1. Scope of application, definition of terms and contractual object
1.1. The following General Terms and Conditions of Business (hereinafter referred to as “GTCB”) apply to all business relations between
HADAG Seetouristik und Fährdienst AG
St. Pauli Fischmarkt 28
20359 Hamburg
Tel.: +49 (0) 40 – 311707-0
Fax: +49 (0) 40 – 311707-10
Email: info@hadag.de
Internet: www.hadag.de
VAT no.: DE 811239840
represented by its Managing Directors: Tanja Cohrt und Martin Lobmeyer
Supervisory Board Chair: Merle Schmidt-Brunn
Seat of the company: Hamburg
Court of register: Local Court of Hamburg
Register no.: HRB 1948
(hereinafter referred to as “Seller”) and the Seller’s customers (hereinafter referred to as “Purchaser”, jointly also as “Parties”).
1.2. These GTCB apply exclusively when the Purchaser is a consumer. According to sec. 13 of the BGB (German Civil Code) a consumer is every natural person who enters into a legal transaction for purposes that are predominantly outside his or her commercial or independent professional activities. An entrepreneur on the other hand is, according to sec. 14 of the BGB (German Civil Code), a natural person or legal entity or a legally competent partnership which concludes a legal transaction in the exercise of their commercial or freelance professional activities.
1.3. These GTCB apply exclusively to all contracts for the sale and delivery of tickets concluded by the Purchaser with the Seller in respect of the tickets presented by the Seller on its website.
1.4. The Seller’s GTCB apply exclusively. Should the Purchaser use any contrary or supplementary general business terms and conditions, their application is hereby rejected; they only become a contractual component if the Purchaser has expressly agreed to this.
1.5. The Seller is itself the organiser of the offered events. The realisation, operation and content of the relevant event is thus the responsibility of the Seller. Purchase of the ticket creates direct contractual relations between the Purchaser of the ticket and the Seller with regard to attendance of the relevant event. With regard to the realisation of the events the statutory provisions apply exclusively for the relations between the Purchaser and the Seller as well as any deviating general terms conditions of business and/or cancellation conditions of the Seller and/or house rules of the relevant event venue.
2. Conclusion of the contract
2.1. The presentation and advertising of the tickets in the Seller’s online shop do not represent a binding offer by the Seller to conclude a contract of sale, but rather facilitate the issue of a binding offer to conclude a contract of sale by the Purchaser.
2.2. By completing the integrated online order form and subsequently placing the chosen tickets in the virtual shopping basket, the Purchaser makes an initially non-binding offer. With the button “purchase now with binding effect” the Purchaser issues a legally binding order (offer) to purchase the tickets contained in the virtual shopping basket. Before sending their legally binding order, the Purchaser can view and change the entries made at any time via the standard keyboard and mouse functions. The Purchaser can however only issue and transmit acceptance of the contract after accepting these contractual conditions by clicking the button “conditions read and understood”.
2.3. The Seller will confirm receipt of the Purchaser’s issued order in text form (by email) without undue delay. Such a confirmation does not yet represent binding acceptance of the order unless acceptance is declared therein alongside confirmation of receipt.
2.4. A contract is only created if the Seller accepts the order (offer) of the Purchaser within five (5) days,
by sending the Purchaser a declaration of acceptance (e.g. order confirmation) in text form (by email) and the decisive date is receipt of the declaration of acceptance by the Purchaser, or
by delivering the ordered tickets to the Purchaser and the decisive date is receipt of the tickets by the Purchaser, or
by requesting payment from the Purchaser after the order is placed.
If more than one of the above alternatives apply, the alternative fulfilled first is decisive for contractual conclusion. If the Seller does not accept the offer of the Purchaser within the stated time period, this is deemed rejection of the offer and the Purchaser is not longer bound by their declaration of intent.
2.5. The time of contractual conclusion between the Parties depends upon the payment method selected by the Purchaser:
2.5.1. If the payment method “credit card” is selected, the Purchaser transmits their credit card details to the Seller after confirmation of the payment instruction. After the Purchaser is legitimised as the rightful cardholder, the Seller requests the credit card company to initiate the payment transaction and at this point already declares acceptance of the Purchaser’s offer.
2.5.2. If the payment method “PayPal” is selected, settlement is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, and the PayPal conditions of use displayed under the link https://www.paypal.com/de/webapps/mpp/ua/useragreement-full apply. In the order process the Purchaser is redirected from the Seller’s online shop to the website of PayPal. After entry of their payment data and selection of the desired payment method, by clicking the button to complete the order process, the Purchaser also confirms a payment instruction to PayPal. The Seller instructs PayPal after confirming the payment instruction to initiate the payment transaction and accepts the Purchaser’s offer by clicking the button to complete the order process.
2.6. The Seller stores the contractual conditions including the GTCB upon contractual conclusion taking account of data protection and sends these to the Purchaser in text form (email) after dispatching their order. This is the only access the Seller provides to the contractual text.
