Terms & Conditions

 

Terms and conditions of the TV-Turm Alexanderplatz Gastronomiegesellschaft mbH

Allgemeine Geschäftsbedingungen der TV-Turm Alexanderplatz Gastronomiegesellschaft mbH als .pdfprintable version

Provider

TV Turm Alexanderplatz Gastronomiegesellschaft mbH
Panoramastraße 1A
D-10178 Berlin
Managing Directors: Christina Aue, Jean Paul Ferroud

Phone 030 / 24 75 75 0
Fax number 030 / 24 75 75 37
info@tv-turm.de

Register Courts: AG Berlin-Charlottenburg
Register number: 96 HRB 41197
Sales tax identification number: DE 137 1832 12
Tax number: 37/015/00233

1. Scope:

The following terms and conditions apply for all reasonable contractual relationships between the TV Tower catering Gesellschaft mbH - hereinafter referred to as TV Tower GmbH - and its customers.

Terms and conditions of the customer, which deviate von the following provisions, are expressly rejected. With the order, the customer acknowledges the terms and conditions for the respective valid version alone decisive for the contractual relationship.

2. Products:

a) The purchase of a ticket for visiting the Berlin TV Tower entitles the holder to one-time admission to the Berlin TV Tower. The ticket loses its validity when leaving the Berlin TV Tower. The children of holders of VIP tickets and day tickets will be granted free entry to the Berlin TV Tower, if they have not yet reached the age of 4, and are accompanied by their parents or guardians.

b) The TV Tower GmbH offers via the Web Shop gift certificates, VIP and day tickets. For all VIP tickets and day tickets exists a booking limitation maximum of ten tickets per booking process and period. On re booking by the customer, the time window is open again. The customer is liable for the booked and by him printed online ticket. In case of loss, theft, or misuse, no refund is made by the TV Tower GmbH.

c) The TV Tower GmbH offers tickets via its service bureau. The customer is responsible for the TV Tower GmbH sent (online or by mail) booking confirmation, the ticket is redeemed through the presentation of the booking confirmation at the box office the Berlin TV Tower. In case of loss, theft, or misuse, no refund is made by the TV Tower GmbH.

d) The TV Tower GmbH offers day tickets and VIP tickets at the box office of the Berlin TV Tower. The customer is liable for the ticket purchased. In case of loss, theft, or misuse, no refund is made by the TV Tower GmbH.

3. Contract:

a) The contract for purchasing tickets is concluded exclusively between the TV Tower GmbH and the customer. The Customer authorizes the TV Tower GmbH with the execution of the contracts. When selling in its own name and for its own account to other customers, the TV Tower GmbH reserves the right to withdraw for the period of 30 days after the conclusion.

b) Sale over the Internet:

The range of goods on the Web site of the TV Tower GmbH represents no binding offer of the TV Tower GmbH to conclude a purchase contract. The customer will only be prompted by the representation to make an order through an offer.

aa) Voucher purchase:

A Voucher may be selected from the range between different voucher types. With the Voucher purchase of tickets, the number of persons must be stated.

The value of the voucher for the restaurant can be entered individually. In addition, the voucher can be personalized.

After selecting the voucher, purchase the customer advances through clicking "continue" to the next page. After entering, the shipping and billing address the customer will be guided to the order summary by the clicking of the "continue“ button.

The order can only be placed and delivered when the customer confirms the acknowledgment of the Privacy Policy, the Terms and Conditions and cancellation policy, accepts them and declares to agree and expressly requires that the TV Tower GmbH to begin with the execution of the contracted services before the end of the cancellation period and that he is in knowledge, thereby losing his right of cancellation. By clicking the button "order to pay it", the order process is complete.

Before submitting the order, the data can be viewed again and corrected by clicking the button "Change", by clicking of the button „pay order" the customer is advanced to the site of Saferpay to select the desired payment method. After entering the payment and the individual data the operation can be completed by clicking the button "Pay.“

bb) Online ticket purchase

For online ticket purchase, the customer will be advanced to a booking portal of the TV Tower GmbH by clicking the button „buy tickets online“. After selecting, the number of persons, the Ticket, and the desired period a summary window opens with the tickets selected. Here, the data can be checked, and corrected. After confirmation by clicking on the button "input confirm" the available methods of payment are displayed to the customer. The information of the shipping and billing address is to be specified after clicking on the button "continue". An overview of the order appears after clicking on the button "next". Here you can validate the previous input and select the method of payment. The correction of input errors is possible in the reappearing window, which can be reached by pressing the return button of the browser.

