AGBs_en

General Terms and Conditions

1. validity and data protection

1.1

The organizer and host of the entire area of the treetop walk and the adventure area in quadrant A of the Beelitz sanatoriums, including the buildings on it, is the HPG Projektentwicklungs GmbH (following „Baum&Zeit“).

1.2

The following terms and conditions apply exclusively to the sale of admission tickets to visit the treetop walk and to all other services provided by Baum und Zeit to the visitor or hereinafter also referred to as the client, insofar as these have effectively formed the basis of the contract.

1.3

All personal data provided to Baum & Zeit is protected against misuse in accordance with the statutory provisions. The personal data transmitted to us by the visitor (including online data) 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, e.g. 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 visitor takes place in compliance with Datenschutz-Grundverordnung (DSGVO) instead. On request, visitors can obtain information free of charge about the data stored about them and, if necessary, assert their right to rectification, erasure, blocking, complaint, portability, objection and information about the duration of data storage. 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.

2. Special events & barefoot park

2.1

Dhe organization of special events by third parties on the premises of Baum&Zeit is carried out independently by and under the sole responsibility of the special event organizer in accordance with its terms and conditions, insofar as these have effectively formed the basis of the contract and unless otherwise agreed and this is recognizable to the visitor.

2.2

The Barfußpark Beelitz GmbH is an independent company. For the barefoot park experience area and its services, the separate General Terms and Conditions of the Barfußpark Beelitz GmbH.

3. Services provided by third parties

services are provided by third-party providers (e.g. snacks, drinks on the premises), even if they are provided on the basis of permission from Baum&Zeit are provided by them independently and on their own responsibility. The use of such third-party services does not give rise to any contractual relationship between the visitor and Baum&Zeit. In this case, the contractual partners are the visitor and the third-party provider directly, unless expressly agreed otherwise.

4. Admission tickets and guided tours

4.1 Fundamentals

4.1.1

Only these General Terms and Conditions apply to the purchase and use of Baum&Zeit admission tickets and admission ticket vouchers; any deviating terms and conditions of the visitor are hereby expressly rejected.

4.1.2

Tickets can be purchased via the online store, at the advance booking offices, at the box offices and at authorized Baum&Zeit sales partners.

4.1.3

The visitor is deemed to be a consumer insofar as the purpose of the ticket purchase cannot be attributed to his/her commercial activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when purchasing tickets.

4.1.4

The grounds may only be entered with a valid admission ticket or access authorization. In the case of reduced-price tickets, the ticket holder must carry the corresponding proof of entitlement with them and show it if necessary. If such proof cannot be provided, the visitor will be charged the full admission price. If the visitor fails to meet this payment obligation, the ticket will be confiscated without replacement and access to the areas & buildings will be denied or revoked.

4.1.5

The following areas of Baum&Zeit are subject to admission: the treetop path, the forest park area around the Alpenhaus World War II ruins and the buildings that can only be entered as part of a guided tour.

4.1.6

Guided tours are independent tourist offers from Baum&Zeit. The purchase of a ticket for this does not entitle the holder to individual admission to the other parts of the site that require admission, in particular not to use the treetop path.

4.2. Tickets (annual ticket – day ticket – guided tours)

4.2.1 Baum&Zeit annual pass

The Baum&Zeit annual pass is personal and only valid in conjunction with an identity card. During its period of validity, it only entitles the visitor for whom it was issued to enter. Tampering with this annual pass will result in it being invalidated. If an accompanying person is required according to the disabled person’s ID card, this person is admitted free of charge. The relevant date is the date of first use. The annual pass entitles the holder to unrestricted access to the site during normal opening hours.

Excluded from the unrestricted right of use are specially designated special events with separate admission and closed events. The annual pass must be carried and presented at the entrance or upon request by Baum&Zeit employees and commissioned security companies.

4.2.2 Day ticket

The Baum&Zeit day ticket entitles the holder to one-time access to the areas listed above (see 4.1.5), within the regular opening hours, on a freely selectable day. The day ticket is scanned and validated on first entry. For permitted re-entry, the visitor receives a wristband at the ticket office to identify the access authorization. It is recommended that this be attached to the wrist and presented upon request by Baum&Zeit upon re-entry.

