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

July 2022

§ 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 print@home tickets for the event.

2.3 Your contract partner is Kulturprojekte Berlin GmbH (hereinafter Kulturprojekte Berlin).

§ 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 Kulturprojekte Berlin, it is in the interests of Kulturprojekte Berlin 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 Kulturprojekte Berlin 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 Kulturprojekte Berlin;

c) to sell online tickets to third parties without the express prior permission Kulturprojekte Berlin 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 Kulturprojekte Berlin 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 Kulturprojekte Berlin may demand from you payment of a contract penalty for each case of culpable contravention of the prohibitions set forth in clause 3.1. 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 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 Lange Nacht der Museen Berlin 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. 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 Kulturprojekte Berlin 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 Kulturprojekte Berlin 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 Kulturprojekte Berlin. 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 Kulturprojekte Berlin (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 Kulturprojekte Berlin. The name of each third party must be on their ticket. Persons who have acceded to the contract with Kulturprojekte Berlin 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 Kulturprojekte Berlin 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 Kulturprojekte Berlin is not obliged to ask for these documents to be shown at the door to check the entitlement of the ticketholder. Kulturprojekte Berlin 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 Kulturprojekte Berlin (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 Kulturprojekte Berlin, 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 Kulturprojekte Berlin, the consent of Kulturprojekte Berlin 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 Kulturprojekte Berlin, 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 Kulturprojekte Berlin;

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 Kulturprojekte Berlin 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 Kulturprojekte Berlin 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. Kulturprojekte Berlin 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

The names of persons to whom tickets are issued may not be changed and tickets are not transferable.

§ 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, Kulturprojekte Berlin 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, Kulturprojekte Berlin 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.

The prices are inclusive of statutory VAT.

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

§ 8 Delivery periods

Once you have completed the process for ordering the event tickets (print@home), the tickets will be sent to you by email straight away within a few hours.

If you had not received confirmation of the order within three working days, this may be due to a technical error. It is up to you to notify Kulturprojekte Berlin 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: shop@lange-nacht-der-museen.de

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

§ 10 Payment

Invoices issued by Kulturprojekte Berlin are immediately due and payable once the order process is completed. The method of payment selected in the order process will be selected as the means of payment.

§ 11 Cancellation by the event organiser

Kulturprojekte Berlin 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. You may not claim compensation for damages.

§ 12 Data privacy

The personal data of ticket purchasers are (automatically) collected, processed and used in compliance with data protection law within the scope necessary for performing the contract (see Privacy Policy).

§ 13 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.