Contract terms and conditions the “Wiesnzelt” at Stiglmaierplatz Status October 2020
The Booker will here in after be referred to as the ‘Client’, Edition Sportiva GmbH as ES GmbH.
The “Wiesnzelt” at Stiglmaierplatz
It is specifially pointer out that the “Wiesnzelt” at Stiglmaierplatz is located at Löwenbräuareal at Stiglmaierplatz not at Theresienwiese (Oktoberfest grounds)
Binding nature of the reservation
Should the Client not appear by 7.30 p.m. at the latest, ES GmbH is free to release the places if they wish, and they may also cancel the booking.
- Provided that what is concerned for the Client is a User, the liability of ES GmbH in case of slightly negligent breach of duty is limited to the direct average loss that could have been foreseen and is typical in the context of the contract considering the nature of the goods. This also applies to slightly negligent breach of duty on the part of hired persons, employees, representatives or auxiliary assistants of ES GmbH.
- If what is concerned with regard to the Client is an entrepreneur, a legal person according to public law or public law fund assets, claims for damages independent of the nature of the breach of duty, including forbidden actions, are ruled out, as long as intentional or grossly negligent action is not in question. In case of violations of significant contractual obligations, ES GmbH accept liability for all negligence, however only up to the amount of the loss that could have been anticipated. Claims for lost profit, expenditures, from damages claims of third parties as well as claims for other direct and consequential loss cannot be enforced unless a quality characteristic guaranteed by ES GmbH is currently aimed at protecting the Client against such loss.
- To the extent that the liability of ES GmbH and LK Betriebs GmbH is ruled out or limited, this also applies to hired persons, employees, representatives and auxiliary assistants of ES GmbH.
- The liability limitations and exclusions do not apply to claims that arose due to fraudulent behaviour on the part of ES GmbH, or to liability for guaranteed quality characteristics, for claims according to product liability law or loss based on bodily injury or compromise to the body or health.
Every guest/customer must register online at the “Wiesnzelt” at Stiglmaierplatz. If the guest/customer is a natural person, he must have completed his 18th year of life.
The contract goes into effect with the confirmation of the booking request that is binding on the guest/customer.
Depending on the means of payment, the following conditions apply:
- With the direct debiting system, if no creditworthiness exists and therefore a charge back takes place with additional costs, ES GmbH and LK Betriebs GmbH can collect the charge back costs (see Figure 11.d) a second time. Should creditworthiness still not exist, ES GmbH is authorised to cancel the tickets and sell them.
- With regard to an invoice with a request for payment transfer (from abroad), if timely payment (three days after receipt of booking) is observed, ES GmbH is authorised to cancel the tickets and sell them.
Bringing along snacks and beverages
It is forbidden to bring along snacks and beverages.
Bringing along animals
It is forbidden to bring any alive animals.
Infants and Children
Children under the age of 18 are not admitted at the event.
Withdrawal of Edition Sportiva GmbH and LK GmbH
ES GmbH is authorised to withdraw from the contract for economically justified reasons, particularly if:
- Force majeure or other performance hindrances that are not attributable to ES GmbH that cannot be countered by reasonable efforts of ES GmbH and thus make the fulfilment of the contract impossible.
- Despite existing agreements with suppliers of ES GmbH the delivery of the necessary materials is not possible without ES GmbH taking care of this.
- The Provincial Capital of Munich does not grant ES GmbH the permit for the “Wiesnzelt” at Stiglmaierplatz 2020, or revokes it.
Reservation of right
ES GmbH is authorised, bearing in mind the interests of the Client, to make changes in their service to an acceptable extent or to deviate from it in particular: relocating the tables.
All tickets booked up to 31st August 2020 at the latest, will be sent by mail. All bookings/reservations will be accepted up to 31st August 2020, including receipt of payment by this date. Bookings received after 1st September 2020 will not be sent by mail. These tickets can then be directly picked up on the day of the event at the box office at the venue.
After the purchase of tickets there is no cooling-off period and no right to return the tickets for a refund, nor to cancel the binding buying contract.
Should individual conditions of this contract be ineffective or infeasible or become ineffective or infeasible after the conclusion of the contract, this does not compromise the effectiveness of the remainder of the contract.