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Terms and Conditions for Website and App

  1. Home
  2. Terms and Conditions for Website and App

General Terms and Conditions (Website)

This English version is provided for convenience only. The German version is legally binding.

for the online shop at the URL

www.mountainsquad.com

operated by

Mountain Squad GmbH
Amtsfeldstrasse 7
38855 Wernigerode
E-mail: info@mountainsquad.com

- hereinafter: Provider -

Table of contents All sections at a glance
1. Scope of application 2. Conclusion of the contract 3. Right of withdrawal for consumers 4. Payment, default 5. Retention of title 6. Provision of digital content, delivery and trophy 7. Warranty 8. Liability 9. Data protection 10. Final provisions 11. Consumer dispute resolution
01

1. Scope of application

1.1 These General Terms and Conditions (GTC) apply, once incorporated, in the version valid at the time of the conclusion of the contract, to all contracts concluded for the acquisition of goods, digital content, digital services or other services (hereinafter "Services") in the online shop at the above-mentioned URL. These GTC apply exclusively. Deviating general terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.

1.2 Via the online shop, the Provider offers challenge packages which, depending on the product, may comprise digital components (including, inter alia, access to the Mountain Squad app, GPS and route data, digital progress functions, a digital certificate) and – depending on the package selected – a physical component (finisher trophy). Further details regarding scope, provision and use are set out in clause 6 of these GTC and on the respective product page. The General Terms and Conditions (App) additionally apply to the use of the app and the completion of the challenge.

02

2. Conclusion of the contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors to the online shop to submit an offer to acquire the Services offered in the shop.

2.2 Orders are placed via the Provider's online order form. After selecting the desired Service(s), entering all mandatory information requested and completing all other mandatory steps of the ordering process, the selected Services can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer. The contract is concluded when the Provider accepts the customer's offer. Acceptance takes place when the Provider confirms the conclusion of the contract in written form or text form (e.g. by e-mail) (order confirmation) and this order confirmation is received by the customer, or when the Provider performs or delivers the ordered Service, or when the Provider requests the customer to make payment (e.g. invoice or card payment in the ordering process) and the payment request is received by the customer; the decisive point in time for the conclusion of the contract is the point at which one of the alternatives mentioned in the first half-sentence occurs for the first time.

2.3 Before bindingly submitting the order via the Provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed once again in a confirmation window before the order is bindingly submitted and can also be corrected there.

2.4 The Provider will store the contract text after the conclusion of the contract and send it to the customer in text form (e.g. by e-mail). The Provider does not make the contract text accessible in any other way. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for the conclusion of the contract: German, English

03

3. Right of withdrawal for consumers

Consumers are, in principle, entitled to a right of withdrawal in the case of contracts concluded away from business premises and distance contracts. A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to their commercial activity nor to their self-employed professional activity. Details – including the particularities relating to digital content and to physical components of a package – can be found in the information on the right of withdrawal, which is made available to every consumer at the latest immediately before the conclusion of the contract.

04

4. Payment, default

4.1 The prices stated in the online shop at the time of the order apply. All prices include statutory VAT and are exclusive of any shipping costs stated.

4.2 The customer is informed in the checkout of the online shop of the payment methods actually displayed and selectable in the respective ordering process. Depending on the payment method selected, the purchase price becomes due immediately upon the conclusion of the contract; payment is processed via the payment service provider named in each case in the checkout. Further information on the payment service providers used and the associated data processing can be found in the privacy policy.

05

5. Retention of title

Insofar as a Service includes physical goods (e.g. a physical trophy included in a package), the goods remain the property of the Provider until the purchase price has been paid in full. No retention of title applies to digital content and digital services; in this respect, the customer is granted a right of use in accordance with clause 6.5.

06

6. Provision of digital content, delivery and trophy

6.1 Digital components. Digital content and digital services (including, inter alia, access to the Mountain Squad app, activation code, GPS and route data, digital progress functions, digital certificate) are made available to the customer immediately after the conclusion of the contract, provided that the customer has expressly consented to immediate provision in the ordering process. Details regarding the expiry of the right of withdrawal in this case are set out in the information on the right of withdrawal.