4.2.3 Tickets for guided tours

Tickets for guided tours only entitle the holder to one use of the booked service by persons who meet the age and health requirements for participation in the tour.

4.3 Commission agents and discount scale

4.3.1

Commission agents can be private individuals, associations and companies. The registration of commission agents takes place exclusively at Baum&Zeit. This can be done in writing, by email or fax and by telephone. For the final total purchase quantity, which is decisive for the amount of a possible discount, only those bookings are taken into account that were made via the respective personalized registration number. Tickets should preferably be ordered by e-mail, fax or telephone. The amount of the possible discount will be agreed separately.

4.3.2

The discount scale (change in the discount rate for volume discounts depending on the purchase quantity) applies to the Baum&Zeit – Full payer card type and can only be applied to bookings made with the personal registration number. It is not possible to subsequently assign the booking to the personal registration number.

The first purchase quantity is limited to a maximum of 100 Baum&Zeit admission tickets (all ticket types). Further tickets will only be sent out after payment of outstanding bookings. The discount will be paid out by 31.12. of the current year at the latest.

4.3.3

Invoicing for the bookings takes place with the delivery and delivery bill of the Baum&Zeit admission tickets. Unused tickets must be returned by 31.12. of the current year at the latest. Tickets returned after this date will not be accepted. A maximum of 10% of the total number of day tickets purchased will be accepted as a return and refunded. Tickets that have already been validated cannot be returned. After the discount has been paid out, it is no longer possible to return Baum&Zeit admission tickets.

4.4.1

At the client’s request, Baum&Zeit will prepare a contractual offer for the client. The contract is concluded when the client accepts the offer (registration) in due time. This must be done in writing. The date of receipt of the signed registration by Baum&Zeit is decisive. If the client does not return the signed copy of the contract within the period specified in the offer, the offer shall lapse.

4.4.2

Only binding advance reservations are made by telephone. In order for the main contract to be validly concluded, the signed registration must be returned by the client. Baum&Zeit reserves the right to assert claims for damages in accordance with the statutory provisions due to non-compliance with the reservation agreement.

4.4.3

For bookings via the Internet, the contents listed under 4.4.1 and 4.4.2 apply accordingly.

Please note that for all of the above-mentioned booking types, there is no right of withdrawal for visitor contracts concluded at a distance after conclusion of the contract due to the statutory provision of section 312 acc. (2) sentence 1 no. 9 BGB. Withdrawal from the contract, however, is possible subject to the provision in section 4.4.6.

4.4.4

If the client requests changes or rebookings with regard to the date or the service after conclusion of the contract, Baum&Zeit may charge a rebooking fee of € 15 per change up to 30 days before the start of the service. Rebooking requests made after the expiry of this period can only be carried out, if at all possible, after withdrawal from the contract under the conditions specified in section 4.4.3 and simultaneous new registration. The latter does not apply to rebooking requests that only incur minor costs.

4.4.5

Payment can be made in cash, by German EC card or all major credit cards (Master, Visa, American Express) at the Service Center in the gatehouse of Baum&Zeit. In the case of payment on account, the client must provide his billing address at least 5 days before the start of the service.

4.4.6

Withdrawal from the contract (note deviating regulation 4.4.7 for admission to the treetop walk and core area, as well as 4.4.8 for catering services) is also possible for individual participants at any time. The date of receipt of the declaration of withdrawal by Baum&Zeit is decisive. Withdrawal should be declared in writing for the purpose of proof. Withdrawal up to 21 days before the date of the service is free of charge.

If the client later withdraws from the contract or fails to keep an agreed appointment, Baum& Zeit may demand appropriate compensation.

If the resignation takes place:

• from the 20th day before the start of the service, 50% of the total price is due as a cancellation fee,
• within 24 hours before the start of the service, 90% of the total price will be charged as a cancellation fee,
• thereafter or in the event of a no-show or cancellation after the start of the service, 100% will be charged.

If cancellation costs are charged, the client has the option of providing evidence that Baum&Zeit has not incurred any loss at all or that the loss incurred is lower. In this case, the client is only obliged to pay the costs actually incurred.

