Terms and conditions of the TV Tower Alexanderplatz Gastronomiegesellschaft mbH
1. Area of application
The following terms and conditions apply to all reasonable contractual relationships between the TV Turm Gastronomiegesellschaft mbH - hereinafter referred to as TV Turm GmbH - and its customers.
T&Cs of the customer that vary from the following regulations will be explicitly rejected. With the order the customer accepts the T&Cs in their current version as the only determining factor for the contract.
a) The purchase of a ticket to visit the Berlin TV tower will entitle the holder to one admission to the Berlin TV tower. The ticket to the Berlin TV tower is no longer valid upon departure. Children of VIP ticket holders and day ticket holders, under the age of four are granted access free of charge when accompanied by a parent or guardian.
b) The TV Turm GmbH offers gift certificates, VIP and day tickets via the online store. A booking limit of ten tickets per booking and time window exists for all VIP tickets and day tickets. For another booking the time window opens again. The customer is responsible for the booking made by him and for the printed E-ticket. In case of loss, theft or misuse, no refund will be made by the TV Turm GmbH.
c) The TV Turm GmbH provides tickets via the reservations office. The customer is liable for the sent booking confirmation (online or by mail), which must be redeemed for a ticket on presentation at the Berlin TV tower ticket desk. In case of loss, theft or misuse no refund will be made by the TV Turm GmbH.
d) The TV Turm GmbH offers day tickets and VIP tickets at its ticket desk .The customer is personally responsible for the ticket purchased by him. In case of loss, theft or misuse no refund will be made by the TV Turm GmbH.
a) The contract for the purchase of tickets exists exclusively between the TV Turm GmbH and the customer. The customer commissions the right for the handling of contracts to the TV Turm GmbH. The TV Turm GmbH reserves the right of withdrawal for 30 days after contracting on any sale made in the customer’s name and on the customer’s own account to another party.
b) Online sales
The range of goods on the website of the TV Turm GmbH is not a binding offer of the TV Turm GmbH to conclude a contract. Through the presentation the customer is merely invited to submit an offer through an order.
aa) Voucher purchase
When purchasing vouchers, different types of vouchers can be chosen. When purchasing entry ticket vouchers, the number of people visiting must be stated.
The value of the voucher for the restaurant can be entered individually. In addition, the voucher can be personalised.
After selecting the voucher type, the customer reaches the next page by clicking "continue". After entering the shipping and billing address the customer is led to an order summary by clicking "continue".
Before submitting the order, the data can be viewed again and corrected. By clicking "order requiring payment", the customer is passed on to the Saferpay site to select the preferred payment method. After entering the payment method and the individual data, the process can be completed by clicking "pay".
bb) Online ticket purchase
By clicking "buy tickets online", the customer is led to the TV Turm GmbH reservation page in order to purchase online tickets. After selecting the number of people, the ticket type and the required time, a summary window opens with the already selected tickets. The data entered can now be checked and corrected. After confirming the order by clicking "confirm settings", the available payment methods will be shown. After clicking "continue", the information for the shipping and billing address must be stated. After clicking "continue" a summary of the order appears. The entered data can be viewed and the payment method can be selected. Before submitting the order, the data can be viewed again. The correction of input errors is possible by clicking the return button of the browser in the newly opening window.
The terms and conditions can be read at any time via the Internet browser, printed, or saved to the local PC.
The TV Turm GmbH acknowledges receipt of the customer's order by sending an e-mail. This acknowledgment does not represent an acceptance of the offer by the TV Turm GmbH. It simply informs the customer of the receipt of the order.
Acceptance of the offer takes place by sending the vouchers or tickets, or a declaration of acceptance.
