Terms and Conditions of Business of Orangerie Berlin GmbH
§ 1 Scope of application and suppliers
(1) The following General Terms and Conditions of Business will apply for all orders our customers submit online through our website, by telephone, in writing, by fax or by e-mail to
Orangerie Berlin GmbH, Große Orangerie im Schloss Charlottenburg, Spandauer Damm 22 – 24, 14059 Berlin; General Manager: Thomas Gross, Local Court of Berlin HRB 100680 B.
Furthermore, these General Terms and Conditions of Business will apply for the concluding of contracts on site in our office at the address indicated.
(2) Conflicting or supplementary General Terms and Conditions of the customer will not form a component of the contract.
(3) The available languages for concluding the contract will be German and English.
§ 2 Concluding contracts through our website
(1) Customers can see the essential details of the services we offer, and event details in particular, on our website.
(2) The offers presented on our website are made without obligation, and are not offers within the meaning of the law. If customers wish to acquire tickets for a selected event, they must initiate the ordering process by clicking on the "Order" button.
(3) The order process which follows is handled via our website by our partner CTS EVENTIM AG & Co. KGaA. In concluding the order process, CTS EVENTIM AG & Co. KGaA acts as an agent of the customer, but the contract to attend the event booked is created with ourselves as the event organisers. For more details of concluding the contract, customers may consult the General Terms and Conditions of Business of CTS EVENTIM AG & Co. KGaA which apply accordingly, and which they must accept as part of the ordering process. This also includes further information about meeting our disclosure obligations in connection with distance selling contracts and e-commerce contracts.
§ 3 Concluding contracts other than on our website
The customer’s order by telephone, letter, fax or e-mail represents a binding offer to conclude a purchase contract which we will accept by a simple confirmation over the phone, by sending a separate e-mail confirmation or by sending the entry tickets within three working days.
§ 4 Prices, despatch costs and delivery, collection
(1) The prices stated on our web pages include VAT at the statutory rate and other price components, and are subject to postage charges if tickets are sent by post.
(2) For details of delivery options and costs involved, see "Delivery charges". Delivery charges are displayed to the customer before they place their order on the overview page. Delivery will be made worldwide.
§ 5 Payment
(1) If ordering via our website, payment is made by the payment options offered by CTS EVENTIM AG & Co. KGaA.
(2) If concluding a contract outside our website, payment will be made either in cash when collecting tickets or in advance, as agreed. For payments in advance, we will provide the customer with our bank details when confirming the order and, if the customer wants the tickets sent, we will send them within the next working days after payment is received. The amount invoiced will be due immediately on receiving the confirmation of order and must be transferred to the account as stated within seven days.
(3) Should the customer be late in making payment, we may charge interest on arrears at 5% points above the base rate published by the Deutsche Bundesbank in the Federal Gazette [Bundesanzeiger]. We reserve the right to produce evidence of greater losses.
(4) Customers may not exercise any right of set-off except in respect of claims which are not disputed or which have been upheld in law. Customers may not exercise any right of retention unless their counterclaim arises out of the same contractual relationship.
§ 6 Statutory exclusion of the right of revocation or the right of withdrawal
The regulations on the right of revocation or the right of withdrawal accruing in principle to consumers in the case of remote sales contracts will not apply here in conformity with § 312 b Para. 3 No. 6 BGB [Civil Code] for the sale of entry tickets for concert events at fixed dates, i. e. there is no right of return or right of revocation for the entry tickets ordered after the customer’s offer.
§ 7 Use of entry tickets
Entry tickets may not be misused, copied or changed. Entry tickets which are destroyed or lost by the customer will not be replaced or refunded.
§ 8 Cancellation of events, changes to events, refunds
(1) If an event is cancelled for a reason for which we are not responsible, the customer may withdraw from the contract by returning the original tickets to us and request a refund of the purchase price, giving his name, account number, bank and bank sort code. This refund will be paid immediately on receipt of the original entry tickets.
(2) The right is reserved to make minor or objectively justified casting and / or programme changes, in so far as these are reasonable for the customer. The same will apply for a change in the concert hall.
(3) In the event of cancellation, postponement, major changes to the programme or casting, we will inform the customer immediately by e-mail, in so far as the latter has made the relevant data available. The customer will in this case be entitled to withdraw from the contract. Section 1 will apply accordingly.
(4) Special conditions for dinner bookings: should a guest arrive later than 45 minutes after the announced start of the dinner, we unfortunatley can not offer any catering services to them. The dinner appointment will henceforth be treated as missed. We cannot offer any reimbursement or credit notes.
§ 9 General
(1) All visitors are obliged for safety and security reasons to hand in their coats to the cloakroom. A fee will be charged for cloakroom services. In the case of fire, other disasters or accidents, the instructions of the personnel on duty are to be followed.
(2) During the concert no films or photographs may be taken. The corresponding performances are protected by copyright. Infringements may give rise to civil and criminal proceedings.
(3) The consumption of food and drink brought in by the customer is not permitted.
§ 10 Limit of liability
The following exclusions and limits of liability will apply for our liability for the payment of damages, regardless of other legal preconditions for a claim:
(1) We will be liable if we are guilty of intention or gross negligence. For simple negligence we will only be liable in the case of a breach of an obligation the fulfilment of which renders possible the proper implementation of the contract, and on the observance of which the contract partner may normally rely. Otherwise liability for the payment of damages for damage of all kinds, regardless of the basis of the claim, including liability for culpability when the contract is concluded, is excluded.
(2) If we are liable for simple negligence in accordance with paragraph 1, our liability will be limited to the damage with which we must typically have expected to arise from the circumstances known at the time of concluding the contract.
(3) The above exclusions and limitations of liability will not apply if we have given a guarantee; nor will they apply for damage which is to be compensated under the product liability laws, nor for damage to life, the body or health.
(4) The above exclusions and limitations of liability will also apply in favour of our employees, agents and servants and other third parties used by us in the performance of the contract.
§ 11 Data protection
We collect and store the customer’s data necessary for processing the business transaction. When processing the customer’s personal data we observe the legal provisions. Further details can be found in our data protection statement, which can be called up on our web site.
§ 12 Applicable law, place of jurisdiction
(1) The law of the German Federal Republic will apply for these Terms and Conditions of Business and the entire legal relationship between us and our contract partners, excluding the UN Convention governing the international sale of goods (CSIG).
(2) The general place of jurisdiction for all disputes from or in connection with this contract, if the customer is a full trader, a legal entity under public law or a special fund under public law or has his domicile abroad, will be our registered office in Berlin or the customer’s registered office, at our discretion. Otherwise the legal regulations will apply.
§ 13 Final provisions
If individual provisions of these General Terms and Conditions of Business are ineffective, the remainder of the contract will continue to be effective. The relevant legal regulations will apply instead of the ineffective provision.