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General Terms and Conditions Ticket Shop

GENERAL TERMS AND CONDITIONS OF HPG Projektentwicklungs GmbH for the Ticket Shop (as of January 2023)

Provider

HPG Projektentwicklungs GmbH

represented by the managing directors Mrs. Beate Hoffmann, Hans-Georg Hoffmann and Daniel Reiche

Potsdam Local Court Register number: HRB 28978

Registered office of the company: Beelitz, Straße nach Fichtenwalde 13, 14547 Beelitz OT Beelitz-Heilstätten

I. Scope of application

1. The following terms and conditions apply to all contractual relationships established in the Ticket Shop between HPG Projektentwicklungs GmbH – hereinafter also referred to as Baum&Zeit – and its customers, insofar as these have effectively formed the basis of the contract. They apply to the purchase of admission tickets (tickets) and other services offered by Baum&Zeit, provided they are booked or purchased via the online ticket store at https://shop.baumundzeit.de.

2. Any general terms and conditions of the customer that deviate from the following provisions are expressly rejected. By placing an order, the customer recognizes the GTC in their current version as solely applicable to the contractual relationship.

3. By purchasing tickets, the customer also recognizes the Baum&Zeit parking regulations as binding.

II. Products

1 HPG Projektentwicklungs GmbH offers tickets and vouchers via the online store.

2. The purchase of a ticket for a visit to the treetop walk entitles the holder to one admission to the treetop walk experience area. The ticket loses its validity when leaving the treetop walk experience area. When purchasing tickets with a validity note, the tickets are only valid for the day/period specified when ordering. Tickets purchased at fixed tour times cannot be exchanged or refunded. Exceptions to this are at the sole discretion of Baum&Zeit.

3. In the event of the loss of an admission ticket, there is no entitlement to a replacement or refund.

4. Resale to third parties is expressly prohibited.

5. Proof of concessions must be presented at the admission control without being asked, together with an identity document. If a corresponding proof of discount is not presented, the customer must pay the difference to the normal price at the cash desk in order to be entitled to admission.

III. Conclusion of contract

1. Sale via the Internet

The offer of goods on the HPG Projektentwicklungs GmbH website does not constitute a binding offer by HPG Projektentwicklungs GmbH to conclude a contract. The presentation merely invites the customer to submit an offer by placing an order.

a. Voucher purchase

When purchasing a voucher, the customer must first select the voucher. After clicking on the “Add to cart” button, an order overview appears. After clicking on the “Order for a fee” button, a new page appears on which the customer must enter their personal details (name, address if applicable, company if applicable, e-mail address, telephone number).

If the address of the voucher recipient differs from this, it can be entered accordingly by clicking on the “Change address” box. The order can only be placed and transmitted if the customer confirms that they have read and understood the General Terms and Conditions and Privacy Policy.

The customer is then taken to the page for selecting the desired payment method. After selecting this and the individual data, the process can be completed by clicking the “Pay” button. By clicking the “Pay” button at the end of the order process, the customer submits a legally binding contractual offer. The vouchers purchased online are made available to the customer as a “print@home voucher”. After successfully completing the payment process, the customer receives their voucher in PDF format by email and can print it out themselves. It will not be sent by post.

b. Online ticket purchase / tour ticket purchase

When purchasing tickets or tour tickets online, the customer is directed to a reservation portal of HPG Projektentwicklungs GmbH by clicking on “Buy tickets”, “Go to tours”, “Go to tickets” or the respective ticket offer. After selecting the desired period, the customer must now select the corresponding tickets. After clicking on the “Add to cart” button, an order overview appears. After clicking on the “Order with costs” button, a new page appears on which the customer must enter their personal data (name, address if applicable, company if applicable, e-mail address, telephone number).

The order can only be placed and transmitted if the customer confirms that they have read the General Terms and Conditions and Privacy Policy.

