure or other operational disruptions for which we are not responsible and which cannot be foreseen, we are entitled to withdraw from the contract before or during the flight preparations or to change the schedule. In these cases, there is no entitlement to compensation for other damages, such as travel costs or similar.

3.4 Cancellation and change of booking/withdrawal
If you cancel your booking in writing between 14 days and 72 hours before your scheduled appointment, only a processing fee of € 5.00 per participant will be charged. For cancellations made less than 72 hours but at least 48 hours before the appointment, 50 % of the regular price will be charged. For cancellations made within 48 hours of the appointment, for no-shows or late arrivals, the full agreed price will be charged. If you withdraw or abort the experience after having received the special harness and any accessories (helmet, camera, etc.), no refund of the fee is possible. In all of the above cases, you may, however, prove that no entitlement to compensation arose or that the actual damage was significantly lower than the flat rate. Vouchers and event tickets are excluded from any refund in the event of cancellation; the voucher or ticket holder may transfer it on-site to another suitable person to avoid forfeiture. Any statutory right of withdrawal remains unaffected.

3.5 Liability and insurance
Liability of Harzdrenalin GmbH, its agents or vicarious agents for intent and gross negligence is governed by statutory provisions. Otherwise, Harzdrenalin GmbH is liable only for culpable breaches of those obligations the fulfillment of which is essential to the proper execution of the contract and on which the participant regularly relies (material contractual obligations). Any claim for damages arising from a breach of such material obligations is limited to the typical, foreseeable loss. Liability under statutory provisions for injury to life, body or health resulting from negligent or intentional breach of duty by Harzdrenalin GmbH, an agent or vicarious agent remains unaffected. Participation in the Megazipline is at your own risk. You are responsible for accidents you cause yourself and their consequences. Our trainers and equipment are covered by statutory liability insurance, which generally only applies to third-party property, personal or pure financial losses arising from the operation of the facility; this cover is void or limited in cases of intentional or grossly negligent causation of the damage, or if you breach your duties. You are therefore obliged, in the event of an accident or other damage, to complete a damage report and submit it to Harzdrenalin GmbH. As a participant, you are liable for any alteration to or deterioration of safety equipment—especially the special harness, carabiner, OC Falcon pulley and camera—that does not result from normal, proper use. During the period of loan, you are responsible for all damage to the equipment, as well as for loss of the equipment and any associated costs (e.g. recovery, expert fees, loss of rental income), if such loss or damage is your fault. Harzdrenalin GmbH assumes no liability for any items, valuables, technical equipment, gear, accessories or clothing of yours that are damaged, soiled or lost during the experience.

4. Terms and Conditions Gigaswing

Harzdrenalin GmbH operates a pendulum-swing installation at the Rappbode Dam. The site is located in district 38889 Oberharz am Brocken, Rappbode Dam. Using a TÜV-certified system and up-to-date safety equipment, participants have the opportunity to swing on a polyamide rope.

4.1 Registration and Booking
By registering, you make us an offer to enter into a service contract for a jump as described on our website [www.Harzdrenalin.de](http://www.Harzdrenalin.de) at the prices listed there. Registration may be completed online or on-site. To do so, you must create an account and provide the required information in a customer/guest account or participation declaration. Discount promotions offered by Harzdrenalin GmbH cannot be combined. A prerequisite for any booking is that you and all participants you register meet the following participation requirements:

• Their weight including clothing is not less than 35 kg and not more than 135 kg (max tandem weight = 230 kg).

• You do not suffer from any serious cardiovascular or epileptic conditions.

• You have a good physical and mental constitution

• You are at least 10 years old

• Persons under the age of 18 need the permission of their parents, the guardian must be present!

• Use is at your own risk (a declaration of participation must be signed on site)

• The trainers must be followed at all times.

• You must not be pregnant.

• You are not under the influence of alcohol or narcotics.

• Your height is 1.40 m - 2.10 m

The contract is concluded upon dispatch of the booking confirmation or the binding on-site reservation. The “registrant” is also responsible for the contractual obligations of all persons/spots listed in the registration. By registering online or on-site, you agree that we may process, store, and transmit the data you provide for contractual purposes in accordance with applicable data-protection laws, and you consent to this. Data will only be shared to safeguard our legitimate interests or as required by law, without prejudice to your protected interests.

