General Terms and Conditions (GTC) for the Chocoversum GmbH Ticket Shop
BOOKING TERMS
1. Scope
These Online Booking Terms and Conditions of CHOCOVERSUM GmbH, Am Meßberg 1, 20095 Hamburg, Tel.: 040 - 41 91 23 00, Fax: 040 - 41 91 23 0 – 20, service@CHOCOVERSUM.de (hereinafter referred to as “CHOCOVERSUM”) apply to the online sale of admission tickets – including in the form of vouchers – for self-printing and/or for saving and subsequent presentation on a smartphone or tablet (so-called online tickets), as well as to vouchers for tickets, goods or events via the online booking platform ToucanTix GmbH, Meyerbeerstraße 91, 13088 Berlin (hereinafter referred to as “ToucanTix”). They supplement the General Terms and Conditions displayed on the premises at CHOCOVERSUM.
2. Ordering
2.1 Tickets and vouchers are ordered by being redirected from www.chocoversum.de to the ToucanTix platform at https://ticket.chocoversum.de/de, where the order process is completed. The order process is completed by clicking the ‘Place order with payment’ button.
2.2 If there are insufficient funds on the credit card, it is not possible to place an order using a credit card.
2.3 CHOCOVERSUM will immediately confirm receipt of the order. This automatic confirmation of receipt merely documents that the customer’s order has been received by CHOCOVERSUM and does not constitute acceptance of the order.
3. Conclusion of the contract
The contract is concluded upon acceptance of the order by CHOCOVERSUM. Acceptance takes place immediately within the booking dialogue via confirmation of the successful transaction and the simultaneous option to print the online ticket and/or save it to a smartphone or tablet, or, at the latest, by email to the email address provided by the customer, in which the order is confirmed, again with the option to print the online ticket and/or save it to a smartphone or tablet.
4. Order Process
4.1 The prices stated on the platform are in euros and include statutory VAT, unless otherwise stated.
4.2 The customer selects the desired tickets and/or gift vouchers, adds them to the shopping basket and completes the ordering process. By completing the ordering process, the customer makes a binding declaration of their intention to purchase the selected products.
4.3 Payment can be made by credit card (via Stripe) or PayPal (via online banking).
4.4 Payment by credit card requires the customer to enter their credit card number, security code and expiry date in the relevant fields of the order form and, where applicable, to authenticate their identity via the relevant credit card organisation’s 3-D Secure procedure (MasterCard SecureCode, Verified by Visa).
4.5 Payment via PayPal requires an existing PayPal account or the use of PayPal’s guest checkout function. During the ordering process, the customer will be redirected to the secure PayPal payment page, where they will complete the payment.
5. Tickets, gift vouchers
5.1 The customer will receive the tickets/vouchers in PDF format with the confirmation email; these can be used to print out the online tickets and/or save them to a smartphone or tablet.
5.2 No tickets will be sent by post.
5.3 The online tickets / vouchers can only be printed out by the customer on A4 paper. There is no facility for this at CHOCOVERSUM.
5.4 Alternatively, the tickets / vouchers can be saved on a smartphone or tablet and presented at the barcode scanners.
5.5 The day ticket entitles the holder to a single entry to the CHOCOVERSUM on the visit date stated on the ticket, within the specified visiting hours. It is no longer valid thereafter.
5.6 Treat vouchers are neither personalised nor tied to a specific date and can be redeemed within a validity period of three years from the date of purchase.
5.7 Treat vouchers are vouchers with a printed nominal value in euros (e.g. €10, €25, €50) and can be redeemed for the following: admission tickets, bookable events, and goods in the on-site CHOCOVERSUM shop.
5.8 Vouchers may be redeemed either by entering the 10-digit voucher code in the online shop or by presenting the voucher at the till when visiting CHOCOVERSUM.
5.9 If the value of the goods exceeds the face value of the gourmet voucher, the difference must be paid using another accepted method of payment. If the face value of the gourmet voucher exceeds the value of the goods, the remaining balance will be credited to the voucher as a new credit balance or can be used on a subsequent visit.
5.10 Treat vouchers cannot be combined with other discount vouchers or special offers, unless expressly stated otherwise in individual cases. The face value or any remaining balance cannot be paid out in cash.
6. Prices, discounts
6.1 The prices quoted for online tickets are final prices.
6.2 There are no booking or postage charges.
6.3 In the case of special offers (e.g. online discounts), the discount is already included in the stated final price.
6.4 When ordering discounted tickets (e.g. for children), checks will be carried out at the entrance. Proof of eligibility for the discount must be provided. Otherwise, entry will be refused.
6.5 Online tickets cannot be combined with other discounts, discount vouchers, advance-booked tickets or other promotional offers. They are non-exchangeable; no cash alternative is available; resale is not permitted; photocopies are invalid.