The customer is then taken to the page for selecting the desired payment method. After selecting this and the individual data, the process can be completed by clicking the “Pay” button. By clicking the “Pay” button at the end of the order process, the customer submits a legally binding contract offer. After the payment process, the customer is redirected back to the online store, as otherwise the payment cannot be registered in the system.

The GTC can be read at any time via the Internet browser, printed out or saved on the local computer.

2. Confirmation of ticket purchase and voucher acquisition

HPG Projektentwicklungs GmbH shall confirm receipt of the customer’s order by sending an e-mail for both voucher purchases (1. a.) and ticket purchases (1. b.). This confirmation does not constitute acceptance of the offer by HPG Projektentwicklungs GmbH. It merely informs the Customer that the order has been received. The declaration of acceptance is made by sending the voucher or ticket or an express declaration of acceptance. The customer can save the text of the contract on the computer by clicking on the right mouse button of the browser or print it out using the browser’s print function. The contract text for orders on the Internet is not accessible to the customer. The text of the contract is saved by HPG Projektentwicklungs GmbH. The content of the contract and the GTC will be made available to the customer when the contract is confirmed or when the tickets or vouchers are sent.

IV. Prices and payment

1. The prices can be found in the current price list or in the online store for the respective items. The prices quoted include the statutory value added tax.

2. Payments can only be made using the payment methods specified in the online area (e.g. credit cards, Paypal, direct debit, etc.).

3. HPG Projektentwicklungs GmbH shall be entitled to use the services of third parties such as external service providers to process payments and/or receive payments. Therefore, a payee other than HPG Projektentwicklungs GmbH may be named in the invoice or the corresponding account details.

4. Should a payment be charged back, HPG Projektentwicklungs GmbH shall be entitled to immediate return of the tickets ordered or shall be entitled, but not obliged, to withdraw from the contract and invalidate the tickets or the barcode sent. The customer shall compensate HPG Projektentwicklungs GmbH for any loss arising from the chargeback. In the event of a chargeback, the Customer shall reimburse HPG Projektentwicklungs GmbH for the bank charges incurred and a processing fee of EUR 5 per chargeback. In the event of withdrawal from the contract by HPG Projektentwicklungs GmbH, HPG Projektentwicklungs GmbH reserves the right to charge the Customer a processing fee of EUR 5.

V. Shipping

1. Tickets and vouchers purchased online are made available to the customer as “print@home tickets”. After successfully completing the payment process, the customer receives their ticket in PDF format by e-mail and can print it out themselves. The ticket will not be sent by post. The printout of the ticket (PDF file) sent electronically to the e-mail address provided by the customer is deemed to be the admission ticket. No further tickets will be sent by post. If the Customer does not receive the confirmation message with the ticket for printing within 24 hours of booking, he/she is obliged to inform HPG Projektentwicklungs GmbH of this fact without delay. The same applies to problems with printing the tickets. If the customer fails to do so, claims for loss of the tickets are excluded.

2. Vouchers shall be dispatched every office day. The delivery time is 2-4 days. If the customer is an entrepreneur, all risks and dangers of shipment shall be transferred to the customer as soon as the goods have been handed over by HPG Projektentwicklungs GmbH to the commissioned transport company. Shipment shall be carried out by Deutsche Post AG. The shipping risk shall be borne by the provider if the customer is a consumer.

VI. Cancellation policy

1. The consumer has a right of withdrawal for contracts concluded outside of business premises and for distance contracts. According to Section 312 g (2) No. 9 BGB, the right of withdrawal does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. Accordingly, you have no right of withdrawal for the sale of admission and tour tickets for a visit to Baum&Zeit. Every order for admission and tour tickets is therefore binding and obliges you to pay for the tickets ordered.

2. The following applies to the sale of vouchers to consumers:

a. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us, HPG Projektentwicklungs GmbH, Straße nach Fichtenwalde 13, 14547 Beelitz OT Beelitz-Heilstätten, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. 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. You can use the attached sample withdrawal form, but this is not mandatory.

b. Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 for 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 immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You 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 their condition, properties and functionality.

