GENERAL TERMS AND CONDITIONS
Fundation Kapfenburg castle
GENERAL TERMS AND CONDITIONS (ONLINE SHOP)
General Terms and Conditions for the Online Shop of the Foundation International Music School Academy Cultural Center Kapfenburg Castle
1. Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Stiftung Schloss Kapfenburg (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Conclusion of contract
2.1 Our presentation of goods in the web shop does not constitute a binding offer to sell. The offer to conclude a purchase contract is made by you as the customer by clicking the "buy now" button on the order page of the web shop after you have completely filled out the order form. You remain bound to this order for 5 working days, i.e. the contract is bindingly concluded if we accept your order within this period.
2.2 After sending the order, you will immediately receive an e-mail confirming receipt of the order by us ("order confirmation").
2.3 Insofar as you are entitled to a statutory right of withdrawal (see § 6), this shall remain unaffected by the above provisions in any case. 2.4 The contract shall be concluded in German. In case of questions of interpretation, the wording of the German GTC shall prevail.
3. Prices and additional costs
The final prices stated in our web store include the statutory value added tax and all other price components plus shipping costs, unless otherwise stated.
4. Payment and retention of title
The payment of the purchase price takes place optionally - after more detailed indication on the order side in our webshop - over the following payment methods: SEPA direct debit mandate Your account will be debited upon delivery of the goods. Under the legal conditions, we can charge you a sum of EUR 10.00 for chargeback costs if the amount to be paid by you cannot be credited to us, in particular due to a lack of sufficient account coverage. The above sum for damages shall only apply if we do not prove higher damages or you prove lower damages in an individual case. Further statutory rights shall remain unaffected. You shall only be entitled to rights of set-off or retention to the extent that your claim has been legally established or is undisputed; in the event of defects in the delivery, your counter rights shall remain unaffected in full. Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price including any ancillary costs), we retain ownership of the delivered goods in any case.
5. Delivery and transfer of risk
The risk of accidental deterioration and accidental loss of the goods shall pass to you in accordance with the statutory provisions. If you are a consumer, the risk of accidental deterioration and accidental loss of the goods shall therefore only pass to you when the goods are handed over to you or when you are in default of acceptance. We therefore assume the risk of loss or damage to the goods in transit to you. If you are an entrepreneur, on the other hand, we are only responsible for handing over the goods to the transport company used by us and, in particular, we are not responsible for their negligence in carrying out the delivery. We shall therefore be released from the obligation to perform if the goods are lost or destroyed in transit or if the delivery finally fails for other reasons. Delivery periods stated by us are subject to the conclusion of the contract and the full payment of the purchase price. If you order several items at the same time, for which different delivery times are indicated in our web shop, the relevant delivery time is the longest delivery time indicated. If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (non-availability of the goods, e.g. due to lack of self-supply by upstream suppliers or force majeure), we will inform you immediately, stating the new delivery deadline if necessary. If the new delivery period is not acceptable to you or if the goods are not available within the new delivery period or not available at all, both contracting parties shall be entitled to withdraw from the contract with regard to the goods concerned; in this case we shall immediately refund any amount already paid. The statutory rights of the contracting parties shall remain unaffected. If no person who’s authorized to receive the goods is found at the delivery address provided by you during the delivery times, the transport company used by us will leave and send you a written notification with further messages and information, in particular regarding the date of a new delivery attempt, the possibilities of contacting you to arrange an appointment and/or the location of a deposit for collection. Agreements between you and the transport company deviating from this remain unaffected, but do not establish any liability at our expense. Should the delivery of the goods fail for reasons for which we are not responsible, we may withdraw from the contract; any payments made will be refunded to you immediately. Our statutory rights, in particular to compensation for additional expenses, remain unaffected.
6. Right of withdrawal
Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which we provide information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph. 2. In paragraph 3 you will find a sample withdrawal form. In para. 4 you will find clarifications to the legal patterns and supplementary regulations to which we are bound in addition to the legal right in your favor.
CANCELLATION POLICY
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. Excluded from the revocation period are concert tickets according to § 312g Abs. 2 Satz 1 Nr. 9 BGB (see GENERAL TERMS AND CONDITIONS (TICKETS). In order to exercise your right of revocation, you must inform us (Stiftung Schloss Kapfenburg, 73466 Lauchheim, e-mail: info@schloss-kapfenburg.de, phone +49 7363 96 18 0) of your decision to revoke the contract by means of a clear declaration. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. Consequences of the revocation If you revoke this contract, we shall reimburse all payments we have received from you, including delivery costs id the item(s) haven’t been shipped yet, without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. As far as the right of withdrawal is not excluded by law, you can also exercise the contract only with regard to individual goods ordered and delivered together and keep the rest of the goods. A revocation of the entire contract is not required in these cases.
