T&C
General Terms and Conditions
1. Scope
The following General Terms and Conditions ("Terms and Conditions") apply to all services provided by Stiftung Haus der Kunst München, gemeinnützige Betriebsgesellschaft mbH (hereinafter referred to as "Haus der Kunst München") in connection with the reservation, sale and delivery of admission tickets (hereinafter referred to as "Tickets") and other services and goods (hereinafter referred to as "Goods") offered by Haus der Kunst München, provided these are purchased via the Haus der Kunst München online shop at hausderkunst.muenchenticket.net (hereinafter referred to as "Online Bookings").
2. General Information on Online Bookings
2.1 The online shop at hausderkunst.muenchenticket.net is operated on behalf of Haus der Kunst München by München Ticket GmbH, Seidlstr. 30, 80335 Munich, Germany. München Ticket GmbH acts solely as a commercial intermediary in the name and on behalf of Haus der Kunst München. Any contractual relationship is established exclusively between the Customer and Haus der Kunst München.
2.2 The Terms and Conditions of München Ticket GmbH are available at www.muenchenticket.de/agb.
2.3 Registration is required before Customers may make Online Bookings. During the one-time registration process, Customers create their own password. The password and all other customer information may be changed at any time via the customer account ("My Account"). Haus der Kunst München recommends changing the password regularly. Customers are responsible for ensuring that unauthorised third parties do not gain knowledge of their password. Customers shall be liable for any misuse resulting from their own fault.
3. Data Security
3.1 München Ticket GmbH uses a secure procedure for the online transmission of customer data during the ordering process (see Section 10 of the München Ticket GmbH Terms and Conditions at www.muenchenticket.de/agb). For payment transactions, the personal data required for payment processing will be transmitted, where necessary, to the relevant banking institution or payment service provider. All data provided by the Customer will be processed and used in accordance with the applicable data protection legislation governing the transaction and the storage of such data. Where the Customer has given their consent during registration, personal data will also be used for customer service purposes and to provide information about offers from Haus der Kunst München.
3.2 Haus der Kunst München and München Ticket GmbH will not disclose customer data to third parties.
4. Conclusion of contract
By submitting an Online Booking, the Customer makes a binding offer within the meaning of Section 145 of the German Civil Code (BGB) to conclude a contract with Haus der Kunst München. The Customer will receive an electronic confirmation acknowledging receipt of the offer ("Acknowledgement of Receipt"). This acknowledgement does not constitute acceptance of the offer. The contract is concluded only once Haus der Kunst München has accepted the offer by dispatching the Tickets or Goods following receipt of full payment. Acceptance by Haus der Kunst München is subject to the availability of the ordered Goods.
5. Payment and Retention of Title
5.1 The following payment methods are available for Online Bookings via the Haus der Kunst München online shop:
§ a) SEPA Direct Debit;
§ b) Credit Card (MasterCard/Visa);
§ c) PayPal
5.2 Tickets and Goods shall remain the property of Haus der Kunst München until full payment has been received.
6. Ticket Sales
6.1 Prices
6.1.1 The prices published online shall apply. All prices include the applicable statutory Value Added Tax (VAT).
6.1.2 Haus der Kunst München offers discounted Tickets to certain individuals and/or groups of persons. Customers are responsible for determining whether they meet the eligibility requirements for any available discounts. Eligibility for a discount must exist on the day of the museum visit. Upon request, Customers must provide proof of eligibility to the admissions staff by presenting a valid photo ID. Otherwise, the difference between the discounted and the full ticket price must be paid before admission.
6.2 Complaints
Customers are required to check the order confirmation sent by email, as well as the Tickets received, immediately upon receipt for the correct quantity, prices, date, time, event and venue. Any complaints regarding incorrect Tickets must be submitted without undue delay (normally within five working days of receipt of the Tickets or the order confirmation). In the case of short-notice Online Bookings, complaints must be submitted no later than two working days before the validity date of the Tickets. Complaints must be submitted in writing either by email to mail@hausderkunst.de, by post to München Ticket GmbH, Customer Care Centre, PO box 201413, 80014 Munich, or by fax to +49 89 54 81 81 54.
6.3 Delivery
6.3.1 At the Customer's request, Tickets may be sent within Germany by post or parcel delivery service. A delivery charge of EUR 3.90 applies. Tickets will be dispatched without undue delay following receipt of payment. Haus der Kunst München reserves the right to select the delivery service provider at its own discretion.
6.3.2 Haus der Kunst München offers Customers the option of printing their own Tickets (this option is not available for annual passes). For this purpose, the "Print@Home" delivery option is available. Tickets are sent by email immediately after the order has been completed and may be printed using the Customer's own printer. For admission control, Tickets are electronically validated using a scanner and become invalid after their first use.
The following conditions apply:
Tickets must be printed on white A4 paper.
Improper folding (particularly across the barcode), dirt, damage or similar defects will invalidate the Print@Home Ticket.
Lost or duplicated Tickets cannot be replaced and do not entitle the holder to admission.
6.4 Annual Passes
Annual passes become valid on the date selected by the Customer. The validity period is 12 months. Any loss of an annual pass must be reported immediately.
6.5 Visitor Regulations
By purchasing Tickets, the Customer acknowledges and accepts the Visitor Regulations of Haus der Kunst München as binding.
7. Sale of Goods
The provisions of this Section 7 apply exclusively to the sale of Goods and do not apply to the sale of Tickets.
7.1 Withdrawal
Haus der Kunst München shall be entitled to withdraw from the contract if a supplier fails to deliver the ordered Goods correctly or on time despite a corresponding supply agreement having been concluded by Haus der Kunst München. In such cases, the Customer will be informed without undue delay that the ordered Goods are unavailable. Any purchase price already paid will be refunded without undue delay.