7. Resale of tickets, vouchers, discount vouchers and complimentary tickets
7.1 The customer undertakes to purchase and use the tickets exclusively for private purposes.
7.2 The commercial resale of tickets (in particular at a price above the face value) is prohibited.
7.3 The private resale of tickets at face value or for a nominal surcharge is permitted, provided that the resale is not for commercial purposes.
7.4 The public offering of tickets at auctions (in particular on the internet, e.g. via eBay or classified adverts) is prohibited, provided this is done on a commercial basis or the price significantly exceeds the face value.
8. Cancellation; Loss
8.1 It is not possible to cancel the contract or return online tickets.
8.2 In the event of the loss of a ticket, CHOCOVERSUM will grant admission provided the purchaser’s identity can be clearly established and the ticket has not yet been used. There is no legal entitlement to such admission.
8.3 Contracts for the purchase of admission tickets in connection with leisure activities for which a specific date or period is scheduled are not subject to the right of withdrawal (Section 312g(2), first sentence, No. 9 of the German Civil Code (BGB)). This means that there is no two-week right of withdrawal and return. Gift vouchers issued without a specific date are not covered by this exclusion.
9. Liability
9.1 CHOCOVERSUM shall be liable without limitation for damage resulting from injury to life, limb or health arising from an intentional or negligent breach of duty by CHOCOVERSUM, its legal representatives or vicarious agents, as well as for damage arising from an intentional or grossly negligent breach of duty by CHOCOVERSUM, its legal representatives or vicarious agents.
9.2 CHOCOVERSUM shall only be liable for damage resulting from simple negligence in the event of a breach of a fundamental contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may reasonably rely. In such cases, liability shall be limited to the damage typical for this type of contract and foreseeable at the time the contract was concluded.
9.3 In all other respects, CHOCOVERSUM’s liability for simple negligence is excluded.
9.4 Insofar as CHOCOVERSUM’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, senior executives and ordinary vicarious agents.
9.5 Liability under the Product Liability Act remains unaffected by the above provisions.
The right of withdrawal set out below applies only to tickets purchased via the online shop which are not valid for a specific date.
Cancellation Policy
Right of withdrawal
A. No right of withdrawal for tickets with a specific date
Contracts for the purchase of admission tickets in connection with leisure activities for which a specific date or period is scheduled are not subject to the right of withdrawal (Section 312g(2), first sentence, No. 9 of the German Civil Code (BGB)). This applies to all tickets booked for a specific day of visit or period. Any order for such tickets is therefore binding immediately upon confirmation and obliges the customer to accept and pay for the tickets ordered. There is no two-week right of withdrawal or return for these tickets.
B. Right of withdrawal for tickets and vouchers without a specific date
If you purchase tickets or experience vouchers that are not valid for a specific date (e.g. open-ended voucher cards or experience vouchers with no time restriction to a specific date), you have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the date the contract is concluded.
To exercise your right of withdrawal, you must notify us, CHOCOVERSUM GmbH, Am Meßberg 1, 20095 Hamburg, Tel.: 040 - 41 91 23 00, Fax: 040 - 41 91 23 0 – 20, service@CHOCOVERSUM.de) by means of a clear statement (e.g. a letter sent by post or e mail) informing us of your decision to withdraw from the contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send notification of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you without delay and at the latest within 14 days of the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of withdrawal in respect of this contract, compared with the total scope of the services provided for in the contract.
Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to us.
To CHOCOVERSUM GmbH, Am Meßberg 1, 20095 Hamburg, Tel.: 040 - 41 91 23 00, Fax: 040 - 41 91 23 0 – 20, service@CHOCOVERSUM.de:
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following services ()
Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notifications)
Date
(*) delete as appropriate
10. Data protection
CHOCOVERSUM processes the data necessary for the initiation and fulfilment of the concluded contract on the basis of Article 6(1)(b) of the GDPR. CHOCOVERSUM does not disclose the stored data to third parties unless this is necessary for the dispatch of the goods, for billing purposes, or as required by law. The customer may request the deletion of the stored data at any time. Further information on data protection and data subjects’ rights is set out in our Privacy Policy.
11. Retention of title
Until full payment has been made, the admission ticket or goods remain the property of CHOCOVERSUM.
12. Late Payment
If the customer defaults on payment, interest on arrears at a rate of 5 percentage points above the base rate per annum shall be payable. We reserve the right to claim further damages arising from the default.
13. Set-off and Right of Retention
The customer may only set off claims that are undisputed or have been legally established. The customer shall only be entitled to a right of retention in so far as their counter-claim is based on the same contractual relationship.
14. Miscellaneous
14.1 Should any individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision.
14.2 German law shall apply exclusively.
14.3 If the customer is a trader, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction and place of performance for all claims arising directly or indirectly from the contractual relationship shall be Hamburg.
14.4 However, in the case of disputes arising from online sales contracts, consumers retain the option of referring the matter to the relevant consumer arbitration bodies. CHOCOVERSUM is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
The Terms and Conditions should be checked regularly to ensure they are up to date, particularly in the event of changes to the law or new case law.