The customer can save the contract to the computer by clicking the right mouse button of the browser or print it using the print function of the browser. The contract is not accessible to the customer when ordering in the online shop. The contract will be saved by the TV Turm GmbH.
c) For telephone bookings of tickets via the TV Turm GmbH reservation office, the customer submits the offer to conclude a contract by providing his personal information including credit card number to book a VIP ticket or any other type of ticket offered by the TV Turm GmbH. By confirming the booking and online dispatch or shipping of the booking confirmation, the TV Turm GmbH accepts the offer. The booking is binding, a cancellation is not possible. The TV Turm GmbH takes no responsibilty for the correct transmission of data given during the phone order.
d) Reservations for events are not final until a contract is signed by the TV Turm GmbH. Verbal confirmations must be re-confirmed in writing within 7 days of receipt of the contract by the client / organiser (hereafter referred to as customer). Divergent secondary agreements must be in writing.
If the customer is not at the same time the organiser or his agent, he is jointly liable togteher with the organiser to the TV Turm GmbH as total debtors. The TV Turm GmbH is entitled to ask for a payment advance. If an advance has been agreed, the contract only becoms valid after the advance payment amount has been received on the account of the TV Turm GmbH. The TV Tower reserves the right to cancel the contract without notice if the agreed advance payment is not made within the payment period stated on the contract or after a payment extension set by the TV Turm GmbH.
Option dates are binding for both parties. The TV Tower reserves the right to rent the reserved rooms to someone else without any further message to the customer after expiration of the agreed deadline.
This contract will only become legally effective by legally binding signatures from the TV Turm GmbH and the customer. The TV Turm GmbH only holds itself bound to the contract offer within the agreed option deadline. If the signed contract has not ben passed on to the TV Turm GmbH by the end of this deadline, the offer is ineffective.
4. Prices and payment:
a) The prices include VAT. The sending of vouchers that were purchased through the website of the TV Turm GmbH, amounts to a further € 4.50 postage and packaging costs.
b) For contracts over food and beverage services or events invoices are payable within 14 days from the invoice date without deduction. In case of default of payment, the usual overdue fines plus interest will be charged. When ordering the billing address, the legal representative and the trade register number must be stated. The TV Turm GmbH is entitled to require from the client an advance payment and is entiteld to set the value of such payment.
c) For telephone bookings, the payment will be made as an advance payment by the customer after contracting with a credit card. When purchasing tickets at the box office of the Berlin TV tower, the payment is to be settled by credit card, cash or voucher. For online purchases only those payment methods are accepted that are being shown to the customer during the order process.
Invoice payments require a prior written agreement.
d) Purchased tickets cannot be exchanged or refunded. Exceptions to this are at the sole discretion of the TV Turm GmbH.
e) A re-sale of tickets to third parties requires a prior written consent of the TV Turm GmbH. Otherwise the TV Turm GmbH reserves the right to refuse admission.
f) A customer's right of setoff exists only if a claim has been established or is not disputed.
g) Until full payment of the purchase price, all supplied goods remain the property of the TV Turm GmbH.
a) The customer receives online tickets as print@home tickets. After successful completion of the payment process, the customer receives his tickets as PDF via email that can be printed by himself. Postal delivery will not occur.
b) The dispatch of vouchers happens daily on workdays.
4 working days are to be expected when sending vouchers.
€ 4.50 postage and packaging costs will occur.
If the customer is consumer, the TV Turm GmbH bears the dispatch risk. If the customer is a contractor, all risks and dangers of the shipment pass on to the customer as soon as the shipment has been handed over to the contracted delivery company.
Right of cancellation
You can cancel your contract within 14 days without giving any reasons via text (e.g. letter, fax, e-mail) or - if the goods are delivered before the deadline - by returning the goods. The deadline begins after receiving this notice in written form, but not before the products are received by the recipient (in case of recurring deliveries of similar goods not before the receipt of the first partial delivery) and also not prior to our obligation of information according to Article 246 § 2 in connection with § 1 paragraph 1 and 2 of the EGBGB, as well as our duties according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The cancellation period is observed by timely sending the cancellation notice or dispatching the goods.
