General Conditions

  1. APPLICATION AND CONTRACTUAL RELATIONSHIP

1.1 These General Conditions (hereafter «CG») apply to Christmas Garden events in Spain marketed by our ticket partner, www.myticket.de (“events”). The organizer is Christmas Garden Deutschland GmbH, Potsdamer Str. 58, 10785 Berlin, Germany, Managing Directors: Christian Diekmann and Sebastian Stein; court of registry: Juzgado Local de Charlottenburg (Berlin), HRB: 127606 ("Christmas Garden Deutschland"). These GTC form part of the contract concluded between you (hereinafter "you" or "customer") and Christmas Garden Deutschland in relation to the purchase of tickets (hereinafter "tickets"). Other specifications of this contract are based on the following provisions. Tickets are sold in number and at the expense of Christmas Garden Deutschland.

1.2 In addition to these GTC, the general conditions (including venue rules) of the owner of the event venue apply at the venue.

2. COMPOSITION OF THE ENTRY PRICE AND DUE DATE/EXCLUSION OF WITHDRAWAL

2.1 The price of the ticket is made up of the basic price of the ticket, and the management costs including VAT. The price of the tickets must be paid at the conclusion of the contract. The final price of the tickets will be shown during the purchase process.

2.2 The contract regarding your attendance at the event is a contract for a recreational event without a legal right of withdrawal for the client. Therefore, you cannot legally withdraw your declaration of intent in relation to the request for tickets to a recreational event.

3. TICKETS REFUNDS AND REFUNDS

3.1 Tickets can only be returned, and the price of these will be refunded, only if the event is canceled and/or rescheduled. If the event is canceled and an alternative date is scheduled, you can return your ticket through the channel with which they were purchased. If the event is postponed, your ticket will still be valid for the rescheduled date. If you cannot attend the event on the rescheduled date, you can return the ticket through the channel where you bought it. Travel expenses will not be reimbursed if an event is rescheduled or cancelled.

3.2 Management fees paid will not be reimbursed.

3.3 In each of the above cases, the ticket price will only be refunded if the original ticket is returned; return costs will be borne by you. Refunds are not possible in the event of ticket loss.

3.4 By purchasing a ticket, you acknowledge that we must apply the necessary legal requirements and dispositions for entry to the event. If you do not comply or cannot comply with said requirements and dispositions at any time, we can, after an unsuccessful request, assert our right to deny you access or ask you to leave the event.

The organizer points out that, even in the case of full application of the adequate protection and hygiene concepts and compliance with all the necessary hygiene measures, the contagion of the visitors with the Coronavirus (SARS-CoV-2) or other diseases

4. OBLIGATIONS OF THE CLIENT WHEN ATTENDING THE EVENT

4.1. Christmas Garden events in Spain can only be attended during the specified hours. You can select and book the available times when buying the ticket. Entry is only allowed during the specified time period of 30 minutes. Entry before or after the reserved time slot is not allowed.

4.2 The stay in the enclosure may not exceed 2 hours. Visitors must leave the premises after 2 hours. It is necessary to avoid agglomerations at the entrances, exits, throughout the enclosure and during arrival and departure. Distance and hygiene rules must be respected in all areas of the event.

4.3 Admission for children up to 36 months is free. (Note: Only up to 3 years in Cologne, Germany).

4.4 Animals are not allowed in the event area (except in the Allwetterzoo in Münster, Germany). Exceptions will only be made with trained assistance dogs.

4.5 Coughing and sneezing advice must be followed throughout the event area and at the entrances and exits.

4.6 The rules of distance (1.50 meters from people who are not members of your family or your home) must be respected throughout the event area, at the entrances and exits and during arrival and departure.

4.7 Staff instructions, signals and public address announcements must be respected.

4.8 In the event that the above provisions are infringed, Christmas Garden Deutschland reserves the right to deny access to clients or other offending persons or to expel them from the event.

5. RESPONSIBILITY OF CHRISTMAS GARDEN DEUTSCHLAND

5.1 Christmas Garden Deutschland is liable without limitation for any damage to life, physical integrity or health. The same applies to any case of mandatory legal liability, especially under the German Product Liability Act [Produkthaftungsgesetz, ProdHaftG], and in case of warranty.

5.2 In case of simply negligent violations of the essential contractual obligations not covered in section 6.1, Christmas Garden Deutschland will only be liable for foreseeable damages typical of the contract. The essential contractual obligations of Christmas Garden Deutschland include obligations whose fulfillment depends on the correct execution of the contract and whose fulfillment you can regularly rely on.

5.3 Furthermore, Christmas Garden Deutschland will only be responsible for grossly negligent or willful contractual breaches.

5.4 To the extent that the responsibility of Christmas Garden Deutschland is excluded or limited by the above provisions, the same applies to the responsibility of the legal representatives and executive assistants of Christmas Garden Deutschland.

5.5. You and your companions are aware that, despite all preventive measures, the risk of infection by Covid-19 still exists and cannot be completely excluded. By buying a ticket and attending the event, you and your companions expressly accept this risk as part of the general risk for your life.

6. SOUND AND/OR IMAGE RECORDINGS OF CHRISTMAS GARDEN DEUTSCHLAND

In the event that image and/or sound recordings are made during the event, such as radio or television recordings, by authorized persons, and that you are identifiable in the images and/or sound recordings , you give your consent for the reproduction, disclosure and public display, especially through the broadcast, of these recordings without the right to remuneration.

7. APPLICABLE LAW AND PLACE OF JURISDICTION

7.1 If the customer is not a consumer, German legislation will apply under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

7.2 If the customer is a merchant, a legal person under public law or a special heritage under public law, the place of fulfillment and jurisdiction is Berlin, Germany.

7.3. If you are a consumer and buy your ticket online, please note that the European Commission offers an online dispute resolution platform at: https://ec.europa.eu/consumers/odr/main.

The e-mail address of Christmas Garden Deutschland GmbH is: info@christmas-garden.de

8. FINAL PROVISIONS

In the event that any of the provisions of the contract is totally or partially invalid or ineffective, this will not affect the effectiveness of the rest of the provisions. Instead of the general conditions not included or ineffective, the corresponding legal provision will apply (Article 306(2) of the German Civil Code [Bürgerliches Gesetzbuch, BGB]). Otherwise, the parties must replace the invalid or ineffective provision by an effective provision that comes as close as possible to the invalid or ineffective provision from an economic point of view, if an additional interpretation of the contract is not possible.

From July 2021 Christmas Garden Deutschland GmbH