General terms and conditions (GTC)

 

These GTC contain a data-protection-declaration (Point IV. Subsection 14.).

 

  1. Validity of the terms of contract

    1. Contracting parties in connection with these general terms and conditions (hereinafter: "GTC") are the "Druckluftkammer", represented by Markus Rodemerk, Burgstraße 3-7, 56068 Koblenz (hereinafter: "Druckluftkammer") and the client or customer.

    2. Any provisions or terms and conditions that deviate from these GTC shall only become the subject of the contractual agreement if the Druckluftkammer confirms this in writing in advance. This also applies if the Druckluftkammer does not expressly contradict deviating terms and conditions of the customer, even if these requests for quotations, orders or declarations of the customer are enclosed.

    3. These GTC also apply to all future orders, orders and other agreements of the parties, even if they are not expressly agreed again or are not referred to again, unless the parties agree otherwise in writing.

 

  1. Conclusion of contract and subject matter of the contract

    1. Unless the parties agree otherwise in writing, the contract is concluded;

      1. with receipt of the order confirmation by the customer or

      2. at the time of the beginning of the contract referred to in the contract ("order confirmation") or

      3. with the acceptance of the "offer" of Druckluftkammer by the customer (in writing, by fax or e-mail), but at the latest,

      4. with provision and / or execution of the contractual services by Druckluftkammer

      whichever is the earlier.

    2. The content, scope and limits of the contractual services are based on the order, if applicable, its attachments and service descriptions.

    3. In the absence of an agreement to the contrary, the customer must always independently check, before accepting an offer or issuing an order to the Druckluftkammer, whether the respective performance plans and contractual services correspond to his individual needs and requirements.

 

  1. Contract term and termination

    1. The term of the respective contractual relationship ends automatically with the fulfillment of the contractually owed services / payments by all contracting parties.

    2. The right of the parties to terminate the contract for good cause without notice, remains unaffected. An important reason exists in particular in the following cases:

      1. The customer is in arrears with payments due more than two (2) months.

      2. One of the contracting parties infringes after previous warning against elementary obligations of the contract.

    3. All cancellations always require the written form.

    4. In every case of termination, the contractual items provided by the Druckluftkammer or handed over by the customer must be returned by the customer.

    5. Insofar as the subject matter of the contract is the unrestricted transfer (purchase) of the contractual services, unless otherwise agreed, Druckluftkammer shall grant the customer a simple (non-exclusive) and unlimited right of use subject to the payment of the agreed remuneration.

       

  2. Access to our events

    By acquiring a ticket or paying for admission to non-physical-ticket-events, the transferees and ticket-holders submit in the following terms and conditions:

    1. On some events, the ticket is to be completed upon arrival at the entrance with a bracelet entitling to the event. The entrance-ticket is validated and thus loses its validity. The bracelet is non-transferable and will not be replaced if lost or damaged.

    2. If there is an important reason, in particular if visitors commit crimes on the event site, cause trouble or cause brawls, willfully destroy or steal furniture and decoration, Druckluftkammer is entitled to relieve the visitor of the event excluded. With the exclusion the ticket loses its effectiveness. A refund of the card-value is excluded in this case.

    3. It is generally forbidden to bring glass-containers, cans, plastic-cans, pyrotechnic articles, torches and weapons of all kinds or other dangerous objects into the event-venues. In case of non-compliance, reference is made from the venue. At the entrance there is a security-check. The admission staff is instructed to perform body-searches.

    4. No liability is accepted for any damage to health, such as hearing damage due to increased noise-levels during the events.

    5. Druckluftkammer adheres to the youth protection law. All visitors have to confirm their age by presenting a valid passport. The inlet staff is instructed to control this.

    6. On the premises belonging to the event, the possession, the taking, the sale or purchase of drugs and medicines covered by the "Narcotics Act", prostitution and gambling are expressly prohibited. Upon becoming aware of such facts, Druckluftkammer issued an irrevocable ban and reimbursed criminal charges.

    7. Druckluftkammer reserves the right to deny drunken or otherwise intoxicated persons entry.

    8. Bringing and consuming your own drinks is prohibited. If meals are also sold at the events, it is also forbidden to bring your own food.