The cancellation shall be submitted to:
TV Tower Alexanderplatz mbH catering company
Panorama Road 1A
Fax number 030/24 75 75 37
Consequences of cancellation
In the case of an effective cancellation, the mutually received benefits and any benefits (e.g., interest) shall be surrendered. If the received services or products cannot be returned, (e.g. use) or only in deteriorated condition or in part, you are obliged to pay compensation.
This can cause you to fulfill your contractual payment obligations for the period up to cancellation.
For damage and derived benefits, you must pay only compensation, if the damage is due to improper use or caused by usage beyond the usual product testing. "Testing" refers to the common testing procedure, such as in local stores.
Goods that are suitable for parcel shipment shall be returned at our risk. The customer covers the cost of return shipments, if the delivered goods were those that were ordered, and if the price of the returned goods does not exceed the amount of €40, or in case of a higher price, the payment or a contractually agreed partial payment has not been provided in the time frame of the cancellation.
Otherwise, the return is free of charge.
Goods that are not suitable for parcel shipment will be picked up from your home address.
Obligations to reimburse payments must be fulfilled within 30 days. The time limit for you starts when you send your cancellation or return the goods. The time limit for us starts when the goods are received.
Your right of cancellation expires prematurely, if the contract is fulfilled by both sides on your specific request, unless you have exercised your right of cancellation.
End of cancellation policy
NOTE TO THE EXCLUSION OF CANCELLATION AND RIGHTS OF RETURN IN THE EVENT OF TICKETS PURCHASE
The provisions on distance contracts are in accordance with § 312b par 3 No. 6 BGB and do not apply to contracts for the provision of services in the areas of recreation. With the sale of tickets for the ascent to the TV tower at a certain time you shall have no right of withdrawal.
Each order of ticket is binding and obligates to pay the ordered tickets.
7. Cost apportionment in the case of the right of withdrawal:
The customer covers the cost of return shipments, if the delivered goods were those that were ordered, and if the price of the returned goods does not exceed the amount of €40, or in case of a higher price, the payment or a contractually agreed partial payment has not been provided in the time frame of the cancellation. Otherwise, the return is free of charge.
8. Cancellation Policy:
Cancellation of booked tickets of any kind is not possible. If the ticket is not being used it expires. Any unused tickets can be exchnaged at the ticket counter for tickets at another date only with prior approval of the TV Turm GmbH. This applies especially for unused tickets due to late arrival at the Berlin TV tower. With the return of the expired tickets in exchange for new ones, the customer has no right to immediate access. The entry time for the new ticket is calculated by the system again. Please note that each ticket loses its validity after a maximum of 10 minutes (for groups 15 minutes) of the calculated access time.
Cancellation by the customer must be given in writing and are free of charge until two weeks prior to the event. After that time, the customer will be billed the ordered service less 20% of non-performed service and must be paid within a 14 day deadline to the account of the TV Turm GmbH.
The customer reserves the right to prove that the TV Turm GmbH has received absolutely no damage or considerable less has been created. The customer declares his agreement with his signature to offset already paid deposits with any occuring cancellation fees.
In the case of violent (fire, strikes, etc.), events of a political character, sects or sales events in which the content was not previously reported to the TV Turm GmbH and in case the event bears risk to the TV Turm GmbH and / or its employees and / or guest, the TV Turm GmbH reserves the right to cancel the contract without notice. The customer has no rights to claims for damages of any kind.
If the client has delayed payment to the TV Turm GmbH more than once, the TV Turm GmbH has the right to terminate the contract given a notice of 5 days or alternatively require advance payment from the customer.
9. Scope and obligations for contracts relating to catering services and events in the premises of the TV Turm GmbH:
The rooms provided need to be left and handed back immediately after the agreed end of the event. Otherwise, the TV Turm GmbH reserves the right to charge an additional half days room rental. The assembly and dismantling of exhibitions and similar events is to be carried out by the customer. Storage of event material is not possible. If necessary, alternative arrangements must agreed with the service office of the TV Turm GmbH and confirmed in writing. The TV Turm GmbH is not liable for any stored items, as long as the damage is not due to gross negligence or willful breach of contract by the TV Turm GmbH or its legal representatives or agents. For all events, the TV Turm GmbH reserves the right to relocate events to other premises if necessary. The customer will be notified immediately.