VII. Cancellations

Cancellation of booked tickets is not possible. If the ticket is not used, it will expire.

VIII. Liability / Compensation / Duty to cooperate

1. The customer is obliged to report any defects in the booked services without delay. The notification of defects must be made to HPG Projektentwicklungs GmbH. The latter shall endeavor to remedy the situation without delay. Claims are generally excluded if no notification of defects is made.

2. The contractual liability of HPG Projektentwicklungs GmbH for damage that is not physical injury and has not been culpably caused is limited to three times the contractual price per customer (calculated on the price per participant).

3. Contractual claims by the Client against HPG Projektentwicklungs GmbH, irrespective of their legal basis, with the exception of claims in tort or claims for personal injury or damage to health, shall lapse after one year, unless otherwise agreed. The limitation period shall commence at the end of the year in which the claim arose and the Client becomes aware of the circumstances giving rise to the claim against HPG Projektentwicklungs GmbH or should have become aware of them without gross negligence. If negotiations are pending between the Client and HPG Projektentwicklungs GmbH regarding the claims asserted or the circumstances giving rise to the claim, the limitation period shall be suspended until the Client or HPG Projektentwicklungs GmbH refuses to continue the negotiations.

4. HPG Projektentwicklungs GmbH does not participate in arbitration proceedings under the German Consumer Dispute Resolution Act (VSBG). If consumer dispute resolution becomes mandatory after these terms and conditions go to print, HPG Projektentwicklungs GmbH will inform the customer of this in an appropriate form. Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives such clients who are consumers the opportunity to initially resolve disputes in connection with the use of the internet platform without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

IX. Data protection

All personal data provided to HPG Projektentwicklungs GmbH is protected against misuse in accordance with the statutory provisions. The personal data transmitted to us by the customer (including online) is collected, stored and processed electronically, including by automated means. Personal data is data that can be used to determine the identity of the customer, such as name, address, date of birth, telephone number, e-mail or IP address. Personal data is only collected and recorded by us if it is related to the booking and is necessary to ensure the smooth processing and payment of the booking. The collection and processing of the data transmitted by the customer takes place in compliance with the General Data Protection Regulation (GDPR). Upon request, the customer can receive information free of charge about the data stored about him and, if necessary, assert his right to correction, deletion, blocking, complaint, transferability, as well as to objection and information about the duration of the storage of the data. If a deletion request is made, it must be noted that this may conflict with legal regulations or billing/accounting purposes. The request should be sent to: info@baumundzeit.de. A complaint can be lodged with the competent data protection authority of the state of Brandenburg. Please also see our data protection information.

X. Video surveillance

The areas of the adventure site are monitored by video technology and video recordings are made and stored. In doing so, the legal regulations in the respective applicable version are always observed.

XI. Final provisions

1. All documents created for the booking of vouchers and events in advance, afterwards and during the event are for the personal use of the customer only. HPG Projektentwicklungs GmbH reserves all rights, including the right to translate, reprint or reproduce the documents or parts thereof. Film and photographic material, as well as event documents, which the customer acquires in the context of bookings, are provided to the customer for private use only. Commercial use or reproduction shall be excluded and shall only take place with the written consent of HPG Projektentwicklungs GmbH.

2. The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

3. If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of HPG Projektentwicklungs GmbH. The same shall apply if the Client does not have a general place of jurisdiction in Germany or if its place of residence or habitual abode is unknown at the time the action is brought.

4. The ineffectiveness of individual provisions or parts of provisions shall not result in the ineffectiveness of the entire contract. The invalid provision or the invalid part of the provision shall be replaced by provisions that come as close as possible to the economic purpose of the invalid provision.

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Sample revocation Written revocation

To the

HPG Projektentwicklungs GmbH
Straße nach Fichtenwalde 13
D-14547 Beelitz-Heilstätten

info@baumundzeit.de

I/we(*) hereby revoke the contract2 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 notification on paper

Place, date

(Only to be filled in for written revocation)

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original booking.