2.7. The contract is concluded in German and in English.
2.8. The Purchaser must ensure that the email address they provide for order settlement is correct so that the emails sent to this address by the Seller can be received. In particular, the Purchaser must ensure when using SPAM filters that all the emails sent by the Seller or third parties it commissions with processing the order can be received.
3. Right to cancel
3.1. As a consumer the Purchaser has a fourteen-day right to cancel under the statutory provisions.
3.2. According to sec. 312g (2) no. 9 of the BGB (German Civil Code) there is no right to cancel, provided no other agreement has been made, in the case of contracts for the provision of services in connection with leisure activities if the contract stipulates a specific date or period of time for provision. According to this section the right to cancel is also excluded in the case of contracts whose object is the sale of tickets for fixed date leisure events.
3.3. The right to cancel does not apply for consumers who, at the time of contractual conclusion, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address at the time of contractual conclusion are outside the European Union.
3.4. Further information on the right to cancel can be taken from the Seller’s cancellation notice below.
Cancellation notice
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period expires fourteen days after the day on which you acquire, or a third party other than the carrier and appointed by you, acquires physical possession of the last of the goods.
In order to exercise your right to cancel you must inform us (HADAG Seetouristik und Fährdienst AG, St. Pauli Fischmarkt 28, 20359 Hamburg, Germany, Tel.: +49 (0) 40 – 311707-0, Fax: +49 (0) 04 – 31170710, Email: info@hadag.de) of your decision to cancel this contract with a clear declaration (e.g. a letter sent by post or email). You may use the attached model cancellation form, but this is not obligatory.
To meet the cancellation deadline it is sufficient that you send your notification concerning exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract we must reimburse you all payments received from you, including the costs of delivery (except for the additional costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days after the day on which we receive notification of your cancellation of this contract. We will make this reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have provided proof of having returned the goods, whichever is the earliest.
You are to send the goods back or hand them over to us without undue delay and in any event not later than fourteen days after the day on which you notify us of your cancellation of this contract. The deadline is met if you dispatch the goods before the period of 14 days has expired.
You are to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this is due to handling other than that which is necessary to establish the quality, characteristics and functioning of the goods.
Exclusion and/or premature expiry of the right to cancel
According to sec. 312g (2) no. 9 of the BGB (German Civil Code) there is no right to cancel, provided no other agreement has been made, in the case of contracts for the provision of services in connection with leisure activities if the contract stipulates a specific date or period of time for provision. According to this section the right to cancel is also excluded in the case of contracts whose object is the sale of tickets for fixed date leisure events.
The right to cancel does not apply for consumers who, at the time of contractual conclusion, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address at the time of contractual conclusion are outside the European Union.
- End of the cancellation notice –
Cancellation form
If you wish to cancel the contract, please complete and submit this form.
To
HADAG Seetouristik und Fährdienst AG
St. Pauli Fischmarkt 28
20359 Hamburg
Germany
Fax: +49 (0) 40 – 311707-10
Email: info@hadag.de
I/We (*) hereby cancel my/our (*) contract concluded for the purchase of the following goods (*)/provision of the following service (*)
_________________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only if this form completed on paper)
_________________________
Date
(*) Delete as appropriate
4. Conditions of delivery and dispatch
Tickets are provided to the Purchaser by download and by email.
5. Redemption of tickets
5.1. The ticket can only be redeemed once and only for the event of the Seller stated on the relevant ticket. After commencement of the event the ticket can no longer be redeemed for the selected event.
5.2. The ticket may be transferred to a third party and can be redeemed by the relevant holder from the Seller before commencement of the event in discharge of liability. The ticket cannot be redeemed if the relevant holder is not entitled or does not have legal capacity or does not have the right of representation and the Seller is aware of this or unaware due to gross negligence.
6. Prices and payment conditions
6.1. Unless stated otherwise in the offer descriptions of the Seller the prices stated are overall prices. They are given in EURO and are gross prices including VAT at the statutory rate valid on the date of invoicing.
6.2. Price changes are permissible if there is a period of more than four (4) months between contractual conclusion and the agreed implementation date. If thereafter and up to the date the Seller’s services are performed there are changes in the material production and/or material and/or product procurement costs, wages and ancillary wage costs, social contributions and energy costs and the costs of environmental levies and/or currency rules and/or changes in customs duties and/or freight rates and/or public authority charges and/or increases in the fees charged by third parties involved in service performance, then the Seller is entitled to make a reasonable price adjustments in line with the cost increases or cost reductions. The Purchaser is only entitled to withdraw from the contract if the price increase is in excess of 5 %.
