General Terms and Conditions
GTC of company TWZ GmbH (Limited Liability Company)
Hauptstr. 81, 78098 Triberg, Germany
§ 1 Scope
- All order and contract concerning the supply of goods and the tickets of TWZ Event GmbH to customers are made solely on the basis of the following General Terms and Conditions. These underlie all offer and agreement between the TWZ Event GmbH and the customer. Different or conflicting conditions of the buyer are only binding if the TWZ Event GmbH acknowledges in writing.
In addition to the event: "Triberg Christmas Magic" the house rules of TWZ Event GmbH are effective for the event site in the current version
- Offers on these websites relating to products and tickets we consider as non-binding and tentative if we have not explicitly referred to it as binding for us.
- The contract / agreement will be achieved as follows:
The customer fills out the web ordering system and sends it to us. By submitting the order form on the Internet, the customer makes a binding offer to conclude a contract of purchase (by clicking on the button "order now").
The TWZ Event GmbH sends the customer confirmation of receipt of order immediately by e-mail. This is not an acceptance of the customer offer, but rather an acknowledgment of receipt.
The contract is only binding if the TWZ Event GmbH either
- confirms the acceptance of the order within 14 days after receipt of order or
- sents the customer the product, or the ticket.
- The TWZ Event GmbH has the right to cancel at any time if the customer violates specific conditions against the organizer. If the product has already been paid, the payment will be refunded if canceled.
- The final contract is made under reserve of the timely and complete self-supply. If the possibility of delivery depends on the supplies by a supplier and fails for reasons that the TWT Event GmbH is not responsible, the TWZ Event GmbH is entitled to withdraw from the contract. The customer is informed of the unavailability of the service immediately. If the customer has reciprocated, it will be refunded. In this case the client has no right to claim for damages.
- The same applies if substantially due to circumstances beyond our control or other events, the delivery is complicated or impossible and the TWZ Event GmbH is not responsible for this. Such events include: fire, flooding, labor disputes, equipment failure, strike, government regulations, not attributable to the operating risk of TWZ Event GmbH.
- The correctness of the data contained on the website of TWZ Event GmbH is not guaranteed.
- Delivery dates and times are only binding if they were confirmed by the TWZ Event GmbH expressly in writing.
- If the delivery is no possible within the agreed period, the TWZ Event GmbH informs the customers in writing (§ 126b BGB) without delay, no later than the deadline. To the customer is due the right to withdraw, he must immediately carry out his part in writing (§ 126b BGB).
- Partial deliveries are permitted unless the customer doesn’t have perceptible interest in them or if they are unreasonable. If the TWZ Event GmbH avails this right, packing and shipping costs will be charged only once.
- Delivery is available to Germany as well as some selected countries.
- Delivery is made by a letter with a dispatch service, which is elected by the TWZ Event GmbH. The customer has to pay shipping and handling, which depends on order value and the location (domestic or foreign) to which are supplied.
- Tickets only are sold to end customers. The resale is permitted only with the express consent of TWZ Event GMBH.
- The mailing of tickets occurs at the liability of the customer. If an order is placed less than 5 working days before the corresponding event, the tickets will not be sent per mail to the customer, but will be deposited on the Main Cashier’s Desk at the event location.
- The prices are valid at the time of purchase as shown on the website.
- The prices of goods and tickets are to be understood from the seat of the TWZ Event GmbH in Germany, including the due value added tax in Germany (currently 7%), they do not include packing and shipping.
- For packing and shipping (shipping costs) additional costs will be charged to the customer.
- Entrance to the event with a reduced-rate ticket is only possible when the reason for the reduced rate exists at the time of the event and can be proved upon entry to the event. Otherwise, entrance to the event will be allowed only upon payment of the difference between the reduced-rate ticket and the normal ticket price. If the customer refuses to pay the difference in price after the request thereof by the TWZ Event GmbH, the customer will be refused entrance to the event grounds.
- For deliveries to non-EU countries the price included VAT will be deducted. If in accordance with the statutory regulations in the recipient country VAT arises, it will be payable upon receipt of the goods separately. In addition, import duties are also to be paid additionally upon receipt of the goods.
- Payment will be chosen by the customer via PayPal or advance payment.
- The TWZ Event GmbH is entitled to use financial service providers (such as banks, credit card companies, etc.) for arranging the payment.
- In the case of intervention of third parties in accordance with paragraph 2 of this paragraph in the handling of payments, the payment in relation of customers to TWZ Event GmbH , is only then deemed to have occurred, when the amount of the customer has been contractually placed at the disposal of the third parties, so that the parties have it at their unrestrained disposal.
