General Terms and Conditions
These General Terms and Conditions form the basis for the use of the offers/events of the Stiftung Schloss und Park Benrath, including the online sale of admission tickets, guided tours, goods and other services.
§ 1 Scope of Application
(1) The following General Terms and Conditions (hereinafter: GTC) apply to all business relationships between the
Stiftung Schloss und Park Benrath
Benrather Schloßallee 100-108
(hereinafter referred to as the "Foundation") and the Customer for all uses of the Foundation's offers, all deliveries and services ordered online, and for the use of the online service itself.
(2) Regulations that deviate from these GTC shall not be recognized. Exceptions are regulations to which the Foundation expressly agrees in writing.
(3) Insofar as the Customer has the opportunity to make use of services provided by third parties within the framework of the Foundation's offers (e.g. within the framework of the online service), no contractual relationship shall be established between the User and the Foundation. The use of such services is based on a separate contract between the user and the respective provider.
§ 2 Registration
(1) Within the scope of using the online service, the customer must personally fill out all data fields marked as necessary completely and correctly and transmit his data to the Foundation for storage (registration). For this purpose, an access password is to be determined.
(2) The transmitted data can be completely deleted at any time at the request of the customer (deletion of the customer account).
(1) Insofar as personal data (e.g. name, address or e-mail addresses) is collected on our pages, the Foundation shall comply with all data protection regulations, in particular the provisions of the Federal Data Protection Act and the Telemedia Act. The Foundation will only collect, process or use personal inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the utilization and billing or for the dispatch of goods and/or newsletters.
(2) In addition, the Customer's data shall only be stored if the Customer gives its consent to this electronically; this consent can be withdrawn at any time.
(3) The entity responsible for the Customer's personal data is the Benrath Palace and Park Foundation, Benrather Schloßallee 100-108, 40597 Düsseldorf, Germany.
(4) You have the possibility at any time to ask the Foundation for the data stored about you, to have them changed or deleted. For this purpose, please contact the address datenschutz[at]schloss-benrath.de.
(5) In addition, the Foundation expressly points out that
a. the use of the service may result in the storage of so-called cookies on the customer's Internet access device. If these files are not automatically deleted by the Internet access device or the browser used after the end of use, it is recommended that this deletion be carried out manually on a regular basis.
b. in the context of data transmission via open networks, complete security of the transmitted data against unauthorized access by third parties cannot currently be guaranteed from a technical point of view.
(6) The Foundation will not use personal data for the purposes of advertising, market or opinion research or pass them on to third parties without the consent of the Customer.
§ 4 Conclusion of contract
(1) By clicking on "Place order" or "Buy ticket" or similar, the customer submits a binding offer to the Foundation to conclude a contract for the purchase or use of all products and services in the shopping cart.
(2) In the case of ticket purchases, acceptance vis-à-vis the Customer shall be effected by sending a booking confirmation by e-mail to the address provided by the Customer. The sending of a further receipt by mail does not take place in principle.
(3) In the case of orders for goods and bookings/reservations for guided tours or similar, the Foundation shall send an e-mail to the Customer with which the Foundation merely confirms receipt of the order or booking/reservation. This confirmation does not constitute an acceptance of the Customer's offer, but is only intended to inform the Customer that the Foundation has received the order or booking/reservation. A purchase contract is only concluded when the Foundation sends the ordered goods to the Customer or confirms the dispatch to the Customer with a second e-mail; in the case of booking/reservation of guided tours or similar, this can be done by sending the invoice, among other things.
(4) The Foundation is entitled to cancel an order of the Customer for which a transaction number has already been assigned (unilateral right of cancellation) if the Customer violates specific terms and conditions established by the Foundation, which were pointed out during the pre-sale, or attempts to circumvent them (e.g. violation of limitation of ticket quantity per Customer, violation of the document terms and conditions, in particular of resale prohibitions, attempted circumvention through registration and use of multiple user profiles, etc.). The declaration of cancellation/withdrawal can also be made impliedly by crediting the amounts paid. The aforementioned right of withdrawal is subject to §§ 346 ff. BGB are applicable to the exclusion of § 350 BGB.
§ 5 Right of withdrawal
(1) In the case of a contract for products that are not admission tickets, tickets for guided tours, workshops or other timed events, this is a distance selling transaction within the meaning of § 312 b BGB. The customer shall be entitled to a right of revocation in accordance with the following provisions:
(2) The customer may revoke his contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, e-mail) or - if the item is handed over to the customer before the deadline - also by returning the item.
