Terms and conditions (T&Cs)

Note on language version: Only the German version of this page is authoritative and legally binding. Versions in other languages are machine-generated translations and serve solely to improve comprehension. In the event of discrepancies or questions of interpretation, the German text shall prevail.

I: General Terms and Conditions of the toernfinder.de portal

II: Information on Dispute Resolution Procedure

III: Right of withdrawal

Operator and contracting party

Marcel Habeck

Törnfinder

Schaphusenweg 10

59494 Soest

Telephone: +49 / (0)2921 / 344 378

E-mail: info@toernfinder.de

USt.-ID: DE336058909

I: General Terms and Conditions of the toernfinder.de portal

As of 05/2026

§ 1 Scope of application and definitions

(1) These General Terms and Conditions govern the relationship between the provider of the portal operated at www.toernfinder.de (hereinafter: „Portal“), Mr Marcel Habeck (hereinafter: „Operator“), and the users registered on the portal. They apply to:

a) the registration and use of the user account;

b) the creation and publication of listings by advertisers on the basis of a listing subscription, including the display of the advertiser on the provider overview page and on their own provider page;

c) the creation and publication of adverts by advertising partners on the basis of an advert subscription, including the display of the advertising partner on the partner overview page and on their own partner page;

d) the submission and publication of trip reports by authors.

(2) The general use of the portal by other users, in particular the searching for offers and the contacting of providers as well as the submission of reviews, is not covered by these Terms; this is governed by the separately applicable Terms of Use. Also not covered by these Terms are the contracts concluded directly between the customer and the users of the portal (e.g. regarding participation in a sailing trip).

(3) For the purposes of these Terms:

  • User: any person who uses the Portal.
  • Customer: a user who makes use of the operator's paid services, i.e. an advertiser or an advertising partner.
  • Advertiser (also „Provider“): a customer who creates and publishes listings for sailing trips, courses and/or seminars on the portal and is displayed on the provider overview page and with their own provider page.
  • Advertising partner: a customer who creates and publishes adverts on the portal and is displayed on the partner overview page as well as with their own partner page.
  • Author: a registered user who submits and publishes a trip report.
  • Listing: an offer created by the advertiser for a sailing trip, a course or a seminar.
  • Advert: a promotional display placed by the advertising partner that is published on the portal.
  • Listing subscription: the paid subscription that entitles the holder to publish listings as well as to be listed on the provider overview page and to have their own provider page.
  • Advert subscription: the paid subscription that entitles the holder to publish adverts as well as to be listed on the partner overview page and to have their own partner page.
  • Trip report: an experience report that can be submitted and published free of charge after registration, independently of any subscription.

(4) Customers and authors may be either consumers or traders. A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A trader within the meaning of § 14 BGB is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

(5) By registering, the user already agrees to the validity of these terms; when booking a subscription, this consent is obtained again. Registration is also possible without taking out a subscription; a subscription is only required for the publication of listings or adverts. The inclusion of the customer's own terms is objected to, unless the parties have expressly agreed otherwise.

(6) The operator may amend these terms subject to four weeks' notice. The amendment will be announced to the user in text form. If the user does not object to the amendment within four weeks of receipt of the announcement, the amendment shall be deemed approved; the user will be separately notified of this in the announcement. The user's right of termination remains unaffected.

(7) In relation to consumers the deemed consent under paragraph 6 does not apply to changes to fees or to essential performance obligations (principal obligations); such changes require the express consent of consumers. If a consumer does not agree to an announced fee change, the contract will continue under the previous terms. The operator's ordinary right of termination under § 12(2) remains unaffected.

§ 2 Services and obligations of the operator

(1) During the contract term, the operator provides the portal at the URL www.toernfinder.de. No specific, uninterrupted availability of the portal is owed; in particular, temporary restrictions or interruptions may occur due to maintenance work, further development or technical reasons (e.g. faults or force majeure). The operator endeavours, where possible, to schedule foreseeable maintenance work during periods of low usage.

