General Terms and Conditions
These are the General Terms and Conditions of the SHOWPALAST MUNICH.
1. Area of application
1.1. The General Terms and Conditions (hereinafter referred to as GTC) apply to all events of Apassionata Park München GmbH & Co. KG (hereinafter referred to as “APG”), Kantstraße 24, 10623 Berlin in the Showpalast Munich (hereinafter referred to as “Showpalast”).
1.2. The GTC regulate the legal relations between APG and the individual customers, resellers, corporate and group customers (hereinafter referred to as “Customers”) exclusively. Apassionata Park GmbH & Co. KG, represented by Apassionata World GmbH, Kantstr. 24, 10623 Berlin, email: firstname.lastname@example.org, it represented by the Managing Directors Xiongxiong Lin, Johannes Mock-O’Hara, Weihao Zhao will become the Customers’ contractual partner regarding APG events. Contrary general terms and conditions of Customers shall only apply if APG has expressly agreed in writing to their applicability.
1.3. Resellers undertake to inform each buyer of the following Terms and Conditions on the purchase of the tickets.
2. Admission, ticket processing, discounted tickets, validity
2.1. A binding contract between the Customer and APG for the purchase of admission tickets will only be concluded on APG’s acceptance of an offer from the Customer. Acceptance is declared specifically by confirmation of the order by email or letter and, if orders are placed by telephone, directly when the order is taken and, in all cases, always by shipment of the tickets to the customer or when they are deposited at the ticket counter or box office.
2.2 For online ticket orders via the website of APG or for orders via the telephone, it applies according to Sec. 312g (2) No.9 BGB [German Civil Code] that the order is binding and the Customer cannot invoke the right of revocation in the definition of Sec. 355 BGB.
2.3. The Customer purchases the tickets in his own name and on his own account. If the tickets are resold by the Customer, representation of APG is excluded.
2.4. The show is suitable for children of 3 years and above. Every visitor of the event requires his own admission ticket. Children and adolescents between the ages of 3 and 16 years may attend the event only if accompanied by an adult. For children aged 3 to 12 years, a discount applies according to the respective current price list.
2.5. Unless agreed otherwise, tickets are sent by mail to the Customer at his risk upon receipt of the complete payment. An appropriate shipment fee will be charged for the mailing of tickets. In the event that tickets are lost in the mail or thereafter, the shipment fees will not be refunded. If the Customer books the shipment of tickets by mail, he is obligated to inform APG at the latest five days before the start of the event if he has not received the tickets by then. In that case, APG will be entitled to deposit replacement tickets for pickup at the evening box office. When tickets are purchased for an event scheduled five or fewer days after the purchase date, the admission tickets will generally not be shipped but normally deposited at the evening box office.
In the event that tickets are lost, including when they have been shipped, replacement tickets will be issued at the evening box office up to one hour before the start of the event if the customer proves which tickets he has purchased by stating the seats concerned or makes this credible otherwise. APG can demand an appropriate processing fee for the issuance of replacement tickets.
2.6 For orders by phone or in writing and in cases of group sales, APG reserves the right to charge a processing fee.
2.7 The purchase price to be paid for admission to the event results from the price indicated on the current price lists of APG plus any shipping and additional fees if applicable. Additional advance booking fees may arise for event contracts that are concluded in advance booking. All fees will be indicated in the course of the ordering process and become payable on the conclusion of the contract.
2.8 If the an option for the purchase of tickets has been granted to the Customer, the option will expire without replacement, insofar as it is not exercised by the Customer within the agreed period.
2.9. Deposited tickets must be picked up at the latest 30 minutes before the start of the event with specification of the booking number from the respective ticket counter/evening box office at the event venue.
2.10. The ticket entitles exclusively the authorised ticket holder to single admission to the event venue and it will lose validity when the venue is left.
2.11. Up until the receipt of payment, APG is entitled to refuse the Customer admission to the Showpalast venue or expel him from there and block the ticket. The customer can have the block be lifted by cash payment of the admission price before the start of the event.
3. Assignment of different seats
3.1. APG reserves the right to assign the Customer a different seat for the respective event than the one assigned on the ticket. This applies when it is not possible for APG for reasons outside of its responsibility to make the seat specified on the ticket available, but the seat assigned in replacement is comparable or of better quality. Otherwise, the Customer will have a right to a refund for the difference to the price specified on the admission ticket.
