General Terms and Conditions Ticket Shop
- Scope of Application
1.1. The following General Terms and Conditions apply for all cases of online purchase of
- Admittance or time-slot tickets for exhibitions, conferences, workshops and Immersive Sound Nights
which are hosted and/or organised by the Zollverein Foundation (hitherto referred to as “Foundation”) as part of the NEW NOW – Festival of Digital Arts.
1.2. By submitting an offer to purchase a ticket online (see 2.2., sentence 2), customers agree to the Foundation’s general terms and conditions stated below. Customers recognise that their own general terms and conditions which vary from or complement the general terms and conditions stated below are not included. This also applies when the Foundation does not expressly object to them.
- Contract Formation
2.1 The contract is formed when a customer makes an offer and the Foundation accepts this offer.
2.2 The provision of the ticket shop and the exhibitions, venues or guided tours communicated therein as well as the provision of an online ordering system by the Foundation is merely an invitation to the purchaser to submit an offer and is not an offer in itself. Customers make their offer by submitting their ticket orders after selecting the mode of payment by clicking the “OK”-icon. Receipt of the offer occurs when the order has been received by the server on which the Foundation hosts all incoming orders or has commissioned this hosting.
2.3 The Foundation accepts the offer by sending a confirmation mail to the customer. Receipt of the acceptance occurs when the order has been received by the server on which customers host their e-mail or have commissioned this hosting.
2.4. A digital rendering of the ticket in the file format “pdf” is attached to the confirmation mail.
- Duties of the Foundation
3.1. The Foundation is obliged to send the customer a digital ticket in the “pdf” file format that includes the following information:
- Indication of the ordered access or time-slot tickets to exhibitions, conferences, workshops and Immersive Sound Nights
- The number of persons who must be admitted as well as pertinent criteria for calculated ticket prices (adults, concessions, children etc.), where applicable
- Period of validity / Time in the case of time-slot tickets
- Barcode documenting that payment has been made
- Provisions of the current Corona-Protection-Regulations of the state of North Rhine-Westphalia which regulate access to the buildings and, where applicable, the premises of the Foundation.
3.2 The Foundation is obliged to grant one-time access to an exhibition/a building to the person or persons who legitimise themselves at the point of admittance to an exhibition or the beginning of a time-slot ticket by presenting a completely legible ticket according to 3.1. If more than one printout of a digital ticket according to 3.1 exists, the Foundation is obliged to grant one-time access to an exhibition to the person(s) who legitimise themselves first by presenting a completely legible ticket according to 3.1 at the point of admittance to this exhibition or the beginning of a time-slot.
There is no obligation to grant access or participation without legitimisation by a completely legible ticket according to 3.1, even if a purchase contract according to 4.1 has become effective and customers have complied with their obligation to pay according to 4.1.
The Foundation is not obliged to provide replacement for a ticket which customers have lost after receipt of the confirmation mail and its attachment (2.3/2.4)
Admittance tickets lose their validity once customers have entered the exhibition or the tickets have been invalidated. Day passes cannot be transferred to others once customers have entered the premises. Tickets that have been falsified or otherwise manipulated do not give the right to admittance and will be confiscated by the Foundation with no replacement or compensation. The same applies in cases of improper use of tickets.
The Foundation is entitled to partially or completely close off areas of the exhibition or to limit admittance to these areas. Such closures or limitations of admittance are no basis for claims on the part of the visitors.
3.3 The design of the content of an exhibition resides exclusively with the Foundation. Should the Foundation consider an alteration of content to be pertinent or necessary for any other reason, these changes can be made at any time and the Foundation meets its contractual obligations by admitting the customers to or communicating their participation in the thus altered exhibition.
3.4 The Foundation is not obliged to wait for tardy purchasers of an online ticket.
- Time-slots will begin punctually at the time stated on the ticket. The Foundation is not obliged to admit tardy purchasers of a time-slot ticket once the time-slot has begun, or to extend the time-slot stated on the ticket.
- Duties of the Purchaser
4.1. Purchasers are obliged to pay the purchasing price of the tickets they have ordered. Payment is due immediately. Payment is considered to be made once the sum due has been received by the Foundation’s bank account.
4.2. Purchasers are obliged to ensure that the technical requirements necessary to render a digital ticket and producing a printout of this digital rendering are available to them. These include:
- availability of a pdf-reader
- use of white paper in formats DIN A4/Letter
- a printout in the original size (100%)
- a smartphone or tablet for mobile ticketing
4.3 Purchasers are obliged to ensure that the barcode on the ticket provided according to 3.1 is legible at the point of admittance to the exhibition/conference/workshop/Immersive Sound Night. They are obliged in particular to avoid any kind of soiling of and/or damage to the barcode and to provide a legible printout.
4.4 Purchasers are obliged to refrain from reselling tickets according to 3.1 and to store tickets in a safe place like cash or usual tickets in order to prevent misusage.