(2) Advertisers are able to create listings for sailing trips, courses and seminars and to publish them on the basis of a valid listing subscription. Advertisers with an active listing subscription and at least one published listing are listed on the providers overview page and receive their own provider page. The provider page displays the advertiser's listings as well as the reviews submitted about them; the advertiser can introduce themselves briefly there and provide a legal notice and a privacy policy. An advertiser may publish several listings; however, each advertiser has only one provider page, on which all of that advertiser's listings are displayed.

(3) Advertising partners are able to publish adverts on the basis of a valid advert subscription. Advertising partners with an active advert subscription and at least one published advert are listed on the partner overview page and receive their own partner page, where they can introduce themselves. An advertising partner may publish several chargeable adverts; however, each advertising partner has only one partner page, to which all of that advertising partner's adverts refer.

(4) The publication of listings requires a valid listing subscription; the publication of adverts requires a valid advert subscription. Without a corresponding valid subscription, publication is not possible. Creating and editing listings or adverts is already possible after registration and without a subscription.

(5) The services included in the respective subscription and the prices are set out in the service and price details provided on the portal at the time of booking (in particular on the respective price pages of the portal). No specific outcome is owed, in particular not the conclusion of a service contract, a works contract or any other contract between the customer and third parties.

(6) The operator is not liable for the content of contracts and their fulfilment between the customer and the users of the portal.

(7) The operator is entitled to use newer or different technologies, systems, procedures or standards for the provision of the services, if this appears necessary to prevent misuse, or if the operator is obliged to do so under statutory provisions.

(8) The operator is not obliged to check the content provided by the customer or linked websites for possible infringements of the law. Any such check is carried out voluntarily and does not give rise to any corresponding obligation.

(9) Services which the operator provides voluntarily and free of charge and which are expressly not part of the agreed services may be discontinued by the operator at any time, taking into account the legitimate interests of the users affected.

(10) The rights and obligations arising from the contractual relationship may be transferred by the operator to third parties who take the operator's place in the contract. The customer has a special right of termination at the time of the contract transfer. The operator must inform the customer of this in good time before the transfer of the rights and obligations.

§ 3 Registration, conclusion of contract and subscriptions

(1) The presentation of the services on the portal does not constitute a binding offer by the operator, but rather an invitation to the customer to submit a contractual offer. By booking a subscription, the customer submits a binding contractual offer.

(2) The Registration process takes place via the respective registration form. The user enters their personal data and specifies whether they are acting commercially or privately. Before submitting the registration, the user must consent to the validity of these General Terms and Conditions and confirm that they have taken note of the Privacy Policy and the Withdrawal Instructions. Registration alone enables the creation, but not the publication, of listings or adverts.

(3) For publication a subscription must be booked (listing subscription or advert subscription). The customer can book the subscription in their customer account after registering. After selecting the subscription, the customer is taken to the booking overview. Before submitting the booking with binding effect, the customer can identify any input errors and correct them using the input fields of the booking form and the correction and back functions of their browser. By clicking the 'BUY NOW' button, the customer submits their binding contractual offer; beforehand, they must again consent to the applicability of these terms and confirm that they have taken note of the privacy policy and the withdrawal instructions.

(4) The operator's acceptance of the contractual offer takes place by means of a confirmation in text form (e.g. by e-mail). This confirmation may be issued automatically. The contract is concluded upon receipt of the confirmation. The operator's right to dissolve the contract pursuant to § 4 (reservation of review) remains unaffected by this.

(5) After conclusion of the contract, the customer may publish their created listings or adverts themselves. Publication is triggered by the customer.

(6) There is no legal entitlement to the conclusion of a contract with the operator. The operator's unrestricted right to refuse access to the portal (Hausrecht) applies.

(7) Booking processing and correspondence take place by e-mail. The customer shall ensure that the e-mail address provided by them is correct and that messages from the operator can be received (e.g. also despite spam filters).

§ 4 Reservation of review / right of the operator to dissolve the contract

(1) Since the confirmation of a subscription may take place automatically, the operator is entitled, within 48 hours of conclusion of the contract to terminate the subscription following a review of the content of the customer account and/or of the listings or adverts submitted, without giving reasons (reservation of review).

