General Terms and Conditions for the Online Ticket Purchase of Schloss- und Gartenverwaltung Bayreuth-Eremitage

1. Scope of the General Terms and Conditions

These General Terms and Conditions apply to all supplies and services of Schloss- und Gartenverwaltung Bayreuth-Eremitage (Bayreuth Palace and Garden Administration), 95444 Bayreuth, Germany that are booked and ordered online.

2. Conclusion of contract

2.1. By clicking on the button "Order subject to payment", the customer submits an offer to Schloss- und Gartenverwaltung Bayreuth-Eremitage to conclude a contract for the purchase of an online ticket. The offer is accepted by sending a confirmation e-mail to the e-mail address provided by the customer. The confirmation e-mail contains the content of the contract and an invoice as an attachment in the form of a PDF file.

2.2. Orders are saved by Schloss- und Gartenverwaltung Bayreuth-Eremitage after conclusion of the contract.

3. Ordering and using online tickets

3.1. As a first step, the customer selects the date, language, time and number of tickets. The customer then chooses whether to buy the ticket at a regular price or at a reduced price. By clicking on the button "Add to shopping cart", the customer is taken to the next order option or can click on the button "Checkout". At the checkout, the customer must enter his or her name, address and e-mail address. The next step is selecting a payment method.

3.2. The online tickets offered by Schloss- und Gartenverwaltung Bayreuth-Eremitage are timed tickets, i.e. admission to the Margravial Opera House is only possible at the start of the visiting time printed on the ticket.It is not possible to change the start of the visiting time or the date of the visit. No refund can be provided if tickets are lost, stolen or not used.

3.3. The ticket entitles the holder to a single visit of all the sights of Schloss- und Gartenverwaltung Bayreuth-Eremitage that are open on the date the online ticket is valid.

3.4. The order can only be placed and transmitted if the customer has confirmed that he or she has read and agreed to the General Terms and Conditions and the Privacy Policy. The General Terms and Conditions can be read at any time via the browser, printed out or saved on a local computer.

3.5. After completing the order process and successful payment, the customer receives an invoice in PDF format by e-mail. Upon admission, the customer must show the printed ticket or the QR code on his or her mobile phone as well as the relevant credentials for the discount (see also the BSV tariff regulations). Tickets are not sent by post. The customer must ensure that he or she can receive e-mails when ordering tickets (mailbox size, spam folder). The QR code on the invoice should not be bent or folded on the printed ticket.

3.6. The QR code is electronically cancelled upon admission. It is therefore impossible for other people to gain admission with the same code, e.g. by copying the invoice or the QR code on it.

4. Prices

4.1. Schloss- und Gartenverwaltung Bayreuth-Eremitage publishes the current admission prices on its website and announces them at the ticket offices.

4.2. All the prices listed in the ticket shop are VAT-exempt in accordance with Section 4 No. 20 a of the German Value Added Tax Act (UStG).

5. Payment

5.1. The customer pays for the tickets in advance after conclusion of the contract. Schloss- und Gartenverwaltung Bayreuth-Eremitage reserves the right to exclude certain types of payment in individual cases.

5.2. After clicking on the button "Order subject to payment", the data is forwarded to the relevant payment providers.

5.3. Visa and MasterCard have introduced an additional confirmation request in order to provide special protection for payment transactions on the Internet (MasterCard Secure Code or "Verified by Visa"). If the Customer is registered as a credit card holder in the 3D Secure procedure via one of the registration methods, he or she receives a submission page from the bank during the payment process with Schloss- und Gartenverwaltung Bayreuth-Eremitage, where he or she must enter his or her password that authorises payment.

5.4. In the event that the customer fails to meet his or her payment obligation, Schloss- und Gartenverwaltung Bayreuth-Eremitage shall be entitled to charge a lump-sum reminder fee of EUR 5.00 as damage caused by default after the default has occurred, unless the customer proves that less damage has been incurred.

