Terms & Conditions

 

Terms and conditions of the TV-Turm Alexanderplatz Gastronomiegesellschaft mbH

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

Supplier

TV Turm Alexanderplatz Gastronomiegesellschaft mbH
Panoramastraße 1A
D-10178 Berlin

Managing Directors authorised to represent the company:
Christina Aue, Jean Paul Ferroud

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

Court of registration: Berlin-Charlottenburg District Court
Registration number: 96 HRB 41197
VAT ID number: DE 137 1832 12
Tax ID number: 37/015/00233

1. Scope:

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

Terms and conditions of the customer which deviate from the following provisions are expressly rejected. By placing an order, the customer acknowledges that only the current version of the terms and conditions shall apply 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 on departure from the Berlin TV Tower. The children of VIP and standard ticket holders will be granted free entry to the Berlin TV Tower if they are aged 3 or under and are accompanied by their parents or guardians.

b) TV Turm GmbH supplies gift certificates, VIP and other tickets via the Web Shop. There is a booking limit for all VIP and standard tickets of a maximum of ten tickets per booking process and time period. When the customer makes another booking, the time period is open to them once again. The customer is liable for the online ticket they have booked and printed. TV Turm GmbH shall not give a refund in cases of loss, theft, or misuse.

c) TV Turm GmbH supplies tickets via its customer service office. The customer is liable for booking confirmation sent by TV Turm GmbH via email or post, which may be redeemed in exchange for a ticket by presenting it at the Berlin TV Tower ticket purchase desk. TV Turm GmbH shall not give a refund in cases of loss, theft, or misuse.

d) TV Turm GmbH supplies VIP and standard tickets at the Berlin TV Tower ticket purchase desk. The customer is liable for the ticket purchased. TV Turm GmbH shall not give a refund in cases of loss, theft, or misuse.

3. Contract:

a) The agreement for purchasing tickets is concluded exclusively between TV Turm GmbH and the customer. The customer authorises TV Turm GmbH to implement agreements. When selling in its own name and on its own behalf to other customers, TV Turm GmbH reserves the right to cancel within a period of 30 days after the sale is concluded.

b)Sale over the Internet

The offer of goods on the TV Turm GmbH website does not represent a binding offer to conclude a purchase agreement on the part of TV Turm GmbH. The content only invites the customer to make an offer by placing an order.

aa) Voucher purchase

A voucher may be selected from a range of different voucher types. When purchasing ticket vouchers, the number of people must be given.

The value of a restaurant voucher can be chosen by the customer. The voucher can also be personalised.

Once the voucher has been selected, the customer advances to the next page by clicking “Continue”. Once the shipping and billing address have been entered, the customer shall access the order summary by clicking “Continue”.

The order can only be placed and transmitted once the customer has confirmed their acknowledgment of, accepted and declared their agreement with the Privacy Policy, the Terms and Conditions and cancellation policy, and expressly asks TV Turm GmbH to begin execution of the contracted services before the end of the cancellation period and that they are acting in the knowledge that they thereby lose their cancellation rights. By clicking the “Confirm payment” button, the customer completes the order process.

Before submitting the order, the data can be viewed again and corrected by clicking the "Change" button. When the customer clicks “Confirm payment”, they shall be redirected to the Saferpay site select the desired payment method. After entering the payment method and their personal payment details, the operation can be completed by clicking the "Pay” button.

bb) Online ticket purchase

For online ticket purchase, the customer will be advanced to a TV Turm GmbH booking portal by clicking the ”Buy tickets online” button. Once the number of people, the ticket type and the desired time period has been selected, a summary window with details of the selected tickets will open. The details can be reviewed and corrected in this window. Once the customer has confirmed their details by clicking on the "Confirm details" button, the available payment methods are displayed to them. Once the customer has clicked “Continue”, the shipping and billing address details must be entered. When the “Continue” button is next clicked, an order summary appears. The previous details can be corrected here and the payment method can be selected. Incorrect details can be corrected in the window which reappears. This can be achieved by clicking the browser’s “Back” button.