(2) If the operator makes use of this right, the subscription ends upon receipt of the notice of termination in text form. Fees already paid will be refunded in full; an invoice not yet settled shall lapse or be cancelled. Upon the termination taking effect, all listings or adverts published on the basis of the affected subscription will be automatically deactivated. The customer has no further claims.

(3) The right of both parties to give ordinary notice of termination (§ 12) and to give extraordinary termination for good cause (§ 12(6)) remains unaffected.

§ 5 Prices, highlighting and pinning

(1) The prices stated by the operator include all price components, including the applicable statutory German value added tax. Value added tax is shown separately insofar as this is required under tax law.

(2) The publication of listings for sailing trips, courses and seminars, as well as the listing on the provider overview page and the provider's own provider page, are included in the listing subscription at the respective subscription price. The publication of adverts, as well as the listing on the partners overview page and the partner's own partner page, are included in the advert subscription at the respective subscription price.

(3) The operator offers additional services subject to a charge. These include in particular:

  • the paid highlighting of listings,
  • the paid pinning of adverts in a highlighted position on pages of the portal.

The type, scope, duration and price of these additional services result from the details stated on the portal at the time of booking.

§ 6 Payment terms

(1) Payment is made exclusively by bank transfer upon receipt of the invoice. No other payment methods are offered.

(2) Billing is carried out in advance for the agreed contract term (annual invoice). The invoice amount is to be transferred without deduction to the account stated in the invoice within 7 days of the invoice date .

(3) If a consumer's subscription is extended for an indefinite period after expiry of the minimum contract term (§ 12(2)), the fee will continue to be charged annually in advance. If the consumer terminates the subscription extended for an indefinite period with a notice period of one month, the operator will refund the fee already paid in advance for the period after the termination takes effect on a pro rata temporis basis.

(4) If the customer is in default of payment, the operator is entitled to deactivate the listings or adverts published on the basis of the affected subscription until the outstanding amounts have been settled. If the customer fails to settle the outstanding amounts despite a reminder with a reasonable deadline, the operator is entitled to terminate the affected subscription extraordinarily for good cause (§ 12(6)) and to end the business relationship; upon the termination taking effect, the listings or adverts published on the basis of the subscription will be deactivated. The statutory provisions on default as well as any payment claims of the operator remain unaffected.

§ 7 Obligations of the customer

(1) The advertiser undertakes to publish only listings for sailing trips, courses and seminars. The advertising partner undertakes to publish only advertisements relevant to the subject matter.

(2) The customer is solely responsible for the content posted by them. This includes, in particular, all texts, service descriptions, price information, photographs, videos, graphics, links and signatures. The customer warrants that this content is correct, up to date and legally compliant and does not violate applicable law – in particular not copyright, trademark, personality rights or competition law – nor good morals. In particular, content that constitutes a criminal offence or a regulatory offence, or that is insulting, racist, discriminatory, harmful to minors or pornographic, is prohibited.

(3) The customer undertakes to assign their listings and adverts to the appropriate categories and to provide correct and consistent information (in particular regarding prices, services and dates).

(4) Links in listings as well as on the provider's or partner's page are only permitted under the following conditions: The linked website or social media profile must belong to the advertiser or advertising partner and must offer reputable, legally permissible content. Links to gambling, erotic, spam, suspected fraud or other content not relevant to the subject matter are not permitted. The operator reserves the right to refuse or remove links without giving reasons.

(5) The operator expressly points out that commercial customers must observe the statutory information obligations (e.g. legal notice details, price information, mandatory information) and are solely responsible for compliance therewith. Insofar as the operator provides the advertiser with the option of depositing a legal notice (Impressum) and a privacy policy on their provider page, the advertiser remains solely responsible for the content and completeness thereof.

Note: A breach by the customer of copyright, trademark or competition law may result in the operator being held liable by third parties directly or alongside the customer. Depending on the individual case, this may result in the operator having statutory claims for compensation against the customer.

§ 8 Rights of the operator / Deactivation and removal of content

(1) If the operator establishes, either itself or on the basis of complaints from third parties, that the customer is in breach of its obligations under § 7, the operator will request the customer in text form to comply with the contract. If the customer subsequently fails to comply with its obligations, the operator is entitled to restrict the affected content or to terminate the entire contract extraordinarily for good cause.

