AGB

General Terms and Conditions

§ 1 Scope


(1) The following rules set the general terms for the participation in the range and facilities of the Zentrum für Hochschulsport der Goethe-Universität Frankfurt am Main (centre for University Sports of the Goethe-University Frankfurt am Main – hereinafter referred to as ZfH) as well as field trips offered or organised by the ZfH.

(2) By registration and booking or participation in a part of the program, the participant has agreed to the general terms and conditions. These are thereby part of the contract between participant and the ZfH.

(3) They do not apply to those field trips, which are not organised by the ZfH, but an external organiser. In those cases, only the terms and conditions of said external organiser do apply. The contract is between the external organiser and the participant. Those field trips are specially  marked  on the webpage of the ZfH. By registrating to one of these field trips via the ZfH, the participant consents to the disclosure of personal information of the participant to the external organiser of this field trip, exclusively for the purpose of registration and participation.

§ 2 Eligibility

(1) Eligible are members (students, trainees, employees) of the Goethe-University Frankfurt as well as students of the cooperating Frankfurt University of Applied Sciences.

(2) Non-members – referred to as Guests – are permitted to participate in case of excess capacity if they have already turned to the age of 18. An exception is the offer for children- and family members, which is shown separately.

(3) A fee is charged for participation. The amount of the fee depends on the participants' membership to one of the following status groups:

-           Status group 1: students, trainees of the Goethe-University or the cooperating Frankfurt University of Applied Sciences

-           Status group 2: employees of the Goethe-University

-           Status group 3: anyone who is not part of one of the two aforementioned groups

For the children and family program, the amount of the fee depends on the status group of the parents. Under insurance law, the children are classified in status group 3.

§ 3 General Conditions for Participation

(1) Access to all rooms and sports facilities used for ZfH events is only permitted to eligible participants.

(2) Every sports facility does also have its own rules regarding its appropriate and purposive use. These rules of use are binding and have to be followed. Entry of the sports halls is allowed only while wearing designated sports shoes, which are only used inside of sports halls and with soles that do not colour the ground e.g. leaving skid marks. Every outdoor facility does also have its own rules regarding the appropriate footwear; these are in the respective rules of use for the particular facility.

During participation the clothing worn has to be appropriate to the occasion and setting.

The relevant notes in the respective course descriptions have to be observed.

(3) The instructions of the trainers or other officials executing the house athority's rights have to be followed. Every action which might negatively impact the proper process of a course or event, or which might upset, harm or endanger another person, a part of the facility or personal property has to be refrained from.

(4) It is generally prohibited to photograph or film trainers or participants during ZfH events/courses. Any kind of recordings is only permitted after consulting the Hochschulsportleitung in advance and after obtaining the explicit consent of every person concerned.

(5) The ZfH on the other hand, is generally allowed to take pictures and films during events/courses. These photos and films can be published by the ZfH with no restrictions regarding time, space, context or content. The participant thereby assigns the respective rights to these images/films  to the ZfH.

(6) It is generally prohibited to bring animals to ZfH events/courses.

§ 4 Registration and Ticket

(1) Registration is exclusively done via the webpage of the ZfH.

By his/her registration the participant makes a binding offer to conclude a contract for the selected sports program to the ZfH, which is accepted by the ZfH by sending the participant his/her registration confirmation.

(2) Subsidiary agreements, which change the scope of the contractual content require written approval by the ZfH in order to become valid.

(3) A separate ticket has to be booked for every single segment/course of the sports program.

The respective booked segment/course  is listed and receipted on  the participation ticket.

(4) The printed participation ticket , proof of membership of the status group (student id aka Goethe Card) and a valid photo id are always to be carried along for participation in the program of the ZfH and are to be presented without being asked to do so for checks by the staff of the ZfH or any other officials executing the house authority. Participants who are unable to provide approptriate identification will be denied entry and participation.

(5) The ticket is not transferable.

(6) The children and family program has to be booked by the parents.

§ 5 Scope of Services

(1) The respective Scope of booked Services results from the description in the sports program or the respective field trip announcement. These are group events, which means that individual one-on-one services are not guaranteed. A claim to a certain trainer, a certain style of teaching or use of certain rooms or tools does not exist.

(2) The respective valid course periods are shown on the participation ticket.

(3) Announced events/courses may be cancelled without any claim for compensation, due to the following reasons:

            a) if the day of the event/course is a holiday or part of the semester break,

            b) if the trainer in charge is somehow impeded and the ZfH is unable to provide a qualified replacement,

            c) due to disturbances in the operating procedures (e.g. construction work, repairs etc.),

            d) if the respective facility is blocked by tournaments, educational purposes or another event,

            e) due to changing operation hours in external facilities (e.g. school gyms non operational during school breaks),

            f) due to weather conditions as well as

            g) in the case of force majeure.

