Article 1. General
1. These general terms and conditions apply exclusively to all competitions, individual matches, field rental and provision of services and / or activities organized by Footy and to all legal relationships between Footy and its counterparties. Deviations from this must be explicitly agreed in writing.
2. These terms and conditions also apply to what is performed and / or delivered by Footy during the execution of the agreement in addition to what was previously agreed.
3. When entering into an agreement, the other party indicates that it agrees with these General Terms and Conditions. The most recently valid version of these General Terms and Conditions is deemed to apply to all subsequent agreements between the same parties.
4. Conditions of the other party and those of third parties are excluded, unless explicitly stated otherwise in writing by Footy.
5. At Footy Park Only these general terms and conditions apply.
Article 2. Offers and options
1. Footy can grant the other party an option to participate in Footy competitions without any obligation. Offers are always without obligation. Images, drawings, descriptions, statements and other information in offers, order confirmations, catalogs, prospectuses, etc. of Footy only serve as a rough indication of the competitions to be organized by Footy, services to be performed and activities and / or goods to be delivered, and are never binding for details.
Article 3. Registration and agreement
1. Registration takes place by telephone, in writing – including e-mail or other electronic means – or at the office / accommodation of Footy.
2. A reservation by the other party counts as a request for an agreement.
3. Footy can at all times, for whatever reason, refuse to conclude an agreement.
Article 4. Prices
1. Prices quoted by Footy are indicative. The final price or prices will be determined at the time of closing of registration. As soon as the number of teams is known, it is finally known how many matches they will play, which forms the basis for the registration fee.
2. The actual played matches may be less depending on cancellations. Teams may always use the pitch for practice if their opponents cancel and we will always try and arrange a friendly.
Article 5. Payment conditions
1. All amounts stated in quotations, offers, agreements and / or invoices are in principle exclusive of VAT and other legally applicable surcharges, unless stated otherwise.
2. The other party owes the price stipulated in the agreement.
3. Footy reserves the right to require a down payment, interim payment or deposit from the other party.
4. Payment must be made within the set payment term, unless otherwise agreed, without the right to discount, acquiring debt or suspension of payment.
5. If and insofar as timely payment is not made, the other party is in default without notice of default being required.
6. Dissolution or cancellation of an agreement or cancellation does not suspend the other party’s payment obligation.
7. Ongoing complaint handling, imminent cancellation, application for or assigned complaint do not suspend the other party’s payment obligation.
8. The other party is not allowed to offset amounts when making payments.
9. If the other party is in default, he must reimburse Footy for all costs related to collection, both judicial and extrajudicial. The extrajudicial collection costs are set at a minimum of 7.5% of the principal sum due with a minimum of € 35, all to be increased by the VAT owed on the sum.
10. If payment of an invoice sent has not taken place within thirty days of the invoice date, Footy is entitled to charge the other party a compensation for loss of interest in the amount of the statutory interest plus 2% – calculated from the invoice date – on the total amount of the invoice.
Article 6. Use of accommodation to which access has been granted by Footy
1. The other party is obliged to only use the materials made available by Footy and the Club for which the agreement has been entered into with Footy. The other party must properly handle the material and the accommodation to which Footy has granted access.
2. The other party takes responsibility for all persons who, at the invitation of the other party or otherwise due to any relationship with the other party, are in or in the vicinity of the fields, changing rooms and other areas granted by Footy to the other party. It is liable towards Footy for all damage caused by these persons, for whatever reason and however it arose, without prejudice to the claims which Footy has against those persons.
3. Without prejudice to the other existing laws and regulations, the other party is not permitted to provide, sell or have sold consumer articles, drinks and the like in the rented property of Footy.
4. Footy is responsible for the preparation of the accommodation.
5. Footy reserves the right to charge any necessary cleaning costs, costs for repair work, as well as damage to facilities and accommodations, caused by the other party or persons admitted by it, to the other party.
6. The other party does not object to the recording and unrestricted use of photo / film material of the other party at one of the locations of Footy by Footy.
Article 7. Amendments
1. The schedule as communicated and published in advance serves as the starting point for the playing times. A request for a change of playing time by the other party must be submitted in writing (by email) or by telephone to Footy no later than 24 hours before the match. Footy has the right to reject subsequent requests.
