General terms and conditions

Objective

The profile and attractiveness of a university location depend largely on the performance of its universities. The range of sports on offer also plays a decisive role. The Dresden University Sports Center (DHSZ) sees its task, among other things, in attracting as many students and employees of the TUD Dresden University of Technology as possible to regular sporting activities and promoting their well-being by offering a varied, attractive and cost-effective range of activities.

§ 1 Scope of application

• These General Terms and Conditions (GTC) apply to all sports offered by the Dresden University Sports Center (DHSZ), regardless of whether they are carried out under the responsibility of the DHSZ or arranged by it.
• For sports activities offered by other organizers, their contractual conditions also apply, insofar as these do not contradict these GTC.
• By registering for a sports program, the participant accepts these GTC and assures that he/she is sufficiently fit to participate in sports.

§ 2 Eligibility to participate (status groups)

• The university sports program is primarily aimed at students, employees and trainees of the Dresden universities affiliated with the DHSZ and Dresden Concept (so-called university members).
• Minor participants must present the consent of their legal representative and a current certificate of enrollment or other proof of university affiliation to the DHSZ.
• Participants must book the sports course and pay the fee for each booking period in good time in order to be allowed to participate. If capacity is limited, students are given priority to participate.
• If there is free capacity, family members of university members and external persons can take advantage of the DHSZ offer. They must be of legal age, online booking must be possible and the relevant fee must have been paid on time.
• The status stated on the registration form (affiliation to TUD or the affiliated universities) must be proven. Proven status does not constitute a right to participate in a particular sports program.
• Participation in sports trips requires the age of majority.

§ 3 General conditions of participation

• The services of the DHSZ canbe viewed on the DHSZ homepage(https://tu-dresden.de/dhsz). All courses and other offers can be booked online via this website. Further information can be obtained from the DHSZ office hours, by telephone and/or e-mail.
• All DHSZ offers are subject to registration and a fee. The number of participants is usually limited. The amount of the fee is determined by membership of the respective status group.

§ 4 Booking of courses, participation ticket

• Each participant is obliged to provide proof of eligibility to participate and assignment to a specific status group, which was specified when booking the sports offer. If proof is not provided, the classification into the status group "Guests/External" will be made retrospectively. The difference must be paid subsequently. Subsequent proof of membership of another group with a lower fee will not result in a refund of the difference.
• Registration takes place exclusively online via the DHSZ homepage. The required personal data must be entered when registering. By submitting the registration, an offer to conclude a contract is made. At the same time, by sending the registration, the general terms and conditions are accepted and the general and sport-specific instructions are acknowledged.
• If the desired course can still be booked (indicated by the "book" button), a booking confirmation will be displayed as a self-printout immediately after booking and also sent as an e-mail.
• By confirming the booking, the DHSZ accepts the offer to conclude a contract on condition that the course fee is paid on time.
• The booking confirmation contains
  a) a link to the participation ticket
  b) the bank transfer details for the cost contribution and
  c) special information about the booked course (course start, location, etc.).
• Once payment has been received on time (condition), the participant will receive confirmation by e-mail.
• The participation ticket must be brought to each course date as proof of course membership and presented on request. It is personal and course-related and non-transferable. It is only valid in conjunction with the student ID (for students) or with a photo ID (for non-students). The barcode on the participation tickets serves as access authorization in the sports facilities (e.g. in the Nöthnitzer Straße sports hall). In the case of applicable insurance cover (§ 10), it also serves as proof of insurance cover.

§ 5 Course fee, terms of payment

• Participation in the DHSZ's sports programs is generally subject to a fee. The course fees are calculated to cover costs on the basis of the course, group size, duration of the event, personnel and material costs, etc. The course fees are payable upon registration. The course fees are generally due upon registration. If payment is made on time, the participant shall be deemed to be bindingly enrolled.
• The amount of the course fee depends on the status group to which the participant belongs.
• Irrespective of the time of online booking, the fee remains the same throughout the semester. This applies even if the booking is made shortly before the end of the course.
• Payment is made by active bank transfer. The transfer must be made immediately after receipt of the booking confirmation. When changing to a higher fee category, the difference between the fee already paid and the new (higher) fee must be paid immediately upon receipt of the (re)booking confirmation.
• In individual cases, the DHSZ is entitled to correct the stated course fees if they have been recorded incorrectly.