The order can only be placed and transmitted once the customer has confirmed that they have acknowledged, accepted and declared their agreement with the Privacy Policy, the Terms and Conditions and the Cancellation Policy and expressly requests that TV Turm GmbH begins execution of the contracted services before the end of the cancellation period and that they are acting in the knowledge that they are thereby losing their cancellation rights. The order process is complete when the button “Confirm payment” is clicked.
The customer is redirected to the Saferpay website to select the desired payment method. Once the customer has entered the payment method and their personal details, the operation can be completed by clicking the "Pay” button.

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

cc) Events

Event tickets are supplied on the website. Once they have clicked the "Book" button, entered the desired number of tickets and clicked "Continue”, the customer must enter their personal details. Once they have clicked the “Continue” button, the customer is taken to an order summary. The order can only be placed once the customer has confirmed that they have acknowledged, accepted and agreed with the Privacy Policy, the Terms and Conditions and the Cancellation rights expressly requests before the end of the cancellation period that TV Turm GmbH begins execution of the contracted services agreement and that they are acting in the knowledge that they are thereby losing their cancellation rights. The order process is complete when the button “Confirm payment” is clicked.
Before the order is submitted, the details can be reviewed and corrected by clicking “Change”.

Once they have clicked the “Confirm payment” button, the customer is redirected to the Saferpay website to select the desired payment method. Once the customer has entered the payment method and their personal details, the operation can be completed by clicking the "Pay” button.

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

TV Turm GmbH confirms receipt of the customer's order by sending an e-mail. This confirmation does not yet constitute acceptance of the order by TV Turm GmbH. It only confirms that the order has been received.

Acceptance is confirmed by sending the voucher or ticket or an explicit confirmation of acceptance.

The customer can save the text of the agreement on the computer by right-clicking or print it using the print function of the browser. The text of the agreement for orders in the online shop is not accessible to the customer. The text of the agreement will be kept on record by TV Turm GmbH.

The contents of the agreement and the terms and conditions are sent to the customer agreement on confirmation of the agreement or upon dispatch of the ticket or voucher.

c) When booking tickets by telephone via the TV Turm GmbH customer service office, by submitting their personal details, including their credit card number, to book a VIP or other type of ticket TV Turm GmbH, the customer thereby extends the offer to conclude an agreement to TV Turm GmbH. By confirming the booking and sending a booking confirmation online or by post, the Berlin TV Tower accepts the offer. The booking is therefore binding and cancellation is not possible. No liability is assumed for the accuracy of the data provided by the customer by telephone.

d) Event bookings are only binding agreement once the agreement has been signed by TV Turm GmbH. Oral confirmations must be confirmed again in writing within 7 days of receipt of the agreement by contractor/event organiser (hereinafter referred to as the customer). Differing side arrangements or agreements must be made in writing. If the customer is neither the event organizer nor their representative, they, along with the event organiser, are liable to TV Turm GmbH as joint debtors. TV Turm GmbH is entitled to demand payment in advance. If an advance payment has been agreed, the agreement is only valid once the advance payment amount has been received into the bank account of TV Turm GmbH. TV Turm GmbH reserves the right to terminate the event agreement without notice if the agreed advance payment amount has not been received within the period specified in the agreement or after a grace period to be set by TV Turm GmbH.

Proposed reservation dates are binding for both parties. TV Turm GmbH reserves the right to offer the reserved spaces for hire after the agreed deadline without having to further inform the customer.
This agreement is only made legally valid by legally binding signatures from TV Turm GmbH and the customer.
TV Turm GmbH only commits to the offer in the agreement within the agreed time period. Should TV Turm GmbH’s agreement not be signed by the customer by this point, then the offer is no longer valid.