6. No return and no right of cancellation when ordering timed tickets

Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), the regulation on the right of cancellation for distance contracts does not apply to contracts for the provision of services in connection with leisure activities if the contract stipulates a specific date or period for the provision of such services. This means that the customer has no right of cancellation or return vis-à-vis Schloss- und Gartenverwaltung Bayreuth-Eremitage when ordering timed tickets in the ticket shop. Every order of online tickets is thus binding and obliges the customer to pay for the tickets he or she has ordered.

7. Withdrawal by Schloss- und Gartenverwaltung Bayreuth-Eremitage

Schloss- und Gartenverwaltung Bayreuth-Eremitage is entitled to withdraw from the contract for good cause. This applies in particular if it is necessary to close the palace grounds on the date of validity to make the premises safe for persons or vehicles. In such a case, the customer shall be refunded 100% of the payments made without delay. If it is not possible to visit Herrenchiemsee Palace on the date stated for objective reasons (conservation, organisational or technical reasons), Schloss- und Gartenverwaltung Bayreuth-Eremitage shall be entitled to withdraw from the contract. In this case, 100% of the payments made shall be refunded without delay. Any further loss shall not be reimbursed. The withdrawal shall be communicated without delay. The customer must file claims for refunds by submitting a copy of the relevant online ticket and proof of payment by e-mail to Schloss- und Gartenverwaltung Bayreuth-Eremitage. Schloss- und Gartenverwaltung Bayreuth-Eremitage shall not be entitled to withdraw from the contract in the event of hindrances to performance culpably caused by Schloss- und Gartenverwaltung Bayreuth-Eremitage.

8. Liability

Any claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the Bavarian Palace Department, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, the Bavarian Palace Department shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.

The aforementioned restrictions also apply in favour of the legal representatives and vicarious agents of the Bavarian Palace Department if claims are asserted directly against them.

9. Prohibition of reproduction, duplication, resale and manipulation of tickets

9.1.The reproduction, duplication and manipulation as well as the resale of printed invoices is not permitted.

9.2. In the event that copies of a ticket are found, Schloss- und Gartenverwaltung Bayreuth-Eremitage reserves the right to refuse admission to the palace to the holders of the ticket copies or the holder of the ticket duplicated without authorisation. Furthermore, Schloss- und Gartenverwaltung Bayreuth-Eremitage reserves the right to demand payment of the total value of the duplicated online tickets and compensation for any damages (including financial losses and/or costs of legal defence or prosecution) from the customers whose ticket was duplicated without authorisation due to his or her fault. Schloss- und Gartenverwaltung Bayreuth-Eremitage is not responsible for any inconvenience and/or damage caused by the unauthorised duplication or misuse of online-tickets.

10. Dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/odr/. Schloss- und Gartenverwaltung Bayreuth-Eremitage is not obliged or willing to participate in dispute resolution proceedings before the consumer arbitration board.

11. Final provisionsn

11.1. In the case of consumers, the law of the Federal Republic of Germany shall apply with the exception of provisions of private international law that would lead to the application of a law other than German law. This shall not apply if special consumer protection regulations in the customer’s home country are more favourable (favourability principle). In the case of entrepreneurs, this contract shall be governed by the law of the Federal Republic of Germany as defined in sentence 1; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.2. In the case of merchants, legal entities under public law or special funds under public law, it is agreed that the exclusive place of jurisdiction for all claims arising under or on the basis of this contract shall be the registered office of Schloss- und Gartenverwaltung Herrenchiemsee. The same shall apply to persons who do not have a general place of jurisdiction in the Federal Republic of Germany or persons who have moved their place of residence or habitual abode outside the Federal Republic of Germany after conclusion of this contract or whose place of residence or habitual abode is unknown at the time legal action is brought.

11.3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision that most closely approximates the commercial aim of the invalid provision in a legally permissible manner. The same applies to the filling of any gaps in the contract.