Terms of service
General Terms and Conditions
I. Scope
These general terms and conditions ("GTC") apply to all contracts concluded between DAYAWAY, Bohnenbergerring 17, 75305 Neuenbürg, and its customers. Customers can be either consumers or entrepreneurs, but only end users. For the purposes of these general terms and conditions, a "consumer" is any natural person who enters into a contract for a purpose that is predominantly outside their trade, business, or profession (§13 BGB), and an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business, or profession (§14 Para. 1 BGB). The version of our general terms and conditions valid at the time of the order is decisive. Deviating conditions of the customer will not be recognized unless DAYAWAY has expressly agreed to them in writing.
II. Creation and Use of the Customer Account
1. Customers can create a customer account through the appropriate registration.
2. After sending the corresponding confirmation email following the registration, a usage agreement concerning the customer account is concluded between the customer and DAYAWAY.
3. DAYAWAY provides the respective customer account free of charge; usage is voluntary.
4. Information regarding the processing of personal data related to the customer account is available in the privacy policy (…).
5. The customer can terminate the usage agreement without notice by notifying DAYAWAY, with the result that they no longer have access to the customer account.
III. Conclusion of the Contract, Cancellation
1. As soon as the customer clicks on the so-called "purchase button" or the clearly labeled button in accordance with § 312j Para. 3 BGB, an offer to conclude the contract is made. A contract is only concluded when DAYAWAY assigns an order number to the customer.
2. Reselling, whether commercial or non-commercial, is not permitted for the customer. DAYAWAY is entitled to cancel the contract if the customer violates this specific condition. The declaration of cancellation of withdrawal can also be made implicitly by crediting the paid amounts.
3. The aforementioned right of withdrawal is subject to the provisions of §§ 346 ff. BGB, excluding § 350 BGB.
IV. Travel, Shipping Costs, Payment Terms
1. The price stated for DAYAWAY products is binding and includes the statutory VAT. All prices are total prices.
2. Payment is possible depending on the event and order modalities via SEPA direct debit, credit card (VISA, Mastercard, American Express, ...), Giropay, or Sofortüberweisung. The total price of the order, including all fees, is due for payment immediately after the conclusion of the contract for credit card, Giropay, Sofortüberweisung, and SEPA direct debit payment methods. The above payment modalities also apply to gift vouchers.
3. Data transmission for credit card transactions using 3D-Secure is handled via shopify.com, and shopify.com assumes liability.
V. Right of Withdrawal
There is no right of withdrawal for consumers in the following contracts:
Contracts for the provision of services in the area of accommodation for purposes other than residential purposes, the transport of goods, car rental, the supply of food and beverages, and for the provision of further services in connection with leisure activities, where the contract provides for a specific date or period for the provision (§ 312g Para. 2 Sentence 1 No. 9 BGB). This means that, insofar as DAYAWAY offers services in the area of leisure activities, as is the case here, there is no right of withdrawal. The order is binding immediately after confirmation in accordance with Section 3 by DAYAWAY and obligates the customer to accept and pay for the goods.
For other contracts with consumers, the following applies:
Withdrawal Policy / Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us, DAYAWAY, Bohnenbergerring 17, 75305 Neuenbürg, Tel:, Fax:, E-Mail by means of a clear declaration (e.g., by letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You may use the attached withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notice of exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal:
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the inexpensive standard delivery offered by us) without undue delay and no later than 14 days from the day on which we received notice of your withdrawal from this contract. We will use the same means of payment for this refund that you used for the original transaction unless expressly agreed otherwise with you. In no case will you be charged for this refund. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any case no later than 14 days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Sample Withdrawal Form
If you want to withdraw from the contract, please complete this form and return it to us.
DAYAWAY
Bohnenbergerring 17
75305 Neuenbürg
I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods, the provision of the following services:
Ordered on:
Received on:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s):
Date:
Delete as appropriate
In case of withdrawal by the customer, the following applies: DAYAWAY may withhold the refund until the goods have been returned or until the customer has provided proof that the goods have been returned, whichever is the earlier.
The customer must return the goods immediately and in any case no later than 14 days from the day on which they informed DAYAWAY of the withdrawal from the contract. The deadline is met if the customer sends the goods before the 14-day period expires. The customer bears the direct costs of returning the goods. The customer must bear any loss in value of the goods if this loss in value is due to handling that was not necessary for the examination of the nature, properties, and functioning of the goods.
VI. Warranty For legal transactions with a consumer within the meaning of § 13 BGB, the statutory provisions apply to any claims for defects in title and/or material defects.
VII. Liability
1. DAYAWAY is liable for damages caused intentionally or by gross negligence, for intentional or negligent injury to life, body, or health, as well as for assuming guarantees without limitation.
2. For damages caused by negligence, DAYAWAY is otherwise only liable for breach of a duty that is essential for the proper performance of the contract and on which the customer can regularly rely. In this case, DAYAWAY's liability is limited to the contractually typical foreseeable damage.
3. Insofar as the liability of DAYAWAY for damages that do not result from injury to life, body, or health is not excluded, claims become time-barred within one year, starting from the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.
4. The liability of DAYAWAY under the provisions of the Product Liability Act (ProdHaftG) remains unaffected.
5. Otherwise, any liability of DAYAWAY for damages, regardless of the legal grounds, is excluded.
6. Insofar as DAYAWAY's liability is excluded according to these provisions, this also applies to the liability of our organs and vicarious agents, particularly employees.
VIII. Conditions for Participation in a Road Trip
1. Participation in certain travel tips requires a minimum level of personal suitability (e.g., size, age, health condition, weight, driver's license). These minimum requirements for your travel tip can be found in the descriptions on our website.
2. We welcome the participation of people with disabilities in the offered road trip, but we point out that participation may be burdensome or impossible in such cases. Therefore, we kindly ask you to inform us about any disabilities before making a purchase. We will do our best to find an individual solution for you.
3. Your safety is of the utmost importance to DAYAWAY. Please exercise caution during our road trip, use good judgment, and follow all signs and safety instructions provided in our guide or at the individual locations. Further details can be found on our website at www.dayaway.de. Please also instruct your fellow travelers to follow our rules and safety advice.
4. Please be cautious while enjoying your day trip. Follow all traffic signs, do not drive under the influence of alcohol, take care of your personal belongings, and always use common sense, prioritizing safety. Although certain precautions can reduce potential risks, the risk of emotional and physical harm, injury, permanent disability, or death remains when traveling. It is important to note that DayAway cannot be held responsible for actions you take based on the advice provided in this guide. You agree and acknowledge that you undertake some or all of the suggestions presented in this guide in full awareness of the associated risks. You agree that DayAway is not liable for your actions or activities. By participating in our road trips, you confirm that you have read, understood, and agreed to the conditions outlined in this disclaimer. Your safety is of the utmost importance to us, and we urge you to exercise caution, use good judgment, and follow all signs and safety instructions provided in this guide or at the individual locations. Further details can be found on our website at www.dayaway.de. You also confirm these rules and safety advice for all participants you bring along on your trip.
IX. Final Provisions
1. The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The sole place of performance for delivery, service, and payment is Neuenbürg, provided the customer is an entrepreneur within the meaning of § 14 BGB.
3. If the buyer is a merchant, the exclusive place of jurisdiction for all disputes is Pforzheim. However, we are also entitled to sue the buyer at their general place of jurisdiction.
4. Should individual provisions of these general terms and conditions be or become invalid, the validity of the remaining contractual terms shall not be affected.
Neuenbürg, August 1, 2024
Carolyn Murphy