6.2 Physical trophy (Package M). If the booked package includes a physical Mountain Squad trophy, the entitlement to its provision only arises upon the successful completion of the respective booked challenge. Prior to successful completion, there is no entitlement to the handover or dispatch of the trophy; it is not made available immediately after purchase. Successful completion is determined via the Mountain Squad app. If, for technical reasons, completion cannot be recorded by the app, the Provider will correct the data or enable the participant to repeat the challenge; the participant remains free to prove successful completion by other suitable means.

6.3 Method of provision. Depending on the challenge, the trophy is provided either for personal collection at a partner location designated by the Provider or by dispatch to a delivery address to be specified by the participant after successful completion. The method of provision applicable to the respective challenge is stated on the product page of that challenge. In the case of collection, the Provider will keep the trophy available for collection for a reasonable period from its provision at the partner location and will inform the participant of the place and period for collection.

6.4 Reservation of self-supply. If the Provider is unable to deliver ordered physical goods because it has itself not been supplied through no fault of its own, despite having concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may rescind the contract. The Provider is obliged to inform the customer without undue delay of the impossibility of performance. Any consideration already provided by the contracting party will be refunded to them without undue delay. Mandatory consumer law remains unaffected by this paragraph.

6.5 Use of the digital content provided. The GPS data, maps, route information, texts, images, app content and other digital content provided as part of a challenge may be used by the customer exclusively within the scope of their own participation in the respective challenge. Any disclosure to third parties, publication, commercial use or other exploitation outside this scope is not permitted without the Provider's prior consent.

07

7. Warranty

The statutory provisions on liability for defects apply; for digital content and digital services, in particular §§ 327 et seq. BGB (German Civil Code).

08

8. Liability

8.1 The Provider shall be liable without limitation:

  • for damage arising from injury to life, body or health which is based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • for damage which is based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • on the basis of a guarantee, unless otherwise provided in this respect;
  • on the basis of mandatory liability (e.g. under the Produkthaftungsgesetz – German Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the damage that is typical for this type of contract and foreseeable, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract, by its content, imposes on the Provider in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3 In all other respects, the liability of the Provider and the liability of its vicarious agents and legal representatives are excluded. With regard to the completion of the challenge itself and to trail parks and other third-party facilities, the provisions of the General Terms and Conditions (App) additionally apply.

09

9. Data protection

The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection provisions. Further details can be found in the Provider's privacy policy.

10

10. Final provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived thereby of the mandatory statutory provisions of the law of the state of their residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11

11. Consumer dispute resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.

Our e-mail address can be found in the heading of these GTC.

Last updated: September 2026

General Terms and Conditions (App)

This English version is provided for convenience only. The German version is legally binding.

General Terms and Conditions of Mountain Squad GmbH, Amtsfeldstrasse 7, 38855 Wernigerode (hereinafter "Provider"), e-mail: info@mountainsquad.com

Table of contents All sections at a glance
1. General provisions 2. Subject matter of the contract 3. Completion of the challenge at the participant's own responsibility 4. Trail Parks, National Parks and Other Third-Party Facilities 5. Responsibility for Own Conduct and Damage Caused 6. Relationship with Partners and Landowners 7. Rights of Use in Digital Challenge Content 8. Obligations of the Customer 9. Support 10. Suspension and Blocking of Content 11. Warranty for Defects 12. Liability and Indemnification 13. Confidentiality, Non-Disclosure and Data Protection 14. Final Provisions 15. Consumer Dispute Resolution
01

1. General provisions

1.1 The Provider makes an app available to its customers in accordance with these GTC.

1.2 The Provider does not recognise – unless it has expressly consented to them – any general terms and conditions used by the customer which deviate from these terms and conditions.

1.3 Insofar as the app is distributed via an app store, the terms and conditions of the respective app store additionally apply to the acquisition of the app.