The order can only be placed and delivered when the customer confirms the acknowledgment of the Privacy Policy, the Terms and Conditions, cancellation policy and accepts them and declares to agree and expressly requires that the TV Tower GmbH begins with the execution of the contracted services before the end of the cancellation period and that he is in knowledge, thereby losing his right of cancellation.

By clicking the button "order to pay", the order process is complete. The customer is advanced to the site of Saferpay to select the desired payment method. After entering the payment and the individual data the operation can be completed by clicking the button "Pay“.

After the payment process at Saferpay the customer must return to the online shop, otherwise the payment cannot be registered in the system. The sites of Saferpay should not be left with "Exit" or the "X" button.

cc) Events

event tickets are offered at the site. After clicking the button "Book" and entering the desired number of tickets and clicking the field "continue“, the customer must enter his or her personal data. After clicking, the buttons „continue“, The customer is taken to an order summary. The order can only be issued if the customer confirmed acceptance of the Privacy Policy, the Terms, and Conditions explained to agree and expressly requires that the TV Tower GmbH begins before the end of the cancelation period with the execution of the contracted services and he is in knowledge, thereby losing his right of cancellation. By clicking the button "order to pay", the ordering process is completed.

Before submitting the order, the data can be re-viewed and "Change" by clicking the button corrected.

By clicking the button "order to pay", the customer is taken to the site of Saferpay to select the desired payment method. After entering, the method of payment and the individual data the process can be completed by clicking the "Pay" button.

The terms and conditions can be read at any time via the Internet browser, printed, or stored on the local computer.

The TV Tower GmbH confirms receipt of the customer's order by sending an e-mail. This confirmation is not yet accepting the offer by the TV Tower GmbH. You are only informed of the receipt of the order.

The acceptance is done by sending the voucher or ticket or an explicit declaration of acceptance.

The customer can save the text of the contract on the computer, by clicking the right mouse button or print it using the print function of the browser. The contract text for orders in the online shop is not accessible for the customer. The contract will be filed by the TV Tower GmbH.

The contents of the contract and the terms and conditions are being sent to the customer at contract confirmation or upon dispatch of the tickets or voucher.

c) In the case of telephone bookings of tickets via the service bureau of TV Tower GmbH, the customer submits his personal information including credit card number to book a VIP tickets or other ticket type of TV Tower GmbH. By confirming the booking and sending, a confirmation of the booking online or by mail the Berlin TV Tower accepts the offer. The reservation is thus binding, cancellation is not possible. No warranty is assumed for the accuracy of the data transmitted from the customer by telephone.

d) Reservations for events are only binding with signing of the contract by the TV Tower GmbH. Oral confirmations must be made within 7 days of receipt of the contract by the client / organizer (hereafter referred to as Customer) and be confirmed in writing. Differing arrangements or agreements must be made in writing.

If the customer is not at the same time the organizer or his representative, he is liable to the TV Tower GmbH towards the organizer as joint debtors. The TV Tower GmbH is entitled to demand a prepayment. If an advance payment has been agreed, the contract is only valid after receipt of the advance payment amount on the account of the TV Tower GmbH. The TV Tower GmbH reserves the right to terminate the contract of the event without notice if the agreed advance payment amount is not received within the period specified in the contract even after a grace period to be set by the TV Tower GmbH.

Option dates are binding for both parties. The TV Tower GmbH reserves the right, to offer the reserved rooms for rent after the agreed deadline, without requiring a further message to the customer.

This contract is only legally effective through legally binding signatures from the TV Tower GmbH and the client. The TV Tower GmbH holds only within the agreed option period to the contractual offer attached. Should the contract signed by the Customer of the TV Tower GmbH not be available up to this point, the offer is ineffective.

