General Terms and Conditions for the HACHEZ CHOCOVERSUM GmbH, Hamburg

§1 Area of Applicability – Contract Objective

1.       These GTCs (AGB) shall apply for all events offered by the HACHEZ CHOCOVERSUM GmbH. This includes individual guided tours, group tours, events, special events and birthday parties for children.

2.       HACHEZ CHOCOVERUM reserves the right to change or cancel guided tours and events for technical, operational or other reasons without prior notice. If a contract with the customer has already been established, section 6 of these business conditions shall apply.

3.       The General Terms and Conditions shall also apply for products sold in the Chocoversum store (called CHOCO-LADEN).

4.                      Additionally, our online-shop’s GTCs shall also apply for the HACHEZ CHOCOVERSUM GmbH‘s online ticket sales.

5.       These GTCs shall apply exclusively for business transaction with companies, judicial persons under public law and public law special funds pursuant to  § 310 paragraph 1 German Civil Code (BGB). All transactions, including future transactions, are based on these GTCs. The customer’s deviating or supplementary conditions shall not become part of the contractual agreement, unless HACHEZ CHOCOVERSUM GmbH has expressly confirmed the validity in writing. Deviating Terms and Conditions of the customer are hereby expressly opposed.

6.                      We reserve the right to change the GTCs for with effect of the future at any time.

7.       Amendments and additions to contractual agreements and verbal agreements should be made in writing for verification purposes. For business transactions with companies, agreements deviating from the General Terms and Conditions or verbal agreements should also be made in writing. 

§ 2 Contract Execution

1.       Our offers are non-committal.

2.       HACHEZ CHOCOVERSUM is a world of experiences which can only be visited within the framework of a guided tour or another event. Children up to 14 years of age must be accompanied by an adult. In exceptional cases, and at the discretion of the ticket counter employee, a contract for, or with children aged 13 and 14 may be entered upon submission of a supervisory liability release waiver provided by the legal guardian so that the child(ren) can visit HACHEZ CHOCOVERSUM alone. Other events may be subject to additional age restrictions. HACHEZ CHOCOVERSUM reserves the right to refuse admission without offering any additional explanation.

3.       Booking methods

a) Online booking: Booking online is only possible for events (e.g. praline-making workshops, ladies’ nights, etc. – www.chocoversum.de/veranstaltungen/) and for tickets for guided tours. Details regarding the booking and purchasing process can be found in the shop terms and conditions at www. Chocoversum.de.

b) Ticket counter: tickets for guided tours scheduled for specific times and coupons for the visit can be purchased here.

c) Other bookings: All other contractual agreements with individuals and groups, particularly companies, families, children groups or tourist groups for guided tours and events are subject to a binding registration and subsequent confirmation by the HACHEZ CHOCOVERSUM GmbH.

1.       The order confirmation is relevant for the contractual content and the scope of our services.

2.       We are able to accept offer inquiries within 14 days.

3.       The number of participants accepted for events and courses may be limited. Registrations will be considered in the order they have been received, regardless of the booking type. If a registration request cannot be accommodated, the participant will be notified immediately.

4.       We do not guarantee the accuracy of the event dates/times for the HACHEZ CHOCOVERSUM GmbH listed on www.chocoversum.de; misconceptions and typing errors may be possible.  

§ 3 Payment Terms

1.       The payment for booked guided tour or event must be remitted to the account of the HACHEZ CHOCOVERSUM GmbH within 10 days upon receipt of the invoice or paid at the ticket counter prior to begin of the guided tour or event. Payment is considered received after the respective payment has been credited to the account of the der HACHEZ CHOCOVERSUM GmbH. The prices listed are inclusive the currently valid value-tax-added (VAT), (sales tax) and without potential shipping and packaging cost, unless otherwise specified.

2.       The goods sold in the CHOCO-LADEN generally require cash payment. Alternatively, credit card and debit card payments are accepted as well.

3.       The default interest rate for consumers is 5% and for companies 10%. Customers are in arrears not later than 30 days after the due date and receipt if the invoice without further reminders. This only applies to consumers if they have been separately advised of these consequences within the context of the invoice.

§ 4 Cancellations

Pursuant to § 312g paragraph 2 no. 9 BGB, the right to cancel contracts the service provision of leisure time activities is excluded if the contract specifies an exact date or time period. Please understand that we are unable to grant cancellation rights for guided tours and event reserved for a specific date.

Coupons purchased by the consumer at the online shop or via remote sales without a fixed expiration date may be cancelled within fourteen days.

