1.) Area of applicability
(1) Privatbrauerei Erdinger Weißbräu Werner Brombach GmbH, Lange Zeile 1 + 3, 85435 Erding (hereinafter referred to as “Erdinger” or “we”) offers tours of its brewery as a service for individual persons and groups (hereinafter referred to as the “Customer”).
These general terms and conditions of business (hereinafter referred to as “T&C”) apply to online bookings of such brewery tours via our website http://tickets.erdinger-besucherzentrum.de
(2) Any deviating, conflicting or additional T&C of the Customer shall not become part of the contract.
2.) Coming into existence of the contract
A valid contract between Erdinger and the Customer is concluded by means of the acceptance of an offer of the Customer by Erdinger. The Customer expressly declares that at the time of submitting an offer he/she is not suffering from an illness which falls under the german Infektionsschutzgesetz (IfSG), especially from Covid-19 or the coronavirus, nor are there any signs of such a disease. This also expressly applies to the persons also being registered by the registering Customer.
(1) The Customer submits a binding offer by completing and confirming our order form, as well as confirming receipt and acceptance of our T&C, by clicking on the corresponding line of the button and clicking the “Book and pay for tickets” button.
(2) Acceptance by Erdinger is carried out by order confirmation sent to the e-mail address of the Customer specified in the order, attached to which is the invoice, visitor information and house rules.
(3) The online tickets are also sent to this e-mail address of the Customer as soon as the invoice amount is credited to our account.
(4) The Customer can correct entry errors via the keyboard and mouse in the entry fields until the “Book and pay for tickets” button is clicked which follows the order dialogue.
The contract text and these T&C shall be made available to the Customer in accordance with the statutory provisions. All personal data are deleted three months after the brewery tour has been provided.
(1) The ticket cannot be transferred to another person.
(2) The Customer may cancel the order by the 15th calendar day before the agreed performance date without charge. For cancellations from the 14th to the 7th calendar day prior to the tour, a cancellation fee amounting to 30% of the ticket price shall be charged, for cancellations from the 6th to the 4th calendar day prior to the tour, a cancellation fee amounting to 50% of the ticket price shall be charged. Cancellations in the last three calendar days prior to the tour are no longer possible; this also applies in the event that the customer is unable to provide identification before the start of the event or is unwilling to provide his/her surname, first name, address and telephone number (see section 4. (1)).
(3) The Customer is equally obliged and entitled to cancel his/her order without charge if he/she is ill with an disease which falls under the german Infektionsschutzgesetz (IfSG), especially Covid-19 or the coronavirus or if there are signs of such an illness. Erdinger is entitled to demand appropriate proof.
(4) Should Erdinger cancel the guided tour due to official orders, the Customer shall be refunded the invoice amount.
4.) Prerequisite for participation in the guided tour and exclusion from the guided tour
(1) As each brewery tour has a specific time slot, the guests have to be at the brewery 15 minutes before the start of the booked brewery tour. Persons arriving more than 30 minutes after the start of the booked brewery tour at the agreed meeting point may not be able to take part in the brewery tour. A refund of the ticket price is excluded in these cases.
(2) Erdinger reserves the right to exclude those persons from the brewery tour who are suffering from an illness which falls under the german Infektionsschutzgesetz (IfSG), especially from Covid-19 or the coronavirus, or who violate the rules (of conduct) laid down in the visitor information and house rules
5.) Limitation of liability/disclaimer
(1) Erdinger shall incur liability in case of damage incurred on the part of the Customer in respect to body, life or health caused by a breach of duty on the part of Erdinger, its legal representatives or vicarious agents, with no upper limit; equally for damage caused intentionally or due to gross negligence.
If the loss is incurred due to breach of a cardinal obligation, whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may rely, Erdinger’s liability is limited to the replacement of the foreseeable typical contractual damage.
(2) In all cases other than those stated in Paragraph (1), the liability of Erdinger shall be excluded, regardless of legal reason.
(3) The disclaimer stated in paragraph (2) and the limitation of liability stated in paragraph (1) shall apply equally in respect of the personal liability of the legal representatives, employees and vicarious agents of Erdinger.
6.) Data privacy
Werner Brombach GmbH, which can be found here: https://de.erdinger.de/legal/datenschutz.html
7.) Application of law/jurisdiction
(1) The legal relationship between Erdinger and the Customer is subject to German law.
(2) If the Customer is a businessperson, the exclusive place of jurisdiction for all disputes arising
from the contractual relationship is Erding.
The same applies if the Customer is a consumer and has no general jurisdiction in Germany
at the time the Contract was concluded, or relocates his/her domicile or ordinary place of
residence to a location outside Germany after the Contract was concluded, or if his/her
domicile or ordinary place of residence is not known at the time when action is brought.