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Supplement to the Statutory Provisions
1. Introduction, General Information
- The user of these general terms and conditions (GTCs) and invoice issuer is the company S.A.M. GmbH & Co KG, the personally liable partner of Sportventure GmbH. S.A.M. GmbH & Co KG is referred to in the following as the user or even as “we” or “us”.
- The services we offer (usually tickets to sporting events, artistic and/or entertaining events as well as reservations and the associated food & drink vouchers for the Munich Oktoberfest) are not purchased directly from event organizers or tent operators. The purchases are generally made through third parties.
- Even if the individual services (such as hotel stays and tickets) seem to be a single unified offer on the final invoice, it nevertheless refers to individual services from the respective commissioned companies. The customer therefore has the right to demand a detailed listing of the individual services both when making the order and when receiving the invoice. As a result, none of the services offered represent a package deal in the sense of Sec. 651 a of the BGB.
2. Area of Application
- These GTCs apply to all services offered by our company in connection with the distribution of tickets and reservations for the Oktoberfest in Munich.
- When finalizing a contract in electronic or written form or via telephone, these GTCs are to be considered an integral part of the contract.
- These GTCs apply exclusively; customer terms and conditions are expressly excluded.
- Please note, however, that the GTCs of the organizer and beer tent operators also apply in addition to our own. We assume no liability for non-compliance with these GTCs on the side of the customer. This is especially true for cases where the tent operator/event host voids the tickets/passes or cancels the reservation of the customer due to their own fault (e.g. showing up too late for a reservation). The starting times for the booked reservation(s) can vary depending on the beer tent (mid-day: 10:00 am to 1:00 pm; afternoon: 2:30 pm to 3:30 pm; evening: 3:00 pm to 7:00 pm). Customers receive the official time only upon receipt of the official reservation documentation. The official reservation times must be heeded. Otherwise, the tent operators can choose to make the table available for other guests. In other words, the start times on our invoices should not be viewed as binding – they are approximate. Show up on time for the official time listed on the reservation documents.
3. Conclusion of Contract
- With the booking, you are offering us a binding conclusion of contract for the services offered. Booking is performed via the internet using the website form, via email or telephone. The customer who books the reservation is responsible for compliance with the contractual obligations. The booking customer is likewise responsible for the compliance of all those he/she has made reservations for.
- The contract is concluded when it has been confirmed by us via email or telephone. The details of the services ordered are also listed in the invoice sent to you in connection with the concluded contract.
4. Prices, Invoicing, Payment, Delivery
- All quoted prices include all costs (e.g. booking fees, brokerage fees, etc.). The value-added tax is shown separately. Not included are the shipping costs, which are shown separately. Our prices for sporting events or Oktoberfest can differ considerably from the printed original prices on the tickets since our prices can contain the profit margins of several brokers.
- We are entitled to make the services to be rendered dependent on the advance payment of the invoice. Thus, the provision of tickets/passes, vouchers, etc. is subject to the advance payment of the invoice amount. Should the provision of tickets/passes, vouchers, etc. occur before the complete payment of the invoice amount, these remain our property until complete payment has been made. Unless otherwise agreed, payment must be made within five days of receiving the invoice.
- The delivery of the tickets/passes as well as the reservations (incl. vouchers) generally occurs seven days before the booked event date, but not before the complete payment of the invoice. In exceptional cases, the provision of the tickets/passes/vouchers can occur 30 minutes before the start of the event. Exceptional cases are not only bookings that are made immediately prior to the start of the event, but also cases where we receive the tickets/passes/vouchers very late.
5. Scope of Services, Breach of Contract
- The scope of services is derived exclusively from the service descriptions on the website in connection with the confirmation sent to the customer.
- As mentioned above (Sec. 1 para. 1 of these GTCs), the tickets/passes and reservations are not purchased directly from the organizers but rather via third parties. However, since some organizers and tent operators sometimes try to hinder the resale of such tickets/passes and reservations, the cooperation of the customer is essential for orderly processing – in particular that the customer not actively contact the organizer/tent operator. With the receipt of the tickets/passes, reservations and vouchers, the customer will receive an informational sheet that contains some simple but mandatory instructions. Failure to follow these instructions may result in your (and your party’s) access to the event being denied by the event organizer/tent operator. In this case, there is no right of recourse against us.
6. Right to Revocation and Return
- Contracts for the provision of services related to leisure activities are not subject to the statutory right to revocation when the contract refers to the provision of a service for a specific date or period (312 g para. 2 sentence 1 no. 9 BGB, so also the judgment of the AG Munch from Dec. 2, 2005, AZ C 26144/05).
- Jede Bestellung von Eintrittskarten, Gutscheinen in Verbindung mit Eintrittsberechtigungenfür das Oktoberfest sowie für Sportveranstaltungen oder sonstige Veranstaltungen ist somit für den Kunden bindend und verpflichtet nach Zustandekommen des Vertrages (Ziffer 2 dieser AGBs) den Kunden zur Abnahme und Bezahlung der bestellten Leistungen.
7. Limitations of Liability
- We are subject to unlimited liability under the Product Liability Act (where applicable) for damages caused deliberately or through grave negligence, fraudulent concealment of defects as well as for damages resulting in the injury of life, body or health. Liability for damages resulting from the violation of a guarantee is also unlimited
- In the event of the violation of essential contractual obligations (so-called cardinal obligations) that result from simple negligence, we are only liable for the replacement of foreseeable damages that are typical of the contract.
- Except in the cases mentioned above, we are not liable for damages that were caused by simple negligence. This liability exclusion or limitation of liability also applies to the liability of fulfillment or vicarious agents.
8. Data Protection
- We will use your data exclusively within the framework of fulfilling the order. A transfer of this data to third parties is excluded.
9. Passport, Visa, Customs, Foreign Exchange and Health Regulations
- The customer is responsible for compliance with the above listed regulations. Disadvantages resulting from non-compliance with these regulations are borne by the customer.
10. Final Provisions
- Should individual clauses of these GTCs be or become invalid, this will not affect the validity of the contract nor the validity of the remaining terms and conditions.
- Only the laws of the Federal Republic of Germany are applicable.
- The court of jurisdiction is Chemnitz if the customer is a business person. This also applies to international contracts and non-business people.