General Business Terms and Conditions for the OnlineTicketing System for German Oceanographic Museum Foundation
1. Sphere of Validity
The following General Business Terms and Conditions shall be valid for the use of the online ticketing system of German Oceanographic Museum Foundation, represented by Managing Directors Dr. Harald Benke and Andreas Tanschus, Katharinenberg 14-20, 18439 Stralsund for the purchase of admission tickets and/or vouchers for admission tickets as well as event tickets, tickets for guided tours and combo admission tickets for German Oceanographic Museum and for all resulting contractual relationships between German Oceanographic Museum Foundation and the customer. German Oceanographic Museum Foundation shall not recognise any of the customer’s terms and conditions which deviate from these General Business Terms and Conditions. Upon a supplemental basis, the General Business Terms and Conditions of the German Oceanographic Museum shall be valid for the purchase of combo tickets.
The contractual, payment and delivery implementation shall be undertaken by the Becker Billett GmbH Company, Fangdieckstraße 6, 22547 Hamburg on behalf of and for the account of German Oceanographic Museum Foundation. You can review the data protection provisions here.
2. Conclusion of the Contractual Agreement
The contractual offer shall be submitted by the customer by correctly and completely inputting his personal data as well as correctly and completely inputting all required data for payment processing purposes as well as the acceptance of these General Business Terms and Conditions.
German Oceanographic Museum Foundation shall hereby accept the contractual offer by sending a confirmation notification by e-mail. The successful verification and sending of the confirmation e-mail to the customer by German Oceanographic Museum Foundation shall result in the conclusion of the contractual agreement and the sending of the ticket by e-mail to the customer.
Insofar as nothing to the contrary has been expressly stated, all indicated prices are understood to include the respectively valid statutory VAT whereby the right is reserved to make price changes and correct errors.
4. Payment and Payment Processing
Insofar as nothing to the contrary has been prescribed, payment for the admission tickets and vouchers for admission tickets is possible exclusively via credit card as well as Giropay processes. German Oceanographic Museum Foundation shall be entitled to restrict the payment to certain designated credit card providers.
The total price for the order–including all fees and costs–shall be immediately payable upon the conclusion of the contractual agreement.
The admission tickets shall remain the property of German Oceanographic Museum Foundation until payment in full has been made.
German Oceanographic Museum Foundation shall be entitled to commission the services and/or products of third-party providers such as external service providers in order to process the payments and/or receive the payments. Thus, another payment recipient than German Oceanographic Museum Foundation (e.g. Beckerbillet Company) can be designated on the invoice and/or in the corresponding account data.
If a payment should be charged back, German Oceanographic Museum Foundation shall have a claim to the immediate return of the ordered admission tickets and/or shall be entitled, but nonetheless not obliged, to withdraw from the contractual agreement and validate the tickets and/or the bar code that was assigned. The customer must pay compensation to German Oceanographic Museum Foundation for any damages which it suffers as the result of the chargeback. In the event that a chargeback is made, the customer must reimburse the incurred bank fees as well as a processing fee of 5.00 € per chargeback to German Oceanographic Museum Foundation. The customer shall bear the burden of proof that German Oceanographic Museum Foundation has suffered no or lesser damages.
The delivery of the admission tickets shall be made via e-mail with a pdf attachment in the form of a self-printing ticket with a bar code (later also QR code). In this regard, it is necessary for the customer to provide his correct e-mail address on the Internet.
The printout of the ticket (pdf file) that has been sent electronically to the customer’s designated e-mail address shall be considered to be the valid admission ticket. The sending of an additional ticket by post shall not be made.
The delivery of the tickets shall be made only as long as the supply lasts. Damage compensation for late delivery shall be excluded.
