General Terms and Conditions

1. Scope of Application

1.1. These General Terms and Conditions (GTC) apply to the services provided by Trail & Tour (hereinafter referred to as the "Organizer") to its participants. By completing the booking on the Organizer's website, the participant agrees to the validity of these GTC.

2. Conclusion of Contract

2.1. The Organizer offers mountain bike courses and tours (hereinafter collectively referred to as "Services") with bicycles organized by the Participant and brought along by the Participant in order to train the Participants in the proper use of mountain bikes and to teach them riding safety.
2.2. The organizer provides its services on the basis of a separate order by the participant. The scope of services and remuneration are specified in the respective order.
2.3. Offers on the website of the organizer are only an offer and are not binding. By booking a service by mail or telephone, the participant makes a binding offer, which can be accepted by the organizer by a corresponding booking confirmation. Only through this written confirmation a binding contract is concluded. If the service selected by the participant is no longer available, the organizer can make the participant a new offer by sending a different booking confirmation, which can be accepted by the participant within a period of 10 days.
2.4. The booking of a minor requires the consent of the legal representative to be effective. The consent must be presented in written form at the time the booking is made. The participation of minors is only possible with a declaration of consent of the legal guardian. If participants or legal guardians register minors to the offers of Trail & Tour, they have to inform the organizer.
2.5. The services and prices are to be taken from the descriptions or booking confirmations or invoices. Special requests, agreements and subsidiary agreements require the written confirmation of the Organizer. The organizer reserves the right to change prices.

3. Invoicing

3.1. Invoices for course fees are to be paid within 2 weeks of receipt to the bank account specified in the confirmation without the need for a separate request for payment.

4. Performance of the Services

4.1. The offer details can be found in the respective service description on the website.
4.2. The organizer reserves the right to make changes in the respective event schedule due to unexpected events (e.g., bad weather conditions).
4.3. The participant must follow the instructions of the organizer or his assistants during the courses and tours.

5. Cancellations

5.1. Courses and tours are booked events with a fixed date and time. Trail & Tour offers the participant for goodwill reasons a cancellation with costs. The costs of a cancellation are as follows:

  • Up to 14 days before the event | 100% voucher
  • Less than 14 days before the event | no refund

The cancellation deadline is based on the date of receipt of the cancellation notice by the organizer. If the booked service is not used without prior cancellation or other notification of the organizer, the course fees will be charged in full.
5.2. In deviation from clause 5.1, the course fees do not apply if the participant finds a substitute person in time (up to 48 hours before the start of the event) before the respective course.
5.3. If the participant is prevented from attending due to illness, the organizer must be informed in good time and proof must be provided by means of a medical certificate upon request. The cancellation conditions from 5.1 apply here as well.

6. Vouchers

6.1. Vouchers Value vouchers can neither be paid out in part nor in full and are excluded from return. For event vouchers with a fixed date, the cancellation conditions from 5.1 apply.

7. Rebooking

7.1. A rebooking of a date is possible free of charge up to 2 weeks before the event. For rebooking at a later date, the cancellation conditions from 5.1 apply. 7.
7.2. For the rebooking a concretely selected date has to be communicated by mail.
7.3. The following applies to courses: In order for us to be able to reallocate dates that have been kept free, we ask for early cancellation.
7.4. A rebooking or a change of persons is only possible with the consent of Manuel Stawinski. If the third party does not meet the course requirements, the change of person/booking can be objected.

8. Service changes

8.1. We reserve the right to make changes to services after conclusion of the contract for an important reason. This may be possible at any time, e.g. for weather-related reasons.
8.2. Event adjustments can also be made e.g., due to group performance. The events take place in all weather conditions. Exceptions are e.g. thunderstorms, strong storms (danger by falling branches) and continuous heavy rain which makes an orderly execution of the course impossible. Cancelled tours or courses, due to thunderstorms or other reasons mentioned above, do not entitle to a refund of the course price or parts of it.

9. Conditions of participation

9.1. Participation is always at your own safety and at your own risk.
9.1.1. We ask you to book the courses only if you are seriously interested. Furthermore, we ask you to book only courses that correspond to your own driving skills and knowledge. We ask advanced or professional drivers to refrain from participating in beginner courses in order not to block these places.
9.2. Requirement for participation is a technically correct mountain bike. No participation with manipulated or tuned e-bikes.
9.3. Sufficient puncture equipment is recommended (spare tube, spare brake pads, air pump, tools etc.).
9.4. Participants agree to wear a helmet that complies with current and relevant protective regulations. Further protective equipment, e.g. gloves, goggles and protectors, is recommended.
9.5. The participants have to provide clothing appropriate to the weather (e.g. rainwear, sunscreen or similar).
9.6. Participants are responsible for providing sufficient drinks and food for their own needs during the event.
9.7. It is not the task of the course leader or organizer to provide technical support to the participants, or he is not obliged to assist with technical problems. Any assistance is a voluntary service provided by the course leader or organizer. If the participant cannot participate in the event until the end due to a breakdown, any necessary return transport is to be carried out at the participant's own risk and expense.
9.8. The participant is aware that the use of a mountain bike on both paved and unpaved roads and trails makes special physical demands. It is associated with specific dangers.
9.9. The events take place under the influence of weather, mainly in open terrain. Aggravating factors may be: rain, snow, fog or dust.
9.10. The participants undertake to behave at all times in such a way that they do not endanger themselves or other participants, e.g. sufficient safety distance, appropriate speed in relation to personal ability and the path and visibility conditions.
9.10.1. The participants undertake to carry any waste that may occur during the courses and tours and to dispose of it properly. Furthermore, each participant agrees to respect nature, animals and the environment. Animals will be left alone and no wilful damage will be caused. Other people, such as hikers and cyclists not belonging to the course, as well as dogs, must be taken into consideration. In case of doubt, the course leader or organizer must be contacted.
9.11. The participants have to assess their physical and technical abilities themselves and adjust their riding style accordingly. They must judge for themselves whether they can ride a section of the trail safely and without endangering themselves or others with the mountain bike. In case of doubt, a trail section is to be inspected beforehand and/or the mountain bike is to be pushed or carried.
9.12. Participants are aware and accept that falls and resulting property damage, personal injury or financial loss may occur.
9.13. After the start of the course, the organizer may terminate the contract if the participant persistently disturbs the implementation of the course after a warning. Also, if he/she behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. In this case, the organizer reserves the right to compensation.
9.14. All participants must comply with the provisions of the road traffic regulations on public roads and paths on their own responsibility.
9.15. We recommend a liability insurance for the participation in our services.