(a) Cancellation Instructions

You have the right to cancel this contract without stating a reason within fourteen days. The cancellation period is fourteen days from the date you, or a third party representative appointed by you, who is not a transportation company has taken custody of the goods. To exercise your cancellation right, you must contact us at  

Hachez Chocoversum GmbH

Meßberg 1

20095 Hamburg

Tel.: 040 - 41 91 23 00

Fax: 040 - 41 91 23 0-20

info@chocoversum.de

 

and provide a clear declaration (e.g. a letter mailed through the postal service, fax or e-mail) conveying your decision to cancel this contract.  

To reserve the cancellation period, it is sufficient to send the notification with the intent to exercise your cancellation right prior to expiration of the cancellation deadline.

(b) Cancellation Consequences

In the event you cancel this contract we must reimburse you for all payments rendered (except for the additional costs incurred by your selection of a different shipping option rather than the standard shipment option) immediately, but not later than within fourteen days from the date we have received your notification to cancel this contract. We will use the account information provided by you for reimbursement purposes, unless specifically otherwise agreed upon with you, in any case, you will not be charged any other fees for this reimbursement. We are entitled to deny reimbursement until the goods have been returned to us or until you have submitted proof that the goods have been returned, depending on which occurs first. You must return, or hand over the goods immediately and in any case not later than fourteen days from the date you have notified us of your intent to cancel the contract. The deadline has been met if you return the goods prior to expiration of the fourteen-day deadline. You shall bear the cost for the return of goods. You will only be responsible for covering the cost for potential loss of value of the goods, if this loss of value can be attributed to your inappropriate handling of the goods with respect to condition, characteristics and functionality.

(c) Specific Notes

Your right to cancel shall expire prematurely, if the contract has been mutually and completely fulfilled upon your express request prior to exercising your cancellation rights.

The right to cancellation does not apply for remote sales contracts,

or delivery of goods, which are not pre-prepared and the production of the aforementioned has necessitated individual selections or requirements of the consumer, or if the goods have been unmistakably customized for the consumer’s personal requirements,

·         for delivery of perishable goods or goods with an expiration date subject to quick expiration,

·         for delivery of sealed goods not suitable or permissible to return due to hygiene or health protection reasons if the seal was removed after the shipment was received,

·         for delivery of sound and video recordings or computer software in a sealed package, if the seal was removed after the shipment was received,

·         for delivery of newspapers, magazines or illustrated literature, except for subscriptions.

-End of the Cancellation Instructions-

 

§ 5 Participant Withdrawal - Cancellation

1.       Cancelling a booked event is possible under the following conditions, whereby different cancellation conditions shall apply for different event categories. In accordance with our cancellation conditions, the admission fee shall be due regardless of the reason of cancellation.

2.       The cancellation request requires text form (e-mail) or written form (fax, letter). The date on which the cancellation request was received by HACHEZ CHOCOVERSUM GmbH is relevant.

3.       The GTCs published by the online shop shall apply accordingly.

4.       Tickets purchased at the ticket counter for guided tours individual visitors offered by HACHEZ CHOCOVERSUM cannot be cancelled or rescheduled for another date.

5.       Event tickets (e.g. praline-making workshop, ladies night etc. - www.chocoversum.de/events/) unfortunately cannot be cancelled.

6.       Group tickets for guided tours offered by HACHEZ CHOCOVERSUM may be cancelled free of charge up to 15 days prior to the event. Between the 14th and 2nd day prior to the event cancellations are subject to a fee of 50% of the ticket price.

7.       Cancellations less than 2 days prior to the event or no-shows are subject to 90% of the ticket price and/or will not be reimbursed.

8.       If a cancellation in accordance with the segments in § 5 section 2 and section 6 has been submitted, the respective amount will be reimbursed, provided the payment has already been rendered.   

9.       If a guest or a group arrives late for a scheduled guided tour, the tour will be abbreviated by the timeframe of the late arrival. An entitlement for granting the complete guided tour upon expiration of a scheduled tour does not exist.

10.   If a group admission fee has been agreed upon, this fee shall be retained in full, regardless whether the number of participants has changed.

11.   Special conditions, which will be outlined in the respective proposal, may apply for off-site events or exclusive events.

§ 6 Withdrawal by the Organizer, Failure to Provide Services

The HACHEZ CHOCOVERSUM GmbH is entitled to withdraw from the contract for an important reason, regardless of other reasons, in particular if:

- the number of registrations for an event is insufficient,

- the event has to be cancelled for reasons which cannot be attributed to the HACHEZ CHOCOVERSUM GmbH.

