General Terms & Conditions of the Planetarium Hamburg
CONTENT
1. Scope of Application
2. Conclusion of Contract and Return of Tickets
3. Consumer’s Right of Cancellation
4. Shows and Events
5. Admission prices and Payment methods
6. Vouchers
7. Prices and Delivery of Other Goods
8. Retention of Title
9. Liability
10. Recording of Images and Sound
11. Governing Law
12. Severability
TERMS AND CONDITIONS
1. Scope of Application
The following General Terms and Conditions (T&Cs) govern the legal relationship between Planetarium Hamburg and its customers. These T&Cs shall be deemed to have been agreed upon acceptance by the customer and conclusion of the contract. No other agreements will be accepted unless Planetarium Hamburg expressly agrees to their validity. These T&Cs apply throughout the business relationship.
They therefore apply to future services without the need for a new agreement.
2. Conclusion of Contract and Return of Tickets
(1) The presentation of products in the online store does not constitute a legally binding offer, but only an invitation to order. The customer places a binding order for the goods listed on the order page by clicking the "Buy Now" button. The contract of sale is concluded when Planetarium Hamburg accepts the order by sending an order confirmation by email immediately after receipt of the order. When purchasing tickets for events organised by Planetarium Hamburg ("Tickets"), the contract between the customer and Planetarium Hamburg comes to stand upon completion of the purchase process through the electronic transfer of the entrance ticket. Planetarium Hamburg reserves the right to refuse an order if the goods ordered are out of stock or unavailable in which case the customer will be notified by email.
(2) Entrance tickets are validated by first use of the QR code on the day of the event. Once admitted, the customer will not be able to re-enter the venue a second time. Entrance tickets can usually be purchased until shortly before the event.
(3) The customer may return purchased entrance tickets to Planetarium Hamburg by making a written request up to 24 hours before the start of the event (return). In this case, the Planetarium will issue the customer with a voucher for the purchase price. A fee of 10% of the purchase price (net) will be charged, with a minimum of €5 per booking transaction.
(4) Entrance tickets will only be accepted if they are printed legibly or displayed on the screen of a mobile device. An order or purchase confirmation is not sufficient for gaining admission. Any form of redistribution or alteration of entrance tickets is prohibited. Planetarium Hamburg will not accept entrance tickets that have been reprocessed or altered in this way.
(5) Planetarium Hamburg accepts no liability for the loss and/or misuse of entrance tickets.
(6) Contact and order processes are usually handled by email and automated order processes. It is the customer's responsibility to ensure that the email address provided is complete and correct so that emails that Planetarium Hamburg sends can be received. The customer must also ensure that all emails from Planetarium Hamburg and commissioned third parties can be delivered, even in the case of spam filters.
3. Consumer’s Right of Cancellation
(1) Consumers have a statutory right of cancellation when concluding a distance selling transaction, about which Planetarium Hamburg provides the following information in accordance with the statutory model. The customer is a consumer to the extent that the purpose of the goods and services ordered cannot be predominantly attributed to their commercial or independent professional activity. Exceptions to the right of cancellation are regulated in Sec. 3.
(2) The following cancellation policy applies:
Cancellation policy
If you have a right of cancellation under (1), you have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date you or a third party named by you, other than the carrier, took possession of the goods.
To exercise your right of cancellation, you must notify us in writing (e.g. by letter, fax or email) of your decision to cancel this contract.
In order to comply with the cancellation period, it is sufficient to send the notification that you wish to exercise your right of cancellation before the end of the cancellation period.
Effects of cancellation
If you cancel this contract, we will be obliged to refund to you all payments we have received from you, including delivery charges (other than any additional charges incurred as a result of you choosing a delivery method other than the cheapest stand-ard delivery method we offer), such refund to be made immediately or no later than fourteen days after we receive your notice that you wish to cancel your contract with us. We will make the refund using the same payment method you used for the origi-nal transaction, unless otherwise expressly agreed with you; you will not be charged any fees for this refund.
We may withhold any refund until we have received the goods to be returned or you can prove that you have returned the goods, whichever occurs first.
You must return or hand over the goods immediately and in any event no later than fourteen days after you notify us of your cancellation. The time limit will be deemed to have been met if you dispatch the goods before the end of the fourteen day period.
You are responsible for the direct cost of returning the goods.
You will only be required to pay for any diminution in the value of the goods if the dim-inution in value is due to unnecessary testing of the quality, characteristics and functionality of the goods.
The right of cancellation does not apply to contracts for the supply of sound or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
(3) The right of cancellation is excluded for the purchase of entrance tickets pursuant to Sec. 312g (2) No. 9. German Civil Code (BGB), as these are services in the field of leisure activities.
4. Shows and Events
(1) The dates and themes of the events are published online, by notice and/or in the programme booklet. Entrance tickets may be exchanged or returned in the event of changes to the programme or cancellation of the event. Planetarium Hamburg accepts no responsibility for announcements made by third parties (e.g. the press or advance booking offices). All claims for damages are excluded.
(2) Admission cannot be guaranteed for late arrivals to events. There is no right to com-pensation.
(3) For 3D screenings, 3D glasses will be provided upon entry to the auditorium; these are on a rental basis only and must be returned at the end of the event. The rental fee is included in the price of the entrance ticket.