02

2. Subject matter of the contract

2.1 The Provider makes available to the customer an app via which digital challenges (so-called tour packages) can be accessed. For this purpose, the app provides route data, a stamp system and a GPS-based display of the position and the route, including informative presentations. The Provider does not offer guiding or personal live accompaniment during the completion of the challenge; the actual movement and navigation along the route are the sole responsibility of the participant. The integration of a shop in which merchandise items can be purchased is planned for future versions.

2.2 The Provider provides the services in accordance with the respective state of the art. It continuously develops the app further and will improve it by means of ongoing updates and upgrades. No specific level of availability of the app is warranted. The Provider endeavours to keep the app permanently usable within the limits of what is economically and technically feasible; this excludes necessary regular maintenance work and periods in which availability is restricted due to events for which the Provider is not responsible (e.g. force majeure, acts of third parties, technical problems or changes in the legal situation).

03

3. Completion of the challenge at the participant's own responsibility

3.1 The participant shall carry out the booked challenge independently and on their own responsibility. There is no fixed event date and no mass start; the participant decides for themselves on the timing, speed, riding style, breaks, discontinuation and the use of individual sections of the route and of the third-party facilities referred to in Clause 4, including how to respond to weather and route conditions.

3.2 The Provider does not offer guiding or personal supervision of the completion of the challenge. Where the Provider issues safety instructions (for example, regarding weather or route conditions), these must be observed by the participant.

3.3 The participant is personally responsible for the suitability of their sports equipment and their gear for the chosen challenge and level of difficulty.

04

4. Trail Parks, National Parks and Other Third-Party Facilities

4.1 Challenge routes may pass through trail parks, bike parks, national parks, state forest or other forest land and other land and facilities of third parties, or may refer to other partner offers. As a rule, the Provider is not the operator of these facilities and does not provide any guiding, personal assistance or supervision of participants there.

4.2 In addition to this challenge, the terms of use, safety requirements and instructions of the respective operator or owner apply to the respective facility and must be complied with by the participant.

4.3 The Provider accepts no responsibility for the operation, opening, closure, condition or maintenance of safe conditions of third-party facilities, unless the Provider is itself legally responsible for these.

05

5. Responsibility for Own Conduct and Damage Caused

5.1 The participant is personally responsible for their own conduct while carrying out a challenge. This applies in particular to damage which the participant causes intentionally or negligently to persons, objects, land, facilities, paths, installations or other property of third parties.

5.2 The participant is obliged to comply with the statutory provisions applicable from time to time and with the terms of use, safety requirements and instructions of the respective operators and owners. This applies in particular to the handling of fire, open flames, smoke, waste, natural areas, protected areas, woodland and other particularly protected or sensitive areas.

5.3 Where a participant, through their own conduct, causes damage to an operator, owner or other third party, any statutory claims of the injured party against the participant shall remain unaffected by this provision.

06

6. Relationship with Partners and Landowners

The Provider maintains its own contractual agreements with certain operators or owners of the facilities referred to in Clause 4 (for example, permission agreements or partnership agreements). These agreements relate exclusively to the relationship between the Provider and the respective partner and are neither extended nor restricted vis-à-vis the participant by these GTC. Irrespective of this, Clause 5 governs the participant's own responsibility for their conduct.

07

7. Rights of Use in Digital Challenge Content

The GPS data, maps, route information, texts, images and other digital content provided via the app may be used by the customer exclusively within the scope of their own participation in the respective challenge. Any disclosure, publication, commercial use or other exploitation beyond this scope is not permitted without the Provider's prior consent.

08

8. Obligations of the Customer

8.1 The customer is obliged to keep the data provided on registration up to date at all times and to refrain from any infringement of these GTC and of applicable law. The customer must ensure that their account is used by them alone. They must treat their access credentials and the data they have stored as confidential and ensure that third parties do not have access to their data. If the customer culpably breaches this obligation, they are themselves responsible for any damage resulting therefrom.