- As far as the customer's chosen method of payment is not feasible for the TWZ Event GmbH or the financial services, particularly because the coverage of the customer`s account fails or information are incorrectly provides by the customer, so that the execution is not possible, then the customer has to refund the TWZ Event GmbH or the authorized third party the resulting additional costs.
The goods or tickets remain until clearing the outstanding demands due to the TWZ Event GmbH in possession of the of TWZ Event GmbH. The retention of title expires by full payment of the goods. The customer is not entitled to dispose of the goods subject to retention of title
The customer is obligated to check merchandises or tickets immediately after delivering for accuracy and completeness (particularly event, date, time, price, quantity) and to register complaints in writing immediately to the TWZ Event GmbH (via email). As far as a defect exists which carries a warranty, the customer is entitled to demand supplementary performance in the form of replacement in accordance with provision of law. Attention! The admission to an event is only possible with a valid ticket. The submission
Incidentally the liability of the TWZ Event GmbH conforms to statutory provisions, failing an agreement to the contrary in these general terms and conditions. The TWZ Event GmbH is liable for damages, on whatever legal grounds, without limit, on intent and gross negligence. In addition, the TWZ Event GmbH has unlimited liability for simple negligence for damages for injury to life, body or health. In the case of simple negligence and breach of an essential contractual obligation (cardinal obligation), the liability of the TWZ Event GmbH is limited to the replacement of the foreseeable, typically occurring damage. Liability under the Product Liability Law remains unaffected by the above regulations.
- As far as the TWZ Event GmbH offers services from the field of recreational events, in particular, tickets and tickets for events, it is not a distance contract in accordance to § 312b BGB. This means that a cancellation right and right of return within two weeks does not exist. Each order for tickets is so immediately after confirmation by the TWZ Event GmbH is binding and compulsive for demand and clearing.
- If the customer is final consumer, he has the option to revoke the contract with the TWZ Event GmbH within 14 days after the receipt of the goods without giving reasons. This applies for things or goods (for example CDs, DVDs, posters, souvenir, gift items) which are handed over with your order. The revocation may be effected in writing (for example by letter, fax or e-mail) or by returning the goods to the TWZ Event GmbH. The period begins with receipt of the goods and this instruction. The cancellation period is observed by timely sending the cancellation notice or dispatching the goods. The declaring of revocation or the return of the goods should be addressed to:
TWZ Event GmbH. 81 78098 Triberg Germany Tel: +49 (0) 7722 / 9630-50 Fax: +49 (0) 7722 / 9630-21 E-mail: email@example.com
- The customer undertakes to return the received goods in the case of a valid cancellation. The regular costs of the return are imposed on the customer if the price of the returned goods does not exceed the amount of 40 Euro or when in the case of a higher price of the goods the client has not yet provided the return service or made a partial payment.
- In the case of withdrawal of the contract the customer is obligated to keep the goods until to be returned to the TWZ Event in perfect condition (complete and undamaged goods, user manual, etc.). If the customer is responsible for the deterioration or perishing of the product or impossibility, so he has to compensate the reduction in value or the value. The licensing of the product, its actual use, and other services up to the time the revocation is exercised shall be subject to remuneration; the reduction in value due to the use of the product according to the terms of the agreement or utilization of other services shall not be considered here. In such cases, the customer shall be liable only for intent and gross negligence.
- In the eventually of claim, the TWZ Event GmbH is committed to refund the customer payments made within 30 days after the revocation of the client or after receipt of returned goods.
- The right of withdrawal does not apply to audio recordings and software if the data media have been unsealed.
- Exclusion of Withdrawal or Return Rights at the purchase of Entrance Tickets or Entrance Gift Cards.
Upon purchasing Entrance Tickets and Entrance Gift Cards for a Leisure Event such as the Triberg Christmas Magic, there is no existence of a Distance Sales Contract, such as listed in §312b BGB. As a result, the customer has no Withdrawal or Return Rights toward the TWZ Event GmbH. Every order of Entrance Tickets and Entrance Gift Cards is binding and requires purchase and payment of the ordered Tickets/Cards. Return and Reimbursement of the unused Tickets/Cards after the event is not possible.
- “The purchase price of purchased tickets cannot principally be refunded due to circumstances beyond the control of the organizer or due to force majeure. For groups (20 people), tickets afterwards are recoverable only up to a number of max. 10 pieces.”
