General Terms and Conditions of ArtNight GmbH
German Version / Deutsche Fassung: https://www.artnight.com/agb-widerrufsbelehrung/
On the www.ArtNight.com website of ArtNight GmbH, Mariendorfer Damm 1, Eingang Haus 1, Etage 5, 12099 Berlin, Germany (hereinafter: ArtNight), consumers and companies (hereinafter together: Customers) can book events (e.g. buy tickets for events) and purchase vouchers for events. The following General Terms and Conditions (T&C) apply exclusively here. ArtNight will not accept any different terms and conditions of customers, unless ArtNight has explicitly agreed that they shall apply. The planning and organisation of events on behalf of business customers shall, by contrast, be subject to the General Terms and Conditions of ArtNight GmbH for event organisation.
- Services and products
2.1 The events offered by ArtNight shall either be carried out by ArtNight itself or by business partners of ArtNight (hereinafter: Partners). ArtNight shall, however, be the sole contracting partner of the Customer. The Customer may purchase tickets and vouchers at www.ArtNight.co.
2.2 A ticket entitles the holder of the ticket to participate in the specific booked event on the date chosen at the time of purchase. It shall only be possible to change the booking to another event or another date under the conditions given below in Paragraph 11.
2.3 A voucher is a voucher with a nominal value in euro. The holder is entitled to use the voucher as a means of payment to purchase tickets via www.artnight.co.
- Conclusion of contract, storage of the contract text
3.1 You do not have to register in order to place orders via www.ArtNight.com. The Customer must truthfully provide all information marked as mandatory during the order process. The provision of non-mandatory information is voluntary.
3.2 The presentation of the events on www.ArtNight.com does not represent a legally binding offer in the sense of Section 145 BGB (German Civil Code), but rather a non-binding online catalogue.
After entering his/her personal data in the course of the order process, the Customer gives a binding order for the selected tickets and/or vouchers by clicking the Order button in the final step of the order process. Before the order process is concluded, a confirmation window will thereby be shown to the Customer with the details of his/her booking. This window allows the Customer to check and correct the details entered. Immediately after submitting the order, the Customer will receive an email confirmation indicating that the order has been received. This does indicate that the order has been accepted, however, but only serves to inform the Customer that ArtNight has received the order.
The contract only comes into effect when ArtNight confirms the Customer’s order by means of an additional email that includes the invoice (confirmation of the contract). ArtNight is entitled to accept the Customer’s order within three working days.
3.3 In the case of orders that are made via www.ArtNight.com, the order is stored by ArtNight along with the order data entered by the Customer, and can be requested from ArtNight. As part of the order confirmation, the data of the order is also sent to the email address entered by the Customer.
- Requirements for participation
4.1 Participation in certain events requires certain personal aptitudes (e.g. age or state of health). The Customer can find these requirements in the respective event description. The Customer is himself responsible for ensuring that he, and/or other participants for whom he is buying tickets, meet these requirements.
4.2 Persons who do not meet the relevant requirements for participation are excluded from participation in the event. Reimbursement of the purchase price due to non-fulfilment on the part of ArtNight is excluded in such cases.
4.3 Participation in certain events is tied to a certain minimum or maximum number of participants. If the necessary minimum number of participants for an event is not reached, ArtNight is entitled to cancel the event no later than five days before the event. Customers who have bought tickets for the event may, according to their preference, either change their booking to another data at no extra charge, request a voucher to the value of the booked event, or request a refund of the purchase price paid. If the maximum number of participants at an event is exceeded, ArtNight is entitled to not accept a booking.
- Redemption of vouchers
5.1 Where nothing else has been agreed, vouchers may be redeemed within the statutory limitation period of three years (period of validity). This period shall begin at the end of the year in which the voucher was purchased.
5.2 If the price of the event to be booked (tickets) exceeds the value of the voucher, the Customer must pay the difference in the course of the order process. If the value of the Voucher exceeds the price of the event to be booked (tickets), the difference shall remain on the voucher.
- Rights of the Customer when buying vouchers
Vouchers are freely transferable, and may be redeemed by their respective holders. Commercial resale is prohibited. There is no repayment in cash.
