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General Terms and Conditions of University Sports at Freie Universität Berlin

as per 29 September 2014

I. Scope of general terms and conditions

The general terms and conditions apply to the entire sports offer of University Sports (henceforth referred to as ZEH) regardless whether the events will be implemented at own responsibility of ZEH or mkediated on behalf of another organizer.

For sports courses mediated on behalf of other organizers the contractual agreements of these organizers will be additionally in force.

ZEH offer sport events at own responsibility and mediate courses and events on behalf of other organizers. The description of the respective offer explicitly refers to the mediation. The sports offer of ZEH comprises courses, competition events, and sport trips.

The sports offer gives priority to members of the universities listed in chapter II of these general terms and conditions and is liable for costs. University members are persons designated under par. 43 of the university legislation. With regard to the optimal use of vacancies to capacity other users than designated hereafter may participate in the sports program on separate conditions.

The course fee depends on the affiliation of the participant to a specific status group.

Upon registration for a sports offer, the participant declares acknowledgement of the general terms and conditions on hand and assures her/his adequate sports fitness.

II. Eligibility and proof of status group

In principle all members of the cooperating universities listed hereafter are eligible to participate in the advertised sports offer subsequent to registration:

  • Alice Salomon Hochschule (ASH)
  • Beuth Hochschule für Technik Berlin (BHT)
  • Business and Information Technology School (BITS)
  • ESCP Europe (ESCP)
  • Evangelische Hochschule (EHB)
  • Europäische Wirtschaftshochschule (EAP)
  • Freie Universität Berlin (FUB)
  • Hertie School of Governance
  • Hochschule für Medien, Kommunikation und Wirtschaft (HMKW)
  • Hochschule für Musik (HfM)
  • Hochschule für Schauspielkunst (HfS)
  • Hochschule für Technik und Wirtschaft (HTW)
  • Hochschule für Wirtschaft und Recht (HWR)
  • Humboldt Universität zu Berlin (HUB)
  • International Psychoanalytic University (IPU)
  • Katholische Hochschule für Sozialwesen (KHSB)
  • Kunsthochschule Berlin-Weißensee (KHB)
  • SRH Hochschule Berlin
  • Technische Universität Berlin (TUB)
  • Universität der Künste (UdK)

Pay grade 1 applies to students and apprentices of the above universities. Pay grade 2 applies to all other members of the above universities.

A participation of non-members of the above universities depends on the available capacity.

a. The advertised fee for pay grade 3 applies to students, who are not members of the above listed universities. Based on regulations for the use of municipal sport facilities in Berlin (SPAN), an additional amount of Euro 1,10 per person and hour will be charged for members of the aforementioned group, which is already included in the course fee.

b. Pay grade 3 also applies to guest students of Freie Universität Berlin and alumni, who joined the network of Freie Universität Berlin via the central Alumni Bureau, (against production of guest student card and/or membership proof of OSI Club, Ernst-Reuter-Gesellschaft der Freunde, Förderer und Ehemaligen der Freien Universität Berlin e.V.). Based on regulations for the use of municipal sport facilities in Berlin (SPAN), an additional amount of Euro 1,10 woöö be charged for members of the aforementioned group, which is already included in the course fee.

c. Pay grade 1 applies to school children and apprentices (against production of proof). For registration minor apprentices, school children, and students need a written consent of their legal guardian, which must be produced at the office of ZEH prior to the beginning of the course. Furhter information can be found here (download). Admission to the course must be confirmed by the person in charge of the respective type of sport. The booking will be considered provisional until receipt of this confirmation.

d. Pay grade 4 applies to users, who do not belong to any of the aforementioned groups and are unable to present the respective proof. Based on regulations for the use of municipal sport facilities in Berlin (SPAN), an additional amount of Euro 1,10 will be charged for members of the aforementioned group, which is already included in the course fee.