(4) The ZfH may combine events/courses or cancel them entirely in case of insufficient booking. In such a case, participants are free to transfer to a different course of their choosing, as long as it has free capacity and belongs to the same price group. They also have the option to withdraw from their booking. In such a case, already paid fees will be reimbursed. There are no additional claims towards the ZfH or the Goethe University.

(5) Special regulations regarding field trips:

            a) The ZfH will explicitly mention any case of additional requirements for participation.          Additional requirements could be e.g. health certificates, diving- or sailors pass.

            b) The ZfH reserves the right to cancel field trips due to compelling reasons e.g. weather        conditions, force majeure, or uneconomical participation numbers. In this case all bookings will be void and any already paid fees will be reimbursed. There are no additional claims towards the ZfH or the Goethe University.

            c) The participant has to ensure that he/she complies with the passport, customs, visa, foreign         currency and health related regulations of the respective country. Any additional fees that occur as a result of these regulations are the participants personal responsibility. Any disadvantages as a result of non-compliance with any of these rules shall be borne by the participant.

            The participant has to bear all costs for this.

            d) The participant will inform him-/herself in regards to the local customs of the respective country and respect these.

§ 6 Terms of Payment

(1) Payment is principally done by direct debit. The participant revocably authorizes the ZfH to collect the fee for a booked event/course with his/her registration to said course. In case of non-payment, the registration will be void and the participants' right to participate will be revoked. In case of a failed debit due to insufficient funds or inaccurate personal data an additional administrative charge of 8,50 € shall be borne by the participant.

(2) Additionally for field trips:

            (a) By registering to a field trip an advance payment of 100 € is due. The remaining payment has to be paid 6 to 8 weeks prior to the start of the field trip at the latest. The direct debit authorization includes the advance payment as well as the remaining payment.

            (b) Individual billing in case of waiving of partial services is not possible.

            (c) As far as the cost for arrival and return are included in the fee of the field trip, it is part of it. No claim for a proportional refund arises if arrival and return is not be realized or take place privately. They also do not provide sufficient reason for withdrawal.

            (d) If arrival and return are not fee-included, these have to be organised by the participants privately.

            (e) The ZfH is entitled to pass on price increases for transportation that arise after the participant has registered  (for example: increased fees or increasing fuel cost) to all participants on a pro rata basis.

            (f) The ZfH reserves the right to cancel a participants booking and withdraw its right to   participate.

§ 7 Withdrawal and Revocation

(1) There is no right to withdraw from the contract by the participant.

(2) In reasonable exceptions (e.g. injuries, de-registration, etc.) the ZfH reserves itself the right of leniency and goodwill.

(3) A forfeited spot can not be passed on to another person, only be returned to the ZfH.

(4) Right of withdrawal is either not given or expires, if the contract for the delivery of service in the area of recreational activity is intended for a specific date or timespan (§ 312g Abs. 2 sentence 1 Nr. 9 BGB) or the participant explicitly requests the ZfH to provide the service prior to the end of the objection period. This means among other things, that there is not right of withdrawal for especially those ZfH services with a fixed term.

(5) Special rules regarding field trips:

            a) The enrolled participant may withdraw from the field trip. The withdrawal has to be declared to the ZfH in written form. Relevant for the date of withdrawal is the date of its receipt at the office of the ZfH.

            b) In case of withdrawal, there will be charged a processing fee of 50 € independent from the date of the withdrawal.

            c)  If the withdrawal falls within six weeks prior to the field trip, the refund will be cut by an   additional 30%, within three weeks prior by 50% and if it closer than two weeks prior by 80%.

            If it is less than one week time between the withdrawal to the field trip there won't be any  refund at all.

            d) In case of non appearance the full cost will still be retained.

            e) In case of a premature departure of the participant, for whatever reason, this will be at the expense of the participant. A refund is excluded.

            f) Until the beginning of the field trip, the participant can propose in written form that a third     party enter into the rights and obligations of the contract in his/her place. The ZfH may decline if said third party does not fulfil the necessary requirements for said field trip or other significant reasons may be in contrast to said third parties acceptance. In case of a contract transfer the replacement (third party) and the original participant take joint liability concerning the payment of the field trip's fee as well as any additional cost as a result of the transfer.

§ 8 Exclusion of Participants

(1) Trainers are authorized to expel participants from a course, if their actions, despite warning, put their or others' health or well being at considerable risk.

(2) A violation of the conditions of participation, order or instructions of the ZfH may lead to the revocation of participation rights or in the case of use of rooms or facilities to an expulsion. Trainers or staff and other officials executing the house authority's rights are authorized to seize a participants tickets.