4.2 Implementation
The meeting point for you and the other participants is the parking lot at the Rappbode Dam on the L96 between 38889 Rübeland and 38899 Hasselfelde. (For your GPS device, use: 38889 Oberharz am Brocken, OT Rübeland – Rappbodetalsperre.) Please arrive 30 minutes before your scheduled time—or within our visitor-center opening hours. If you have not prepaid, you may pay for the jump on-site in cash, by EC (debit) card, credit card, or with an event ticket/voucher. Before and during the experience, we will brief you on all safety instructions. For your protection—and in compliance with insurance requirements—you will be provided with a helmet and a special harness, which you must wear at all times. Participation in the Gigaswing is at your own risk. We reserve the right to exclude any participant whom we deem unfit, who disobeys safety or trainer instructions, who disrupts the jump, or who endangers themselves or others. In the case of justified exclusion, the full fee remains due; however, we will credit you for the value of any services we save or reallocate elsewhere. You may store small bags and personal items that you cannot take on the jump in our gondola. We accept no liability for stored items, so please insure them as you see fit. The service begins with the safety briefing and ends when you return the equipment. During the entire experience, you must follow all trainer instructions. Smoking is strictly prohibited once safety gear has been put on.

4.3 Cancellation/termination
We reserve the right to cancel a jump on the Gigaswing that we have confirmed for you if this is necessary for operational or safety reasons. We will inform you of such a cancellation by the day before the scheduled service, using the email address or telephone number you provided. If, contrary to the weather forecast, it begins to rain or other weather conditions make the jump impossible, the on-site trainer will decide whether the jump can proceed. In the event that Harzdrenalin GmbH cancels, you will not be required to pay the final price, and no cancellation fees will apply. If the jump cannot take place—or cannot take place in the planned form—due to force majeure or other operational disruptions that are neither our fault nor foreseeable, we are entitled either to withdraw from the contract before or during the preparations or to alter the procedure. In such cases, there is no entitlement to compensation for other damages, such as travel costs.

4.4 Cancellation and change of booking/withdrawal
If you cancel your booking in writing between 14 days and 72 hours before your scheduled appointment, only a processing fee of € 5.00 per participant will be charged. For cancellations made less than 72 hours but at least 48 hours before the appointment, 50 % of the regular price will be charged. For cancellations made within 48 hours of the appointment, for no-shows or late arrivals, the full agreed price will be charged. If you withdraw or abort the experience after having received the special harness and any accessories (helmet, camera, etc.), no refund of the fee is possible. In all of the above cases, you may, however, prove that no entitlement to compensation arose or that the actual damage was significantly lower than the flat rate. Vouchers and event tickets are excluded from any refund in the event of cancellation; the voucher or ticket holder may transfer it on-site to another suitable person to avoid forfeiture. Any statutory right of withdrawal remains unaffected.

4.5 Liability and insurance
The liability of Harzdrenalin GmbH, a representative or a vicarious agent shall be governed by the statutory provisions in the event of intent and gross negligence. Otherwise Harzdrenalin GmbH shall only be liable in the event of culpable breach of such obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the participant may regularly rely (essential contractual obligations). The claim for damages due to the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract. The liability according to the legal regulations for damages to life, body and health, which are based on a negligent or intentional breach of duty by Harzdrenalin GmbH, a representative or vicarious agent, remains unaffected. Participation in the Ultrashot is at your own risk. You are liable for accidents caused by yourself and the resulting consequences. Our trainers and equipment are insured under the statutory liability insurance. The insurance cover, which in principle only covers property damage, personal injury and pure financial losses of third parties that occur during the operation of the facility, does not apply or is limited in the event of intentional or grossly negligent causation of the claim, as well as in the event of breaches of obligations. In the event of an accident or other damaging event, you are therefore obliged to complete a damage report and send it to Harzdrenalin GmbH. As a participant, you are liable for all changes to and deterioration of the safety equipment, in particular: Special harness, carabiner, helmet and camera, which are not due to contractual use. You are therefore liable for all damage to the equipment for the duration of the rental period as well as for the loss of the equipment and the incidental costs of damage, such as salvage, expert costs, loss of rental, etc., if you are responsible for the loss and/or damage. Harzdrenalin GmbH accepts no liability for objects, valuables, technical equipment, equipment, accessories or items of clothing that you damage, soil or lose during the experience.