4. Prices and payment:

a) The prices indicated contain the statutory value added tax. A charge of €4.50 for postage and packaging will be added for the delivery of vouchers purchased on the TV Turm GmbH website.

b) For agreements for catering services or events, invoices are payable in full within 14 days of the invoice date. The billing address and, in the case of companies, the legal representative, and the commercial registration number must be given when ordering. TV Turm GmbH is entitled to request an advance payment from the customer to an amount suggested by them.

c) For purchases by telephone, the customer shall make a credit card payment agreement in advance once the agreement is concluded. For purchases made at the Berlin TV Tower ticket purchase desk, payment is made by credit card, in cash or with a voucher. For online purchases, only the payment methods shown to the customer during the payment process (credit cards (MasterCard, Visa) and GIROPAY) are accepted. Payments on account require a prior written agreement.

d) Purchased tickets cannot be exchanged or refunded. Exceptions to this are at the sole discretion of TV Turm GmbH. If access to the tower is denied, the ticket price paid by the customer will be refunded when the ticket is returned.

e) Resale of tickets to any third party requires the prior written consent of TV Turm GmbH. Otherwise, TV Turm GmbH reserves the right to refuse admission.

5. Delivery:

a) Online tickets are provided to customers as print@home tickets. Once the payment process has been completed successfully, the customer shall receive their ticket in PDF format via email and can print it themselves. Postal delivery is not available.

b) Vouchers are delivered during usual office hours.
The delivery time is 2-4 days. Postage and packing costs of €4.50 apply.

If the customer is a consumer, TV Turm GmbH shall bear responsibility for loss or damage in transit. If the customer is a company, the customer shall bear responsibility for all risks and dangers of delivery once the goods have been passed on by TV Turm GmbH to the contracted delivery company.

Delivery is handled by Deutsche Post AG.

6. Cancellation policy:

Cancellation rights

You have the right to cancel this agreement within fourteen days without providing reasons.

The cancellation period is fourteen days from the day of conclusion of the agreement for service agreements or, in case of a contract of sale, from the date on which you or a third party, appointed by you, which is not the carrier, has/have taken the goods in possession.
To exercise your cancellation rights, you must send a clear declaration of your decision to cancel this agreement (e.g. in the form of a letter sent by post, by fax or by email) to the following address:

TV Turm Alexanderplatz Gastronomiegesellschaft mbH
Panoramastraße 1A
D-10178 Berlin

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

You may use the cancellation form attached. However, this is not mandatory.

In order to observe the cancellation period, it is sufficient for you to give notice that you intend to exercise of your cancellation rights prior to the cancellation deadline.

Consequences of cancellation

If you cancel this agreement, we will return all the payments we received from you, including delivery costs (with the exception of the additional costs arising from your selection of a type of delivery other than the standard, most cost-effective delivery selected by us), immediately and within a maximum of fourteen days from the date on which we receive notice of cancellation of the agreement from you. For this repayment, we use the same payment method that you used for the initial transaction, unless you expressly agree otherwise; in any case, you will not be charged any fees for this repayment.

We may withhold the repayment until we have received the goods from you or until you have demonstrated that you have returned the goods, whichever occurs first.

You must return the goods promptly and, in any event, no later than within fourteen days of the date on which you inform us of the cancellation of this agreement. The deadline is met if you return the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You must only pay for a possible loss in the value of the goods if this can be attributed to inappropriate handling of the goods during inspection of their properties, features and properties.

In the event that you request that services commence during the cancellation period, you must pay a reasonable amount which corresponds to the proportion of the services already provided based on the total estimated value of the services in the agreement prior to the date by which you notified us of the cancellation of this agreement.

According to Section 312 g Sub-section 2 No. 9 of the German Civil Code, cancellation rights do not exist for agreements for the provision of services related to leisure activities if the agreement arranges for provision for a specific date or time period. Therefore, the sale of tickets for entry to the TV tower on a fixed date signifies that there are no cancellation rights.
Each ticket order is therefore binding and requires payment for the tickets ordered.