(3) The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery). The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period.
(4) The revocation by returning the goods shall be addressed to:
Benrath Palace and Park Foundation, Benrather Schloßallee 100-108, 40597 Düsseldorf.
Otherwise, the revocation is to be sent
by mail to the Stiftung Schloss und Pak Benrath, Benrather Schloßallee 100-108, 40597 Düsseldorf, Germany
by e-mail to email@example.com
Consequences of revocation:
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the customer is unable to return or surrender the received performance and benefits (e.g. advantages of use) in whole or in part or only in a deteriorated condition, the customer shall compensate the Foundation for the loss of value. The customer shall only be liable to pay compensation for the deterioration of the item and for any benefits derived from it if the benefits or the deterioration is attributable to handling of the item that goes beyond the testing of its properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a retail store, for example. Goods that can be shipped by parcel are to be returned at the risk of the Foundation. The customer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for the customer. Items that cannot be sent by parcel post will be collected from the customer. Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of his notice of revocation or the item, for the Foundation with its receipt.
In the case of a service, the right of revocation shall expire prematurely if the contract has been completely fulfilled by the customer and the Foundation at the customer's express request before the customer has exercised his right of revocation.
(5) The right of revocation does not apply to distance contracts
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
§ 6 Admission tickets / vouchers / coupons (hereinafter only admission tickets)
(1) Admission tickets entitle the holder to admission on the date selected by the customer or to the event/offer selected by the customer. Time specifications on daily and basic tickets refer only to the beginning of the execution of the castle tour. The previous and subsequent time spent in the Foundation's other museums within the framework of regular opening hours remains unaffected.
(2) Tickets sent electronically must be printed out by the user on DIN A4 paper and presented on request as proof of payment before entering the respective event.
(3) Reduced-price or free admission tickets are only valid in conjunction with the corresponding authorization card. This must be shown to the security personnel.
(4) Any commercial resale of tickets without the prior consent of the Foundation is prohibited. The Foundation reserves the right to exclude persons who violate the aforementioned prohibition from purchasing admission tickets in the future.
(5) The current prices of admission tickets can be found in the Foundation's information materials. The Foundation expressly reserves the right to change prices.
(6) The Foundation reserves the right to make changes to the scope of services offered by the admission tickets; in particular, the number of participating museums, the number of possible offers or the amount of other services, in particular discounts, may vary. The above changes, as well as organizational changes (temporary closure, closure of business, elimination of the admission fee, general discount, or similar) do not entitle the holder to a reduction in the price of the admission tickets or to withdraw from the contract.
§ 7 Guided tours and other services
(1) Guided tours begin punctually on the date specified by the customer at the time selected by the customer and are limited to a maximum of 25 participants, depending on the tour. Guided tours within the scope of the regular admission price shall begin no later than 5 minutes after the scheduled time.
(2) If the customer is late for individually booked tours, the tour will be shortened by the corresponding time; after 30 minutes, the right to the tour expires. In the case of guided tours within the scope of the regular admission price, the right to participate expires at the start of the guided tour.
(3) Booking confirmations sent electronically must be printed out by the user on DIN A4 paper and presented as proof of payment of the fee before the service is used.
(4) Unless expressly stated otherwise, the price for guided tours and other services does not include the entrance fee.
(5) The Foundation is responsible for appointing an expert guide.
(6) In all other respects, the tour modalities stated on the booking confirmation shall apply.
§ 8 Courses / Guided Tours
(1) Booked courses and guided tours cannot be canceled by the customer, unless otherwise provided for in the statutory right of cancellation or the provisions set out in Paragraph 2.
(2) Cancellation conditions for individually booked guided tours: An individually booked guided tour can be canceled free of charge in text form to the Visitor Service (e.g., e-mail, letter, fax) no later than six weeks in advance. Up to 21 days in advance, an individually booked guided tour can be cancelled upon payment of a cancellation fee of 50 EUR (weekdays) or 75 EUR (weekends) per tour. In case of cancellation less than 21 days before the agreed date, the full participation fee will be due. The same applies in case of no-show at the beginning of the event. The date of receipt of the cancellation by the Foundation is decisive for the calculation; the burden of proof is on the customer.
