Lange Nacht der Museen Berlin 31.8.2019

General Terms and Conditions (AGB) for the Online Ticket Shop of the Long Night of Museums

July 2019



1 Application of the Terms

Kulturprojekte Berlin GmbH carries out its orders on the basis of the following General Terms and Conditions of Business (the Terms). The Terms applicable at the time of ordering apply to the order. You may download the text to your computer or print it out. We do not acknowledge any terms and conditions which deviate from these Terms, unless we have agreed in writing to do so.



2 Purchase contracts

2.1 Contracts between Kulturprojekte Berlin GmbH and purchasers are purchase contracts. The mutual obligations are set forth in the following provisions. In all other respects, the law of the Federal Republic of Germany applies to the extent that this is permissible. The venue of jurisdiction is Berlin.

2.2 The contract with us comes into being as soon as we receive your online order. You will then receive an email containing your invoice and your [email protected] tickets for the event.

2.3 Your contract partner is Kulturprojekte Berlin GmbH.



3. Restrictions on the purchase and resale of tickets

3.1 For reasons of fairness, to prevent the resale of tickets at excessive prices and prevent any associated damage to the reputation of the event organiser, it is in the event organiser’s interests to restrict the purchase and distribution of tickets. You undertake to purchase and use your ticket(s) solely for your own private use. You are especially not permitted

a) to pass on or sell online tickets without the express prior permission of the relevant event organiser or to purchase them on behalf of a third party within the scope of trade or commercial activities;

b) to offer online tickets for sale in Internet auctions which are not authorised by the event organiser;

c) to sell online tickets to third parties without the express prior permission of the relevant event organiser for the purpose of making a profit or to purchase them on behalf of a third party for the purpose of making a profit by means of your brokerage activities on behalf of the third party;

d) to pass on or sell online tickets for the purposes of advertising or marketing, as a bonus, promotional gift or prize or as part of a hospitality or travel package that the event organiser has not authorised;

e) to sell online tickets outside the event venue or

f) to acquire online tickets by using a third party acting on your behalf as your representative in a trading or commercial capacity.

3.2 The event organiser may demand from you payment of a contract penalty for each case of culpable contravention of the prohibitions set forth in clause 3.1. The event organiser may set the amount of such a contract penalty at its own reasonable discretion; in case of dispute it may be reviewed by a court of law. The amount of the contract penalty is generally based on the current price at which the ticket is offered or resold, but at least, however, on the purchase price of the ticket offered or resold in contravention of clause 3.1. The total contract penalty may not exceed EUR 4,000. This does not affect any further claims for damages or demands for contract penalties for other contraventions of these Terms. Any contract penalty paid will be set off against any claim for damages.

3.3 In the event of any contravention of clause 3.1, Kulturprojekte Berlin reserves the right to ban the purchaser from purchasing online tickets at www.lange-nacht-der-museen.de in the future. This ban will take the form of denial of access to the online shop.

3.4 In the event of any contravention of clause 3.1 f), the contract regarding attendance at the event will not come into being, as proxy purchase is prohibited in this case. In this event, the price you paid for the ticket will be reimbursed to you. Any ticket that has already been issued will be blocked by us and will thus cease to be valid.

3.5 If Kulturprojekte Berlin has blocked your customer account pursuant to clause 3.3, you are in future banned from purchasing any further tickets under your own or any other name from https://shop.lange-nacht-der-museen.de. Kulturprojekte Berlin may demand from you payment of a contract penalty for each case of culpable contravention of this ban. Kulturprojekte Berlin may set the amount of such a contract penalty at its own reasonable discretion; in case of dispute it may be reviewed by a court of law. The total contract penalty may not exceed EUR 1,000. This does not affect any further claims for damages. Any contract penalty paid will be set off against any claim for damages.