The customer needs to give written notice of the final number of participants and any changes to the scope of catering services to the TV Turm GmbH at least 72 hours before the event starts. The previously mentioned number of participants is binding and downwards deviations can only be considered free of charge for up to 5%. Any further changes must be paid by the customer.
The customer is libale for any damage to or loss of equipment or furnishings caused during an event without requiring a proof of fault by the TV Turm GmbH. This does not apply if damage or loss result from the areas of responsibility by the TV Turm GmbH.
The pasting of walls, hammering nails, hooks, etc., in walls, ceilings and floors, and furnishings of the TV Turm GmbH is prohibited. Any damage from the customer will be billed to the customer.
The TV Turm GmbH calbulates the corkage and service of drinks, etc., provided by the customer. Any agreement on this subject as well as the approval of customer’s own supply of food and drink require written confirmation by the TV Turm GmbH.
Should disruptions or defects occur to the technical equipment provided by the TV Turm GmbH, corrective action will be taken immediately. A reduction of the payment will not occur. As far as the TV Turm GmbH hires technical or other equipment from third parties to provide to the customer, it acts on behalf of the customer. The customer is responsible for the careful handling and orderly return and releases the TV Turm GmbH from all claims of third parties arising from the provision of these facilities.
The TV Turm GmbH is required to timely inform its customers of any closed days or days with limited service.
Any insurance required for brought in exhibitions and decoration materials are the responsibilty of the customer. The TV Turm GmbH is liable for such items according to the principles of free storage in accordance with § 690 BGB. After that, the TV Turm GmbH is only responsible for the care which it maintains in its own affairs.
Any regulatory approvals and registrations required to hold an event need to be obtained by the customer at his on expense. In particular, the customer is responsible to apply and pay fees to the GEMA, as well as in the case of conducting a raffle registering with the responsible lottery office of the tax office. Damages or similars that result from a possible failure of the customer have to be covered completely by the customer.
A change request on the day of the event in terms of furnishings, equipment and seating arrangements can be made only if an agreement regarding the costs can be made. This also applies to the food and drink offer.
Marked fire exits must not be obstructed or restricted. The staff of the TV Turm GmbH is authorised to issue principle.
Publications of any kind, where the TV Turm GmbH is mentioned by name, require the prior written consent of the TV Turm GmbH. If the publication occurs without such consent, the TV Turm GmbH reserves the right to cancel the event at short notice. Resulting costs and possible damages will be billed to the customer.
10. Liability / Damages:
Unless otherwise specified below, compensation claims by the customer are not possible. If the customer claims against legal representatives and / or agents of the TV Turm GmbH the disclaimer also applies to these.
This does not include claims for damages because of injury to life, limb, health, and claims for damages from the breach of contract. Considerable contractual obligations are those whose performance is necessary in order to achieve the objective of the contract.
Also excluded from liability, is the liability for damages caused by an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.
Provisions of the Product Liability Act (Liability Act) remain unaffected.
The TV Turm GmbH explicitly points out to all the visitors that the ring, on which the tables in the restaurant are mounted revolves.This area is to be entered with caution. Parents pay special attention to their children.
Unless otherwise specified below, the warranty rights of the customer follow the general law.
The statutory limitation period for warranty claims by the customer, if the customer is also the consumer, is 2 years for new products and 1 year for used goods.With regard to companies, the limitation period for newly manufactured items and used items is 1 year. The above reduction of the period of limitation does not apply to compensation claims by the customer due to an injury to life, limb, health, and claims for damages for breach of contract. Considerable contractual obligations are those whose performance is necessary in order to achieve the objective of the contract, e.g. the TV Turm GmbH is required to hand over the goods to the customer free of material defects and shortcomings and hand over full ownership. The above reduction of the limitation also does not apply to claims for damages based on intentional or grossly negligent breach of duty by the TV Turm GmbH, its legal representatives or agents. With regard to companies also excluded from the reduction of the limitation is the recourse under § 478 BGB.