2. Changing playing times is only possible if circumstances permit.
3. Footy is entitled to propose an alternative time, except if this must be regarded as clearly unfair and for the other party objectionable. In the latter case, the other party has the right to refuse the proposal. The other party is expected to take into account the preferences of the other party and the limitations of the accommodation and that as little disruption as possible is caused to the original schedule.
Article 8. Cancellation
1. The other party is not authorized to cancel an agreement, unless at the same time it irrevocably offers to pay the amounts determined below. Any cancellation is deemed to include such an offer. Such an offer is deemed to have been accepted if Footy does not immediately reject the offer.
2. If the other party leaves prematurely after the start of the competition, he is in principle bound by the payment resulting from the agreement. The other party is only able to partially pay for compelling reasons. The amount of the compensation then depends on the extent to which the other party has used the services of Footy and the costs incurred for this. This price is determined by Footy and then announced in writing.
3. Cancellation by the other party must be submitted in writing, stating the reasons and date. The other party cannot derive any rights from an oral cancellation.
4. In the event of cancellation of an agreement, these conditions remain fully valid.
5. In case of cancellation after the start of the cancellation period, or in case of no-show, the costs stated in the agreement (s) and the turnover forecast, as well as costs for personnel, equipment and other consequential costs, may hereafter be referred to as the reservation value, will be charged in whole or in part to the other party.
6. Amounts that Footy already owes to third parties with a view to the cancelled agreement at the time of the cancellation must be fully reimbursed by the other party to Footy at all times, provided that Footy has not acted unreasonably by entering into the relevant obligations.
7. If no cancellation terms are included in the agreement, the following terms and fees apply:
- a. In case of cancellation more than 3 weeks before the time at which the first service must be provided under the agreement, hereinafter referred to as: “the commencement date”, the other party is not obliged to pay any compensation to Footy.
- b. In case of cancellation more than 2 weeks before the commencement date, the other party is obliged to pay 15% of the reservation value to Footy.
- c. In case of cancellation more than 1 week before the commencement date, the other party is obliged to pay 35% of the reservation value to Footy.
- d. In case of cancellation more than 3 days before the commencement date, the other party is obliged to pay 60% of the reservation value to Footy.
- e. In case of cancellation more than 2 days before the commencement date, the other party is obliged to pay 85% of the reservation value to Footy.
- f. In case of cancellation 1 day or less before the commencement date, the other party is obliged to pay 100% of the reservation value to Footy.
Article 9. Cancellations by Footy
1. Footy is entitled to cancel the agreement due to force majeure. Force majeure will be any foreseen or unforeseen circumstances that make the execution of the agreement by Footy so difficult that the execution becomes reasonably impossible or difficult. Such circumstances also include such circumstances at persons and / or services and / or institutions that Footy wishes to make use of in the execution of the agreement, as well as everything that applies to the aforementioned as force majeure or suspensive or resolutive condition.
2. In the case referred to in paragraph 1, the other party has the right to refuse the alternative offered by Footy.
3. Footy has the right to cancel this agreement at all times in case of (imminent) violation of its house rules. In this case it is not liable to pay any costs to the other party and is also not liable for damages.
4. In case of cancellation as a result of (imminent) violation of Footy’s house rules, the costs stated in the agreement (s) and the reservation value, can be charged in whole or in part to the other party.
Article 10. Liability
1. Footy accepts no liability for injury and damage of the other party or of persons who participate in competitions organized by Footy at the invitation of the other party or otherwise due to any relationship with the other party, unless this damage is the direct result of intent or gross negligence of Footy or persons whom it uses.
2. The other party undertakes towards Footy to behave properly and to handle all items made available to it by Footy and to return them to Footy in the same condition in which it received them after the end of the agreement to be set, except for consumables. The other party is liable for all damage to these items, which arose during the execution of the agreement or at any other time when these items were available to the other party.
Article 11. Force majeure
1. Force majeure for Footy, which makes that any shortcoming caused by this cannot be attributed to Footy, any foreseen or unforeseen, foreseeable or unforeseeable circumstance will apply that makes the execution of the agreement by Footy so difficult that the execution of the agreement is impossible.
2. Such circumstances also include such circumstances at persons and / or services and / or institutions that Footy wishes to make use of in the execution of the agreement, as well as everything that applies to the aforementioned as force majeure or a suspensive or resolutive condition, as well as breach of contract of the aforementioned.
3. If one of the parties to an agreement is unable to fulfill any obligation under the agreement, it is obliged to notify the other party as soon as possible.