10. Personal requirements

10.1. Mountain biking in the off-road terrain is a high-risk sport. The participant declares that he/she is in the physical condition to meet the specific requirements of the respective event in terms of health and, in particular, that he/she is not under the influence of medication, drugs, alcohol or similar substances that impair consciousness and perception.
10.2. The organizer reserves the right to exclude a participant from the event if he/she does not meet the requirements in section 10.1.

11. Equipment

11.1. The participant has to bring his/her own bicycle. The Participant is responsible for ensuring that his/her bicycle is in technically perfect condition and suitable for the particular course. The condition will be checked by the course instructor or organizer before the start of the course.
11.2. The participant has to wear weatherproof clothing and especially a protective helmet. The condition and approval of the helmet will be checked by the course instructor or the organizer before the start of the event.
11.3. We recommend to wear protectors, but this is not obligatory.
11.4. The organizer is not responsible for any physical, material or economic damage caused by insufficient protection of the course participant.
11.5. Without a helmet, each participant will be excluded from the course, there is no right to a refund of the course fees.

12. Instructions

12.1. The participant has to follow the instructions of the organizer and his assistants. He has to behave according to his driving abilities in such a way that neither he himself nor third parties are endangered or injured. In the case of minors, the duty of supervision is incumbent on the parent or legal guardian.
12.2. Each participant is responsible for his own behaviour. The organizer or his assistance persons are not responsible for the supervision of the participants. Should the participant substantially disobey the instructions of the organizer or his assistants, the organizer may exclude him from further participation. In this case, there is no claim for reimbursement of already paid participation fees or other possible additional costs.

13. Exclusion of liability

13.1. The organizer shall be liable for intent and gross negligence as well as damages caused by him culpably resulting from injury to life, body or health in accordance with the statutory provisions.
13.2. Notwithstanding section 13.1, the organizer and its assistants shall not be liable for damages caused by him due to slight negligence, unless he has violated an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the participant may regularly rely. In this case, however, liability is limited to the damage that the organizer could typically expect to occur under the circumstances known at the time the contract was concluded.
13.3. The organizer or course instructor assumes no liability or responsibility for physical, material or economic damage caused by own fault, negligence or non-compliance with the instructions of the management staff.
13.4. Each participant is obliged to follow the instructions of the course leader, the organizer or his assistants and to abide by the rules or regulations and laws.

14. Special right of cancellation

14.1. If the event cannot be carried out due to extreme weather conditions, the organizer has the right to cancel the event extraordinarily. In this case, course fees already paid are to be refunded in the form of a value voucher. Other expenses will not be reimbursed.

15. Data protection

15.1. The Organiser shall treat the personal data provided to it within the framework of the contractual relationship as confidential and shall not pass such data on to third parties.

16. Rights

16.1. Photos/videos of the participants may be taken during the event. The participant agrees that the photos and/or videos taken of him/her during the event may be used on the website of Trail and Tour and on the social media channels of the organiser for marketing and advertising purposes without any time or space restrictions.
16.2. The Organiser may use photos of tours and courses in its interest without restriction. Rights of use apply as follows:

  • Publications and publicity of the object (e.g. website, publications, flyers, product catalogues, brochures, posters, banners, etc.)
  • Disclosure to third parties (e.g. daily newspapers, online media, etc.)
  • Publications in the social media channels of Trail & Tour

17. Our offers

17.1. To avoid misunderstandings: Our offers are aimed at private individuals who want to work on their own goals & skills. The intended outcome is the personal learning of the individual participants. The offers are (if not explicitly stated otherwise) not designed as further training for trainers and coaches.
17.2. The concepts, handouts, emails and content are only suitable and intended for private purposes and for the participants' own deepening.

18. Miscellaneous

18.1. Should any individual provision of these Terms and Conditions be invalid in whole or in part, the validity of the remaining provisions shall not be affected. Instead, they shall be replaced by a provision that comes as close as possible to the economic purpose originally intended by the parties.
18.2. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from the contractual relationship shall be Ibbenbüren, unless another place of jurisdiction is mandatory by law.
18.3. Despite careful checking, the publisher accepts no responsibility for the correctness, actuality or completeness of the information published on this website. This applies to all content online and offline.

19. Notice

19.1. In accordance with the small business regulation §19 UStG, Manuel Stawinski is exempt from the levying of VAT.


Stand: January 2021