A guarantee is not explained by the TV Turm GmbH.
For the safety of the customer, the TV Turm GmbH carries out bag checks and asks for understanding that all items listed below should not be taken to the Berlin TV tower, in particular, no bottles, cans or other containers containing liquids.Otherwise, the TV Turm GmbH will dispose of them for security reasons. A claim for return or compensation is explicitly excluded.
Access to the Berlin TV tower is prohibited with
- food and beverages of any kind
- animals of any kind (except guide dogs)
- prams, skateboards, scooters, bicycles, large pieces of luggage, suitcases, trolleys, etc.
- weapons, dangerous substances (e.g. gas pressure vessels, glass bottles, fireworks, etc.)
For security reasons, all visitors to the Berlin TV tower have to agree to a bag check in order to gain access to the tower. Bags and large pieces of luggage can be stored free of charge at the order of the security staff.
There is a strict smoking ban throughout the entire building of the Berlin TV tower.
Children under age 14 can only gain access to the tower when accompanied by an adult.
Due to the existing structural conditions of the Berlin TV tower, and as a result to ensure the safety of visitors in case of an evacuation, wheelchair users and people with mobility problems, i.e. people who are not able to walk without help or without aids such as crutches, etc., can currently not be granted access to the tower.
The admission ticket must be retained throughout the duration of the visit and at the request of the staff / employees of the TV Turm GmbH or the security staff is to be presented. It is also required in order to leave the Berlin TV tower. People who cannot provide a ticket on request will be asked to leave the TV tower.
The TV Turm GmbH reserves the right to close the tower in the event of imminent danger or safety reasons at any time without prior notice. In this case, already purchased tickets will be refunded. A refund for any travel costs, etc. is explicitly excluded. Regular closing times for repairs, etc. can be checked on www.tv-turm.de.
13. Further consumer information regarding on distance contracts:
Key characteristics of the goods or services offered and the period of limited offers can be found in the individual product descriptions.
The TV Turm GmbH reserves the right to change the range and the offer prices of the current range at any time.
The TV Turm GmbH reserves the right to not perform the promised services in the event of their unavailability or to provide a similar service of the same quality and price. In this case, the customer is informed immediately of the unavailability.
Any typing errors in placing the order can be detected in the final confirmation from the cash register and using the delete and change function before sending the order corrected at any time.
The TV Turm GmbH has no specific code of conduct.
The available language for the conclusion of the contract is German.
The TV tower GmbH processes the personal customer data in compliance with the data protection provisions applicable to the contract. The data is collected, processed and used in the volume required for the contract in an automated procedure. The customer allows the TV Turm GmbH to pass on any data to third parties involved in the exeuction of the contract to the extent necessary to ensure that the contracts can be fulfilled.
From time to time, the agents and / or employees inside the TV Turm GmbH will conduct photo and / or video recordings and other records, if necessary, or make recordings in Berlin's television tower. The customer already declares his acceptance to this and to possibly be part of these recordings, which can be used for advertising.
15. Assignment and pledging ban:
Excluded is the assignment or pledge of the customer of claims or rights towards the TV Turm GmbH without the consent of the TV Turm GmbH, unless the customer has a legitimate interest in the assignment or pledge.
16. Jurisdiction / Choice of Law:
For all disputes arising from the contractual relationship between the customer and the TV Turm GmbH the jurisdiction is the domicile of the TV Turm GmbH, provided that the customer is not a consumer. Applicable law is that of the Federal Republic of Germany. The mandatory consumer protection provisions of the customer’s country of residence are except from the choice of law. The UN CISG is not applicable.
17. Place of performance:
Where permitted by law, place of performance and jurisdiction for all disputes arising under this agreement for both parties in Berlin / Germany.