5. Terms and conditions Videoservice

Harzdrenalin GmbH operates various sports and leisure facilities and event venues where a video service is offered. Guests who purchase this service have the opportunity to capture their experience themselves in the form of a video recording.

5.1 Booking
By registering, you make us an offer to enter into a service contract for a video service as described on our website www.Harzdrenalin.de at the prices listed there. Booking is done online or on-site by purchasing a video ticket. The video service is exempt from all discount promotions. Video service can only be used if the main experience is available.

5.2 Implementation
At the designated start point of the event or facility, you will be provided with an outdoor camera on loan, including the necessary mounting equipment for the duration of the experience. The recording quality is at least Full HD (1920 × 1080 pixels). The video service also includes a suitable medium for transferring the video file—in accordance with these T\&Cs, this is a server-hosted file available for download within 48 hours after the experience and accessible for at least 28 days. If you have not prepaid, you may pay for the video service on-site in cash, by EC (debit) card, credit card, or with a video ticket. We will advise you before and during the recording period and explain all operating instructions for the equipment. We reserve the right to exclude from participation any guest who disobeys the trainer’s instructions or intentionally endangers the technical or electronic equipment. In the event of a justified exclusion, the full fee remains due; however, we will credit you for the value of any services we save or otherwise reallocate. The service begins with the equipment briefing and ends when you return the camera and mounts, or at the latest upon delivery of the storage medium.

5.3 Defects/Termination
We reserve the right to cancel a video service you have booked if this is necessary for operational or safety reasons. In the event of a technical or electronic defect of the camera or storage medium during the experience, you will be refunded the cost of the video ticket. There is no entitlement to repeat the entire event due to a missed recording. Any apparent defects must be reported immediately, on the day the service is provided.

5.4 Cancellation/Withdrawal
If you withdraw or terminate the video service after the equipment (camera and accessories) has been issued, no refund of the fee is possible. However, in all of the above cases you may prove that no claim for compensation arose or that the actual damage was significantly lower than the flat-rate charge. Video tickets are excluded from any refund upon cancellation; the video-ticket holder may transfer the ticket on-site to another suitable person to avoid forfeiture. Any statutory right of withdrawal remains unaffected.

5.5 Liability and Insurance
Liability of Harzdrenalin GmbH, its agents or vicarious agents for intent and gross negligence is governed by statutory provisions. Otherwise, Harzdrenalin GmbH is liable only for culpable breaches of those obligations the fulfillment of which is essential to the proper performance of the contract and on which the participant regularly relies (material contractual obligations). Any claim for damages arising from a breach of material contractual obligations is limited to the contract-typical, foreseeable loss. Liability under statutory provisions for injury to life, body or health resulting from negligent or intentional breach of duty by Harzdrenalin GmbH, an agent or vicarious agent remains unaffected. Participation in Ultrashot is at your own risk. You are liable for accidents you cause yourself and their consequences. Our trainers and installations are covered by statutory liability insurance, which generally only applies to third-party property, personal and pure financial losses arising from operation of the facility; this cover is void or limited in cases of intentional or grossly negligent causation of damage, or in the event of any breach of duty. You are therefore obliged, in the event of an accident or other damage, to complete a damage report and submit it to Harzdrenalin GmbH. As a participant, you are liable for any alteration to or deterioration of the safety equipment—particularly the special harness, carabiner, helmet and camera—that does not result from proper use. You are responsible, during the period of loan, for all damage to the equipment, as well as for loss of the equipment and any associated costs (e.g., recovery, expert fees, loss of rental income), if such loss or damage is your fault. Harzdrenalin GmbH assumes no liability for any items, valuables, technical equipment, gear, accessories or clothing of yours that are damaged, soiled or lost during the experience.