5. Admission prices and Payment methods
(1) The admission prices and discounts published in the current Regulations of Use and Fee Regulations for Hamburg Planetarium apply. Statutory VAT is included in the pric-es quoted.
(2) Tickets can be purchased through the online store, the ticket hotline, the box office or other ticket outlets. If tickets are purchased through our online store, they can be emailed as mobile tickets directly to a valid customer email address. Alternatively, customers can choose delivery or personal collection (pick-up), for which Planetarium Hamburg may charge a fee. The amount of this charge is displayed during the ordering process and in the shopping basket.
(3) Concessions are only granted if the reason is stated at the time the purchase or reservation is made. Once the booking process has been completed, no further concessions will be granted. Proof of eligibility in the form of an ID card will be required at the time of admission in addition to the concession ticket. If this does not bear a photo, then photo ID (e.g. identity card or driving licence) will also need to be presented.
(4) Only the payment methods offered can be used to pay the purchase price. The transaction is processed via the respective payment service provider and the payment method selected by the customer. The payment service provider's terms of use and privacy policy apply.
6. Vouchers
(1) Vouchers from Planetarium Hamburg can be used to purchase tickets for events at the planetarium. Unless otherwise stated on the voucher, vouchers can be redeemed at the Planetarium Hamburg online store, at the box office, via the ticket hotline and at participating ticket outlets. If vouchers are purchased through the online store, Planetarium Hamburg may charge an additional fee for this.
(2) Vouchers issued by Planetarium Hamburg cannot be exchanged or returned. The cancellation policy under Sec. 3 applies to vouchers purchased through the online store.
(3) Vouchers and remaining credit must be redeemed within the statutory period from the date of purchase. Any remaining balance will be credited to the customer by the expiry date. They are not paid out in cash and do not bear interest.
(4) Vouchers must be redeemed before completing the ordering process. They can no longer be cashed in after this time.
(5) If a voucher does not cover the value of the order, one of the payment methods offered can be used to pay the balance.
(6) Vouchers offered by Planetarium Hamburg as part of a special promotion or as a gift are subject to the terms and conditions of the special promotion or those agreed at the time the gift voucher was offered. The provisions of Sec. 6 apply nevertheless if no such deviating conditions are stipulated.
7. Prices and Delivery of Other Goods
(1) This section applies to the purchase of goods other than tickets or vouchers ("Other Goods").
(2) The prices stated include statutory VAT. When ordering through the web shop, Planetarium Hamburg charges delivery costs in addition to the prices indicated. The delivery cost amount is displayed during the ordering process and in the shopping basket.
(3) The provision of Sec. 5 (4) applies accordingly to the payment of the purchase price.
(4) Goods purchased on the spot at the box office for the purposes of this section are excluded from exchange where there is no defect in the item purchased.
8. Retention of Title
Planetarium Hamburg retains title to the goods delivered until the purchase price and all associated costs have been paid in full.
9. Liability
(1) Claims for damages on the part of the customer are excluded. Excluded from this are claims arising from loss of life, limb or health or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by Planetarium Hamburg, its legal representatives or vicarious agents. Material contractual obligations are those of which fulfilment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of material contractual obligations, Planetarium Hamburg shall only be liable for the foreseeable damage typical of the contract if the breach was caused by ordinary negligence, unless the customer's claims for damages arise from loss of life, limb or health.
(3) The limitations of (1) and (2) shall also apply to legal representatives and vicarious agents of Planetarium Hamburg if claims are asserted directly against them.
(4) The limitations of liability in (1) and (2) shall not apply if Planetarium Hamburg fraudulently concealed the defect or guaranteed the condition of the item. The same applies if Planetarium Hamburg and the customer have reached an agreement on the condition of the item. The provisions of the German Product Liability Act (ProdHaftG) remain unaffected.
(5) People who suffer from photosensitive epilepsy may experience epileptic seizures or loss of consciousness due to the rapidly changing light and laser effects in the Star Hall. Planetarium Hamburg accepts no liability for any resulting losses or harm.
10. Recording of Images and Sound
(1) The recording of sound, images, films, descriptions or other components of events is prohibited without the prior written permission of Planetarium Hamburg. The transmission and distribution of this content via the Internet or other media is also prohibited.
(2) If written permission is granted by the Hamburg Planetarium in accordance with (1) above, the recorded content may only be used for personal and non-commercial purposes. Commercial use requires separate written permission from Planetarium Hamburg, including an agreement on remuneration.
(3) In connection with the event, the ticket holder consents to the use of the ticket holder's image and voice for all present and future media in the form of photographs, live transmissions, broadcasts and/or recordings of image and/or sound by Planetarium Hamburg and its agents. Sec. 23 (2) German Art Copyright Act (KUG) remains unaffected.
11. Governing Law
(1) Contracts between Planetarium Hamburg and the customer are governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer has their habitual residence as a consumer, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Hamburg, Germany.
12. Severability
If any provision of these terms and conditions is or becomes completely or partially invalid or unenforceable, it does not prejudice the validity and enforceability of all its other provisions. The parties undertake to agree to a provision in place of the excluded or invalid provision that comes as close as possible to the content of the original provision.
November 2023