(3) The Foundation reserves the right to cancel the course/guided tour if demand is too low or due to force majeure (e.g. illness of the course instructor/no available guides). The cancellation should be made no later than one week before the implementation of the booked course / guided tour. In this case, the price and any system fee will be refunded to the customer. The Foundation shall not be liable for any futile expenses or other disadvantages incurred by the customer as a result of the cancellation. The Foundation reserves the right to make minor changes in the course program and to change the course instructor or guide. The age of registered children must correspond to the specified age group for the course, otherwise we reserve the right to refuse the participation of your child.
§ 9 Goods
(1) Pictures used for the description of goods are example photos and do not represent the article true to life in every case. The description of the respective article is decisive.
(2) The purchase of goods for further commercial use is prohibited.
§ 10 Shipping
(1) Admission tickets, booking confirmations and invoices are sent exclusively by electronic means to the e-mail address provided by the customer when placing the order.
(2) Ordered goods will be shipped immediately after receipt of the purchase price.
(3) All risks and dangers of the shipment are transferred to the customer at the time of handover to a transport company to be selected by the Foundation. Shipping costs shall be borne by the customer, unless otherwise agreed prior to shipment.
§ 11 Costs and payment
(1) The price consists of the price for the selected products and, if applicable, postage and service or advance booking fee. Ticket prices may exceed the printed ticket prices. Internet orders are subject to service and shipping charges, which may vary depending on the event. These fees are displayed in the shopping cart when ordering, beyond that there are no other costs not shown.
(2) The prices for admission tickets and guided tours are VAT-exempt according to § 4 No. 20a UStG.
(3) Payment is only possible via the payment methods offered. The total price of the order including all fees is due for payment immediately after conclusion of the contract.
(4) The Foundation generally uses an external service provider to process payments. For payment processing, the general terms and conditions of the respective service provider shall apply in addition to these GTC. Insofar as the respective service provider charges the customer for payment processing, these shall be borne by the customer.
(5) If the Foundation incurs chargeback fees, cancellation fees or other costs due to the fault of the Customer (e.g. insufficient account coverage), the User shall bear these costs. In addition, the Foundation shall charge a processing fee of € 12.50 for each chargeback. The customer shall be free to prove that no damage or only a lesser amount of damage has been incurred.
§ 12 Offsetting, retention
The customer shall only have a right of set-off if his counterclaims have been legally established or are undisputed by the Foundation. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 13 Retention of title
The delivered goods shall remain the property of the Foundation until payment has been made in full.
§ 14 Liability for defects
(1) If supplementary performance has been effected by way of replacement delivery, the Customer shall be obliged to return the goods first delivered to the Foundation within 30 days at the Foundation's expense. The return of the defective goods shall be made in accordance with the statutory provisions. The Foundation reserves the right to claim damages under the conditions regulated by law.
(2) The Foundation shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Foundation shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Foundation shall only be liable for the foreseeable damage typical for the contract. The Foundation shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
(3) The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
(4) Insofar as the liability of the Foundation is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 15 Usage guidelines
With the purchase of an admission ticket and/or participation in offers of the Foundation, the purchaser accepts the usage guidelines of the Foundation.
(1) Admission tickets are not valid as tickets for public transportation.
(2) An admission ticket can only be returned if the event is cancelled by the Foundation or if the event is cancelled for reasons of force majeure (cf. § 8).
(3) In the event of loss of the admission ticket, the Foundation is not obligated to provide compensation.
(4) The Foundation reserves the right to make changes to the announced program schedule or program content, taking into account the interests of the Foundation, insofar as they are reasonable for the visitor. For security and other reasons, certain areas and buildings may be closed during the use of the Foundation's offerings, in particular to protect cultural assets. In such cases, the instructions of the personnel showing themselves must be followed. Insofar as this is reasonable for the visitors, taking into account the interests of the Foundation, they may not derive any claims against the Foundation from such closure. The Foundation reserves the right to cancel or terminate events in the event of extreme weather and for other reasons of force majeure.
(5) Visitors must carry their admission ticket with them during the event and present it upon request.
(6) Recording of images and sound (photos, videos, audio recordings, etc.) indoors and outdoors for commercial purposes is prohibited - exceptions subject to a fee are only possible with the Foundation's approval.