If the customer should not have received the confirmation notification with the ticket for printout within 24 hours after booking, then he shall be obliged to promptly notify German Oceanographic Museum Foundation of this. This shall also be valid for any problems when printing out the admission tickets. If the customer fails to do this, claims arising from the loss of the admission tickets shall be excluded unless German Oceanographic Museum Foundation and/or its vicarious agents are responsible for the flawed sending and/or the problems during the printing-out of the admission tickets.
6. Handling the Tickets and Validity of the Tickets
The customer may create only one printed copy of his ordered admission tickets and/or vouchers for admission tickets for the purpose of the contractual usage. The printout of a self-printing ticket shall entitle the customer merely to one-time admission.
The customer shall not be entitled to reproduce, copy and/or alter the ticket.
Any admission ticket which is reproduced in an unauthorised fashion and/or resold in an unauthorised fashion and altered shall not provide entitlement to visit German Oceanographic Museum Foundation. The bar code–which can be used merely one time–on the admission ticket shall be electronically validated by the bar code scanner at the event site. Multiple usages by reproducing the bar code shall be excluded.
German Oceanographic Museum Foundation reserves the right to refuse access to holders of barcode copies and/or holders of admission tickets that have been reproduced in unauthorised fashion. Moreover, German Oceanographic Museum Foundation reserves the right to assert damage compensation claims as well as the right to file criminal charges against customers misusing self-printing tickets. German Oceanographic Museum Foundation shall not assume responsibility for the inconveniences and/or damages caused by the unauthorised reproduction or misuse of admission tickets.
The customer shall be obliged to store the admission ticket and/or the self-printing ticket like cash or conventional admission tickets in a secure location and protect it against misuse. In the event of loss and/or misuse of the admission ticket, German Oceanographic Museum Foundation shall assume no responsibility and pay no damage compensation.
The resale to third parties is expressly forbidden.
Without this having to be requested, documentation for discounts must be presented in addition to a personal ID at the entrance to the museum. If corresponding documentation is not presented, the customer must also pay the difference from the normal price in order to be granted admission.
When purchasing admission tickets or booking event tickets or guided tours with an expiration date, the tickets shall be valid for the day/time of day/timeframe specified on the order.
Admission shall be restricted to the business hours of German Oceanographic Museum Foundation and/or the dates specified on the tickets. The business hours shall be set by German Oceanographic Museum Foundation.
German Oceanographic Museum Foundation shall be entitled to refuse admission if the museum is overcrowded and/or for other safety reasons and/or to prematurely end the visit.
By concluding the contractual agreement, the customer acknowledges the policies of German Oceanographic Museum Foundation as being binding.
7. Right of Rescission and Return
With regards to the sale of admission tickets with a stipulated expiration date, no right of rescission or return upon the part of the customer shall be valid because, in accordance with § 312 b Para. 3 No. 6 BGB [German Civil Code], the directives for distance agreements shall not be valid for contractual agreements for the rendering of services in the area of scheduled recreational events. Each order of such tickets is thus immediately and directly binding upon German Oceanographic Museum Foundation’s confirmation and triggers the obligation to accept and pay for the order.