4 Special provisions applying to the purchase of personalised tickets

4.1 For certain events the tickets are personalised, which means that only the holder of the right of attendance may be admitted to the event. Her or his name is an integral element of the online ticket. These events are marked during the order process with a relevant indication that the online tickets are personalised. You undertake to purchase and use your ticket(s) solely for your own private use. Clause 3.1 applies. The forename and surname you have given when registering will be automatically included on the online ticket. If it possible for you to order more than one personalised online ticket, you will be asked during the order process, and will be obliged, immediately while making the purchase to truthfully give the forename(s) and surname(s) and email address(es) of the additional person(s) for whom the personalised tickets are to be issued. The legal transaction stands and falls upon the punctual, immediate and truthful statement of the various ticketholders upon purchase, as the tickets will then be issued immediately under the names given by you during the purchase process ("relative Fixschuld" (debt in relation to a transaction to be carried out at a specifically defined time)). Breach of the duty to give the various names results in considerable additional work for the event organiser due to subsequent enquiries about name changes as well as to conflicts during ticket inspections at the door on admission to events. If, in contravention of the foregoing provision, the same name is given several times while purchasing tickets the event organiser reserves the right to withdraw from the contract on the grounds mentioned without having to set any deadline (Section 323 (2) No. 2 of the Civil Code (BGB – Bürgerliches Gesetzbuch). You will also be asked to confirm that you are entitled to personalise the ticket or tickets in the name(s) of a third party or of third parties. In such cases the contract is entered into only between you and the event organiser. The other persons named by you will merely be beneficiaries of the contract and will have their own right to attend the event (Section 328 et seq. BGB).

4.2 Entitlement to attend the event exists only on the basis of the contract you have entered into with the event organiser (clause 2.1). Your name must also be on the online ticket. Third parties for whom you have purchased personalised online tickets are also entitled to attend the event on the basis of the contract entered into between you and the event organiser. The name of each third party must be on their ticket. Persons who have acceded to the contract with the event organiser in accordance with clause 4.4 are also entitled to attend the event. The name of such person must be on their ticket. Attending the event is also conditional upon you or the person for whom you have ordered online tickets or who has acceded to the contract with the event organiser in accordance with clause 4.4 showing your or their valid passport, personal ID card or driving licence when asked to do so at the door.

4.3 The event organiser is not obliged to ask for these documents to be shown at the door to check the entitlement of the ticketholder. The event organiser is also freed from its duty of performance vis-à-vis its contract partner if a different person procures admission to the event by showing the online ticket. Only one person is entitled to attend the event per online ticket.

4.4 You may only assign your rights and duties under the contract with the event organiser (including the right to demand admission to the event) if the third party in question accedes to the contract by assuming all the associated rights and duties in your place. Such accession requires the consent of the event organiser, which is herewith given in advance, subject to the limitations set forth in clause 4.5:

4.5 For reasons of fairness, to prevent the resale of tickets at exorbitant prices and prevent any associated damage to the reputation of the event organiser, the event organiser’s consent to the accession of a third party to the contract with the event organiser pursuant to clause 4.4 will not be given in the following cases:

a) if, without the express prior permission of the event organiser, online tickets are passed on or resold or if online tickets are purchased on behalf of a third party if this is within the scope of trade or commercial activities;

b) if online tickets are sold in Internet auctions which are not authorised by the event organiser;

c) if online tickets are sold at a price which exceeds the purchase price of the ticket plus any expenses otherwise incurred by the seller on account of the purchase or resale of the ticket;

d) if online tickets are sold for the purpose of making a profit or purchased in the name of a third party for the purpose of making a profit from the brokerage activities;

e) if online tickets are passed on or sold for the purposes of advertising or marketing, as a bonus, promotional gift or prize or as part of a hospitality or travel package that the event organiser has not authorised; or

f) if online tickets are sold without reference being made to these Terms, especially clause 4.4 and this clause 4.5 hereof.

In such cases both offering and passing on/reselling online tickets is prohibited. Selling online tickets outside the event venue is prohibited without exception.

4.6 The event organiser may in addition demand from you payment of a contract penalty for each case of culpable contravention of the prohibitions set forth in clause 4.5, including the prohibition of offering online tickets in the cases mentioned in clause 4.5. The event organiser may set the amount of such a contract penalty at its own reasonable discretion; in case of dispute the contract penalty may be reviewed by a court of law. The amount of the contract penalty is generally based on the current price at which the ticket is offered or resold, but at least, however, on the purchase price of the ticket offered or resold in contravention of clause 4.5. The total contract penalty may not exceed EUR 4,000. This does not affect any further claims for damages or demands for contract penalties for other contraventions of these Terms. Any contract penalty paid will be set off against any claim for damages.