III. Registration

1. Status and pay grade

Each participant is indentured to produce the respective proof for the status group chosen upon registration. In case a proof of status group (i.e. student card, salary statement or employment contract etc) cannot be produced, ZEH will subsequently upgrade the grouping to pay grade 4.   The differential amount plus a processing fee in the amount of Euro 15,00 must be order based. The subsequent proof of the status group with a lower course fee justifies no claim for a refund of the differential amount.

2. Validity of registration confirmation

The confirmation of registration is personalized and unconveyable.

3. Online registration

Registration for a course of choice can be made via the booking system of the ZEH website by entering the required data into the system and acknowledging the General Terms and Conditions by a hook in the respective field. The course fee for the selected offer will be collected by direct debiting system. By booking online, this mode of payment and the direct debiting is opted in.

4. Personal registration

Personal registration can be made during business hours via the online self-service terminal at the office of ZEH. For personal registration a proof of status group must be produced. By indicating the bank connection the payment of fees will be carried out cashless by principle via the SEPA direct debit mandate.

5. Data protection  

Personal data of participants will be processed by ZEH solely in the extent required for the respective contract and in compliance with the Act on protection against the misuse of personal data.

VI. Terms of payment for courses and competition events

1. Electronic direct debit procedure

By stating a bank connection upon booking online, University Sports ZEH will be authorized to debit the amount due from the indicated bank account via electronic direct debit procedure. ZEH will preannounce the direct debit by E-Mail in accordance with the specified lead time prior to the date of maturity.

2. Non-redemption of the direct debit procedure

In case of non-redemption of the direct debit procedure due to objection, misquoted bank connection, or insufficient funds the name and address of the participant can be used by ZEH to claim damages. By taking part in the electronic direct debit procedure participant further consents that in case of non-redemption this fact will be registered in a lock file. The blockage will be rescinded as soon as the fee for the booked event and the bank charges invoiced to ZEH (at present between Euro 5.11 and Euro 10.11) have beeen paid. The proof of a minor or no damage on the part of ZEH will be reserved to the participant These charges plus a service fee in the amount of Euro 5.00 will be automatically added to the amount due.

3. Compensation for use

For the use of municipal sport facilities Berlin district authorities are charging a compensation for use in the amount of Euro 1,10 per person and hour for participants, who are not members of Berlin universities in accordance with Art. 43 of the Berlin University Legislation. This amount is already included in the advertised course fee.

4. Reimbursement

The refund of securities provided, course fees for courses cancelled by ZEH, and course fees for approved cancellations by participants will be administered cashless by the main cash office of Freie Universität Berlin.

5. Cancellation prior to the beginning of a course

As a basic principle the cancellation of a booked course is not possible. Separate regulations apply to competition events.

6. Course change

Basically a course can be changed. The course change must be applied for in writing and is subject to a final decision to be made by ZEH. In this case more or underpayments will be compensated cashless. A service fee in the amount of Euro 5.00 will be charged for a course change.

7. Withdrawal from the contract due to illness / injury

Cancellation of a course due to illness / injury can be made only against production of a medical certificate of the respective physician. This medical certificate must be received by the office of ZEH not later than 14 days after the appearance of the case of illness. At the same time, the cancellation must be declared to ZEH in writing within 14 days after occurance of the case of illness. The date of receipt of the advice of cancellation and medical certificate at the office of ZEH will be deciding in this case. At the day of appearance of the illness at least 50% of the lessons of the respective course still must be open. Only under these terms a partial reimbursement can be made by deducting a service fee in the amount of Euro 5.00.

8. Courses of external organizers

For courses mediated by ZEH on behalf of other organizers the respective withdrawal clauses will apply. In case of withdrawals for any reason (to include illness / injury) the external organizer must be provably notified as well.

9. Number of course lessons / course management

The cost accounting of courses arranged by University Sports is based on a minimum number of participants in order to implement the course. If the minimum number falls below but an implementation of the course still seems significant with regard to organization and subject matter, the number of lessons will be reduced if necessary and appropriate. If not explicitly pointed out otherwise (i.e. for tennis and riding lessons) the course fee does not justify the claim for a specific number of lessons. Guidelines for the number of lessons are outline conditions in force such as lecturing season, holidays (with regard to municipal sport sites), etc.