(3) Repeated or severe violation of the conditions of participation, order or instructions of the ZfH may be permanently excluded from the range of the ZfH. This is especially the case, if their actions endanger other people or include improper use of equipment or facility or the misuse of their participation rights. The decision regarding expulsion lies with the administration.

(4) In the case of expulsion due to misconduct the participant has no right to reimbursement.

(5) Additionally in the case of field trips:

Should the participant grossly violate an expected behavior or instructions on the part of the ZfH or his authorized persons or disrupt the tour group or the course of the tour, he/she may be excluded from the further course of the excursion without reimbursement of the excursion fee. Any additional cost as a result, like for an unplanned return trip, shall be borne solely by said participant.

§ 9 Data Protection

By booking a ZfH sports course or field trip, the participant consents to the collection, processing and utilisation of his/her personal data, under adherence of the applicable data protection laws, for the purpose of contractual performance and organisation, especially administration and payment collection.

This consent can be rescinded in writing by any time with future effect. Further details regarding the processing of personal data can be found in our data protection declaration. (link follows)

§ 10 Liability

(1) The participation in the sports program or a field trip relies on self-responsibility. For every sports course or field trip, general sports and movement capabilities as well as mental stability are presumed. Please pre-emptively reduce your risk of injury by avoiding overstraining or jerking movements during the course.

(2) Any liability for any defects is excluded, if said defects are a direct or indirect result of the participants' own actions, for example: while attempting to modify an exercise or personally inventing a new one. The same applies to injuries that can be attributed to already pre-existing medical or physical conditions.

(3) In the context of sports courses or field trips offered by the ZfH, the ZfH will only be liable to the extend of damages which occur due to (1) wilful or negligent acts of the ZfH or one of its vicarous agents, (2) infringement of life, body or health, as a result of a neglect of duty by the ZfH or (3) as a result of a breach of an obligation which is essential and has to be fulfilled for the realisation of the proper conduct of the contract and in its adherence the participant may regularly rely and trust (cardinal obligation).

(4) In cases of No. 10 (3) sub cypher (1) and (2), the ZfH is liable without limitation as to the amount. Otherwise, the claim for damages shall be limited to the foreseeable damage typical for the contract.

(5) Any further liability by the ZfH, the Goethe University, the federal state of Hesse, the cooperating institution, their members or by trainers or field trip managers is excluded.

(6) If borrowed sport materials and/or equipment are partly or entirely damaged or unreturned, the borrower is liable for compensation of damage or loss.

(7) In case of theft, property damage and/or other kinds of damage while within the facilities of the ZfH, the ZfH does not take any responsibility.

(8) The ZfH is not liable for damages due to third party events.

(9) Additionally in regards to field trips:

            1. No claim for compensation or reimbursement in case of bad weather, down time, or elementary events.

            2. Participants are advised to conclude a travel cancellation-, health-, and accident- as well as a     luggage insurance beforehand.

§ 11 Insurances

(1) As far as employees and students are concerned, the accident insurance terms of the accident insurance of the federal state of Hesse apply:

1. Students of the Goethe University and cooperating institutions are insured via the accident   insurance of the federal state of Hesse, as long as they participate in events/courses which are part of         the organised exercise programme of the ZfH and happen within a prearranged time frame       and under supervision of a designated instructor. Therefore free play or trainings sessions are not insured.

            2. Employees of the Goethe University are legally insured while participating at the ZfH          programme if their sport is compensatory and not competitively oriented, the group of            participants is essentially limited to university members, the sport has regular sessions and      training time generally relate to the compensatory purpose.

3. In the case of civil servants, an accident because of their participation in universitarian sports does not count as a work-related accident. It does therefore not warrant accident relief.

            Private insurance is therefore highly advised.

(2) Guests participating in the ZfH programme are not insured. They need to provide their own coverage.

(3) Every participant of the ZfH is advised to take sufficient third-party liability insurance coverage in case of charges due to personal- or property-damage.

(4) Accident reports are to be sent to the ZfH in written form and within three days of occurrence.

(5) Field trip specific rules:

            Every participant is self-responsible to have sufficient insurance coverage during a field trip.

            The participant is responsible to exercise all insurance claims with the respective insurer.

§ 12 Settlement of Disputes

Online-mediation according to article 14 paragraph 1 ODR-VO: The european commision provides a platform for online-mediation (OS), to be found at: ec.europa.eu/consumer/odr/

Neither the ZfH nor the Goethe University are obliged nor willing to partake in a dispute resolution procedure in front of a consumer conciliation board.

§ 13 Validity

The ZfH reserves the right to change and adapt its general terms and conditions for cause, like for the elimination of equivalence disturbances arising subsequently or for the adaptation to changed legal or technical framework conditions or other equivalent reasons. In case of a change or adaptation, it will be indicated. If said change or adaptation has a significant impact on contents or conditions of business, they will require the approval of the participants in question.