- Delivery and shipping costs
7.1 Tickets or vouchers may be delivered by email as a PDF file or by post (gift letter) to the delivery address provided by the Customer.
7.2 Delivery by email is free of shipping costs. ArtNight can calculate shipping costs for delivery by post. The amount of the respective shipping costs are summarised under dispatch information.
7.3 Deliveries by post shall be carried out within the stated delivery time. If the Customer chooses the cash in advance payment method, the delivery time shall be calculated from the time at which ArtNight receives the payment.
- Prices and payment
8.1 The prices given on ArtNight.co are total prices including the applicable statutory VAT, and excluding any shipping costs if postal delivery is selected.
8.2 The Customer may choose to pay with any of the payment methods stated in our range of offers.
8.3 If the Customer chooses to purchase on account, the payment shall become due when the contract is concluded and the invoice received. If the Customer fails to pay within 30 days of the payment falling due, the Customer shall automatically be in default of payment; this shall only apply to consumers if there is a corresponding indication in their invoice.
- Retention of title, right of withdrawal in the event of non-payment
Tickets and vouchers that have been issued shall remain the property of ArtNight until they have been paid for in full. If payment is not received within the respective payment period, ArtNight is entitled to cancel or block the relevant tickets or vouchers, without the need for a separate notice period or reminder from ArtNight. Any further rights of ArtNight shall remain unaffected.
- Legal right of cancellation for vouchers
Please note that for the purchase of a specific Artnight event tickets there is no right of withdrawal (§ 312g paragraph 2 no. 9 BGB). Therefore, you can not revoke your intention to buy an Artnight event ticket. A right of withdrawal does not exist in the case of contracts, provision of services in the field of accommodation for purposes other than habitation, transport of goods, car rental, supply of food and beverages and other services related to leisure activities, if the contract for the provision of a specific date or period (§ 312g para. 2 no. 9 BGB). As far as Artnight offers services in the field of leisure activities on a specific date or period, in particular tickets for specific on-time events in the form of so-called Artnights, there is no right of withdrawal. Thus, every order with the acceptance by Artnight is legally binding and obliged to accept and pay. The following right of revocation applies here only to the purchase of Artnight vouchers, for which no concrete date for an event has yet been determined by consumers (any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity attributed can, § 13 BGB).
Right of cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (ArtNight GmbH, Mariendorfer Damm 1, Eingang Haus 1, Etage 5, 12099 Berlin, Germany, email:firstname.lastname@example.org) of your decision by means of a clear statement (eg a letter or e-mail sent by post). to revoke this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation:
If you cancel this contract, we must refund all payments that we have received from you, including delivery costs (except for the additional costs resulting from your having chosen a different type of delivery from the most reasonable standard delivery offered by us) without undue delay, and at the latest within fourteen days from the date on which we received notification that you are cancelling this contract. We will use the same means of payment for this refund that you used for the original transaction, unless something else was expressly agreed with you; on no account will you be charged fees due to this repayment.
We can refuse to make the refund until we have received the goods back, or you have provided evidence that you have sent back the goods, whichever is earlier.
You must send back or hand over the goods without undue delay, and at the latest within fourteen days from the day on which you informed us that you were rescinding this contract. You have complied with the deadline if you send the goods before expiry of the fourteen day period. You shall bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods if such loss in value is due to handling of the goods that was not part of a necessary examination to ascertain the nature, characteristics and function of the goods.
If you requested that services should start during the cancellation period, you must pay us an amount appropriate for the portion of services that had already been provided by the date on which you informed us that you were exercising your right to cancel this contract, in comparison to the total scope of services provided for in the contract.
Exclusion of the right of cancellation:
The right of withdrawal does not apply to contracts for the provision of services in the field of accommodation for purposes other than habitation, transport of goods, car rental, supply of food and beverages and other recreational activities, provided that the contract for the provision of a specific Appointment or period (eg for private ArtNights). In the case of private ArtNights, the binding booking is deemed to be the day of the conclusion of the contract, as well as the day of invoicing. A change or reduction of the participants is no longer possible with a binding booking, after invoicing. Furthermore, the right of revocation does not apply to contracts for the delivery of goods, if these were inseparably mixed with other goods after delivery because of their nature. The right of withdrawal also does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. To exercise your cancellation, you can use the model withdrawal form below.
|SAMPLE CANCELLATION FORM|
(Please fill in this form and return it to us if you wish to cancel the contract.)