    9. Coats and jackets can and should be given to the wardrobe in their own interest. The visitors expressly point out to the cloakroom-staff if particularly valuable items or clothing are to be taken into custody. Druckluftkammer is not liable for the loss or theft of any clothing, bags or valuables that have not been delivered to the cloakroom.

    10. The instructions of the event-staff must be obeyed.

    11. The visitors have to be quiet in the outdoor-area of ​​events and to take into account the interests of the neighborhood, especially in the sleep-time.

    12. Druckluftkammer indicates that even small amounts of alcohol or severe fatigue can significantly affect the ability to drive and, if necessary, supports the call of a taxi.

    13. Temporary departure from an event without a physical ticket requires a stamp.

    14. At the events, Druckluftkammer or third parties regularly take photos and video recordings of visitors present, in particular for public relations and marketing. These recordings are published on the websites of the Druckluftkammer or on third-party websites (such as Facebook) and on flyers. Visitors expressly agree to this by attending the event.

      The creation, storage, editing and publishing of photos and videos is done in the interest of an attractive presentation of the event-rooms and the events on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

    15. People who send us recordings of the events for publication ensure that these recordings do not violate any applicable law or infringe or infringe third-party-rights of any kind, and shall indemnify Druckluftkammer against any claims of third-parties in connection with infringements free and agree to replace Druckluftkammer all resulting damage in this context. This includes the costs of legal-advice and representation of Druckluftkammer against the alleged infringement. Druckluftkammer reserves the right to postpone, reject or discontinue publication of the recordings at any time. The parties must inform each other if they become aware of a possible legal violation.

     

  3. Prices and terms of payment (direct sales at events)

    The prices and the amount of the remuneration for the contractual services are awarded on the events by a menu or price-tags. The event-staff is also happy to provide advance information. All prices and remuneration are inclusive of VAT, in the amount valid on the day of invoicing.

     

  4. Prices and terms of payment (online sale via the Internet shop)

    1. The prices and the amount of the remuneration for the contractual services are in the webshop of the website by quoting award. All prices and remunerations are inclusive of VAT, in the amount valid on the day of invoicing plus shipping costs, which are displayed to the customer before completing the order.

    2. Payment claims from Druckluftkammer to online-orders from the webshop are due immediately upon receipt of the invoice without deduction and payable within fourteen (14) days of the invoice-date, unless Druckluftkammer has a different payment-period on the invoice.

    3. If the customer is unfounded with the payment of an invoice

      1. more than one (1) month from the date on which the invoice was due and

      2. even after an unsuccessful threat with a grace period of at least fourteen (14) days, does not pay, Druckluftkammer is under reference to these legal consequences entitled to withhold the provision of the contractual services owed, or cease in whole or in part until full payment.

    4. For orders of tickets via the Internet, the regulations on distance selling contracts in accordance with § 312b (3) no. 6 BGB are not applicable. This means that there is no right of revocation and return. Every order of tickets is binding and obligatory for acceptance and payment. (District Court Munich, 10.09.2007, file number: 182 C 26144/05)

     

  5. Warranty rights

    1. If the contractually owed service is defective, the statutory provisions shall apply in accordance with the following provisions.

    2. In the event that the customer does not meet his obligation to cooperate or insufficiently, Druckluftkammer is exempted from the obligation to provide the contractual services. Any additional work resulting from the Customer's improper or delayed performance may be asserted by the Druckluftkammer within reasonable compensation.

    3. A defect or functional impairment resulting from environmental conditions, incorrect operation or failure to comply with operating instructions or technical or organizational specifications by the customer or its vicarious agents is not a fault for which the Druckluftkammer is responsible. Druckluftkammer reserves the right in this case to charge the cost of error analysis and troubleshooting to the customer, if the customer has misjudged that the defect comes from his sphere. The same applies if the defect was caused by the customer himself.

    4. The strict liability for damages (§ 536a BGB) for defects existing at the conclusion of the contract is excluded.

    5. The period of limitation for claims arising from material defects is 12 months. Claims for damages due to material defects with the exception of claims due to intentional or grossly negligent conduct as well as claims due to damage to life, limb and health are also subject to a limitation period of 12 months. Claims under the Product Liability Act remain unaffected by this regulation.