5. Transfer and change of personalisation of personalised online tickets

5.1 You are entitled to transfer a personalised online ticket which you have purchased, i.e. the right to attend the event, to a third party subject to clauses 5.4 and 5.4, that is, only on condition that the third party accedes to the contract with the event organiser, including these Terms, and the event organiser has given its consent to this in accordance with clause 4.4. After such a transfer (Section 398 BGB) the personalisation of the ticket must be changed to the name of the new holder of the right to attend the event.

5.2 In the event that you wish to transfer your ticket to a third person, for instance as a gift, we must change the name under which the ticket is personalised in accordance with the procedure described in clause 5.3 below. For this purpose, you must let us know the name and email address of the person to whom you wish to transfer your online ticket.

5.3 To change the personalisation of your online ticket, please go to [email protected]. There you will be asked to state your wishes and to give your reasons factually and truthfully and provide evidence. We will ask you to provide evidence with your data of whether the name stated on the online ticket agrees with the name of your email address and personal details. This is the only we can guarantee that the name under which the ticket is personalised can be changed. In this case we would make it clear that this does not constitute a transfer of the contract with the event organiser (clause 4.1) but simply transfers the right to attend the event in accordance with clause 4.1. The reservation of consent mentioned in clause 4.4 also applies in this case. The consent of the event organiser to the transfer of the right to attend the event will not be given in the cases mentioned in clause 4.5. Your data will not be used for purposes other than checking whether the person who wishes to change the personalisation of the ticket is in fact identical with the person who bought the ticket until after the change of personalisation has been completed.

5.4 In addition, you must state the forename, surname and email address of the person to whom you wish to transfer the ticket. Once the personalisation of the ticket has been changed, the acquiror will be sent an email with an online ticket issued in her or his name. This new online ticket will be sent by email to the address stated by you. Your former online ticket will blocked when the new online ticket is sent to the acquiror. Once it has been transferred, you are no longer entitled to gain admission with your online ticket.

5.5 The personalisation of a ticket may only be changed up to 4 pm on the day of the event.



6 Blocking of personalised tickets

6.1 If the prohibitions under clause 4.1 in conjunction with clause 3.1 or clause 4.5 are contravened, the event organiser has the right to block the tickets in question, reimbursing the price paid for the ticket less any advance booking fee and to deny the ticketholder in question admission to the event.

6.2 If the prohibitions under clause 4.1, clause 5.1 in conjunction with clause 3.1 or clause 4.5 are repeatedly contravened, the event organiser has the right to block the tickets in question without compensation, i.e. without reimbursing the price paid for the ticket.



7 Orders and prices

The prices are inclusive of statutory VAT.

Kulturprojekte Berlin GmbH sets the prices for event tickets itself and may increase prices for its own events or grant early booking discounts. Kulturprojekte Berlin GmbH will announce any price increase without undue delay as soon as it is known.



8 Delivery periods

Once the process of ordering event tickets has been completed (print-at-home) the tickets will be sent to the purchaser by email without undue delay and within a few hours.

If the customer has not received confirmation of the order within three working days, this may be due to a technical error. It is up to the customer to notify Kulturprojekte Berlin GmbH of this immediately.



9 Right of cancellation

You have no right to cancel pursuant to Section 312 b BGB. The purchase of online tickets is binding.

Please send any questions you may have about your order by post or email to the following address:

Kulturprojekte Berlin GmbH
Klosterstrasse 68
10179 Berlin
Email: [email protected]

The cancellation or rescission of the purchase of event tickets is excluded.



10 Payment

Our invoices are due and payable immediately upon completion of the order process. The method of payment already selected by the purchaser during the order process is chosen as the means of payment.



11 Cancellation by the event organiser

Kulturprojekte Berlin GmbH has the right to cancel events it has offered at any time for good cause, including but not limited to force majeure, strike or illness. In this event, attendance fees already paid will be reimbursed. Attendees may not claim compensation for damages.



12 Applicable law

The law of the Federal Republic of Germany applies.

Information in accordance with § 36 of the Law on the Alternative Settlement of Disputes in Consumer Matters (Consumer Dispute Settlement Act) (VSBG - Gesetz über die alternative Streitbeilegung in Verbrauchersachen (Verbraucherstreitbeilegungsgesetz)):

We declare that we are prepared to take part in alternative dispute resolution. The venue of dispute resolution competent for us is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.: https://www.verbraucher-schlic... based at Strassburger Strasse 8 in 77694 Kehl am Rhein.

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