7. Rights of the customer in case of defects
Your rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions, unless otherwise stipulated below. The product descriptions in our web store and, if applicable, also more detailed manufacturer's specifications and notes that are delivered together with the goods shall be deemed to be agreements on quality. Please take note of such notices before you decide to keep the goods. We shall be liable for damages exclusively in accordance with § 8 of the GTC. If the purchase of goods via our web shop is a commercial transaction for you, the obligations of § 377 HGB apply. Your statutory right of revocation (see § 6) and rights arising from any warranty declarations made separately or enclosed with the goods shall remain unaffected. If a warranty is stated in the item description, your statutory rights against us shall remain unaffected. The statutory limitation periods shall apply. The §§ 444 and 202 BGB remain unaffected. Online dispute resolution pursuant to Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. There is no willingness or obligation to participate in a dispute resolution procedure before a consumer arbitration board.
8. Liability for damages
We shall be liable for damages in accordance with the statutory provisions, unless otherwise stipulated below. In the event of breaches of duty - irrespective of the legal grounds - we shall be liable for intent and gross negligence. In the case of simple negligence we shall only be liable: - for damages resulting from injury to life, body or health and - for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely); in this case, however, liability shall be limited to the compensation of the foreseeable, typically occurring damage. The above limitations of liability do not apply to your statutory claims under the Product Liability Act.
9. Choice of law and place of jurisdiction
The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions governing mandatory consumer protection law shall remain unaffected.
GENERAL TERMS AND CONDITIONS (TICKETS) General Terms and Conditions for events of the Foundation International Music School Academy Cultural Center Kapfenburg Castle
1. Scope of application
1.1 These General Terms and Conditions (hereinafter: GTC) apply to events for which the Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg is the organizer. They govern the relationship between the Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg (hereinafter: Organizer) and the ticket purchasers/event visitors (hereinafter: Customer). The GTC are an integral part of the contract for the purchase of tickets. Other GTC, in particular those of the Customer, shall not become part of the contract, even if the Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg does not expressly object to them.
1.2 By purchasing an admission ticket, the customer confirms that he/she has taken note of these GTC and accepts them as binding.
1.3 For the purchase of event tickets in the form of online tickets via the official website of the organizer www.schloss-kapfenburg.de, the GTCs available there shall apply.
2. Ticket purchase / no right of withdrawal
2.1 Tickets can be purchased online at www.schloss-kapfenburg.de, at the advance booking office (Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg, 73466 Lauchheim), via the ticket hotline (+49 7363 96 18 17) and at all CTS advance booking offices.
2.2 When tickets are purchased, a contract for attendance at the event shall always be concluded only between the customer and the event organizer.
2.3 The tickets remain the sole property of the organizer until full payment has been made.
2.4 According to § 312g Abs. 2 Satz 1 Nr. 9 BGB the customer has no right of withdrawal.
3. Use and resale of the tickets
3.1 Any professional or commercial resale of the admission tickets without the prior consent of the organizer is prohibited. This includes, in particular, the sale of admission tickets to third parties at inflated prices or the auctioning of tickets via an Internet auction house with the intention of making a profit.
3.2 The sale of tickets outside the venue is prohibited without exception.
4. Consequences of improper ticket acquisition 4.1 For each case of culpable violation of the prohibitions under section 3, the organizer may demand payment of an appropriate contractual penalty from the customer up to a maximum amount of EUR 1,000. Further claims for damages by the organizer remain unaffected. A contractual penalty paid shall be offset against a claim for damages.
4.2 Furthermore, the organizer reserves the right to deny access to the event to persons for whom there are concrete indications that they have violated section 3 or have participated in a violation, - to deny access to the event or to exclude them from the event, - to refuse to sell admission tickets to them in the future.
5 Return of tickets / refund of purchase price
5.1 A claim for return of tickets and refund of the purchase price exists in principle only in the event of cancellation or postponement of events.
5.2 The claim for refund of the purchase price in the sense of 5.1. is - in the event of cancellation of the event without replacement, no later than four (4) weeks after the cancelled event date, - in the case of rescheduling to an alternative date, at the latest by 24:00 hours on the day before the alternative event, unless expressly agreed otherwise in the individual case.
5.3 The customer must contact the administration at the location of the Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg (in Lauchheim) regarding claims under the above clauses. Reimbursement of the purchase price will always be made only upon presentation of the original ticket. In the event of ticket loss, neither refunds of the purchase price nor the issue of replacement tickets are possible.