     

  6. Liability

    1. The contracting parties shall be liable to each other in accordance with the general statutory provisions, unless otherwise provided by the following provisions. These provisions apply to all claims for damages and claims for reimbursement of futile expenses, for whatever legal reason, unless otherwise stipulated in writing.

    2. The parties are always liable to each other

      1. for itself, as well as by the legal representatives or vicarious agents intentional or grossly negligent caused damage, as well

      2. according to the Product Liability Act and

      3. in case of injury to life, body or health, which is the responsibility of a party, its legal representatives or vicarious agents.

    3. Druckluftkammer, its legal representatives and vicarious agents are not liable for slight negligence. This only applies if it is a culpable violation of essential contractual obligations. Significant contractual obligations are obligations of the Druckluftkammer, the fulfillment of which enables the proper execution of the respective contract and on whose observance the customer may regularly rely in the context of the provision of the respective contractual services, ie therefore obligations whose violation would jeopardize the achievement of the purpose of the contract. In this case, however, the liability of the Druckluftkammer is limited to the contractually typical and foreseeable damage. However, in the absence of a written agreement to the contrary, the claim for damages per claim is limited to the order value of the respective service picture.

    4. The aforementioned provisions also apply to lost profits or lost savings. Further liability of Druckluftkammer therefore does not exist for distant consequential damage.

    5. The above limitations of liability also apply to the personal liability of employees, and legal representatives of Druckluftkammer.

     

  7. Force majeure

    1. In cases in which the provision of a contractual service, co-operation or service is not possible or reasonable due to force majeure, there are no claims for damages or other claims or rights (including rights of design, objections or objections) of the other contracting party.

    2. Force majeure shall be any event for which no party is responsible and which can not be avoided by the utmost reasonably expected care, which completely or partially prevents the contracting party concerned from providing the contractual services, co-operations or services in accordance with the contract, in particular natural events, electricity - and line failures, which are not within the control of the Druckluftkammer, in cases of arson, vandalism, burglary, sabotage, strikes or legal lockouts and similar circumstances.

     

  8. Secrecy

    1. The contracting parties will always treat all confidential information and trade secrets of the other, which they have come to notice in the context of this contractual relationship or upon initiation of an agreement, with unlimited confidentiality and only for the purpose of carrying out the respective contract.

    2. The contracting parties shall also impose these obligations on their employees and any third parties involved and shall ensure that the contractual services are only made available to employees and third parties insofar as this is necessary for the contractual use.

    3. Druckluftkammer has until the revocation of the customer the right to call this as a reference.

     

  9. Compliance

    1. The contracting parties undertake to act only in accordance with the applicable laws and, in particular, to observe the rules of fair competition. The parties expressly undertake and warrant that neither they, nor their employees, nor any other agents of theirs, will commit or prohibit any third party to engage in such acts. These prohibited acts include in particular the offering, granting, requesting or accepting of unlawful payments, benefits or other advantages for themselves or a third party or the betrayal of trade secrets (§§ 18 et seq. UWG).

    2. The parties assure that they have the required trade law and conditions and fulfill their obligations towards the collection points (statutory health insurance), professional association and tax authorities as well as the provisions of the Posted Workers Act and Minimum Wage Act (AEntG: Minimum Wage - Minimum Wage Act).

     

  10. Data protection and data safety

    1. The parties are obliged to comply with the provisions of data protection laws regarding the protection of personal data and to take the necessary precautions to protect personal data against unauthorized access and misuse.

    2. If necessary, the parties will separately conclude the necessary contracts for the processing of personal data on behalf of the customer (ADV) and enclose them with the contractual documents.

    3. The Dataprotection of Druckluftkammer applies.

     

  11. Final provisions

    1. Additional agreements, changes and additions to the contract must be made in writing in order to be valid (by fax). The written form can only be canceled by written agreement.

    2. These terms and conditions and the documents referring to them are subject to German law.

    3. Place of jurisdiction is Koblenz.

    4. Should individual provisions of these terms and conditions, including their components, prove ineffective or impracticable, the validity of the remaining provisions of these GTC shall not be affected thereby. In such a case, the invalid or ineffective provision shall be replaced by a new provision which corresponds to the intended purpose and shall apply from the beginning of the invalidity.

 

As of May 2018

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