4.4.7

In deviation from the withdrawal conditions under 4.4.6, the following applies to entry to the treetop walk and core area:

Only the number of persons actually arriving on the day of the service will be charged. Cancellation fees will not be charged. The group admission price is only valid for a minimum number of 15 paying participants if the group is billed as a whole.

4.4.8

With regard to the lunch meals ordered, the final choice of food and number of persons must be made in writing no later than 14 days before the day of arrival. Invoicing will be based on the number of persons communicated there. Subsequent reductions will not be taken into account in the invoice.

For coffee breaks & snacks, the final number of persons must be provided in writing at least 7 days before the day of arrival. Invoicing is based on the number of persons stated there. Subsequent reductions will not be taken into account in the invoice.

If cancellation costs are charged, the client also has the option here of providing evidence that Baum&Zeit has not incurred any loss at all or that the loss incurred is lower. In this case, the client is only obliged to pay the costs actually incurred.

5. Reseller

The reseller must make effective reference to the rules of use of Baum&Zeit and the house rules in its contract with the customers. Insofar as this is not taken into account and the reseller’s customers justifiably assert claims against Baum & Zeit which would not exist if the rules had been effectively included, the reseller undertakes to pay Baum & Zeit damages to the corresponding extent.

6. Bulk buyers and sales process

6.1

Bulk buyers can be private individuals, clubs and companies, such as group organizers, bus operators, travel agencies in bus tourism, package tour operators, bus tour operators, etc. Tickets are sold to bulk buyers directly via Baum&Zeit.

The registration of bulk buyers takes place exclusively at Baum&Zeit. This can be done in writing, by email or fax and by telephone. For the final total purchase quantity, which is decisive for the amount of a possible discount, only those bookings are taken into account that were made via the respective personalized registration number. Tickets should preferably be ordered directly online or by e-mail, fax or telephone. The amount of the possible discount is the subject of a separate agreement.

6.2.

Payment, shipping, returns: There are various payment methods to choose from, depending on requirements and registration:

EC card: immediately;

Self-printing, direct debit by post: immediately;

Self-printing, postal dispatch Invoice: 6 weeks;

Postal dispatch.

7. Loss of tickets

7.1

In the event of the loss of an annual pass, a new pass can be issued after verification of eligibility. Baum&Zeit is entitled to charge the visitor a processing fee of EUR 5.00 for blocking the old annual pass and issuing a new season ticket.

7.2

In the event of the loss of a day ticket, there is no entitlement to a replacement ticket or any other replacement.

8. Entry and access authorization

8.1

Day and annual tickets entitle the holder to access during opening hours. They do not entitle the holder to admission to special events for which a fee is payable.

8.2

Day tickets entitle the holder to enter the above-mentioned areas subject to admission on one calendar day only, at the ticket holder’s discretion. They lose their validity upon entry to the site and validation. In the event of re-entry on the same day, the special organizational regulations made for this purpose must be observed. Day and annual tickets must be carried during the visit to the site subject to admission and presented on request. Day tickets are not transferable after admission.

8.3

Admission tickets that have been falsified or manipulated in any other way do not entitle the holder to admission and will be confiscated by Baum&Zeit without replacement or compensation. The same applies in the event of misuse of admission tickets. In this respect, Baum&Zeit reserves the right to take further legal action, in particular criminal action, against the user.

8.4

Neither the day ticket nor the annual ticket entitles the holder to access self-contained buildings, events, guided tours and operating rooms etc.

8.5

The exchange of already purchased tickets/cash vouchers or cash replacement is excluded. Replacement for lost tickets will not be granted. Visitors who have been or will be banned from the premises are not entitled to a refund for tickets already purchased or for the annual ticket purchased. Separate regulations apply to special events for which a fee is payable.

8.6

In addition, a separate entrance fee may be charged for special events.

9. Opening hours

9.1.

The published seasonal opening hours apply in accordance with the current annual schedule. Separate opening and admission times are communicated for special events, which then apply to access to these events. The night-time closing time for late events begins 30 minutes after the end of the event. Outside of this time, persons may only be on the premises for official reasons or with special permission.

10. Regulation for guided tours

10.1

The agreed all-inclusive group price applies to a maximum of 30 participants per tour guide. A second tour guide must be booked for groups of 31 people or more.

