Christmas Garden

GTC

General Terms and Conditions

of Christmas Garden Deutschland GmbH for the Christmas Garden events in Germany.

  1. SCOPE OF APPLICATION AND CONTRACTUAL RELATIONSHIP

1.1 These General Terms and Conditions (hereinafter "GTC") apply to Christmas Garden events in Germany ("Events"). The organizer is Christmas Christmas Garden Deutschland GmbH, Potsdamer Str. 58, 10785 Berlin, Managing Directors: Sebastian Stein, Lutz Grotehöfer; Register Court: Amtsgericht Charlottenburg (Berlin), HRB: 127606 ("Christmas Garden Deutschland"). These GTC are an integral part of the contract concluded between you (hereinafter "you" or "customer") and Christmas Garden Deutschland GmbH (hereinafter "Christmas Garden Deutschland" or "organizer") for the purchase of admission tickets (hereinafter "tickets"). The details of the content of this contract are governed by the following provisions. Tickets are sold in the name and for the account of Christmas Garden Deutschland.

1.2 In addition to these T&Cs, the T&Cs (including the house rules) of the owner of the event venue also apply at the respective event venue.

1.3 Any terms and conditions of the customer shall not become part of the contract, even if Christmas Garden Germany does not expressly object to them.

  1. TICKETS & COMPOSITION AND DUE DATE OF THE TICKET PRICE

2.1 Admission is only granted with a valid ticket. The admission ticket must be kept.

2.2 No replacement will be provided for lost tickets.

2.3 The ticket price is made up of the current basic ticket price, the advance booking fee, the system fee and other fees (refund, media, organizer, box office, booking and compensation fee, if applicable), in each case including statutory VAT. The final ticket price may vary depending on the delivery method. You have the following options to choose from: (a) you can choose the tickets as print@home variant, where you print out the respective ticket yourself at home;(b) you can choose the tickets as mobile tickets, where you can download the respective ticket to a mobile device; (c) or you can choose the regular shipping variant, where we send you the order by post. The final ticket price will be displayed during the purchase process.

2.4 The ticket price is due for payment immediately after conclusion of the contract.

2.5 Reduced tickets for certain groups of people (e.g. schoolchildren, students, senior citizens) are only valid in conjunction with appropriate proof. If proof cannot be provided, the difference to the full admission price must be paid in arrears.

  1. EXCLUSION OF RIGHT OF WITHDRAWAL / RETURN OF TICKETS AND REFUND

3.1 The contract for attending events is a contract for leisure events for which the customer has no statutory right of withdrawal. You cannot therefore revoke your declaration of intent regarding the ordering of tickets for leisure events by law.

3.2 A claim to the return of tickets and reimbursement of the ticket price only exists in principle if the entire series of events is canceled. If opening is not possible on individual event days or for the specifically booked event day and/or specifically booked admission time (e.g. due to extreme weather conditions), the tickets shall remain valid for any subsequent day until the end of the event series. In this case, the validity of the ticket is not tied to a fixed admission time. The ticket can be converted into a so-called "FlexTicket" at the box office, i.e. it entitles the holder to a single admission to the Christmas Garden with flexible choice of day and time of visit within the opening hours until the end of the event series.

3.3 Fees paid will not be refunded. In the event of your withdrawal from the event contract, we will offset our claim to compensation in the amount of the fees against the claim to reimbursement of the fees paid to us.

3.4 In each of the above cases, a refund of the respective ticket price will only be made against return of the original ticket; the costs incurred in this regard are to be borne by you. In the case of digital tickets, the refund will be made when the booking confirmation and tickets are sent as a PDF by e-mail to the respective ticket provider. Ticket refunds are not possible if the tickets are lost.

3.5 By purchasing tickets, you acknowledge that we must comply with the statutory provisions and requirements for admission to the event (e.g. tests, digital or analog certificates, etc.). If you do not fulfill or comply with these regulations and requirements at any time, we may, after unsuccessfully requesting you to comply with these regulations and requirements, exercise our domiciliary rights and deny you access to the event or ask you to leave the event. A refund of the ticket price - even pro rata - is excluded in the aforementioned cases.

  1. OBLIGATIONS OF THE CUSTOMER WHEN ATTENDING THE EVENT

4.1 Admission to Christmas Garden events in Germany is only possible at specified admission times. You can select and book the available admission time when purchasing your ticket. Admission is then only possible within the specified time slot of 30 minutes. Admission before or after the booked time slot is therefore not guaranteed.

4.2 The length of stay on the grounds is limited to two hours. Visitors must leave the event grounds after two hours.

4.3 The organizer may impose special rules of conduct on visitors and order measures to be taken (e.g. restrictions on persons, distancing rules, route/direction guidelines). The visitor undertakes to comply with these regulations.