In the event the organizer should withdraw from an event, the payments rendered by the participants will be reimbursed in full. The participants are not entitled to damage claims.  Delays of guided tours and events by the HACHEZ CHOCOVERSUM GmbH for up to 30 minutes are not an entitlement to reduce the payment.

§ 7 Liability for Damages

1.       In general, visiting the HACHEZ CHOCOVERSUM and participating in the events is at  your own risk and supervision of minors shall always be the responsibility of the client (e.g. school, teacher, legal guardian, as well as other care-givers or custodians). Please also reference § 2 section 2 of these terms and conditions. The HACHEZ CHOCOVERSUM GmbH is not liable to participants for accidents, losses and/or damage to clothing, unless otherwise agreed upon below.

2.       The HACHEZ CHOCOVERSUM GmbH’s liability for damages incurred by the customer due to intentional or grossly negligent conduct of HACHEZ CHOCOVERSUM, for personal damages and damages pursuant to the Product Liability Act are not limited in accordance with statutory regulations.   This also applies to damages caused by the subcontractors commissioned by HACHEZ CHOCOVERSUM GmbH.

3.       Lockers/wardrobes are located in the foyer of the museum. The Hachez Chocoversum GmbH does not assume liability for valuable items, cash, or clothing placed there.

4.       To the extent the HACHEZ CHOCOVERSUM GmbH is liable due to an assumed guarantee, the liability for damages is limited as follows: The HACHEZ CHOCOVERSUM GmbH only accepts liability for minor damages, if these damages resulted from a violation of contractual obligations. Cardinal obligations are contractual obligations, which enable the proper fulfillment and implementation of the contract in the first place and to which the contractual partner can expect entitlement.  The HACHEZ CHOCOVERSUM GmbH’s liability for minor negligence based on this regulation is limited to the typical foreseeable damage.   

5.       The liability of the HACHEZ CHOCOVERSUM GmbH for minor negligent damages resulting from delays are limited to the typical foreseeable damage, however, to a maximum of 5% of the total price agreed upon in the respective contract.

6.       The provisions outlined in the previous paragraphs also apply to a limited replacement obligation for futile expenditures (§ 284 BGB). The previously mentioned liability limitations also apply for the subcontractors commissioned by the HACHEZ CHOCOVERSUM GmbH.

§ 8 Visitor’s Liability for Damages

1.       The liability of visitors for material and personal damages is subject to the statutory regulations.

2.       Our contractual partner shall be held liable for material and personal damages caused by a member of the group; in addition to the group member, if the perpetrator cannot be determined. The contractual partner is entitled to proof that the damage has not been caused by a member of the group.

3.       Damages to furnishings and dishes are to be reimbursed at the replacement value.

§ 9 Deficiencies

1.       We provide a warranty for the goods sold in the CHOCO-LADEN in accordance with the statutory regulations.

2.       A contract entered for an event is a service contract in accordance with § 611 BGB. The HACHEZ CHOCOVERSUM GmbH does not guarantee the success of an event. The event management team shall ensure that the events are conducted to the best of their knowledge.

§ 10 Offsetting and Retention Rights

Offsetting and retention rights are excluded, unless the customer’s counter-claim is indisputably and legally verified.   

§ 11 Privacy Act

The HACHEZ CHOCOVERSUM GmbH processes relevant personal customer data provided in accordance with the applicable Privacy Act regulations. The customer shall grant permission to the HACHEZ CHOCOVERSUM GmbH, to forward this data to third parties involved in implementing this contract to the extent it is necessary to fulfill the contract.

The provisions of our Privacy Policy shall apply – these can be found at https://www.chocoversum.de/footer-navigation/datenschutz/.

§ 12 Final Provisions

1.       These General Terms and Conditions shall be effective as of 01/07/2017.

2.       For companies in the sense of Section 14 of the BGB (German Civil Code), the place of fulfillment and payment shall be the HACHEZ CHOCOVERSUM GmbH headquarters.

3.       Companies in the sense of Section 14 of the BGB (German Civil Code) are subject to the laws of the Federal Republic of Germany; the agreed place of jurisdiction is the city of Hamburg.

4.       Information regarding online dispute settlements /general obligation to provide information pursuant to Section 36 of the VSBG (Consumers’ Alternative Dispute Resolution Act):

 

The EU Commission has created an internet platform for the online settlement of disputes (the so-called “ODR platform”). The ODR platform is a hub for the extra-judicial settlement of disputes regarding contractual obligations resulting from online sales contracts. The customer can access the ODR platform via the following link: ec.europa.eu/consumers/odr/. HACHEZ CHOCOVERSUM GmbH is not obligated and not willing to participate in dispute settlement proceedings before a consumer arbitration board.