3.2. APG furthermore reserves the right to assign a different seat within the confirmed price category to the Customer also for other reasons.
4. Payment date and payment, reservation of title, default
4.1. The purchase price will become payable on confirmation of the order with assignment of a unique order number. Unless agreed otherwise, payments can be remitted by bank transfer, direct debit, cash payment, EC card, credit card or redemptions of valid vouchers issued by APG.
4.2. Admission tickets remain the property of APG until complete payment. Should a reverse charge be made for a payment, the Customer will be obligated to pay the unsettled amount immediately and refund of all costs incurred by APG for the reverse charge (e.g. bank fees, fees of third parties). In addition, APG will charge a processing fee of EUR 10 in the case of a reverse charge on a payment. It remains at the Customer’s discretion to prove that APG has not incurred a loss in this amount in this connection. In the case of a reverse charge on a payment, APG will be entitled, in alternative to the foregoing provisions, to withdraw from the contract and it reserves the right in that case to sell the tickets for the relevant seats to another party. Reserved tickets that are not paid on time will be released for free sales upon expiration of the payment period without further request.
4.3. In case of a default on payment, APG will be entitled to demand interest in the amount of 5% p.a. above the respective base interest rate of Deutsche Bundesbank, unless APG proves the charge of a higher interest rate or the Customer proves the charge of a lower interest rate. Claims of further damages are not excluded thereby.
5. Discounted admission prices
5.1. APG grants certain predefined discounts that apply only on specific dates. Discounts of this kind will be advertised if applicable in the corresponding announcements of APG (e.g. on its website or in other advertising material of APG).
5.2. APG will request valid proof of a corresponding entitlement be presented for all discounted tickets before admission. The identity of the beneficiary must be proven by a document with photo ID. If no proof can be presented, the difference to the full ticket price must be paid in retrospect. Otherwise, admission cannot be granted.
5.3 Multiple discounts per ticket cannot be granted.
5.4. After completion of the booking process, discounts can no longer be considered.
6. Return and exchange of tickets, loss of tickets
6.1 Returns or exchanges of tickets are generally excluded.
6.2 If the event is cancelled, APG will offer the Customer an exchange for an equivalent ticket to another event of his choice or it will refund the purchase price respectively against the return of the original ticket. The request for exchange or return must be received without delay by APG, at the latest within six months after the cancelled event. Otherwise, the claim to the refund will be lost. Within the aforementioned period, the Customer must return the ticket stating his request for exchange or refund to the point of sales where the ticket was purchased. If the ticket is purchased via the APG website, the ticket including the request for exchange or refund must be sent to the following address within the aforementioned period: Apassionata Park GmbH & Co. KG, Kantstr. 24, 10623 Berlin. In case of a request for refund, the admission price itself will be refunded by APG by bank transfer to an account to be specified by the Customer. Any repayment of advance booking or other fees is the responsibility of the respective reseller. Further claims of the Customer (e.g. costs for travel/accommodation) are excluded.
6.3 If the event is stopped in progress, the admission price will only be refunded if less than half of the total duration of the event was completed. In that case, notice of a claim for refund shall be sent within 14 days in text form (email is sufficient) to APG at the aforementioned address or by email with the original or scanned-in tickets attached to email@example.com.
6.4 If events are cancelled or stopped in progress for reasons outside of APG’s responsibility (force majeure), APG will be released from the performance obligation. A claim for refund will not be established for the Customer in such cases.
6.5 It is not permissible to take a different seat than the one specified on the ticket. In case of an impermissible change of seats, the difference in the price can be charged or the customer can be expelled from this seat or the event.
7. Start of the event, admission
7.1. The Showpalast venue is generally opened 90 minutes before the start of the event.
7.2. After the start of an event, Customers can only be admitted to the audience during a suitable intermission in consideration of the performing artists and the other members of the audience. There is no right to an intermission. There is furthermore no right to a refund for the unused tickets.
7.3. Spaces for people using wheelchairs are available only to limited extent. They have a right to a barrier-free space only if they have stated that they require such a space when they purchased the ticket.