(2) The operator is entitled to deactivate listings if they are incorrectly categorised, contain inaccurate or contradictory information – in particular regarding prices – or otherwise breach § 7. The operator will inform the customer of the deactivation and, insofar as reasonable and legally permissible, give them the opportunity to make a correction.

(3) The operator is entitled to deactivate or delete adverts if they contain misleading information, are assigned to incorrect categories or otherwise breach § 7.

(4) In the case of unlawful content, in the event of imminent danger or of impending legal disadvantages for the operator, the operator is entitled to deactivate or remove the affected content without prior notice. The legitimate interests of the customer will be appropriately taken into account in this process.

(5) If the customer is in default of payment, § 6 para. 4 shall apply.

§ 9 Reviews

(1) The operator may enable users of the portal to review advertisers. Reviews are displayed in particular on the respective provider page. Reviews reflect exclusively the personal opinion of the respective user and do not constitute a statement by the operator itself.

(2) Reviews should be based on actual experiences. > In particular, untrue factual claims, abusive criticism (Schmähkritik), insults, as well as reviews that are bought, fake or influenced by improper incentives are not permitted.. The operator takes reasonable and proportionate measures to ensure, insofar as this is possible and reasonable for it, that published reviews originate from users who have actually made use of the service being reviewed.

(3) The operator is not obliged to review the content of reviews prior to publication. The operator is entitled to remove reviews that violate paragraph 2 or applicable law.

(4) The advertiser being reviewed may report to the operator a review which, in its view, infringes the law. The operator will examine reported reviews within a reasonable period and remove them in the event of a justified complaint.

§ 10 Trip reports

(1) Registered users may independently create, post and publish trip reports following their registration. A subscription is not required for this; the publication of trip reports is free of charge.

(2) The author may choose whether to publish the full trip report on the portal or merely post a short description with a link to their own website.

(3) Every trip report must contain at least one image. The author warrants that they hold the necessary rights of use to the images uploaded by them as well as to the other content posted, and that publishing them does not infringe any third-party rights.

(4) The obligations under § 7(2) and (4) apply correspondingly to the content of trip reports. If the author posts a short description with a link to their own website or their own social media profile, the linked website or social media profile must be attributable to them and must satisfy the requirements of § 7(4); in particular, it must not contain any unlawful or harmful content. The author is solely responsible for the content posted by them as well as for the content of the linked website.

(5) There is no entitlement to permanent publication or permanent availability of a trip report. The operator is entitled to deactivate or remove individual trip reports – in particular in the event of a violation within the meaning of § 8 – with due regard to the legitimate interests of the author; the operator's right to discontinue the free-of-charge trip reports function under § 2(9) in its entirety remains unaffected.

(6) The author grants the operator the rights of use under § 11 to the content posted.

§ 11 Rights of use

(1) By publishing the content, the customer or author grants the operator a worldwide, non-exclusive and free-of-charge licence to use, disseminate, reproduce, distribute and make the content publicly available in connection with the portal, for the duration of the publication. This right also includes the promotion of the portal and of the customer's content by the operator, irrespective of media format and distribution channel.

(2) The advertiser furthermore grants the operator the right to link its listings on social media platforms, to reproduce the listing texts there, and to use the photos contained in the listingss for advertising purposes – including in time-limited formats („Storys“) – on social media platforms. The advertiser warrants that it holds the necessary rights to the texts and photos provided by it.

§ 12 Term, termination and deletion of the account

(1) Unless otherwise agreed, subscriptions are concluded for a minimum contract term selected by the customer and offered by the operator.

(2) In relation to consumers the subscription is extended for an indefinite period after the minimum contract term has expired. Both the consumer and the operator may terminate the subscription extended for an indefinite period at any time, giving one month's notice. The fee will also be charged annually in advance for the extended period; in the event of termination, a pro rata refund will be made pursuant to § 6(3).

(3) In relation to traders the subscription is automatically extended each time by the agreed minimum contract term if it is not terminated by the end of the respective term.