4.4 Children up to the age of five are admitted free of charge.

4.5 It is not permitted to bring dogs/animals into the event venue (with the exception of Ehrenbreitstein Fortress, Mainau Island and Augsburg Zoo). The only exceptions are marked, trained assistance dogs.

4.6 In order to protect the event venue and to ensure peaceful coexistence between all visitors, it is not permitted:
1. to leave the paths or designated and illuminated event areas,
2. to remove, take away or otherwise damage plants or parts thereof,
3. to throw away or leave behind waste of any kind outside the containers provided for this purpose,
4. to light fires,
5. to climb on structural or horticultural installations or sculptures,
6. to play ball games or other sports,
7. to hold demonstrations or assemblies,
8. to sell goods of any kind, offer services, distribute printed matter, hold collections or stage artistic performances, as well as the advertising and distribution of objects of any kind without the permission of the organizer.

4.7 It is prohibited to bring the following items onto the event site:
1. weapons of any kind,
2. objects and items that can be used as weapons or projectiles (dangerous objects), laser pointers,
3. Dangerous and flammable substances (exception: commercially available pocket lighters), bottles, cups, jugs, cans or other objects made of fragile, splintering or particularly hard material, bulky objects such as ladders, crates, suitcases, bicycles, pyrotechnic objects, flags or banners,
4. Mechanically operated noise instruments or sound systems,
5. Food and drinks with the exception of non-alcoholic drinks in PET bottles/Tetra-Pak up to 1.5 L

4.8 The instructions of the stewards, the signage instructions and the loudspeaker announcements must be followed.

4.9 Christmas Garden Germany reserves the right to deny access to the event or exclude the customer concerned or other persons from the event in the event of a breach of the above paragraphs.

  1. LIABILITY OF CHRISTMAS GARDEN GERMANY

5.1 Christmas Garden Germany is liable without any limitation for all damages to life, body and health culpably caused within the scope of the contractual relationship. The same applies to all cases of mandatory statutory liability, in particular under the Product Liability Act, as well as in the event of the assumption of a guarantee.

5.2 In the event of a breach of essential contractual obligations that are based on simple negligence and are not covered by section 5.1, Christmas Garden Germany's liability is limited to compensation for foreseeable damage typical for the contract. The essential contractual obligations of Christmas Garden Germany include those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely.

5.3 Otherwise, Christmas Garden Germany is only liable for grossly negligent or intentional breach of contract.

5.4 Insofar as the liability of Christmas Garden Germany is excluded or limited in accordance with the above paragraphs, this also applies to the liability of its legal representatives and vicarious agents.

5.5 You and your companions are aware that, despite all precautions, the risk of infection, for example with the Covid-19 virus or other infectious diseases, cannot be completely ruled out. By purchasing an admission ticket and attending the event, you and your companions expressly accept this risk as part of the general risk of life.

  1. PHOTO AND/OR VIDEO RECORDINGS BY VISITORS

6.1 The taking of photographs and/or video recordings is only permitted in the respective event venues on condition that these are only used for personal, non-commercial purposes.

6.2 All rights to photo and video recordings of the event for the purpose of commercial exploitation are the exclusive property of Christmas Garden Deutschland GmbH. No one may record, broadcast and/or make such recordings publicly accessible for commercial purposes without the prior written consent of Christmas Garden Deutschland GmbH . This includes in particular the distribution of such recordings directly via the Internet.

  1. SOUND AND/OR IMAGE RECORDINGS OF CHRISTMAS GARDEN GERMANY

In the event that image and/or sound recordings, such as radio or television recordings, are made during the event by persons authorized to do so and you are recognizably recorded in image and/or sound, you implicitly agree that the recordings may be reproduced, distributed and publicly reproduced, in particular broadcast, without entitlement to remuneration, unless this conflicts with your legitimate interests.

  1. APPLICABLE LAW, PLACE OF JURISDICTION

8.1 The contract, including the form of its conclusion and all rights and obligations arising from it, are subject to German law. If the customer is not a consumer, German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

8.2 The place of performance and jurisdiction is Berlin if the customer is a merchant, a legal entity under public law or a special fund under public law.

  1. FINAL PROVISIONS

Should individual provisions of this contract be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Any General Terms and Conditions that are not included or are invalid shall be replaced by the statutory provision (Section 306 (2) BGB). Otherwise, the parties shall replace the void or ineffective provision with an effective provision that comes as close as possible to it in economic terms, unless a supplementary interpretation of the contract takes precedence.

 

Status: June 2025 Christmas Garden Deutschland GmbH