(1) The following general terms and conditions (GTC) apply to all business relations between the Oberharzer Bergwerksmuseum (Upper Harz Mining Museum) as well as its subsidiaries (referred to in the following as the OBM) and its customers in the respective version applicable at the time of conclusion of contract.
(2) These GTC apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these GTC will not be recognized unless the OBM has expressly agreed to them in writing for an individual case.
II. Conclusion of contracts
(1) The contractual relationship is established exclusively between the OBM and the customer. (2) By placing and order, the customer makes a binding offer. The order for services can be placed on site in the booking office or in writing or by telephone or online via the E-mail address email@example.com. Confirmation of receipt of the order does not constitute a contract. The acceptance of the offer takes place after checking the availability bye declaration of acceptance to the customer or by handing over tickets within two weeks. The booking is thereby binding and cancellation is only possible in accordance with the following conditions. The customer will be informed immediately if the services ordered are not available. (3) By concluding the contract, the customer accepts the OBM visitor regulations as binding.
III. Prices and payment
(1) The admission prices offered are free of VAT according to § 4 Nr. 20 a) UStG. (2) Payment for tickets ordered via the booking office is possible by bank transfer or when visiting the ticket office, unless the tickets are sent to the customer by post. Payment at the booking office is possible by Visa and MasterCard credit card, EC card, cash or voucher. On request, companies can pay retrospectively by invoice. Payment by voucher or collective invoice is only possible by special arrangement. (3) The invoices of the OBM are due for payment immediately without deductions. (4) If the customer does not make a payment on time, the legal provisions will apply. (5) If a payment is returned unpaid by the bank, the OBM may withdraw from the contract as well as demand the return of the tickets or invalidate them. The client must compensate the OBM for any damage resulting from the returned debit.
(1) Confirmations, invoices and vouchers will normally be sent to the E-mail address provided by the customer. In some individual cases items will be postet to the postal address. For this purpose it is necessary for the customer to provide a correct E-mail oder postal address. (2) Until the purchase price has been paid in full, vouchers remain the property of the OBM.
V. Conditions of use
(1) The customer is not permitted to reproduce, duplicate and/or modify admission tickets. Resale to third parties is expressly not permitted. (2) An admission ticket that as been duplicated and/or resold or altered without authorization does not entitle the holder to visit the museum or its external sites. The OBM reserves the right to refuse access to the museum to holders of unauthorized duplicated admissin tickets. Furthermore, the OBM reserves the right to claim damages and to file criminal charges. (3) The client is obliged to keep the admission ticket in a safe place and protect it against misuse. In the event of loss and/or misuse of admission ticket, the OBM bears no responsibility and will not provide a replacement. (4) Proof of entitlement to a discount plus an identity document must be presented at the entrace control without being asked. If no such proof is presented, the customer must pay the difference to the normal price at at the ticket office in order to be entitled to admission. (5) The admission tickets are valid for the day/time/period specified when ordering. Admission is subject to the opening hours of the OBM or the dates stated on the tickets. The opening hours are determined by the OBM.
VI. Right of withdrawal
(1) The customer is entitled to withdraw up to 10 working days before the date ordered. Decisive for compliance with the deadline is the receipt of the notice of withdrawal by the OBM. The customer must provide proof of this. (2) Notice of withdrawal must be provided to the OBM a) bye letter to the Booking Office, Bornhardtstraße 16, 38678 Claustha-Zellerfeld or b) by E-mail, firstname.lastname@example.org (3) If the customer makes use of his right withdraw, the amount in connection with the order will be refunded after deduction of a cancellation charge of 10%. (4) After the deadline for withdrawal has passed, the full invoiced amount is due, also in the case of attendance by a lower number of participants or complete non-attendance on the booked date. (5) The OBM is entitled to refuse entry in cases of overcrowding and/or for other safety reasons and/or to terminate the visit prematurely. For structural and orginaizational reasons, individual OBM facilities my be closed.
(1) The OBM is liable for damages only insofar as the relate to breach of an essential contractual obligation or intentional or grossly negligent conduct on the part of the OBM, its legal representatives or vicarious agents. (2) If an essential contractual obligation is breached through slight negligence, the liability of tge OBM if limited to the foreseeable damage typical for the contract. An essential contractual obligation exists in the case of obligations the fulfilment of which makes the proper performance of the contravt possible in the first place or on the observance of which the customer relied and was entitled to rely. Any liability for damages extending beyond this is excluded. (3) Liability for culpable injury to life, body or health in accordance with the legal provisions remains unaffected. (4) Note according to § 2 Para. 1 No. 11 Dl-InfoV: liablity insurance exists through the "Kommunalen Schadensausgleich Hannover".
VIII. Prohibition of assignment
The assignment of rights and obligations resulting from the contract is only effective with the written consent of the OBM. Otherwise, any assignment of claims against the OBM to third parties is excluded. The OBM is obliged to consent if the client proves a legitimate interest in the assignment.
IX. Data protection
(1) For the purpose of processing the contractual relationship, the name and the address as well as the E-mail address and telephone number of the customer are stored and used for the duration of the contractual relationship. OBM employees involved in the processing of the contractual relationship have access to this data exclusively for the purpose of processing the contract. The client will inform the OBM immediately for any changes to this data. (2) With the specific consent of the customer, the name, address, telephone nummer and e-mail address may also be transferred to a general address file of the OBM for the purpose of providing visitor support and information.
X. Place of performance/place of jurisdiction
(1) For services and payments the sole place of performance in Clausthal-Zellerfeld. (2) The contractual relationship between the customer and the OBM is subject to the laws of the Federal Republic of Germany excluding all references to other legal systems and international treaties. The application of UN legislation on the sale of goods is excluded. (3) For business relationship with business people, legal entities under public law and special funds under puplic law, the place of jurisdirection for all legal disputes arising from the contractis agreed to be the registered headquarters of the OBM (Clausthal-Zellerfeld).
XI. Final clauses
(1) If any provision of these terms and conditions is or becomes invalid or contains a loophole, this does not affect the validity of the remaining provisions. (2) The OBM reserves the right to change these general terms an conditional at any time without giving reasons. Changes do not apply to oders previously placed.
Dated: April 2017