4. Prices and payment:

a) The indicated prices contain the legal value added tax. For the shipping of vouchers purchased through the Internet page of the TV Tower GmbH be a charge of € 4.50 for postage and packaging will be added.

b) For contracts for catering services or events invoices are payable within 14 days from the invoice date. When ordering, the billing address, company's legal representative, and the trade register number must be indicated. The TV Tower GmbH is entitled to request an estimated advance payment from the client.

c) In case of telephone bookings, an advance credit card payment is to be made by the customer after conclusion of contract. When purchasing tickets at the box office of the Berliner TV Tower, payment to be made by credit card, in cash or by voucher. For online purchase, the customer is only shown the accepted payment methods (credit cards (MasterCard, Visa) and GIROPAY) during the order process.

Payments on account require a prior written agreement.

d) Purchased tickets cannot be exchanged nor refunded. Exceptions to this are at the sole discretion of the TV Tower GmbH.

e) A resale of tickets to any third party without the prior written consent of the TV Tower GmbH. Otherwise, the TV Tower GmbH reserves the right to refuse admission.

5. Shipping:

a) The online tickets are provided to the customers as a print@home tickets. After successfully completed payment, the customer receives his ticket in PDF format via email and can print to print himself or herself. Shipping via mail does not take place.

b) The dispatch of the vouchers is done daily during office operation. The delivery time is 2-4 days. There are 4.50 € Shipping and packaging costs.

If the customer is the consumer, the TV Tower GmbH, carries the transit risk. If the customer is an entrepreneur, he carries all risks and dangers of the shipment once the goods have been handed over by the TV Tower GmbH to the contracted delivery company. Shipping is handled by the German Post AG.

6. Cancellation policy:

Right of cancellation:

You have the right to cancel this contract within fourteen days without von reasons.

The cancellation period is fourteen days in the case of a service contract from the day of conclusion of the contract, in the case of a contract of sale from the date on which you or a third party, appointed by you, which is not the carrier, have taken the goods in possession.

To exercise your right of cancellation, you must inform the
TV Turm Alexanderplatz Gastronomiegesellschaft mbH
Panoramastraße 1A
D-10178 Berlin
Telefonnummer 030 / 24 75 75 0
Telefaxnummer 030 / 24 75 75 37
info@tv-turm.de

by a clear statement (e.g. a consigned by post mail, fax or email) of your decision to cancel this contract. You may use the attached cancelation form which is not mandatory, however.
In order to observe the cancelation period it is sufficient that you submit the notice of the right of withdrawal before the cancelation deadline.

Effects of cancellation:

If you cancel this contract, we will return all the payments we received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, of standard delivery), immediately at the latest within fourteen days from the date on which the notice of cancellation of the contract is received by us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case, you will not be charged any fees for this repayment.

We may withhold the reimbursement until we have received the goods or until you have demonstrated that you have returned the goods, whichever is the earlier.

You have to return the goods promptly and in any event, no later than within fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days.

You bear the direct cost of returning the goods.

You only need to pay for a possible loss in value of the goods, their properties, and functioning due to unnecessary handling is proven.

In the event you requested that the services would commence during cancellation period, you have to pay a reasonable amount, up to the date by which you notified us about the cancellation of this contract, for the service already provided estimated on the total value of the contract.

According to § 312 g Section 2 No. 9 of the Civil Code, the right of cancellation does not exist, to contracts for the provision of services related to leisure activities if the contract for the provision providing for a specific date or time period. The sale of tickets for the ascent to the TV Tower at a fixed date therefore corresponds to no cancellation.
Each order of admission is binding and obligated to pay the ordered tickets

7. Cancellation policy:

a) Tickets:
A cancellation of booked tickets of any kind - is not possible. In case of non-utilization, the ticket expires. Unutilized tickets can be returned to TV Tower GmbH in exchange for a ticket to another appointment with prior approval of the TV. This is especially true for non-use of tickets due to a late arrival at the entrance of the Berlin TV Tower. Upon redemption of the forfeited tickets in exchange for new, the customer is not entitled to immediate access. The access date for the new ticket will be recalculated by the system. Please note that each ticket loses its validity past 10 minutes (for travel group’s max. 15 minutes) of the calculated access time if it was not redeemed

This particularly applies do not use von tickets caused by a delayed appearance at the entrance of the Berlin television Tower. At withdrawal of expired tickets in Exchange for new, the customer is not entitled to immediate admission. The entry deadline for the new ticket is re-calculated by the system. Please keep in mind that every ticket expires 10 minutes maximum (for travel group’s max. 15 minutes) after the calculated time of the access, if it was not resolved until then.

b) Events:
Cancellation by the customer must be in writing and no later than four weeks prior to the event are free of charge. If canceled up to 3 weeks prior to the event the customer will be billed 30% of all services specified in the contract, for cancellations up to 2 weeks prior to the event 50% and in case of cancellation up to 1 week prior to the event 80% of all services listed.