6.3. The Purchaser can choose to pay the purchase price by any of the payment methods below:
6.3.1. If the payment method “credit card” is selected, the Purchaser transmits their credit card details to the Seller after confirmation of the payment instruction. Immediately after the Purchaser is legitimised as the rightful cardholder, the Seller requests the credit card company to initiate the payment transaction and the Purchaser’s credit card is charged.
6.3.2. If the payment method “PayPal” is selected, settlement is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, and the PayPal conditions of use displayed under the link https://www.paypal.com/de/webapps/mpp/ua/useragreement-full apply. In the order process the Purchaser is redirected from the Seller’s online shop to the website of PayPal. If the Purchaser is not already registered with PayPal registration is first required to be able to pay the invoice via PayPal. After the registration process the Purchaser must confirm their identity with their access data and confirm the payment instruction to the Seller. After confirmation of the payment instruction the Seller requests PayPal to initiate the payment. The payment via PayPal is made automatically.
7. Liability for defects, acts of God and withdrawal
7.1. The Seller is liable for material or legal defects in the delivered tickets in accordance with the valid statutory provisions, in particular secs. 434 et seq. of the BGB (German Civil Code).
7.2. If the Purchaser withdraws from the contract or does not accept the agreed performances without withdrawing from the contract then the Seller retains the right to the agreed payment.
7.3. If the Seller’s event is significantly impeded, endangered or compromised due to acts of God not foreseeable at the time of contractual conclusion (e.g. extraordinary waterway conditions posing a traffic hazard, flooding, particular weather events, storm, strike, pandemic, unforeseen public authority orders or other operational disruptions, etc.) or if it has to be cancelled for other reasons for which the Seller is not responsible, then the Seller can withdraw from the contract.
7.4. The Seller also has the right to withdraw from the contract if the minimum passenger number of eight (8) is not achieved at events. In this case the Seller will refund the purchase price to the Purchaser. More extensive claims are excluded.
7.5. In the cases stated above the Seller will reimburse in full any payments already made if the Purchaser does not exert their right to book an event of at least equal value from the Seller’s available offers. The Purchaser must assert their claim against the Seller to another event of equal value without undue delay after receiving the Seller’s declaration of withdrawal. Provided no other agreement is made between the parties, the Seller will reimburse the Purchaser the payment using the same means of payment as the Purchaser used when booking the ticket. The Purchaser is not entitled to compensation claims.
8. Liability for damage
8.1. With regard to the performances provided by the Seller, it, its legal representatives and its vicarious agents are liable only in the case of deliberate acts or gross negligence.
8.2. In the case of a violation of essential contractual duties there is also liability for ordinary negligence, but this is limited to the foreseeable damage typical for this type of contract.
8.3. Essential contractual duties are those duties which the contract imposes upon the Seller in its very content to achieve the contractual purpose, the fulfilment of which actually make possible proper implementation of the contract and upon whose fulfilment the Purchaser is generally entitled to rely (known as cardinal duties). Claims for damage to life, limb or health and under product liability legislation remain unaffected by the aforementioned restrictions.
8.4. In the case of ordinary negligence liability is limited in total to the level of the foreseeable damage which is typically to be expected. In the case of damage to persons or property the liability is limited to EUR 100 million (in words: one hundred million Euro) per insurance year.
8.5. In all other respects the liability of the Seller is excluded.
9. Data protection
9.1. The Seller collects and stores the data on the Purchaser which is necessary for completing the transaction. When processing the personal data of the Purchaser the Seller will take account of the statutory provisions. The Seller is entitled to pass on this data to third parties commissioned with completing the order if this is necessary to fulfil the contract. Further details can be taken from the Seller’s privacy policy which can be accessed on its website.
9.2. The Purchaser is entitled to receive information about the personal data stored on them at any time upon request.
9.3. In all other respects the statutory data protection regulations apply, in particular the General Data Protection Regulation (GDPR), the revised German Data Protection Act (BDSG-neu) and the German Telemedia Act (TMG).
9.4. The Seller holds the copyrights to all texts, images and films published on its website. Use of the images, films and texts is not permitted without the explicit consent of the Seller.
10. Alternative dispute resolution
10.1. The EU Commission provides an Internet platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for extrajudicial resolution of disputes arising out of online sales or service contracts in which a consumer is involved.
10.2. The Seller is not obliged and not prepared to participate in dispute resolution proceedings before a consumer arbitration body/ universal arbitration body.
11. Final provisions
11.1. These GTCB and the contractual relations between the Parties are subject to the law of the Federal Republic of Germany under exclusion of international uniform regulations, in particular the UN Convention on the International Sale of goods.
11.2. Furthermore, with regard to the statutory right to cancel this choice of law does not apply to consumers who, at the time of contractual conclusion, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address at the time of contractual conclusion are outside the European Union.
11.3. If the Purchaser has no general place of jurisdiction in Germany or another EU Member State, the exclusive place of jurisdiction for all disputes arising out of this contract is the business seat of the Seller in Hamburg.
Valid from: 05.07.2021