10. Reimbursement due to cancellation

Reimbursement or partial reimbursement will be granted by ZEH only if the non-implementation or discontinuation of a course falls within the decision and responsibility of ZEH (i.e. cancellation of a course due to lower deviation of the minimum number of participants). The cancellation of individual course lessons will justify no claim for reimbursement. In cases as such, however, ZEH will be endeavored to realize alternate dates.

11. Dismissal from a course due to misconduct

In case of dismissal from a course due to misconduct (see General Terms and Conditions, chap. VIII) the course fee will not be refunded.

12. Proof of status

The course registration and proof of status has to be brought to each course lesson and must be produced upon request of the course instructor or supervisors appointed by ZEH. The proof of status is valid only in connection with a photographic ID (i.e. ID card or driver's licence).

13. Failure to register for a course

In case an inspection reveales that a participant has failed to register, she/he will be dismissed from the course immediately. In case of recurrence the participant can be barred from the facility. A further result of a participation without registration is the lack of insurance coverage in case of accident.

14. Dismissal from a course due to a lacking performance level

Participants who misjudged their own performance level and do not meet the required standards are taking the risk of being dismissed from the course by the respective instructor without reimbursement of the course fee.

15. Dismissal from a course due to failure to attend the mandatory briefing

If the course description refers to a mandatory introduction briefing the failure to participate might result in a dismissal from the course without reimbursement of the course fee.

16. Input conditions

Some courses require designated input conditions. Prior to registration applicants must make sure to be in possession of the respective proofs. A lack of the required proofs subsequent to registration entails in expulsion from further participation in the course whithout refund of the the course fee.

17. Rental of sports equipment

For various types of sport the rental of equipment is possible against payment of a deposit and on condition that a respective course has been booked during the loan period. If the contingent of material should be exhausted or suitable equipment not be on hand, these facts will not justify a withdrawal or the claim for reimbursement of the course fee. Rental of equipment and payment of a deposit can be done solely at the office of ZEH. The maximum loan period for the participant is two semesters.

18. Return of rented sports equipment

If rented sports equipment will not be turned in completely and undamaged within two weeks after the end of the course, ZEH deducts the amount of Euro 20.00 from the deposit and will send a reminder. In case the equipment will not be returned within the period stated on the reminder, the entire deposit will be retained.

V. Terms of payment for sports trips

1. Acknowledgement of advertisement

By booking the sports trip the general terms for the respective advertisement will be acknowledged.

2. Reservation of places

The places available will be reserved in chronological order of booking, which can be done online via the ZEH website.

3. Change of prices

Up to date of the introductory discussion prices and services are subject to alteration within the scope of 10 %.

4. Cancellation of the sports trip by ZEH

ZEH reserves the right of decision on the definite realization of each single sports trip. In case a sports trip cannot be implemented the costs will be refunded. Registered participants are not legally entitled to a claim an implementation of the sports trip, not even in the case of short notice. ZEH assumes no liability for cancelled or failed sports trips.

5. Maturity of fee

The fee for the sports trip becomes due in a partial or total amount. Details are settled in the advertisement of the event.

6. Change of reservation and replacement

Upon changing the reservation for another sports trip, a registration fee in the amount of Euro 30,00 becomes due. A change of reservation can be done by ZEH or via ZEH only. A transfer of the place to another person on participant's own authority is not permissible. Up to the beginning of the trip participants have the right to offer that another persons enters into the rights and obligations of the contract. University Sports has the right to object to the replacement if the person does not meet the required standards for the trip or legal provisions and/or official directives oppose to her/his participation. If another person enters the contract, this replacement and the first registered participant will be jointly and severally liable for the fee and additional costs incurred hereby.

7. Withdrawal from the contract

The office of ZEH and the external organizer if applicable must be notified in writing of the cancellation (to include illness/injury) of a sports trip.

8. Claim for compensation

In case of cancellation prior to the beginning of the sports trip ZEH is entitled to a fair compensation for arragements and expenditures incurred prior to cancellation and depent on the respective price for the sports trip.