§ 6 Cancellation by participants, rebooking

• Participants are entitled to cancel booked courses at any time without giving reasons. Cancellation must be received by the DHSZ at least 48 hours before the start of the course. In the case of compact courses, notice of termination must be received by the DHSZ at least one week before the start of the course.
• In the event of termination due to illness or injury resulting in incapacity for sport, appropriate proof (e.g. exemption from sport, medical certificate) must be submitted.
• Cancellation must be made in text form, either via the link in the booking confirmation received by e-mail (§ 4 para. 2 sentence 2), by e-mail to the:the person responsible for the sport or to dhsz@tu-dresden.de or by post to Dresden University of Technology, Dresden University Sports Center, Helmholzstraße 10, 01069 Dresden.
• A rebooking, i.e. a change from an already booked course to another course, constitutes the termination of the previous course and at the same time an offer to conclude a new contractual relationship. The DHSZ is not obliged to accept the new offer. If the desired course is available, a booking confirmation for participation in the rebooked course will be sent by e-mail.

§ 7 Cancellation by the DHSZ

• The DHSZ is entitled to terminate the contract if
  a) the cost contribution is not paid or not paid on time (§ 5 Para. 4),
  b) the participant is absent from two consecutive course dates without excuse,
  c) in the event of attempted fraud in accordance with § 8,
  d) in the event of failure to provide proof of membership of the specified status group (or only a pay increase) and/or
  e) in the event of disruptions in the contractual relationship, e.g. disregard of instructions from the course instructor, etc.
• If there are too few registrations for an advertised course, the DHSZ reserves the right to withdraw this course from the program altogether. In this case, participants have the right to rebook or alternatively to request a refund of the cost contribution they have paid (for refund form see § 9 para. 5).
• If it is not possible to hold the course due to official or legal orders, the DHSZ is released from its obligation to perform. The participant is not entitled to any claims for damages in this case. In this case, however, the DHSZ reserves the right to conduct or continue offered and booked face-to-face courses as online courses. The DHSZ will inform the participant immediately if the classroom course is changed to an online course. In this case, the participant is entitled to terminate the contract within two weeks of being informed. The participant loses his/her right of termination upon first participation in the online course.

§ 8 Control, attempted fraud

• All course instructors, designated inspectors and employees of the DHSZ are entitled to inspect the participation ticket with a student ID/photo ID and proof of payment of the cost contribution (e-mail). Upon request, the aforementioned documents must be presented for inspection.
• The DHSZ is entitled to terminate the contractual relationship and exclude students from university sports in the following cases
  a) misuse of the personalized participation ticket
  b) Participation in DHSZ sports without payment
  c) unauthorized use of another person's password during registration
  d) deliberate manipulation of the registration process
  e) failure to comply with the instructions of sports instructors, course instructors, inspectors or staff in the sports facilities
  f) non-compliance with the sports facility regulations, the general instructions for participants in university sports or the sport-specific participation rules or
  g) suspicion of a violation of applicable law, in particular theft, assault or sexual harassment against other participants, management and/or organizational staff.