8. Changes in the schedule and cast of performances
APG reserves the right to change the schedule, performing cast and show acts on short notice.
9. House rules, conduct at the Showpalast
9.1. The rules of conduct contained in these GTC and the instructions of the orderlies must be followed. In case of disregard – irrespective of other claims – immediate expulsion from the Showpalast and the surrounding premises can be ordered.
9.2. Bringing along glass receptacles, bulky items, pyrotechnical objects, flares, sparklers, weapons and similar dangerous objects, as well as bringing along pets to the Showpalast is prohibited. In the case of disregard for this prohibition, expulsion from the Showpalast premises can be ordered. APG is authorised to take objects of the aforementioned kind into temporary custody or possession.
9.3. Smoking in the rooms of the Showpalast is prohibited.
9.4. It is prohibited to bring along food and beverages to the rooms of the Showpalast. Likewise, the consumption of food and beverages in the audience is generally prohibited.
9.5. Objects that are suitable to disrupt the performance (e.g. mobile phones, electronic watches) must be switched off before the start of the performance.
9.6. Customers can be expelled from the running performance if they disrupt or cause nuisance to other Customers. They can also be refused admission if there is reason to fear of such. In addition, APG can declare these persons banned from the site. The price for admission will not be refunded in these cases.
10. Audio, photo and video recordings
10.1. In the Showpalast, audio, photo and video recordings – even if intended for private use – are prohibited for reasons of copyrights. In case of violations and irrespective of further claims, a contract penalty will become due the amount of which shall be set at the sole discretion of APG and which can be reviewed by the substantively competent court in case of challenge for the amount. Bringing along photo cameras and other audio, photo and video recording devices for the purpose of commercial use is generally prohibited.
10.2. In case of violations, the property personnel is authorised to collect recording devices and cameras and retain them until the end of the performance. Videos and recordings of any kind on which parts of the performance are depicted can be collected and retained by APG. They will be returned to the owner if he agrees to the deletion of the recordings.
10.3. Each Customer irrevocably consents to the free use of his picture or voice for photographs, live broadcasts, shows and/or video and/or audio recordings in all present and future media that are produced by APG or its agents in connection with the event.
11.1. Coats, umbrellas, canes and large bags and similar items must be handed in to the cloakroom and a fee must be paid for them being kept there. The wardrobe staff are entitled to refuse retention of particularly valuable items.
11.2. By handing out a wardrobe token, APG accepts liability for intentional and gross negligent conduct. Liability is limited to the current value of the deposited item and amounts max. EUR 5.000,00. Loss or damage of items of wardrobe and the loss of a wardrobe token must be reported immediately to the wardrobe staff. Items of wardrobe may only be handed out without a wardrobe token if it is made credible that the visitor is the rightful recipient. A fee of EUR 5.00 will be charged by APG for the loss of a wardrobe token, unless the Customer proves that a lesser or no damage has been caused by the loss of the wardrobe token. The fee will be refunded if the wardrobe token is found again and returned to APG before procurement of a replacement is ordered.
12. Liability limitation
12.1. The stay at the Showpalast premises is at one’s own risk. APG, its legal representatives and vicarious agents shall be liable only in cases of intent or gross negligence. In the case of a violation of essential contractual duties, liability applies even in cases of simple negligence, whereas limited to the predictable damage that is typical for the contract. Claims of damages resulting from the injury of life, body or health and such under the Product Liability Act remain unaffected by the foregoing limitations.
12.2. The respective service provider, not APG, shall be liable for external services (e.g. gastronomic services) and any damages resulting from them.
13. Applicable law, data privacy, place of jurisdiction
13.1. Exclusively German law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.
13.2. All data transmitted by the Customer will be processed and handled by APG in observation of the relevant data privacy laws.
13.3. The European Commission has made a platform available for online dispute resolution, where Customers can submit potential complaints via the following link: http://ec.europa.eu/consumers/odr/. APG is not willing or obligated to participate in the dispute resolution procedure before a consumer arbitration office.
13.4. The exclusive place of jurisdiction for all disputes arising from and in connection with these GTC, to the extent permitted by law, is Munich.
Apassionata Park München GmbH & Co. KG