7. Cancellations:

a) Tickets
Cancellation of booked tickets of any kind is not possible. In case of non-use, this is forfeited. Unused tickets can be returned to TV Turm GmbH in exchange for a ticket for another date with prior approval of TV Turm GmbH. This is particularly true for non-use of tickets due to late arrival at the entrance of the Berlin TV tower. On returning the forfeited tickets in exchange for new tickets, the customer is not entitled to immediate access. The entry date for the new ticket will be recalculated by the system. Please note that each ticket becomes invalid a maximum of 10 minutes (15 minutes for tour groups) after the calculated entry time if it has not yet been redeemed.

b) Events
Customer cancellations must be made in writing and are free of charge until no later than four weeks prior to the event. For cancellations until 3 weeks prior to the event, the customer will be billed for 30% of all services specified in the agreement, for cancellations until 2 weeks prior to the event, they will be billed for 50%, and in case of cancellation until 1 week prior to the event, they will be billed for 80% of all services listed.
The basis for the calculation is the number of people given on conclusion of the contract. The services billed to the customer are to be paid within a period of 14 days into the account of TV Turm GmbH.

The customer is entitled to prove that TV Turm GmbH incurred no damages whatsoever or significantly lower damages. By providing their signature, the customer declares their consent to the resulting cancellation fees being offset against deposits they have already paid.

In the case of force majeure (fire, strikes, etc.) for events of a political, cult or sales nature, whose subject was not previously communicated to TV Turm GmbH, as well as in cases where the event presents a danger for TV Turm GmbH or its employees and/or guests, TV Turm GmbH reserves the right to cancel the agreement without notice. for the customer shall not be entitled to claim damages of any kind.
If the contractor has to be reminded more than once that they are in default of payment to TV Turm GmbH, TV Turm GmbH has the right to terminate the agreement with a notice period of 5 days or alternatively to require advance payment from the customers.

8. Scope of services and obligations for agreements concerning catering services and events on TV Turm GmbH premises:

The spaces provided must be cleared and returned immediately after the agreed end of the event. Otherwise, TV Turm GmbH reserves the right to add a half-day room hire charge. The assembly and dismantling of 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 TV Turm GmbH customer service office. These require written confirmation. In any case, TV Turm GmbH accepts no liability for any objects stored on their premises etc., unless the damage is due to gross negligence or wilful breach of agreement on its part or on the part of its legal representatives or agents. In any case, TV Turm GmbH reserves the right to relocate events to other premises if necessary. The customer shall be informed immediately thereof.

The customer must inform TV Turm GmbH of the final number of participants as well as any changes in the scope of catering services in writing no later than 72 hours before the event. The number of participants mentioned previously is binding and downward deviations can be considered free of charge only up to 5%. Any further variations 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 TV Turm GmbH to provide proof of fault. This does not apply if damage or loss is the responsibility of TV Turm GmbH.

It is not permitted to paste items to walls or drive nails, hooks, etc. into walls, ceilings, floors, and furnishings of TV Turm GmbH. Any damage resulting from non-compliance is charged to the customer by TV Turm GmbH and are payable by them.

TV Turm GmbH will charge a corkage fee for the serving of drinks etc. which are brought by the customer. Any agreements for the customer to bring their own food or drinks require the approval in writing of TV Turm GmbH.

Should disruptions or defects occur in the technical equipment made available by TV Turm GmbH, it shall take immediate remedial action. This will not result in a reduction in price.

Insofar as TV Turm GmbH provides technical or other equipment from third parties for the organiser, it acts in the name and on behalf of the customer. The customer is responsible for the careful handling and proper return of the equipment and releases TV Turm GmbH from any claims of third parties arising from the use of such equipment.

TV Turm GmbH undertakes to inform the Customer in due course about any days when it is closed or when its operations are limited.

It is the customer’s responsibility to arrange any necessary insurance for exhibition and decorative items. TV Turm GmbH is liable for such items according to the principles of free custody pursuant to Section 690 BGB. Accordingly, TV Turm GmbH shall only be responsible for the care which it maintains in its own affairs.

All necessary regulatory approvals and registrations for the implementation of the event must be obtained by the customer at their own expense. The customer is responsible for the registration and payment of fees to GEMA [the German society for musical production rights], and for registration with the lottery authorities of the tax authority, should a raffle be being held. Damages or similar resulting from possible negligence on the part of the customer shall be fully at the customer’s expense.

A request to change the design, amenities, and seating at the event may only be made if an agreement has been reached on the cost. This also applies to the catering arrangements.