The services billed to the client accounts are to be paid within a period of 14 days to the account of TV tower GmbH.

The customer has the right to prove that absolutely no loss or less considerably loss was incurred by the TV Tower GmbH. The customer declares his agreement through his signature that the already made deposits may be charged with the resulting cancellation fees

In the case of force majeure (fire, strikes, etc.), events with political character, cult character, or sales events, where the contents of the event were not previously communicated to the TV Tower GmbH, as well as for the case that through the event presents a danger for the TV Tower GmbH or its employees and/or guests, the TV Tower GmbH reserves the right to cancel the contract without notice. A customer's right of claims for damages - of whatever type - is not applicable.

If the contracting customer is more than once is in default in payment to the TV Tower, the TV Tower GmbH has the right to terminate the agreement with a notice period von 5 days or alternatively to require prepayment from the customers.

8. Scope of Services and obligations for contracts concerning gastronomic services and events at the premises of the TV Tower GmbH:

The provided rooms are to be cleared immediately after the agreed end of the event and returned. Otherwise, the TV Tower GmbH reserves the right to add a half day room hire charge. The Assembly and disassembly von exhibitions and similar events must be carried out by the customers. Storage of event equipment is not possible. Where appropriate, arrangements can be made with the TV Tower GmbH Service Office and require written confirmation. In any case, the TV Tower GmbH excludes any liability for any objects stored may be with her etc., unless the damage is due to gross negligence or willful breach of contract on its part or its legal representatives or agents. In all events, the TV Tower GmbH reserves the right to relocate events to other premises if necessary. The customer will be informed immediately.

The customer must inform the TV Tower GmbH no later than 72 hours before the event in writing of the final number of participants as well as any changes in the scope of gastronomic services. The number of participants mentioned previously is binding and downward deviations can be considered free of charge only up to 5%. Any further variation shall always be borne by the customer.

The customer is liable for damages or loss of equipment or inventory, caused during an event, without the need for a proof of fault by the TV Tower GmbH. This does not apply if damage or loss is the responsibility of the TV Tower GmbH.

The pasting of walls, the driving of nails, hooks, etc. in walls, ceilings, floors, and furnishings of the TV Tower GmbH is prohibited. Any damage resulting from non-compliance is charged to the customer on the part of the TV Tower GmbH in invoice and are payable by him.

The TV Tower GmbH will charged corkage fee for the serving of drinks etc., which are associated with the customer. Any agreements for the customer to bring their own food or drinks require the approval in writing of TV Tower GmbH.

Should disruptions or defects occur in the technical equipment made available by the TV Tower GmbH, they will take immediate remedial action. A reduction of the payment is not to be derived.

As far as the TV Tower, GmbH provides technical or other equipment from third parties for the organizer, acting in the name and on behalf of the customer. The customer is responsible for the careful handling and proper return and provides the TV Tower GmbH from any claims of third parties arising from the use of such equipment.

TV Tower GmbH commits itself to inform the Client in due time about any closing days or days with limited operations

It is the customer’s responsibility to arrange any necessary insurance of the introduced exhibition and decorative objects. The TV Tower GmbH is liable for such items according to the principles of free custody pursuant to §690 BGB. After that, the TV Tower GmbH shall only be responsible for the care which she maintains in her own affairs.

All necessary regulatory approvals and registrations for the implementation of the event must be obtained by the customer at his own expense. The customer is responsible for the registration and payment of fees to GEMA, as well as in the case of the implementation of a raffle, for the registration at the lottery authorities of the Treasury. Damages or similar, resulting from a possible failure of the customer go fully at the expense of the customer

A request for changes of the design, amenities, and seating at the event can only be made if an agreement has been reached about the cost. This also applies to the gastronomic offer.

The marked emergency exits must not be adjusted or restricted. The staff of the TV Tower GmbH is always authorized to instruct.

Publications, of any kind, where the TV Tower GmbH specifically mentioned, require the prior written consent of the TV Tower GmbH. If a publication is without this consent, the TV Tower GmbH reserves the right, to cancel the event at short notice. The customer bears the costs and possible claims for damages.