10.2

Please adhere to the agreed times for guided tours. Delays, even at short notice, should be reported by telephone to the telephone number given in the confirmation. If an agreed part of the program cannot or can no longer be carried out due to (not only minor) late arrival on the part of the client, this shall be at the expense of the client. In this case, there is no entitlement to subsequent performance or price reduction. Should the tour be extended accordingly due to the delay and be carried out in accordance with the contract, a waiting surcharge of €15.00 per group shall be payable.

10.3

In the event of a delay, the tour guide/guide will wait a maximum of 30 minutes at the agreed meeting point. If the group does not appear within this period and has not informed Baum&Zeit by telephone, this shall be deemed a withdrawal from the contract by the client. The agreed claim to remuneration remains in force. The entitlement to the booked service expires in this case.

10.4

In the case of underage participants, the client must ensure that an appropriate supervisor takes part in the tour. Should it become apparent at the start of the tour that supervision by the client is not guaranteed, Baum&Zeit is entitled to refuse to carry out the booked tour, whereby the entitlement to remuneration remains in force.

11. Subject to alteration

11.1

Changes to essential features of services from the agreed content of the visitor contract (e.g. relocation of event and / or program items in terms of space or time) that become necessary after conclusion of the contract and were not brought about by Baum & Zeit contrary to good faith are only permitted insofar as the changes are not significant.

and do not impair the overall nature of the contract. Any warranty claims in the event of defects in the modified services shall remain unaffected. Baum& Zeit is obliged to inform the client/visitor immediately of any changes or deviations in services. If necessary, it will offer the client a free rebooking or a free withdrawal.

11.2

Baum&Zeit is entitled to close areas of the premises in whole or in part or to restrict access to them.

12. Visitors’ obligations to cooperate and Baum&Zeit’s liability, statute of limitations, consumer dispute resolution

12.1

The visitor is obliged to report any defects in the booked services without delay. The notification of defects must be made to Baum& Zeit. Baum& Zeit shall endeavor to remedy the situation without delay. Claims are generally excluded if defects are not reported.

12.2

Baum&Zeit’s contractual liability for damages that are not physical injury and were not culpably caused is limited to three times the contractual price per visitor (calculated on the price per participant). Baum&Zeit is not liable for service disruptions, personal injury and damage to property in connection with services that are merely arranged as third-party services if these services are expressly and clearly identified as third-party services in the invitation to tender and the booking confirmation, stating the contractual partner arranged, so that they are recognizable to the client/visitor.

12.3

Contractual claims of the client against Baum&Zeit, 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 begins 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 Baum&Zeit or should have become aware of them without gross negligence. If negotiations are pending between the client and Baum&Zeit regarding asserted claims or the circumstances giving rise to the claim, the limitation period shall be suspended until the client or Baum&Zeit refuses to continue the negotiations.

12.4

Baum&Zeit 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, Baum&Zeit 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 customers, who are consumers, the opportunity to resolve disputes in connection with the use of the internet platform initially without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

13. Lost property

13.1

Lost property must be handed in at the Baum&Zeit ServiceCenter in the gatehouse. Baum&Zeit excludes any liability for lost or stolen items, unless Baum&Zeit or its vicarious agents are responsible for the loss.

13.2

After a maximum period of five working days, Baum&Zeit will pass on lost property to the responsible authority (local lost and found office) in accordance with § 965 BGB.

14. Final provisions

14.1

All documents created in advance, afterwards and during the event for booking vouchers and events are exclusively for the personal use of the participant. Baum&Zeit reserves all rights, including the translation, reprinting or reproduction of the documents or parts thereof. Film and photo material, as well as event documents, which he purchases as part of bookings, are only provided to the customer for private use. Commercial use or reproduction is excluded and only takes place with the written consent of Baum&Zeit.

14.2

The law of the Federal Republic of Germany. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

14.3

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 is the registered office of Baum&Zeit. The same applies if the participant does not have a general place of jurisdiction in Germany or his place of residence or habitual residence is not known at the time the action is filed.

14.4

The ineffectiveness of individual provisions or parts of provisions does not result in the invalidity of the entire contract. The ineffective provision or the ineffective part of the provision will be replaced by provisions that come as close as possible to the economic intent.