8.2 The customer is obliged to use the app only for its intended purpose and to comply with all contractual and statutory provisions when using the app. Any use going beyond the purpose of the user relationship is prohibited. In particular, the customer is not entitled to make their access to the app available to a third party for use, whether in part or in full, and whether for consideration or free of charge.

8.3 In the case of team challenges, serious breaches of the Provider's requirements, in particular grave or repeated breaches which increase the risk to other participants, may result in the exclusion of the user. As a rule, an exclusion must be preceded by a formal warning that has gone unheeded.

09

9. Support

Application or software problems are dealt with by the Provider as part of its support service. In order to ensure the fastest possible processing, support services must be requested via the communication channels provided for this purpose or via the ticket system, where available. As a rule, support requests are processed during normal business hours in chronological order, according to the order in which they are received by the Provider.

10

10. Suspension and Blocking of Content

10.1 Where the customer stores their own content within the app (for example, details in their account), such content must not be offensive, extremist, glorifying or trivialising violence, inciting hatred against sections of the population, right-wing extremist, discriminatory, anti-constitutional, harmful to minors or pornographic; it must not infringe the rights of third parties (for example, trade mark rights and copyright) or any other applicable law or public morals (in particular criminal law and the law on administrative offences); and it must not contain any malicious code or malware. If the Provider becomes aware that impermissible content within the meaning of this paragraph may have been stored, it will proceed as follows:

  • The Provider will carry out a summary review of the content concerned without undue delay. If the summary review shows that impermissible content cannot be ruled out, the Provider may, at its own discretion, provisionally block that content or take other measures appropriate to the level of risk, up to and including deletion of the content. The Provider will invite the customer to submit a statement and will grant them a reasonable period of time to do so.
  • As soon as the customer's statement has been received, or if the customer has not submitted a statement within the period granted, the Provider will make a final decision on how the content concerned is to be dealt with.
  • The Provider will inform the customer of the assessment, its outcome and the measures decided upon, unless there are legal reasons to the contrary.
11

11. Warranty for Defects

The Provider warrants the functionality and operational readiness of the app in accordance with the provisions of this contract and otherwise in accordance with the statutory provisions on liability for defects.

12

12. Liability and Indemnification

12.1 Where the app is provided to the customer free of charge, the Provider shall only be liable for intent and gross negligence (§ 521 BGB, German Civil Code). Statutory liability shall remain unaffected in respect of damage arising from injury to life, body or health and in respect of claims under the Product Liability Act (Produkthaftungsgesetz).

12.2 In all other respects, the provisions of Clauses 3 to 6 apply to the completion of the challenge, to trail parks and other third-party facilities and to damage caused by the participant.

13

13. Confidentiality, Non-Disclosure and Data Protection

The Provider is obliged to treat all personal data which it processes in connection with the app confidentially and in accordance with data protection law. Details can be found in the privacy policy.

14

14. Final Provisions

14.1 The contracts concluded between the Provider and customers are governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not result in a consumer habitually resident in the EU being deprived of the protection of mandatory statutory provisions of the law of their state of residence.

14.2 If the customer is a merchant or has no general place of jurisdiction in Germany, the parties agree that the Provider's registered office shall be the place of jurisdiction for all disputes.

14.3 The Provider is entitled to amend these GTC where this is necessary in order to adapt them to changes in the legal or technical framework or for other objectively justified reasons, and provided that the amendment does not unreasonably disadvantage the customer. The Provider will notify the customer of the amended terms in text form and, in doing so, will draw the customer's attention to their right to object and to the consequences of failing to object. If the customer does not object within six weeks of receipt of the notification, the amended terms shall be deemed to have been accepted; otherwise, the Provider is entitled to terminate the contractual relationship by giving four weeks' notice.

15

15. Consumer Dispute Resolution

The Provider is neither willing nor obliged to participate in consumer dispute resolution proceedings.

The Provider's e-mail address can be found in the heading of these GTC.

Last updated: September 2026

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