5.4 If the customer is prevented from asserting the refund claim in due time for reasons that are not justifiable for him - e.g. due to illness - he is obliged to prove the existence of those conditions that justify the non-occurrence.
5.5 The right of the customer to withdraw from the contract due to a breach of duty for which the organizer is responsible within the framework of the legal regulations remains unaffected. However, the assertion of claims for damages and/or reimbursement of expenses shall be subject to the proviso of clause 6 of the GTC.
6 Liability of the organizer / warranty
6.1 The organizer is liable without any limitation for all culpably caused damages to life, body and health within the framework of the contractual relationship. 6.2 In the event of a breach of essential contractual obligations (so-called cardinal obligations), which are based on simple negligence only and are not covered by Section 6.1, the liability of the Organizer shall be limited to compensation for the foreseeable damage typical for the contract. The cardinal obligations of the organizer include those whose fulfillment makes the proper execution of the contract possible and on whose compliance the customer may regularly rely.
6.3 In all other respects, the organizer shall only be liable in the event of gross negligence or intentional breach of contractual obligations.
6.4 Insofar as the liability of the organizer is excluded or limited in accordance with the above paragraphs, this shall also apply to the liability of its legal representatives and vicarious agents.
7. Obligations of the customer when attending the event
7.1 Dangerous objects such as gas containers, pyrotechnical articles (e.g. flares, fireworks or sparklers), laser pointers, weapons of any kind as well as objects that can be used as projectiles may not be brought to any event.
7.2 Tape recorders, film, photo or video cameras may not be carried or operated at the event. This also applies to cell phones with photo function. Recordings for commercial and industrial use as well as for purely private purposes are prohibited. Any misuse will be legally prosecuted.
7.3 In the event of a violation of section 7.2, the organizer and its employees are entitled to confiscate recording devices and cameras and to retain them for a fee until the end of the event. Films and recording materials of any kind on which parts of the event are recorded may be confiscated and kept by the organizer. They will be returned to the owner if the latter has agreed to the prior deletion of the recording.
7.4 In the event of a violation of the above paragraphs, the Organizer reserves the right to deny access to the event to the persons concerned or to exclude them from the event.
7.5 The provisions of the Youth Protection Act shall apply. If a concert is attended without the accompaniment of a person authorized to act on behalf of a parent or guardian, a guardian's certificate in accordance with § 1 Paragraph 1 No. 4 of the Youth Protection Act ("Muttizettel") must be presented at the entrance, and at least one accompanying person must be of age. In addition, concert-goers must be 7 years of age in all cases, even if accompanied by a parent or guardian.
8. Sound and / or picture recordings of the organizer
In the event that sound and/or image recordings, such as radio or television recordings, are made during the event by persons authorized to do so, the customer agrees that he/she may be recorded in sound and/or image and that the recordings may be reproduced, disseminated and published, in particular broadcast, without entitlement to remuneration, provided that this does not conflict with the customer's legitimate interests.
9. Data protection
Personal data of the customer will be collected, processed and used in compliance with the applicable data protection regulations exclusively for the purpose of the proper execution of the contractual relationship. Accordingly, this customer data is also transmitted to the sales partners of the organizer only for the purpose of executing the order.
10. Final provisions
10.1 Should individual clauses of these GTC be or become invalid, this shall not affect the validity of the other clauses. The invalid clause shall be replaced by a valid clause which comes as close as possible to the economic purpose of the contract on the basis of the intentions of the parties. The same shall apply in the event of any loophole.
10.2 All events are subject to the country's then-current regulations regarding pandemic measures. If there are reasons concerning the person of the customer or his sphere of risk that prevent participation in the event, this does not result in any claims against the organizer.
GENERAL TERMS AND CONDITIONS (EDUCATIONAL OFFERS)
General Terms and Conditions for educational offers of the Foundation International Music School Academy Cultural Center Kapfenburg Castle
Unless otherwise stated, accommodation and full board at Kapfenburg Castle are included in the costs, unless otherwise stated.
For training courses with a limited number of participants, registrations will be considered in the order in which they are received. If the number of participants is too low, the organizer has the right to cancel the course. The registration deadline is two weeks before the start of the course.
The participation fee is due as soon as you have received a binding confirmation that the respective training course will take place as well as the corresponding invoice.
In case of cancellation of participation, the following cancellation fees are due:
Cancellation up to 2 weeks before the date
(in compliance with the statutory revocation period of 14 days) - 25 % cancellation fee
Cancellation up to 7 days before the date - 50 % cancellation fee
later cancellation - 100 % cancellation fee
Participants who do not attend the training without cancellation will be charged the full fee. Even if the training is cancelled, the participation fee cannot be refunded.