9. Amount of compensation

The claim for compensation will be consolidated into a lump sum and staggered at times. Saved expenditures and possible other use of services for the trip will be taken into consideration. Therefore, the amount of compensation will be calculated as follows dependent on the date of receipt of the cancellation.

  • 54 – 30 days prior to the beginning of the trip: 20 % of the total price, however, not less than Euro 30,00
  • 30 – 15 days prior to the beginning of the trip: 50 % of the total price
  • 14 – 8 days prior to the beginning of the trip: 80 % of the total price
  • 7 days or less prior to the beginning of the trip:   90 % of the total price

Terms diverging to the above will be separately referred to in the respective advertisement of the sports trip.

10. Insurance

The fee for the sports trip does not include a travel cancellation insurance. Participants have to effect a travel cancellation insurance on their own. This also applies to health and other insurance contracts.

11. Participants without registration

Unregistered persons are not permitted to participate in the sports trip or to replace a registered participant.

VI. Health Sport

In accordance with an internal provision of Freie Universität Berlin ZEH are providing a broad program of health promotion sports.

All health promotion courses are fee-based. Upon booking, the courses must be paid in full. Legal provisions, however, allow a partial funding by health insurances and employers, whereby the various billing practices must be distinguished as follows:

a) Prevention program sponsored by health insurances

b) Internal health promotion program sponsored by Freie Universität Berlin.

Ad a): The prevention program comprises a number of courses that participants may be able to cash up with their health insurances.

Upon request, ZEH will issue a confirmation on the regular attendance of the respective course. Basis for the issuance of a certificate of attendance is the valid registration and the attendance list kept by the respective course instructor. Prerequisite is a participation in at least 80 % of the course lessons. The course instructor must be requested to issue a confirmation of participation prior to the beginning of the course. In accordance with the provisions of Art. 20 of the Code of Social Law a refund of the paid course fee can be applied for by means of this confirmation.

Participants have to inquire about the respective reimbursement rates and terms at their own insurances. ZEH will not warrant the cost absorption of course fees by insurance companies. Further information on additional reimbursement options for employees of Freie Universität Berlin can be found on the website of Workplace Health Promotion (FUndament Gesundheit) of Freie Universität Berlin.

Ad b): Upon submitting a respective application to the personnel department, Freie Universität Berlin will refund the costs for up to two courses per year for employees, provided the health insurance did not absorb the costs.

Prerequisite is the attendance of at least 80 % of the course lessons. Upon request, ZEH will issue a certificate of attendance for the respective courses, which requires keeping of attendance lists.

VII. Competition Sport

1. General Information

The implementation of competition sport is not purpose of University Sports but falls under the sole responsibility of professional sports federations.

2. Purpose of competition sport

Competition sport within the framework of university sports serves the sportive competition between course participants, the mass sport-oriented competiton with former university members or members of other universities, and the participation in local, national, and international university championships.

3. Nomination rules

For a participation in contests, tournaments, and unversity championships the performance principle applies. Participation is within the discretion of all persons affiliated to Freie Universität Berlin in accordance with Art. 43 of the Berlin University Legislation. For clarification of nomination and chances for participation persons interested in individual and team competitions are requested to make contact with the person in charge of competition sport at ZEH not later than four weeks prior to the event.

4. Insurance coverage

Insurance coverage will not be provided by Unfallkasse Berlin for competition sport events independent of the pay grade for the respective status group.

5. Competition sport events offered by ZEH

The modalities for tournaments will be stipulated by ZEH. Prior to the beginning of the respective tournament team chiefs can seek information on the appearance of their teams from the person in charge of competition sport at ZEH.

6. Regional events and contests

On the Berlin level this sports offer comprises contacts to sport institutes and organizations of non-university range and competition offers for teams under the parent organization of SSVB (Studentensportverband Berlin). The sports offer mainly consists of Berlin university championships, open championships, and comparison competitions of various Berlin universities.