§ 9 Refunds

• Participants can apply for a refund of the course fee using the appropriate form. The application will be reviewed on a case-by-case basis. Priority shall be given to a rebooking.
• A processing fee of EUR 10.00 will be charged for the examination of the refund request. This will be deducted and retained from refund amounts. Depending on the date of termination, only a pro rata refund may be possible.
• In the following cases, no refund of the cost contribution can be demanded:
  a) Cancellation by the:participant received by the DHSZ after the start of the course, except in the case of illness or accident,
  b) termination by the DHSZ due to non-payment or late payment
  c) termination by the DHSZ due to two unexcused absences or
  d) termination by the DHSZ due to attempted fraud, exclusion from the course.
• In the following cases, a refund of the course fee may be demanded in accordance with § 9 (5) and (6):
  a) Cancellation of the course by the DHSZ, e.g. due to insufficient enrollment numbers
  b) Cancellation by the participant, which is received by the DHSZ at least 48 hours before the start of the course - in the case of normal, weekly courses,
  c) Cancellation by the participant due to illness and/or an accident, if this event occurs during the first half of the course dates and if proof of this can be presented (medical certificate, confirmation of hospitalization, etc.) and the application for reimbursement of costs in accordance with § 9 para. 5 is received by the DHSZ before the end of half of the course period. In the event of termination in due form and time, the cost contribution will be reimbursed on a pro rata basis in accordance with the course dates that can no longer be attended,
  d) DHSZ is no longer obliged to provide services if the course is not held or continued as an online course. Only a pro rata refund corresponding to the duration of the course will be made if the course is discontinued after the start of the course or if the participant terminates the contract after the start of the course due to a change from a face-to-face course to an online course.
• To apply for a refund, the form Refund of the cost contribution for sport must be used. The application must be completed in full, submitted within 2 months of the cancellation or termination and can be sent by email to dhsz@tu-dresden.de, handed in at the DHSZ or sent to the postal address stated under § 18. Note: The form can be digitally signed (open in Acrobat Reader). The application must be accompanied by proof of payment of the course fee or additional documents such as a medical certificate or similar.
• In the event of a rebooking from a higher to a lower fee category, the new contract is concluded with the proviso that the higher fee is owed for the new course. There will therefore be no refund.

§ 10 Insurance cover

• In the event of a sports accident, students are legally insured against accidents under certain conditions. These conditions are fulfilled
  a) if the students are properly enrolled and the event is carried out within the organizational area of responsibility of TU Dresden,
  b) the sporting activity takes place within the framework of a sports program advertised and
  c) takes place as part of a sports program offered by the DHSZ and proof of a valid course booking for the current semester can be provided.
• The statutory accident insurance cover includes commuting accidents - in accordance with the applicable regulations (Unfallkasse Sachsen).
• The statutory accident insurance cover also applies to further training, courses, competitions etc. that are organized by the DHSZ or to which the DHSZ sends employees.
• For employees, a sports accident can be regarded as an accident at work and statutory accident insurance cover can be provided by Unfallkasse Sachsen if the criteria for sporting activity as part of a company sport are met. These are fulfilled if the sporting activity
  a) offers compensation for work-related physical and mental stress,
  b) is oriented towards mass sports (no pure participation in competitions) and
  c) is limited to employees and is company-related.
  The examination of the existence of this is only carried out by Unfallkasse Sachsen on a case-by-case basis.
• The following are not insured
  a) Events for which the DHSZ provides sports facilities for use against payment, but does not organize or carry them out itself,
  b) Dresden universities affiliated with the DHSZ and civil servants employed by Dresden Concept; for them, sports accidents in the context of university sports are not deemed to be occupational accidents,
  c) all external participants and
  d) courses outside the designated sports facility/the designated course location.
• Participants are recommended to take out private accident and liability insurance.
• The conclusion of liability insurance for instructors bound by a teaching contract is regulated by the DHSZ for their activities.

§ 11 Accident and/or damage report

• A sports accident or an accident in connection with the way to or from the sports event must be reported immediately to the course instructor, the person responsible for the sport or the administration of the DHSZ, Chemnitzer Straße 48a, Tel. 463 33778 as well as the enrolling university.
• Irrespective of the immediate notification, the accident must be reported in writing. Students of the universities listed under § 2 para. 1 must fill out the appropriate accident report form for children in day care facilities, pupils and students ; employees must fill out the appropriate accident report form. Accident reports can also be sent by email to the DHSZ administration(dhsz@tu-dresden.de) for initial information, but must be submitted subsequently in the original.