(7) The ticket purchaser/holder/participant agrees that image and sound recordings may be made at any time by the Foundation, its vicarious agents or media partners. With the purchase of the admission ticket and/or with the participation in an event of the Foundation, he/she expressly authorizes the publication of these images in media of all kinds (e.g. newspapers / radio / television / Internet / advertising material, etc.).
8) Bringing food and beverages is not permitted. Exception: food that is required for health reasons. The ticket purchaser accepts admission and bag checks.
(9) It is forbidden to bring glass spray cans, corrosive, flammable, coloring substances or vessels containing substances that are harmful to health or easily flammable, laser pointers and pyrotechnic objects (fireworks, flares, smoke powders and bombs).
(10) Mechanically operated noise instruments such as megaphones and gas pressure fanfares are not permitted on the event premises.
(11) It is forbidden to bring weapons of any kind, including objects that can be used as weapons, cutting, thrusting and stabbing weapons or as projectiles.
(12) The bringing of bottles, cups, jugs, cans or other objects made of glass or any other fragile, splintering or particularly hard material is not permitted.
(13) The sale and/or presentation of goods and services of any kind as well as advertising measures of any kind on the event premises is prohibited - exceptions subject to a fee may only be made with the permission of the organizer.
(14) After dark, only illuminated and recognizably secured event areas, paths and gates are to be used. Leaving the illuminated and recognizably secured paths and gates is at one's own risk.
(15) Theft of and damage to structures, plants, works of art and all other objects on the event grounds will be prosecuted.
(16) In the event of a breach of material contractual obligations, the organizer's liability shall be limited to the typical, foreseeable damage. In all other respects, the organizer shall not be liable. These liability provisions shall also apply to its vicarious agents and assistants.
(17) In the event of any infringement of these Terms and Conditions and the instructions of the appointed order and security personnel, as well as in the event of a general threat to order and security, the event organizer shall be expelled from the event premises. There is no right to reimbursement in these cases. The right to criminal prosecution is expressly reserved.
§ 16 Palace Card
(1) The Palace Card gives the holder free admission to all of the Foundation's museums listed in the website/flyer, including special exhibitions, as well as all of the additional benefits listed in the website/flyer. In addition, the Palace Card family offers further advantages mentioned in the website/flyer.
(2) The Palace Card is generally not valid for events (e.g. concerts, festivals, etc.) of the Foundation. The holder of the Palace Card shall not be entitled to any further benefits exceeding the scope of benefits specified in 1 above.
(3) A contract between the Foundation and the purchaser is concluded when a Palace Card is issued. The Palace Card is valid exclusively for one person to be named (Palace Card family: family = max. 2 adults with all own children under 18 years of age) and is non-transferable. The purchaser bindingly agrees to use the Palace Card exclusively for private purposes. Any commercial resale of the Castle Card without the prior consent of the Foundation is prohibited. The Foundation reserves the right to exclude persons who violate the above prohibition from acquiring the Palace Card in the future. The Foundation is entitled to demand the presentation of the identity card from the Palace Card holder when claiming services. The Palace Card is valid for 12 months from the date of issue.
(4) The current prices of the Palace Card can be found in the Foundation's information materials. The Foundation expressly reserves the right to change prices.
(5) The Palace Card must be kept carefully to prevent misuse. In the event of loss or destruction of the Palace Card, the Foundation must be notified immediately in writing. In the event of loss or destruction of a lock card, there is no entitlement to a free replacement. The Foundation is entitled to terminate the contract without notice for good cause. The Foundation is also entitled to block or confiscate the Palace Card if the period of validity of the Palace Card ends due to expiry or termination or if the Palace Card has been lost.
(7) The Foundation reserves the right to make changes to the catalog of services; in particular, the number of participating museums, the number of participating partner companies or the amount of other services, in particular discounts, may vary. The above changes as well as organizational changes in the museums, partner companies, discounts included in the catalog of services (temporary closure, closure of business, discontinuation of the entrance fee, general discount or similar) do not entitle the holder to a reduction in the price of the Palace Ticket or to cancellation.
(8) The Foundation shall not be liable under the Palace Card contract for any damages suffered by the Palace Card holder while visiting the museums or partner businesses from the service catalog.
(9) The Foundation will announce changes and amendments to these Terms and Conditions in writing and on its website. Likewise, the current museums, partner companies and other services covered by the scope of services, such as discounts, can be found on the website.
§ 17 Applicable law, severability clause
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Should any provision be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to this provision in economic terms. The same shall apply in the event of a contractual loophole.