§ 14 Severability Clause

If a provision or part of these general terms and conditions is or becomes illegal or invalid, the validity of any other provision or parts of it shall not be affected.

Rules regarding indoor sports shoes in the indoor area at the sports campus

Indoor sports shoes have to be put on before entering the indoor area. This rule applies to everyone entering the indoor area: course participants, sports students, teachers, trainers, instructors, visitors and spectators. The only exceptions are technical personnel and employees of service companies while performing their duties at the facilities.

Indoor sports shoes are clean shoes, for the sole purpose of being worn in the indoor area and never outdoors. Also acceptable are shoepacs, gymnastic shoes, (indoor) flip-flops and so forth.

Those who are engaging in sports activities, which do not require any footwear, are asked to wear (indoor) flip-flops or the like on their path to the indoor area.

The staff is instructed to deny entry and take personalia from everyone who is unable to produce indoor shoes at the check in.

These rules apply to not only the separate indoor areas but the entire indoors of the sports building, including aisles and stairways, after passing the respectively labelled doors. The area from the parking lot to these doors is outdoor.

Swimming pool rules

Access and use of the swimming hall is only admissive for authorised individuals:

For events/courses of the ZfH a valid ticket is required. This has to be provided if asked for.

Only enrolled sports students are eligible for the training courses of the institute of sports sciences. The same applies for the free practice hours of the institute of sports sciences. For this purpose, at least three sports students have to be present in the swimming hall, of which at least one needs to be in possession of the German Rescue Swimming Badge in at least bronze. The student in possession of this badge functions as a supervisor.

2. The instructions of the supervisor or instructor has to be followed.

3. It is mandatory to shower before swimming.

4. Swimming is only allowed in swimming clothing made specifically for that purpose. This clothing has to be exclusively reserved for swimming. Underwear or other types of sports clothing are not allowed. In case of doubt the instructor or supervisor decides effectively. For the training courses of the institute of sports science, the official guidelines of FINA take effect.

5. People with infectious or skin diseases as well as open or bandaged wounds are not allowed to enter the swimming hall.

6. Eating is prohibited.

7. Bringing glasses or glass bottles is prohibited.

8. Violation can lead to exclusion from the swimming pool.

Weight room conditions

The following conditions of use, as set by the Goethe University, are obligatory for all users of the weight room:

1. Authorised users

Access and use of the weight room is only for those authorised. For the events/courses of the ZfH a valid ticket is required. This ticket has to be provided if asked for. Sports students are only allowed to use the weight room in presence of a trainer during the officially established practice times. Their student id has to be provided if asked for.

2. Supervision

The supervisors or trainers instructions has to be followed.

3. Hygiene

A sufficiently sized towel has to be used as covering for the machines and an underlay for the user. Handles and displays of the cardio- and strength-machines have to be cleaned with a purifier after each use.

3.1 Clothing

For the purpose of hygiene, direct skin contact with seating-, lying- or leaning-surfaces is to be avoided. Therefore, sweatpants should be at least knee-length and tank tops should not be worn without a T-shirt.

3.2 General hygiene

The use of magnesia or eating in the weight room are prohibited.

4. Use of equipment

Essentially all movable equipment (dumbbells, plates, handles etc) are to be returned to their proper spot after use. During personal training breaks, the training equipment has to be made available to the other trainees.

Tennis court rules

1. Adherence to the tennis court rules is mandatory for all players.

2. Playing on one of the fields requires a reservation at the ZfH. The reservations together with the responsible person can be found in the booking overview. The ticket has to be carried.

3. Playing time, including subsequent court maintenance, is 60 minutes.

4. The use of the tennis courts, including all associated facilities is at one's own risk. Neither the Goethe University nor the ZfH are liable for any kind of accidents. Players who damage the court or any property of the Goethe University are liable for these damages and can be excluded from further playing.

5. The tennis courts may only be entered with tennis shoes, appropriate clothing and for the purpose of playing tennis.

6. The tennis courts need to be cleared and fit for playing. The decision if a court is fit for playing lies with the staff in charge at the ZfH. Non playable fields will be labelled accordingly.

7.  During playtime, any holes made must be straightened immediately and re-fixed by rubbing and tamping with the feet. Scrapers are available for the larger unevenness.

8. Post play, the court has to be maintained according to the following graphic.

9. Depending on weather conditions, the courts might need to be sufficiently watered pre and post play. In case of severe dryness it can even become necessary to water the courts during a match.

10. Used equipment is to be put back at its designated space in orderly fashion.

11. The playing on the adjacent court is not to be disturbed. Shouting is to be refrained from.

12. It is prohibited to take glass bottles onto the tennis court area (risk of injury).

13. Bringing animals on the premise of the campus Ginnheim is prohibited.

14. Orders from the staff of the ZfH or technical personal must be followed.