§ 12 Liability

• Participation in the DHSZ sports program is voluntary and is at the participant's own risk.
• The DHSZ is liable without limitation for injury to life, body or health and for the intentional or grossly negligent breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the participants regularly rely and may also rely (cardinal obligations), but limited to the damage reasonably to be expected at the time of the conclusion of the contract.
  The same applies to legal representatives or vicarious agents.
• Any further liability for damages and reimbursement of expenses by the DHSZ, the TUD Dresden University of Technology, the Free State of Saxony, the cooperating universities, their members or against instructors is excluded.
• The DHSZ is not liable for damages arising from third-party events. This applies in particular to events organized by associations and groups that have merely rented the premises of the DHSZ.
• Participants are liable for all damage caused to the DHSZ through intent or gross negligence. In the event of slight negligence, participants shall only be liable for typically foreseeable damage. Participants are liable for borrowed sports equipment to the full extent of the replacement value. Participants are recommended to take out private accident and liability insurance in order to be covered against any liability claims arising from personal injury or property damage by third parties.
• The DHSZ accepts no liability for damage to items brought into the sports facilities used by the DHSZ or for the theft of private items. Participants are requested not to take any valuables into the sports facilities.
• Participants who are not members of a university listed under § 2 para. 1 are not insured. By participating, you waive the right to assert claims for damages against the Free State of Saxony, against the universities named under § 2 para. 1 and against the persons commissioned in connection with the exercise of sport. The waiver does not apply in the case of intent or gross negligence.

§ 13 Instruction

• The general instructions for university sports participants and the sport-specific instructions are published on the DHSZ homepage (under Info/Instructions). By booking, you acknowledge these and undertake to comply with them.
• The hygiene regulations of the individual sports facilities and their special regulations must be observed.

§ 14 Data protection

• All personal data processed by the DHSZ is subject to the rules of data protection. The online booking of the DHSZ is based on the principles of the General Data Protection Regulation (GDPR) and, in addition, the Saxon Data Protection Act (SächsDSG).
• Anyone who decides to participate in DHSZ sports must register online with their personal data (surname, first name, address, status, matriculation number for students, e-mail address, date of birth, gender, optional telephone number). All personal data collected in this context is processed on the basis of Art. 6 para. 1 lit. b GDPR and thus exclusively for the purpose of contract fulfillment at the DHSZ. By booking a course via our booking system, you also consent to the corresponding data processing of your personal data in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time by sending an email to dhsz@tu-dresden.de or informationssicherheit@tu-dresden.de, Art. 7 GDPR.
• We assure you that we have taken all technical and organizational measures to effectively comply with these provisions. Compliance with this law is subject to review by the Data Protection Officer of TU Dresden.
• The DHSZ is informed about the payment and booking of cost contributions by the main cash office of the Free State of Saxony via secure data transmission (not online). Otherwise, no data is transferred to third parties unless this is necessary for the provision of the service.
• The DHSZ occasionally uses its sports courses to take photos of participants during sports in order to publish them on the homepage, on Instagram, in the newsletter and on print products to promote the sports program. By booking a sports course via the booking system, you consent to the production and publication of such photos. You can revoke this consent at any time by sending an email to dhsz@tu-dresden.de.
• If you have any further questions regarding data protection, please contact Karola Hartmann or the Data Protection Officer of TU Dresden.

§ 15 Changes to the GTC

The DHSZ reserves the right to adapt these GTC to changed framework conditions, insofar as this is legally permissible. In the event of a change, the DHSZ will point this out.

§ 16 Severability clause

If individual provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions of the GTC.

§ 17 Applicable law

The law of the Federal Republic of Germany shall apply.

§ 18 Contact

If you have any questions regarding the sports program, booking, etc., please contact the DHSZ.

Dresden University Sports Center - DHSZ
Visiting address:
Falkenbrunnen (FAL), Chemnitzer Str. 48a, 01187 Dresden
Office hours on site: Tuesday 13.30 - 14.30
Telephone number: +49 (0) 351 463 - 33778
E-Mail: dhsz@tu-dresden.de

Postal address:
TUD Dresden University of Technology
Dresden University Sports Center
Helmholzstraße 10
01069 Dresden

Special regulations "Sport-to-go"

• Booking: The respective module can be booked by contacting the named contact person for the respective module by arrangement.
• Module fee and additional costs: The costs are to be paid according to the booked module by bank transfer in accordance with the provisions in the booking email.
  Additional deposit and reservation costs may be incurred.
• Cancellation: Modules that require supervision can only be canceled up to 14 days in advance. In the event of later cancellation, the costs must still be paid.