(4) The free registration is closed for an indefinite period. It enables the creation and editing of listings or adverts as well as the posting of trip reports. During the term of a subscription, the registration cannot be terminated separately; outside the term of a subscription, the user may end the registration and thus the use of the account area at any time.

(5) The operator is entitled to completely delete an account that has been inactive for more than one year and for which no valid subscription exists. Prior notice is not required; however, the operator may inform the user in advance at the most recently provided e-mail address. The user must carry out any necessary data backups in good time themselves.

(6) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the operator in particular if the customer culpably breaches a material contractual obligation and fails to remedy this within a reasonable period despite a formal warning letter (Abmahnung), or if the customer fails to settle material parts of the remuneration claims due.

(7) Terminations may in particular be declared at any time up to the end of the respective contract term with a single click via the termination button in the member area; otherwise, text form is sufficient. The receipt of the termination notice is decisive for compliance with the notice period.

(8) With the end of a subscription, the listings or advertisements published on its basis are ended and deactivated. If the registration continues to exist, the customer can still view and edit the content and publish it again via a new subscription. If the registration is ended or the account deleted, the customer no longer has access to the content; the customer must carry out any necessary data backups in good time themselves.

(9) The operator's right of cancellation under § 4 (48-hour review reservation) remains unaffected.

§ 13 Contract language and storage of contract

(1) The contract language is German.

(2) The contract text is not permanently stored by the operator after conclusion of the contract. The customer must therefore arrange for any further permanent storage themselves (e.g. by saving or printing).

§ 14 Liability for defects and liability

(1) The statutory provisions apply with regard to liability for defects.

(2) The operator is liable in accordance with the statutory provisions insofar as the customer asserts claims based on intent or gross negligence – including intent or gross negligence on the part of its representatives or vicarious agents.

(3) In all other respects, the operator is only liable under the German Product Liability Act (Produkthaftungsgesetz), for injury to life, limb or health, or for the culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are those whose fulfilment is essential for the proper performance of the contract in the first place and on whose observance the customer may regularly rely.

(4) The claim for damages for the breach of material contractual obligations is limited to the foreseeable damage typical for this type of contract, unless a case of mandatory liability under paragraph 2 or paragraph 3 exists at the same time.

(5) The above provisions do not entail any change in the burden of proof to the disadvantage of the customer.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies.

(2) The choice of law pursuant to paragraph 1 shall apply to consumers within the meaning of § 1 para. 4 only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(3) The provisions on the UN Convention on Contracts for the International Sale of Goods do not apply.

(4) Exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered seat of the operator, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. In relation to consumers, the statutory provisions on the place of jurisdiction shall apply.

(5) Should individual provisions of these terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

(6) Only the German version of this page is authoritative and legally binding. Versions in other languages are machine-generated translations and serve solely to improve comprehension. In the event of discrepancies or questions of interpretation, the German text shall prevail.

II: Information on Dispute Resolution Procedure

We are neither willing nor obliged to participate in a dispute resolution procedure pursuant to the Verbraucherstreitbeilegungsgesetz (VSBG).

III: Right of withdrawal

As a consumer, you have a statutory right of withdrawal. A consumer is, pursuant to § 13 BGB, any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us

Marcel Habeck

Törnfinder

Schaphusenweg 10

59494 Soest

Telephone: +49 / (0)2921 / 344 378

E-mail: info@toernfinder.de

by means of an unequivocal statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, although it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notice concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided until the point in time at which you notify us of the exercise of the right of withdrawal in relation to this contract, compared with the full scope of services provided for in the contract.

Early expiry of the right of withdrawal

The right of withdrawal expires, in the case of a contract for the provision of services, if we have fully performed the service and only began performing the service after you had given your express consent and, at the same time, confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.

Model withdrawal form

(If you want to withdraw from the contract, please fill in this form and send it back to us.)

To:

Marcel Habeck

Törnfinder

Schaphusenweg 10

59494 Soest

E-mail: info@toernfinder.de

I/We (*) hereby give notice that I/we (*) withdraw from the contract concluded by me/us (*)  for the purchase of the following goods (*)  / the provision of the following service (*) 

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.