7.2 Delivery and Shipping Costs
7.2.1 Goods will be delivered to the address specified by the Customer when placing the order. Haus der Kunst München reserves the right to make partial deliveries.
7.2.2 Goods will be delivered subject to the shipping charges specified for the individual order.
7.2.3 Customs duties or import charges may be payable when Goods are delivered outside Germany. Such charges shall be borne by the Customer. Haus der Kunst München has no control over such charges and is therefore unable to predict their amount. Customs regulations vary considerably from country to country. Customers should obtain further information from their local customs authority. As the importer, the Customer is responsible for complying with the applicable laws and regulations of the destination country.
7.3 Statuatory Warranty
7.3.1 Haus der Kunst München shall be liable for defects in the Goods in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). Where Goods are defective, Haus der Kunst München shall provide subsequent performance, either by supplying replacement Goods or by remedying the defect. Where the form of subsequent performance chosen by the Customer would involve disproportionate costs, Haus der Kunst München shall be entitled to provide subsequent performance in the alternative form. If subsequent performance fails, the Customer may, at their discretion, withdraw from the contract or request an appropriate reduction of the purchase price.
7.3.2 Any additional guarantee for supplied Goods shall apply only where such guarantee has been expressly provided for the respective Goods.
8. Liability
8.1 Any claims by the Customer for damages against Haus der Kunst München are excluded.
8.2 This exclusion shall not apply to claims for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for any other damage resulting from intentional or grossly negligent breaches of duty by Haus der Kunst München, its legal representatives or agents. Essential contractual obligations are those whose fulfilment is necessary for the proper performance of the contract and on which the Customer may ordinarily rely.
8.3 In the event of a breach of essential contractual obligations, Haus der Kunst München shall only be liable for damage that is typical for the contract and reasonably foreseeable where such breach results from ordinary negligence, unless the claim concerns injury to life, body or health.
8.4 The above limitations of liability shall not apply where Haus der Kunst München has fraudulently concealed a defect or has expressly guaranteed the quality of the Goods.
8.5 The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
9. Right of Withdrawal
9.1 Right of Withdrawal
The Customer has the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the Customer, or a third party nominated by the Customer (other than the carrier), takes possession of the Goods.
To exercise the right of withdrawal, the Customer must notify Haus der Kunst München of their decision to withdraw from the contract by means of a clear declaration (for example, a letter sent by post or an email). The Customer may use the attached model withdrawal form, although this is not mandatory.
Stiftung Haus der Kunst München, gemeinnützige Betriebsgesellschaft mbH
Prinzregentenstraße 1
80538 Munich
Germany
Contact
T +49 89 21127 113
F +49 89 21127 157
The withdrawal period shall be deemed to have been observed if the Customer sends the notice concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9.2 Effects of Withdrawal
If the Customer withdraws from the contract, Haus der Kunst München shall reimburse all payments received from the Customer, including delivery costs (except for any additional costs resulting from the Customer choosing a type of delivery other than the least expensive standard delivery offered), without undue delay and no later than fourteen days from the day on which notice of withdrawal is received.
The reimbursement will be made using the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise. In no event will the Customer incur any fees as a result of the reimbursement.
Haus der Kunst München may withhold reimbursement until the Goods have been returned or until the Customer has provided evidence of having returned the Goods, whichever occurs first.
The Customer must return or hand over the Goods without undue delay and in any event no later than fourteen days from the day on which they informed Haus der Kunst München of the withdrawal. The deadline is met if the Goods are dispatched before the expiry of the fourteen-day period.
The Customer shall bear the direct cost of returning the Goods.
The Customer shall only be liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
9.3 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to the following contracts:
a) contracts for the supply of sealed audio or video recordings or sealed computer software if the seal has been removed after delivery (Section 312g (2) No. 6 German Civil Code (BGB));
b) contracts for the provision of accommodation services other than for residential purposes, the transport of goods, vehicle rental, catering services, or other services relating to leisure activities where the contract provides for a specific date or period of performance (Section 312g (2) No. 9 German Civil Code (BGB)).
Accordingly, where Haus der Kunst München provides leisure services, in particular time-specific admission tickets, no right of withdrawal exists. Any order for time-specific Tickets therefore becomes binding immediately upon confirmation in accordance with Section 4 and obliges the Customer to accept and pay for the Tickets ordered.
c) In all other respects, the statutory exceptions pursuant to Section 312g (2) German Civil Code (BGB) shall apply.
10. Applicable Law and Jurisdiction
10.1 Contracts concluded between Haus der Kunst München and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory statutory provisions concerning the restriction of the choice of law and the applicability of mandatory consumer protection provisions, particularly those of the country in which the Customer has their habitual residence, shall remain unaffected.
10.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and Haus der Kunst München.
11. Severability
Should any provision of these Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by the applicable provision customary within the relevant industry or, where no such valid industry standard exists, by the relevant statutory provision.
Stiftung Haus der Kunst München, gemeinnützige Betriebsgesellschaft mbH
Prinzregentenstraße 1
80538 Munich
Germany
Contact
T +49 89 21127 113
F +49 89 21127 157
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Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
To:
Stiftung Haus der Kunst München, gemeinnützige Betriebsgesellschaft mbH
Prinzregentenstraße 1
80538 Munich
Germany
Contact
T +49 89 21127 113
F +49 89 21127 157
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods: (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notifying in writing)
- Date
_______________
(*) Delete as appropriate.
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