7. Supraregional events

This competition offer basically comprises German university championships (DHM) as individual or team competitions, sport encounterings with universities at a national and international level, and international university championships.

Reference: Nominations for participation in German university championships will be determined by the competition commissioner of ZEH only.

VIII. Aquatic Sports

Upon booking one of the Aquatic Sports Center services, all participants in aquatic sports courses and users of the sports boat hire acknowledge the house rules and rental conditions for aquatic sports equipment of the Aquatic Sports Center of Freie Universität Berlin.

1. Individual appointments for motor boat training

The booking of appointments is binding. As a basic principle the cancellation of a booked course is not possible. Changes of reservation not later than 7 days prior to the booked appointment. The course change must be applied for in writing and is subject to a final decision to be made by ZEH. In this case more or underpayments will be compensated cashless. A service fee in the amount of Euro 5.00 will be charged for a course change.

2. Registration / cancellation / reimbursement

Upon booking online, a telephone number and mail address must always be indicated. In case appointments must be cancelled on the part of ZEH, participants will be notified by the office of ZEH by mail - or telephonically if appropriate. In cases as such the course fee will be renfunded in full without any deduction.

IV. General duties of participants

The following obligations apply to all participants in University Sports offers:

  • Strict observance of the advertised times in order to allow a smooth and safe course of the event
  • compliance with directions of instructors, in-door personnel, and groundkeepers
  • compliance with house regulations for sport facilities and event locations
  • careful handling of sports material provided by University Sports for further utilization in coming semesters
  • avoidance of damages to halls, grounds, dressing rooms, and shower cabins and leaving same in good order and condition for other users
  • compliance with the general ban of smoking and alcohol consumption in all sports facilites used by University Sports of Freie Universität Berlin
  • observance of the fact that participans must have the minimum age of 16 years.

Participants offending against the above regulations may be dismissed from the current course. In case of recurrence a house ban and/or exclusion from further participation in the sports program can be imposed on the offender. In case of dismissal from a course due to misconduct the course fee will not be refunded.

X. Insurance coverage

In case of accidents which might occur during official University Sports courses insurance coverage is provided by the Unfallkasse Berlin for students of the above listed cooperating universities, who had properly registered for the respective course. Legal foundation for insurance coverage in this case is the Code of Social Law no. VII. In case of accident, however, the Unfallkasse Berlin is bound to come to an individual decision after careful ascertainment of the facts.

The Unfallkasse Berlin will not provide insurance for competition events and sport trips. ZEH therefore recommend that participants in such events provide appropriate insurance coverage on their own. Further, insurance coverage will not be provided for accidents which occur within the framework of sport offers mediated by ZEH but not implemented within their own responsibility.

Insurance coverage will not be provided by the Social Accident Insurance for any other university members, other groups of participants, and students who failed to register.

All accidents that occurred during the official courses of University Sports at Freie Universität Berlin must be reported to the office of ZEH immediately (tel. 838 53 320).

Further information on the Social Accident Insurance can be obtained by contacting the Unfallkasse Berlin, Culemeyerstrasse 2, 12277 Berlin, tel. (030) 76 24 0.

XI. Liability

ZEH assumes no liability for damages to participants within the framework of the ZEH sports offer. This non-liability does not apply to damages/injury to life, body and/or health caused by wilful or negligent dereliction of duty on the part of ZEH or any of their legal representatives and performing agents.

Participants will be held liable for all damages incurred by ZEH due to deliberate action and negligence. For loss or damage to rented sports equipment participants will be held liable for the total purchasing price for new equipment. Participants are recommended to effect a liability insurance in order to have coverage in case of liability claims on the part of third parties for personal injury or property damage which might occur in the course of sports activities.

Participants are requested not to bring valuables to the sports facilities.

XII. Validity of the General Terms and Conditions on hand

ZEH reserves the right of adjustment and amendment of the stipulated General Terms and Conditions and will point out any adjustments or amendments to participants. Participants may object to the respective adjustment or amendment in writing within a period of two weeks. Adjustments and amendments are deemed accepted if no objections have been submitted on schedule.