With your written registration you agree to these conditions. Furthermore, you give your consent that your personal datas will be stored by the organizer Stiftung Schloss Kapfenburg in compliance with the data protection regulations according to DSGVO.
All events are subject to the country's then-current regulations regarding pandemic measures.
GENERAL TERMS AND CONDITIONS (CULTURE AT THE RESTAURANT)
General Terms and Conditions for cultural events in the restaurant Fermata of the Foundation International Music School Academy Cultural Center Kapfenburg Castle
1. Scope of application
1.1 These General Terms and Conditions (hereinafter: GTC) apply to events Culture in the Restaurant Fermata, for which the Foundation International Music School Academy Cultural Center Schloss Kapfenburg is the organizer. They regulate the relationship between the Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg (hereinafter: Organizer) and the event visitors (hereinafter: Customer). The GTC are an integral part of the contract for the booking of events "Culture in the Restaurant”). Other GTC, in particular those of the Customer, shall not become part of the contract, even if the Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg does not expressly object to them.
1.2 By booking the event, the customer confirms that he has taken note of these GTC and accepts them as binding.
2. Event booking / No right of revocation
2.1 The events of the "Culture in the Restaurant” series can be booked via the Internet at www.schloss-kapfenburg.de, at the advance booking office (Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg, 73466 Lauchheim) and via the ticket hotline (+49 7363 96 18 17).
2.2 When a booking is made, a contract for the attendance of the event is always concluded only between the customer and the organizer.
2.3 The booking confirmation remains the sole property of the organizer until full payment has been received.
2.4 In accordance with § 312g para. 2 sentence 1 no. 9 BGB (German Civil Code), the customer has no right of revocation.
3. Cancellation of booking / Refund of purchase price
3.1 A claim to cancellation of the event booking and refund of the purchase price exists in principle only in the event of cancellation or postponement of events.
3.2 The claim for reimbursement of the purchase price in the sense of 3.1. is - in the event of cancellation of the event without replacement, no later than four (4) weeks after the cancelled event date, - in the case of rescheduling to a substitute date, no later than 24:00 hours on the day before the substitute event, unless expressly agreed otherwise in individual cases.
3.3 The customer must contact the administration at the location of the Stiftung Internationale Musikschulakademie Kulturzentrum Schloss Kapfenburg (in Lauchheim) regarding claims under the above clauses.
3.4 If the customer is prevented from asserting the claim for reimbursement in due time for reasons that are not justifiable for him/her - e.g. due to illness - he/she is responsible for proving the existence of those conditions that justify the non-occurrence.
3.5 The right of the customer to withdraw from the contract due to a breach of duty for which the organizer is responsible within the framework of the legal regulations remains unaffected. However, the assertion of claims for damages and/or reimbursement of expenses shall be subject to the proviso of Section 4 of these GTC.
4 Liability of the organizer / warranty
4.1 The organizer is liable without any limitation for all culpably caused damages to life, body and health within the framework of the contractual relationship.
4.2 In the event of a breach of essential contractual obligations (so-called cardinal obligations), which are based on simple negligence only and are not covered by section 4.1, the liability of the Organizer shall be limited to compensation for the foreseeable damage typical for the contract. The cardinal obligations of the organizer include those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
4.3 In all other respects, the organizer shall only be liable in the event of gross negligence or intentional breach of contractual obligations.
4.4 Insofar as the liability of the organizer is excluded or limited in accordance with the above paragraphs, this shall also apply to the liability of its legal representatives and vicarious agents.
5. Sound and / or image recordings of the organizer
In the event that sound and/or image recordings, such as radio or television recordings, are made during the event by persons authorized to do so, the customer agrees that he may be recorded in sound and/or image and that the recordings may be reproduced, disseminated and published, in particular broadcast, without entitlement to remuneration, provided that this does not conflict with the customer's legitimate interests. 6. data protection Personal data of the customer will be collected, processed and used in compliance with the applicable data protection regulations exclusively for the purpose of the proper execution of the contractual relationship. Accordingly, this customer data is also transmitted to the sales partners of the organizer only for the purpose of executing the order.
7. Final provisions
7.1 Should individual clauses of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other clauses. The invalid clause shall be replaced by a valid clause that comes as close as possible to fulfilling the purpose of the contract in economic terms, based on the intentions of the parties. The same shall apply in the event of any loophole.
7.2 Should there be any reasons in the person of the customer or from his sphere of risk that prevent participation in the event, this shall not result in any claims against the organizer.
All events are subject to the country's then-current regulations regarding pandemic measures.
Status: February 2023