The marked emergency exits must not be adjusted or restricted. TV Turm GmbH staff are always authorised to issue instructions.

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

9. Liability/compensation:

Unless hereinafter otherwise stipulated, customer compensation claims are not possible. Should the customer make a claim against legal representatives and/or agents of TV Turm GmbH, the aforementioned exclusion of liability shall also apply.

This does not include claims for damages due to injury to life, limb, health, and claims for damages due to a breach of major agreement obligations. Major agreement obligations are those whose fulfilment is required in order to achieve the objective of the agreement.

Liability for damages based on a wilful or grossly negligent breach of duty by the supplier, their legal representatives, or agents are also exempt from the exclusion of liability. The provisions of the Product Liability Act (ProdHaftG) remain unaffected.

TV Turm GmbH expressly informs all visitors that the ring on which the tables are mounted in the restaurant rotates. We therefore ask visitors to enter this area with caution. Parents are asked to pay particular attention to their children.

10. Warranty/guarantee:

Statutory warranty rights apply.

TV Turm GmbH provides no guarantee.

11. Access restrictions:

For customer safety purposes, TV Turm GmbH carries out security checks on persons and bags. All of the objects listed below may not be taken into the Berlin TV Tower, particularly bottles, cans or other liquid containers. Otherwise, TV Turm 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, trolley suitcases, etc.
- weapons, dangerous materials (such as gas pressure vessels, glass bottles, fireworks, etc.)

For safety reasons, all visitors to the Berlin TV Tower must consent to security checks of their person and bags in the tower entrance area. Bags and larger luggage items can be stored free on the orders of the security staff. If the visitor refuses these checks, TV Turm GmbH may deny them access to the tower.

There is a strict smoking ban throughout Berlin TV tower building.

Children under 14 years of age may only access to the Tower when accompanied by an adult.

Due to the existing structural conditions in the Berlin TV Tower, in order to ensure the safety of visitors in case of evacuation, wheelchair users, and people who currently have limited mobility, such as those who are unable to move without assistance or aids such as crutches, etc., are not permitted to access the tower.

Customers must keep their entry ticket throughout the entire duration of the visit and present it on request to TV Turm GmbH employees or security staff. It is also required to leave the Berlin TV Tower. People who do not have a ticket may be asked to leave the tower.

TV Turm GmbH reserves the right to suspend access to the tower at any time and without prior notice in case of risks or for safety reasons. In this case, tickets which have already been purchased will be refunded. A refund of any travel costs, etc. is expressly excluded. Information on regular closing times for renovations etc. can be accessed on the website www.tv-turm.de.

12. Further consumer information regarding distance selling agreements:

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

As a rule, TV Turm GmbH reserves the right to alter the selection 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 the order is submitted.

TV Turm GmbH is not subject to any special codes of conduct.

The language for the conclusion of the agreement is exclusively German.

13. Data protection

TV Turm GmbH handles personal customer data in compliance with data protection provisions applicable to the agreement. The data is collected in the automated process, processed and used to the extent required for the agreement. The customer authorises TV Turm GmbH to submit this data to third parties responsible for the implementation of the agreement, insofar as this is necessary for the agreement can be fulfilled.

From time to time, the agents and/or employees of TV Turm GmbH, will take photos, video and/or other recordings in the Berlin TV Tower. The visitor hereby agrees that he may feature in these recordings, which may be used for advertising.

14. Assignment and pledging:

The assignment or pledging of claims or rights due to TV Turm GmbH by customers is not permitted without the consent of TV Turm GmbH, unless the customer demonstrates 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 TV Turm GmbH, the place of jurisdiction is the registered headquarters of TV Turm GmbH, if the customer is not a consumer. The law of the Federal Republic of Germany shall apply. The choice of law excludes the mandatory consumer protection regulations of the country in which the customer has their usual residence. United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

16. Place of performance:

If the customer is a contractor, the place of performance for all disputes arising from this agreement for both parties to the agreement is Berlin/Germany.

Date of latest revision: January 2015