- Upon purchasing Entrance Tickets and Entrance Gift Cards for a Leisure Event such as the Triberg Christmas Magic, there is no existence of a Distance Sales Contract, such as listed in §312b BGB. As a result, the customer has no Withdrawal or Return Rights toward the TWZ Event GmbH. Every order of Entrance Tickets and Entrance Gift Cards is binding and requires purchase and payment of the ordered Tickets/Cards. Return and Reimbursement of the unused Tickets/Cards after the event is not possible.
Should the event or individual event days be postponed or cancelled due to force majeure or other occurrences the TWZ Event GmbH is not responsible for, no take-back or refunds will be applied to the total price of the ticket already purchased. Such events include in particular: fire, storm, hurricane, storm damage, snow breakage, flood, labor disputes, equipment failure, strike, and administrative orders which cannot be attributed to operational risks of TWZ Event GmbH.
- The TWZ Event GmbH offers the following ticket options:
- day admission tickets:
The client commits himself here in the online order form to a fixed day to visit the event (for example on 27.12.). For this purpose, the customer receives the necessary admission control bands in the current color for this day. These bands are valid for the day as a day ticket and authorize the holder to enter the event area. The obtained admission control bands entitle only for this one day to attend the event. The attendance at the event on a different day or transfer to another event is not possible. With this admission control band it is possible to leave and re-enter the event area during the valid day. Re-entering the event area you have to show the undamaged band. Otherwise there is no claim to re-entrance.
- Vouchers for one day admission:
The customer selects via the online order form vouchers for a day admission. For this purpose, the customer receives vouchers from the TWZ Event GmbH. These vouchers entitle the holder to visit the event at any day of the event period. (for example, 25.12.-29.12.). Vouchers must be exchanged at the box office for valid admission control bands. The vouchers cannot be used for admission to the event area. With this admission control band it is possible to leave and re-enter the event area during the valid day. Re-entering the event area you have to show the undamaged band. Otherwise there is no claim to re-entrance.
- Event tickets:
The customer selects via the online order form event ticket. For this purpose, the customer receives event tickets with the registered names of event ticket holders from the TWZ Event GmbH. The event tickets are valid only for those persons. Event tickets are not transferable to another person. This is checked at the entry controls by comparison with the national identity card. With a event ticket is a direct access possible to the event area.
- Family ticket:
The customer selects via the online order form a family ticket. With this card 2 adults and 2 children will get a day ticket. For this purpose, the customer receives a family voucher from the TWZ Event GmbH. This entitles the holder to visit the event on any day of the event period. (for example, 25.12 -. 30.12.). Vouchers must be exchanged at the box office for valid admission control bands.
With this admission control band it is possible to leave and re-enter the event area during the valid day. Re-entering the event area you have to show the undamaged band. Otherwise there is no claim to re-entrance.
- day admission tickets:
- All tickets will automatically lose their validity at the end of the event.
- A commercial resale of tickets is not permitted.
- A transfer or resale of access control strips after a successful visit to the event to others is not allowed. Persons who contravene may be personally liable for damages occurring.
- Who illegally reproduces tickets and / or brings it into circulation may be held liable for any damages of the organizer. Moreover, in each case, a prosecution will follow.
- At existence of an important reason the organizer is entitled to bar visitors from the event. In this case the admission ticket will be cancelled. There is no entitlement to re-entrance or to refund.
- The organizer is only liable for hearing damages or other injury to health, insofar as he is guilty of culpable intent or gross negligence or the duty to implement safety precautions hasn’t been fulfilled.
- The event takes place in any kind of weather.
- For reasons of security it can be necessary to evacuate or close some parts of the event area temporarily or full-time or partially or entirely without giving right to have refunded the entrance fee partially or entirely. The safety instructions of the organizer or the security staff must be strictly observed to avoid danger to life and limb.
- In addition, the current notices, the instructions of security personnel on site, the current information issued by the website of the organizer apply.
The Contract is exclusively governed by the laws of the Federal Republic of Germany in accordance with these general terms and conditions. The applicability of the UN purchase act is excluded. If the customer is a consumer within the meaning of § 13 BGB and has his usual residence abroad, then compulsory regulations of that country remain unaffected.
- The place of implementation concerning business transactions with merchants for all supplies and services is the principal office of the TWZ Event GmbH.
- Place of Venue will solely be agreed upon at the court having jurisdiction at the place of performance if the customer is a registered merchant, a legal entity organised under public law or special public-law funds or if the customer does not have a place of general jurisdiction in the in the Federal Republic of Germany.
Should individual terms of this GTC be ineffective or lose their effectiveness due to later circumstances, the legal effectiveness of the other provisions is not affected.