HOCO ONLINE GmbH
Am Treptower Park 28-30
Haus A, 4. OG
represented by the managing directors: Daniel Bohne, Sven Mack
Phone: +49 30 959981143
Hoco Online GmbH
Tax Office Berlin Körperschaften II
Charlottenburg Local Court, HRB 175642 B
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/.
HOCO is not obligated to participate in a dispute resolution procedure before a consumer arbitration board and is generally not prepared to do so.
Disclaimer for rides via Komoot or Strava
The bike rides organized by Hoco Online GmbH under the brand name Bike Mailorder and New Order, are not bike races, but purely recreational events. Participation is usually free of charge. A ride can be cancelled at any time – especially due to bad weather – without the participants incurring any (compensation) claims against Hoco Online GmbH. In the event of a cancellation, we will make every effort to inform the participants by posting a notice on our website and social media channels.
We are not bound to a route planned in advance, but this can change at short notice or even during the excursion. The routes of the rides are predominantly public roads. Each participant therefore acknowledges that there will or may be road traffic and dangerous spots such as road construction on the routes and expressly undertakes to comply with the applicable traffic regulations (in particular the StVO) during each ride.
Participation in our rides is exclusively at your own risk. In particular, each participant is responsible for the safety of his or her own equipment (e.g. the roadworthiness of his or her bicycle, etc.) and agrees to wear a bicycle helmet that complies with TÜV/GS standards during the rides. Each participant must also – regardless of the behavior of the group or other participants – adjust his speed to his riding ability as well as his physical condition.
By registering for a ride, each participant expresses that he or she has sufficient cycling skills and physical fitness for the ride in question. We do not assume any liability for health risks of the participants in connection with the rides and it is incumbent upon each participant to check his or her state of health beforehand. In justified cases, we are entitled to exclude individual participants from further rides at any time.
Furthermore, the operators of the bike mail order and new order rides are not liable to the participants in the area of their own responsibility or other circumstances lying in the sphere of the participants (e.g. in the case of falls of a participant, non-observance of the traffic regulations, etc.), regardless of the legal grounds. In all other respects, Hoco Online GmbH is liable according to the statutory provisions, insofar as claims for damages are asserted that are based on intent or gross negligence on the part of Hoco Online GmbH or its representatives or vicarious agents.
As far as there is no intentional breach of duty as well as in case of culpable breach of an essential duty by Hoco Online GmbH, the liability for damages is limited to the foreseeable and typically occurring damage.
Liability for culpable injury to the life, body or health of a participant remains unaffected, whereby the amount of liability is limited to foreseeable and typical contractual damages.
Beyond that, any liability of Hoco Online GmbH is expressly excluded. This exclusion of liability also applies to the benefit of its agents, representatives and third parties, which we use in connection with the implementation of the trips or with whom we cooperate for this purpose.
The exclusion of liability refers to both direct damage and consequential damage.
With the registration the participant accepts the ride rules and the exclusion of liability. In addition, the participant confirms with his registration that he is at least 18 years old. Minors need the consent of a parent or guardian to register for our rides.
Conditions of participation for the competition “MTB Hopper Challenge”
- Subject of the conditions of participation and organizer
1.1 These conditions of participation regulate the conditions for participation in the sweepstake as well as any necessary transfer of rights. The description and the procedure of the respective sweepstakes shall be carried out within the framework of the respective sweepstakes campaign of HOCO ONLINE GmbH
1.2 The organizer of the sweepstakes is HOCO ONLINE GmbH, Am Treptower Park 28-30, Haus A 4. OG, 12435 Berlin.
1.3 By participating in the respective sweepstake, these conditions of participation are accepted.
2.1 Eligible to participate in the competition are all natural persons who have reached the age of 18 or young persons under the age of 18, provided that their legal representatives have declared their written consent to participation. Excluded are employees of HOCO ONLINE GmbH and affiliated companies as well as relatives of such employees and their relatives. Participation with forged identities or with identities of third parties is not permitted.
2.2 Eligible participants can take part in the competition by …
2.2.1 … booking a 3 hour slot at www.neworder.berlin/mtb-hopper-challenge, showing up at the New Order Store on the booked date and borrowing the MTB Hopper Lite for 3 hours.
2.2.2 … upload a video on Instagram or TikTok showing it in action with the ramp. The video must have the hashtag #DasIstDieBerlinerAirtime in the description.
2.2.3 … follow the New Order Store on Instagram or TikTok.
2.3 Participation is possible until 20.08.2021 16:00.
- Prize and prize notification
3.1 Among all eligible participants, the participant will receive a MTB Hopper Lite ramp as a prize.
3.2 The winner will be determined within 3 days after the closing date among all eligible participants. The winner is the person who has collected the most likes for their video. If two or more participants have the same number of likes, the random principle will decide which of these participants wins. The winner will be announced via Instagram & TikTok post on the New Order account and will be asked to pick up the prize in the store within the next 3 business days.
3.3 If the winner does not come by the Store and pick up their prize within the 3 business day period after the winner is announced, the claim to the prize will expire. In this case, we are entitled to conduct a substitute draw.
3.4 The prize is not transferable, nor can the prize be exchanged or paid out in cash.
3.5 If circumstances arise for which we are not responsible, the respective winner shall accept an appropriate substitute prize. Such circumstances beyond our control are in particular those that lie with the sponsors of the prizes.
- Liability and indemnification
4.1 If the participant uploads photos or videos, the participant guarantees that he/she will not send any content whose provision, publication or use violates applicable law or the rights of third parties.
4.2 The participant indemnifies us against claims of third parties of any kind whatsoever resulting from the illegality of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer from legal defense costs (e.g. court and attorney fees).
4.3 By participating in the sweepstakes, the participant releases Facebook and Instagram from any liability.
4.4 By participating in the competition, the participant relinquishes any liability claims against Hoco Online GmbH. Participation in the competition is exclusively at the participant’s own risk. Each participant is responsible in particular for the safety of his equipment and that of Hoco Online GmbH.
A violation of these conditions of participation entitles us to exclude the respective participant from participation. This applies in particular if the participant provides false information or if photos or other content used (e.g. comments) violate applicable law or the rights of third parties. The same applies to comments that glorify violence, are offensive, harassing or derogatory or otherwise violate social decency.
- Early termination and changes
We reserve the right to prematurely terminate the competition in whole or in part at any time, even without observing deadlines, or to change its course if it is not possible to guarantee proper implementation of the competition for technical reasons (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g. prohibition by third parties) or due to force majeure.
- Data protection
We are responsible for the collection, processing and use of personal data of the participants, if we process them ourselves. We will only use the participant’s personal information and other personal data within the framework of the statutory provisions of data protection law. We will only store, process and use the information to the extent that this is necessary for the implementation of the competition or if the participant has given his/her consent. This also includes use for exercising the rights of use granted. The data will only be used to carry out the competition and will be deleted afterwards.
The participant may at any time request information about the data stored about him or her. In all other respects, our data protection declaration applies accordingly, which can be accessed at https://www.bike-mailorder.de/datenschutz/.
- Final provisions
Should any provision of these Terms and Conditions of Participation be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these Terms and Conditions of Participation. Instead of the invalid provision, the legally permissible provision that comes closest in economic terms to the meaning and purpose expressed in the invalid provision shall apply. The same applies in the event of a loophole in these conditions of participation.
The HOCO ONLINE GmbH team wishes you good luck and success.
The functional terms used in these conditions are to be understood as gender-neutral and refer to female, male and diverse identities.
©pleasedonttouch Clemens Müller