For the sale of tickets and vouchers for tickets without a stipulated expiration date to consumers, there shall be a 14-day right of revocation subject to the following conditions:
Right of Revocation
The customer may revoke his contractual declaration within 14 days without being required to state reasons for so doing (e.g. letter, fax, e-mail) or–if the goods were surrendered before the timeframe lapsed–by returning the goods. The timeframe shall begin to run upon the receipt of these instructions in textform, but nonetheless not before the goods are received by the recipient and, for the recurring delivery of equivalent goods, not before the receipt of the initial partial delivery and also not before the fulfilment of our notification obligations in accordance with § 246 Para. 2 in conjunction with § 1 Para. 1 EGBGB [Introductory Law to the German Civil Code] as well as our obligations in accordance with § 312 g Para. 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. The prompt sending of the revocation or the goods shall suffice for fulfilling the revocation notice period requirement. The revocation must be sent to
German Oceanographic Museum Foundation, Katharinenberg 14-20, 18439 Stralsund
Fax: 03831 2650 609
The European Commission provides a platform for Online-Streitbeilegung [Online Dispute Resolution] (OS). You can find the platform at ec.europa.eu/consumers/odr/
Consequences of the Revocation
In the event of an effective revocation, the performances received by both parties must be returned and any usage that has been obtained (e.g. interest) must also be returned. If the customer cannot return and/or restore the received service as well as the use (usage advantages), or only partially return and/or restore it or only return and/or restore it in a deteriorated condition, the customer must pay compensation in this regard. For the deterioration of the goods and the benefits obtained, the customer shall pay compensation only insofar as the use or deterioration is attributable to handling the goods which extends beyond the inspection of the features and the functionality. Under inspecting the features and functionality, one understands the testing and trials for a respective set of goods–for example, as is possible and customary in a shop. The customer must assume the standard costs for the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned do not exceed an amount of 40.00 € or, in the event of a higher price for the goods at the time of revocation, the counter-performance or a contractually-agreed partial payment has not yet been made. The obligations to reimburse payments must be fulfilled within 30 days. The timeframe shall begin to run for the customer upon the sending of his revocation notification and/or the goods; for German Oceanographic Museum Foundation, upon its receipt thereof.
German Oceanographic Museum Foundation reserves the right to withdraw from the contractual agreement in the event of obvious pricing mistakes as well as in the case of the impossibility of performance or cases of force majeure. In this case, insofar as this is possible, German Oceanographic Museum Foundation shall promptly notify the customer insofar as the customer has provided a valid e-mail address when making the order and promptly reimburse the customer for the payments which the customer has already made.
8. Operation of the Web Site and/or the Online Shop
German Oceanographic Museum Foundation does not guarantee that the operation of its website and/or the ordering process will not be hindered by disruptions or flaws.
Insofar as this is technically possible based upon reasonable standards, German Oceanographic Museum Foundation shall endeavour to keep the operation of its website unencumbered by defects and disruptions. German Oceanographic Museum Foundation shall not guarantee that the web site will be unencumbered by viruses or other disruption sources and shall assume no liability in this regard.
For bodily injury (loss of life, physical injury and damage to health), German Oceanographic Museum Foundation shall be liable in unrestricted fashion.
For any other damages, German Oceanographic Museum Foundation shall be liable if it has committed fraud, intentional wrongdoing and gross negligence. In the event that it has negligently violated an essential contractual obligation, German Oceanographic Museum Foundation’s obligation to pay damage compensation shall be limited to contractually-typical, foreseeable damages. This shall likewise be valid for the violation of contractual obligations by vicarious agents. Any more extensive claims shall be excluded.
10. Assignment Ban
The assignment of rights and obligations from the Ticket Purchasing Agreement shall only then become effective subject to German Oceanographic Museum Foundation’s written consent. Otherwise, an assignment of any such claims held against German Oceanographic Museum Foundation to third parties shall be excluded. German Oceanographic Museum Foundation shall be obliged to grant its consent if the customer documents a justified interest in the assignment.
11. Final Provisions
For business relationships to entrepreneurs and/or juridical persons under public law, the legal venue for all legal disputes arising from the contractual agreement shall be German Oceanographic Museum Foundation’s commercial residence (Stralsund).
For any business relationships with the customer, exclusively the law of the Federal Republic of Germany shall be applicable. The United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
If one of the aforementioned clauses should, in whole or in part, be invalid, this shall not affect the validity of the remaining clauses or clause components. The invalid provision shall then be supplanted by a replacement provision which corresponds to, or at least most closely corresponds to, the contractual agreement’s commercial intent which the parties would have agreed in order to attain the same economic result if they had known about the invalidity of the provision.
The General Business Terms and Conditions for the OnlineTicketing System of German Oceanographic Museum Foundation shall become effective as of 01/07/2014.
Dr. Harald Benke, Andreas Tanschus
Board of Directors