General Terms and Conditions
Regulations for the participation in the chess events, hereinafter referred to as "Tournament" of Amateur Chess GmbH:
Amateur Chess GmbH
Cannstatter Str. 13, 71394 Kernen, Germany
CEOs: Falko Bindrich, Tobias Hirneise
hereinafter referred to as "ACO".
1 Obligations of the participant
1.1 The participant is obliged to give correct personal data, which are necessary for the realization of the chess tournament. This includes in particular the first and last name, the country to be represented and the national and international rating numbers, if available.
1.2 The date of birth is to be given for the decision of ACO whether the participant is eligible to play in the World Senior or Super Senior Championship.
1.3 The participant agrees to pay the entry fee properly to ACO. This is a prerequisite for participation.
1.4 The participant agrees to act in a sporting and fair manner and to treat all participants and all members of ACO with respect.
2 Exclusion from the tournament
2.1 ACO is entitled to exclude a participant from the tournament without giving reasons. The participant will be refunded the entry fee in case of exclusion from the tournament. An exclusion from the tournament includes the exclusion from the award ceremony and the receipt of cash and non-cash prizes.
2.2 ACO has the domiciliary rights over the game room(s) and is entitled to temporary or permanent expulsion.
3.1 ACO is not liable for any accidents or damages caused by other participants or third parties.
3.2 The liability of ACO is limited to the amount of three times the entry fee.
4 Cancellation regulations for the participant
4.1 The participant may withdraw from the tournament at any time. The withdrawal becomes effective when the cancellation has been received by ACO in writing.
4.2 In case of withdrawal, the following cancellation conditions apply:
No cancellation fee and 100% refund of the entry fee until 1 day before the start of the tournament. After this date and in case of no-show, 100% of the entry fee has to be paid.
4.3 ACO is entitled to withdraw from the contract if the participant does not meet his payment obligations in time.
The law of the Federal Republic of Germany applies exclusively. The place of jurisdiction is the registered office of ACO, unless otherwise stipulated by law. In the event that the domicile or habitual residence of the participant is unknown at the time the action is filed, as well as in the event that the participant moves his domicile or habitual residence outside the area of application of the law after conclusion of the contract, the place of jurisdiction is the registered office of ACO.
6 Ineffectiveness of individual provisions
Any invalidity of one or more provisions shall not affect the validity of the remaining provisions.
General Terms and Conditions of Amateur Chess SCS, hereinafter referred to as "ACO" or “agent”.
Regulations for the mediation of individual travel services or several travel services, which do not represent connected travel services in the sense of § 651w BGB.
1 Conclusion of Contract, Legal Provisions
1.1 With the acceptance of the customer's brokerage order by ACO, the contract for the brokerage of travel services is concluded between the customer and the broker. Order and acceptance do not require a specific form.
If the order is placed electronically (e-mail, internet, online booking form, fax, messenger services), ACO will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute a confirmation of acceptance of the brokerage order.
1.2 The mutual rights and obligations of the customer and ACO result from the contractual agreements made in the individual case, these terms and conditions and the statutory provisions, unless this is contrary to mandatory legal provisions.
1.3 The rights and obligations of the customer towards the contractual partner of the brokered service are exclusively subject to the agreements made with them, in particular - if effectively agreed - their travel or business conditions.
2 General contractual obligations of the agent, information, notices
2.1 On the basis of these terms and conditions of brokerage, the customer will be advised in the best possible way. Upon request, ACO will then make the booking request with the service provider. The obligation to perform includes, after confirmation by the service provider, the handing over of the documents concerning the arranged travel service(s). This shall not apply if it has been agreed that the service provider will send the documents directly to the customer.
2.2 When providing advice and information, ACO shall be liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the correct transfer to the customer. A contract for information with a main contractual obligation to provide information only comes into existence with a corresponding express agreement. The agent shall not be liable for the correctness of information provided in accordance with Section 675 (2) of the German Civil Code (BGB), unless a special information contract has been concluded.
2.3 In the absence of an express agreement, ACO does not assume any guarantee in the sense of § 276 para. 1 sentence 1 BGB with regard to information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee in the sense of this provision with regard to information on the availability of the services to be arranged by the agent.
2.4 ACO accepts special requests only for forwarding to the service provider to be arranged. Unless otherwise expressly agreed, the agent is not responsible for the fulfillment of such special requests. These are also not a condition or contractual basis for the brokerage order or for the booking declaration of the customer to be forwarded by the broker to the service provider. It is pointed out to the customer that, as a rule, special requests only become the content of the contractual obligations of the service provider through express confirmation by the service provider.
2.5 Hotel bookings are brokered by: Amateur Chess SCS, Str. C.A. Rosetti, Nr 17, Sector 2, 011469 Bucharest, Romania
3. obligations of the agent regarding entry regulations and visas
3.1 The agent shall inform the customer about entry and visa regulations, insofar as a corresponding order has been expressly agreed.
3.2 The above provision applies accordingly with regard to information about customs regulations, health entry regulations, preventive health measures of the customer and his fellow travelers as well as for import and export regulations.
3.3 If ACO undertakes, against payment or free of charge, the registration for the customer within the framework of electronic systems for obtaining entry permits as a prerequisite for entry into or transit through certain countries, the following shall apply: The assumption of this activity does not constitute an obligation on the part of the agent to make further inquiries or provide information about entry or transit formalities or about transit stays on the trip and, in particular, does not constitute an obligation to obtain visas without express agreement. The customer is advised that the electronic entry permit does not replace the final entry permit by the border authorities of the respective country.
3.4 ACO is not obligated to procure visas or other documents required for the travel without a special, explicit agreement.