4.5 Purchasers are obliged to verify the accuracy of their tickets according to 3.1 immediately upon receipt of the confirmation mail according to 2.3, and to report any deviations from their orders (in particular exhibition/conference/workshop/Immersive Sound Night/day of visit/number of tickets/concessions) to the Foundation no later than 48 hours after receipt of the confirmation mail. If the Foundation does not receive any objection within this period, the content of the ticket is to be considered as an agreed upon contractual item.
4.6 Purchasers are aware that the premises of the former Zollverein Coal Mine, including its adjoining areas and the respective buildings on the premises, are former industrial plants. Therefore, it is necessary to wear appropriate clothing and appropriate shoes when entering the premises and the buildings located therein, and it is equally necessary for purchasers to behave in an appropriate manner. Purchasers undertake to wear appropriate shoes and other appropriate clothing and to behave themselves in an appropriate manner to prevent the threat of damage to health and/or damages to property brought to the premises.
The house rules of the Zollverein Foundation apply.
- Right to Withdraw / Revocation / Reversed Transaction
5.1 The Foundation is entitled to withdraw from a concluded contract regarding an admission or time-slot ticket to an exhibition/conference/workshop/Immersive Sound Night in cases of force majeure.
In such cases, the Foundation will inform the purchaser immediately about the fact that access to the building will not be granted and will reimburse the paid purchase price immediately.
The Foundation is never obliged to give further compensation for damages.
5.2 Purchasers are categorically not entitled to redemption of time-slot tickets or admission tickets. In the case of recreational services with a fixed time of performance, especially when tickets are sold for events, no long-distance transaction according to § 312 b Par 3 No. 6 BGB (German Civil Code) prevails, which means that no right to withdraw or return exists.
5.3 The Foundation points out expressly that the premises of the former Coal Mine and Coking Plant Zollverein, including the adjoining areas and including the respective buildings located on the premises, are former industrial complexes.
5.4 Purchasers have no claim to reversal of the purchase contract when they do not carry a completely legible ticket according to 3.1 with them and are refused access to an exhibition/conference/workshop/Immersive Sound Night for this reason.
- Commercial Rights and Copyrights
6.1 The content of the online shop’s internet site and the software that it is based on are protected by copyright. The company names, logos and/or product are also protected as commercial property rights, where applicable.
6.2 The Foundation expressly reserves all rights to which it is entitled on the basis of legal provisions. This applies particularly to unauthorised use of texts and images published in the online shop and of the online shop’s design. Every use that has not been expressly permitted in these general rules and conditions requires the Foundation’s previous, express and written permission.
- Warranty Exclusions and Limitation of Liability
7.1 Warranty or liability claims for reasons of taste or because an exhibition, a guided tour or a digital service were not to a purchaser’s liking are excluded.
7.2 The Foundation is only liable in cases of intent and gross negligence. This limitation does not apply to the liability concerning damages that result from injury of life, body or health.
In this regard, purchasers recognise that the premises of the former Coal Mine Zollverein, including the adjoining areas and including the respective buildings located on the premises, are former industrial complexes. Entering the premises and the buildings located therein thus occurs at purchasers’ own risk. The Foundation is not liable for damages that have been caused by purchasers’ behaviour that go directly against their obligations according to 4.6.
7.3 The Foundation is only liable for such violation of duties by its vicarious agents that are based on intent or gross negligence. This limitation does not apply to the liability concerning damages that result from injury of life, body or health. The regulation stated in 7.2, par. 2 applies accordingly.
7.4 The period of limitation for claims raised by the purchaser against the Foundation based on deficiency of performance or any other violation of duties on the side of the Foundation is one year.
- Data Protection
Information on data protection according to § 13 TMG (German Teleservices Act) can be accessed in the category “Datenschutzerklärung (Data Protection Declaration)”.
- Place of Execution and Place of Jurisdiction
9.1 The sole place of execution of delivery, performance and payment is Essen inasmuch as the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code).
9.2 Inasmuch as the customer is a merchant, the exclusive place of jurisdiction for all disputes arising immediately or indirectly from the contractual relationship is Essen. However, the Foundation is also entitled to sue customers at their local court.
9.3 In case of a contract with a consumer, the place of jurisdiction is Essen, if the costumer removes their place of residence or habitual location of residence from the scope of the Federal Republic of Germany. This also applies if the customer’s place of residence or habitual location of residence is not known at the time when proceedings are commenced.
9.4 In case of transnational contracts, Essen, Federal Republic of Germany is agreed upon as the sole place of jurisdiction for all disputes arising from the contractual relationship (Art. 17 of the European Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters). The Foundation is also entitled to commence proceedings at any other court that holds jurisdiction based on the European Convention 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters.
- Final Provisions
10.1 The law of the Federal Republic of Germany shall apply exclusively. Application of Uniform UN Purchase Law CISG is excluded.
10.2 Should individual provisions in these general terms and conditions be or become entirely or partially invalid, this does not affect the effectiveness of the remaining provisions or the remaining parts of these provisions, respectively. The parties will replace the ineffective regulation by an effective regulation that comes closest to the economic and, furthermore, the actually intended result.
Version as of 21.04.2021