9. Liability / Compensation:

Unless hereinafter otherwise determined, compensation claims of the customer are excluded. If the customer claims against legal representatives and / or agents of the TV Tower GmbH the aforementioned exclusion also applies.

This does not include claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract are necessary.

Also excluded from the liability, the liability for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives, or agents.

Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

The TV Tower GmbH explicitly informs all visitors that the ring, on which the tables are mounted in the restaurant, rotates. This area is therefore please to be entered with caution. Parents are asked to please pay particular attention to their children.

10. Guarantee / warranty:

Statutory warranties rights apply.

A guarantee is not explained by the TV Tower GmbH.

11. Access Restrictions:

For the safety of customers, the TV Tower GmbH carries out checks on persons and asks for understanding that no items listed below are allowed in the Berlin TV Tower, in particular, no bottles, cans or other containers with liquids. Otherwise, the TV Tower GmbH must dispose of them for security reasons. A claim for restitution or compensation is expressly excluded.

Access to the Berlin TV Tower is prohibited with

- Food and beverages of any kind
- Animals of any kind (except guide dogs)
- Baby strollers, skateboards, scooters, bicycles, large pieces of luggage, suitcases trolleys, etc. - weapons, dangerous materials (such as glass bottles, gas pressure vessels, Fireworks, etc.)

For security reasons, all visitors to the Berlin TV Tower must declare their agreement with a bag control in the access area to the Tower. Bags and larger pieces of baggage can be stored free on the orders of the security forces.

There is a strict smoking ban throughout the building of the Berlin television Tower.

Children under 14 years have only access to the Tower, when accompanied by an adult.

Due to the existing structural conditions in the Berlin TV Tower, and to ensure the safety of visitors in case of evacuation, for Wheelchair users, and people with current disability, such as Persons which without assistance or without aids such as crutches, etc. unable to move, the access is not possible.

The admission ticket must be kept during the entire duration of the visit and presented on request to employees / employees of the TV Tower GmbH or the security forces.It is also needed to leave the Berlin television tower. People who do not have a ticket might be asked to leave the tower.

The TV Tower GmbH reserves the right to suspend access to the tower at any time and without prior notice in case of von dangers or security reasons. In this case, already purchased tickets will be refunded. A refund of any travel costs, etc. is expressly excluded.
Regular closing times for renovations, etc. can be viewed on the website www.tv-turm.de.

12. Further consumer information regarding Distance selling contracts:

The Customer can obtain essential characteristics of the goods or services offered as well as the validity of limited offers in the individual product descriptions.

The TV Tower GmbH reserves the right in principle to change the assortment and offer prices of the current range at any time.

Any error in submitting the order can be detected and corrected in the final confirmation before checkout, using the delete and change function at any time before sending the order.

The TV Tower GmbH is subject to no special codes of conduct.

The Language for the conclusion of the contract is exclusively German.

13. Data protection:

The TV Tower GmbH handles the personal customer data in compliance with the law applicable to the contract privacy policy. The data will be collected to the extent necessary for the contract in the automated process, processed, and used. The customer allows the TV Tower GmbH to submit these data to third parties responsible for the implementation of the contract, insofar as this is necessary, so that the contract can be fulfilled.

From time to time, the agents and / or employees / of the TV Tower GmbH, will take photos, video and / or other recordings in the Berlin TV Tower. The visitor declared his agreement that these recordings can be used for advertising even if he may be part of these recordings.

14. Assignment and pledging ban:

The assignment or pledging of claims or rights due to the TV Tower GmbH by customers is excluded without the consent of the TV Tower GmbH, unless the customer has a legitimate interest in the assignment or pledge.

15. place of jurisdiction / choice of law:

For all disputes, arising from the contractual relationship between the customer and the TV Tower GmbH jurisdiction is the seat of the TV Tower GmbH, if the customer is not consumer.

Applicable law is that of the Federal Republic of Germany. The choice of law excludes the mandatory consumer protection regulations of the country, in which the customer has his habitual residence. United Nations Convention on Contracts for the International Sale of Goods, CISG shall not apply.

16. Place of fulfilment:

As far as the customer is a businessman, the place of performance for all disputes arising from this contract for both parties is Berlin / Germany.

Status: June 2014