To: ArtNight GmbH, Mariendorfer Damm 1, Eingang Haus 1, Etage 5, 12099 Berlin, Germany
I/we (*) hereby cancel the contract that I/we (*)concluded for the purchase
of the following goods (*)/the provision of the following service (*)
Ordered on (*):…………./received on (*):…………..
Name of consumer: __________________
Address of consumer: __________________
Signature of the consumer(s) (only for notification on paper)
(*) Delete as appropriate.
- Rebooking or cancellation by the Customer
Artnight allows its customers to make a rebooking or a cancellation in individual cases and out of goodwill. Cancellation or change requests should be directed to ArtNight Customer Service via email: email@example.com. , Para. 10 of these terms and conditions is not affected. 11.2 In the event of a cancellation granted by ArtNight, the customer will receive a voucher equal to the value of the event, which he can redeem at a later date. 11.3 For bookings of so-called private Artnights, a cancellation is only possible on the following conditions: The cancellation must be in writing (via email to firstname.lastname@example.org). If the cancellation occurs up to 28 days before the booked event date, the customer will incur 50% of the booking amount. If the booking is canceled 27 days or later before the booked event date, the customer will pay the full booking amount. The customer has the proof that damage is not incurred at all or at a much lower level than the lump sum.
- Service changes, rebookings or cancellations by ArtNight, failure
12.1 ArtNight is entitled to make changes to the content of booked events, in so far as the changes are not significant, are necessary and do not significantly and adversely affect the overall content of the event. A change shall be considered insignificant if the artist guiding a particular event has to be changed because the artist is ill, or if the location has to be changed for organisational reasons or if the time of an event has to be delayed by a maximum of an hour.
12.2 In the event of a significant service change to the major content of the booked event, the Customer is entitled to withdraw from the contract with ArtNight or to transfer the booking to another event free of charge. If there is a price difference between the events, the difference will be reimbursed to, or will be paid by the Customer.
12.3 ArtNight is entitled to cancel an event due to illness, bad weather or other cases of force majeure. In such cases, the Customer shall be informed without undue delay, and shall be entitled to transfer the booking to another event at no extra cost, or to request a voucher to the value of the event, or to request a refund of the course fee paid.
- Withdrawal for major reasons
ArtNight is entitled to withdraw from the contract with the Customer for major reasons up to the point in time at which the event is carried out. An example of a major reason is if the Partner entrusted with running the event ceases to work together with ArtNight, cancels the event, or has gone out of business, or if it is impossible to carry out the event due to force majeure.
Any guarantee claims due to material or legal defects shall be subject to the legal regulations.
15.1 ArtNight shall be liable for intent and gross negligence. ArtNight shall further be liable for the negligent breach of obligations that must be fulfilled in order that the contract can be carried out properly, the breach of which puts the fulfilment of the contractual purpose at risk and which the Customer was entitled to assume would be fulfilled. In the latter case, ArtNight shall, however, only be liable for the foreseeable damages typical for this kind of contract. ArtNight shall not be liable for slightly negligent breach of obligations other than those in the above clauses.
15.2 The above exclusions of liability shall not apply in the event of injury to life, body and health. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
- Online dispute resolution as per Art. 14 para 1 ODR Regulation
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed on http://ec.europa.eu/consumers/odr/.
17.1 The language of the contract is German.
17.2 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Sales Law. The following shall apply for consumers: the mandatory provisions of the state in which the Customer is resident shall remain unaffected.
17.3 The following shall apply for businesspeople or legal persons under public law: the place of jurisdiction shall be ArtNight’s office in Berlin. ArtNight is entitled, but not obliged to bring an action at the domicile of the Customer.
17.4 Should individual provisions of these T&C be invalid or contravene legal regulations, this shall not affect the rest of the contract. The contracting parties shall mutually agree on a valid replacement provision that approaches the economic purpose of the invalid provision as closely as possible. The above provision shall likewise apply in the event of loopholes.