3.5 The agent is not liable for the issuance of visas and other documents and not for the timely receipt.
4 Reimbursement of Expenses, Remuneration, Collection, Payments
4.1 ACO shall be entitled to demand payments in accordance with the service and payment provisions of the brokered service providers, insofar as these have been effectively agreed between the service provider and the customer and contain legally effective payment provisions.
Claims for payment against the customer can be asserted by the agent, insofar as this is in accordance with the agreements between the agent and the service provider, as the latter's authorized debt collector, but also in his own right on the basis of the customer's legal obligation to make an advance payment as a principal in accordance with § 669 of the German Civil Code (BGB).
4.2 The above provisions shall apply mutatis mutandis to cancellation costs (compensation for withdrawal) and other statutory or contractual claims of the mediated service provider.
4.3 The customer may not counter the agent's own payment claims by way of retention or set-off that the customer has claims against the mediated service provider, in particular due to defective performance of the mediated contract. This does not apply if a culpable breach of contractual obligations on the part of the intermediary is the cause or contributory cause of such claims arising or if the intermediary is liable to the customer for the counterclaims asserted for other reasons.
5. documents about the mediated travel services
5.1 Both the customer and the agent are obliged to check the contractual and other documents of the mediated service provider concerning the travel services, which were handed over to the customer by the agent, in particular booking confirmations and other documents concerning the mediated travel services for correctness and completeness, in particular for conformity with the booking and the mediation order.
5.2 Insofar as documents about the arranged travel services are not sent to the customer directly by the arranged service provider, they shall be handed over by the agent by postal or electronic means.
6. obligations of the customer to cooperate with the agent
6.1 The customer must inform the agent immediately of any errors or deficiencies in the agent's work that are recognizable to him. This includes in particular incorrect or incomplete information of personal customer data, other information, information and documents about the brokered travel services, as well as the incomplete execution of brokerage services (e.g. bookings or reservations not made).
6.2 If the customer does not make a notification in accordance with Section 6.1, the following shall apply:
a) If the customer fails to give notice in accordance with Section 6.1 through no fault of his own, his claims shall not lapse.
b) Claims of the customer against the agent are void insofar as the agent proves that the customer would not have suffered a loss or would not have suffered a loss in the amount claimed by the customer if the agent had properly notified the customer. This applies in particular insofar as the agent proves that immediate notification by the customer would have enabled the agent to remedy the defect or reduce the damage, e.g. by rebooking, additional booking or cancellation with the mediated service provider.
c) Claims of the customer in the case of a failure to notify according to section 6.1 do not lapse
- in the case of damage resulting from injury to life, limb or health due to an intentional or negligent breach of duty on the part of the agent or a legal representative or vicarious agent of the agent
- in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by the agent or a legal representative or vicarious agent of the agent
- in the event of a breach of a material obligation, the fulfillment of which is a prerequisite for the proper execution of the brokerage contract or the breach of which jeopardizes the achievement of the purpose of the contract. The liability for booking errors according to § 651x BGB remains unaffected.
6.3 A contractual and/or legal obligation of the customer to report defects to the mediated service provider remains unaffected by section 6.
6.4 The customer is requested in his own interest to inform ACO of any special needs or restrictions with regard to the requested travel services.
7. obligations of the agent in the event of complaints by the customer against the mediated service providers
7.1 Claims must be asserted against the mediated service providers within certain deadlines, which may result from law or contractual agreements. As a rule, these deadlines are not met by asserting claims against the agent. This also applies if the customer wishes to assert claims against both the agent and the service provider for the same travel service.
7.2 In the case of complaints or other assertion of claims against the mediated service providers, the obligation of the agent is limited to the provision of the necessary information and documents known to him, in particular the communication of names and addresses of the mediated service providers.
7.3 If the agent - even without being obligated to do so - assumes the forwarding of the customer's claim letters within the deadline, he shall only be liable for the timely receipt by the recipient in the event of a missed deadline caused by him intentionally or through gross negligence.
7.4 With regard to any claims of the customer against the mediated service providers, the agent is not obligated to advise on the type, scope, amount, claim requirements and deadlines to be observed or other legal provisions.
8. important information about health insurance for trips abroad
ACO recommends to make sure that you have sufficient health insurance coverage when traveling abroad.
9 Flight booking
The booking of flights is generally the responsibility of each customer. ACO is not liable for flight bookings.
10 Liability of the agent
10.1 As far as the agent has not assumed a corresponding contractual obligation by explicit agreement with the customer, he is not liable for the conclusion of contracts with the service providers to be arranged.
10.2 The agent is not liable for deficiencies and damages incurred by the customer in connection with the mediated travel service. This shall not apply in the case of an express agreement or assurance in this regard by the agent, in particular if this deviates considerably from the service description of the service provider.
10.3 Any own liability of the agent arising from the culpable violation of agent obligations shall remain unaffected by the above provisions.
11. consumer dispute resolution
Under applicable law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here:
ACO does not participate in dispute resolution proceedings of a consumer arbitration board and is not obliged to do so.
12 Choice of law and place of jurisdiction
12.1 EU-law shall apply exclusively to the entire legal and contractual relationship between the customer and the agent.
12.2 The customer can only sue the agent at his place of business.
12.3 For lawsuits of the agent against the customer, the domicile of the customer is decisive. For lawsuits against customers who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence is not known at the time the lawsuit is filed, the place of jurisdiction shall be the registered office of the agent.
12.4 For customers who are not nationals of a member state of the European Union, the exclusive validity of EU-law is agreed for the entire legal and contractual relationship between the customer and the agent. Such customers may sue the agent exclusively at the agent's place of business.
13. final provisions
Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.