General Terms & Conditions

General Terms and Conditions (GTC) for our Oktoberfest secondary market platform

§ 1 Validity

1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time of the conclusion of the respective contract ("GTC") for the brokerage of already purchased or still available reservations of seats and/or consumption vouchers in/for festival tents at the Munich Oktoberfest ("festival tent") between the end customer ("customer") or the person who originally purchased the reservation / consumption vouchers from the festival tent ("provider") and Festzelt OS GmbH ("provider"), ("Provider") and Festzelt OS GmbH, represented by the management, Seitzstraße 23, 80538 Munich ("Festzelt OS") via the portal www. oktoberfest-booking.com ("Portal") and for the use of the Portal.

1.2 Language
Insofar as these General Terms and Conditions use the masculine gender, this is done for the sake of better readability and thus the greatest possible transparency of these General Terms and Conditions. The corresponding designation applies equally and without restriction to female and diverse persons. Discrimination is in no way intended. If these GTC are available in several languages, the German version shall prevail.

1.3 Further reservation conditions
In addition to these GTC, the General Terms and Conditions of Reservation ("GTC") of the respective marquee, which are included in the conclusion of the contract between the customer and the provider via the portal in accordance with section 3.8, shall generally apply to the use of the services arranged with the reservation as well as access to and stay in the marquee. The ARGB shall then apply to the customer with binding effect and independently of the validity of these GTC. Festzelt OS has no influence on the ARGB, which is why any liability of Festzelt OS arising from and for the ARGB is expressly and fully excluded.

1.4 Terms and conditions of the customer or provider
These GTC apply to companies in accordance with § 14 BGB and to consumers in accordance with § 13 BGB. Deviating, conflicting or supplementary general terms and conditions of the customer or provider (collectively: "user") shall not become part of the contract, even if they are known, unless Festzelt OS expressly agrees to their validity in writing.

§ 2 Contract of use website and portal

2.1 Registration
In order to use the portal, the user must first have full legal capacity, register and create a user account on the portal ("registration"). A prerequisite for registration is that the user is at least 18 years old. Upon confirmation of registration by Festzelt OS, a free-of-charge contract of use for the use of the portal is concluded between Festzelt OS and the user in accordance with these GTC ("contract of use").

2.2 External use
A personal password is assigned when the user registers. The user is responsible for ensuring that no unauthorized third parties gain knowledge of his/her password. The user is liable for all misuse by third parties in this context, unless he is not responsible for the misuse.

2.3 Rejection / exclusion
Festzelt OS is entitled to reject the registration before or after confirmation in accordance with section 2.1 without giving reasons or to exclude the user from using the portal, e.g. if Festzelt OS cannot or may not provide the service due to its specialization or for legal reasons, or if there are reasons that could bring Festzelt OS into conflict of conscience or if Festzelt OS has justified reason to believe that the user is using the portal in a manner that is contrary to applicable law or morality (including the use of automated procedures in the portal that serve to circumvent the regulations applicable to mediations in accordance with clauses 3 and 4 (so-called BOT purchases)). Exclusion of the user from the portal by Festzelt OS shall generally constitute termination by Festzelt OS in accordance with section 2.4 and shall not give rise to any claims for compensation by the user.

2.4 Term of the user contract
The user contract runs for an indefinite period and can be terminated by the user at any time without notice. Termination can be effected by deleting the account in the account settings. Festzelt OS may terminate the contract by giving four weeks' notice, especially if the account has not been used for more than one year. The right to terminate without notice in the event of a breach of applicable law, these GTC or the terms of use remains unaffected.

2.5 Third parties
Festzelt OS is expressly entitled, at its own discretion, to commission third parties, e.g. subcontractors, to perform services within the scope of the contract of use.

2.6 No partnership
Users and Marquee OS are independent contractual partners; no partnership, joint venture, employer-employee or franchisor-franchisee relationship is created, nor is any such thing intended.

2.7 Prohibition of automated access and data extraction
Any automated access to our website, in particular by so-called bots, crawlers, scrapers or comparable technologies, is prohibited without our express prior written consent. This applies in particular to automated processes for the systematic reading, indexing, extraction or reuse of content, structure, price information or other data from this website for (non-)commercial purposes or for competitive analysis. violations of this prohibition will be prosecuted under civil law and may result in further legal action in addition to injunctive relief and claims for damages. We expressly reserve the right to technically prevent unlawful access and to permanently block the IP addresses concerned.

2.8 Use of Information Provided via the Newsletter
The information provided by Festzelt OS through email newsletters (whether free or paid) – particularly details regarding available reservation times or offers – is intended solely for the personal use of the respective recipient.
Any dissemination, distribution, reproduction, automated analysis, commercial or non-commercial use, as well as any other form of improper exploitation of this information, is expressly prohibited.
In the event of a violation of these provisions, Festzelt OS reserves the right to immediately terminate the respective newsletter subscription, permanently exclude the user from the platform, and initiate civil and, if applicable, criminal proceedings.
Furthermore, the recipient agrees to pay an appropriate contractual penalty for each culpable violation. The amount of this penalty will be determined at the reasonable discretion of Festzelt OS and, in the event of a dispute, reviewed by the competent court. The assertion of additional claims for damages remains expressly reserved.

§ 3 Mediation of already purchased reservations from providers

3.1 Scope of services
After successful registration, Suppliers can use the Portal to offer their rights from and to a reservation of seats and consumption vouchers for the corresponding marquee already purchased by themselves on the basis of the respective ARGB (together "Purchased Reservation") for assignment to potential customers against payment within the framework provided for this purpose on the Portal and in accordance with the following provisions of this Section 3 and to process the assignment via the Portal.

3.2 Binding offer
By submitting the data requested via the respective input mask in the portal for the Purchased Reservation (e.g. marquee, date and time of the reservation, number of reserved seats and consumption vouchers, minimum purchase, etc., "Reservation Data") by activating the online command provided for this purpose, the Provider submits a binding offer to conclude a contract with a customer on the assignment of his rights to the Purchased Reservation at the purchase price to be paid or already paid by him to the respective marquee ("Offer"). The placement of an Offer does not necessarily lead to a successful assignment of the rights from the Purchased Reservation to a customer for a fee.

3.3 Right of disposal
By submitting the offer on the portal, the provider undertakes not to dispose of his rights from the purchased reservation in any other way (e.g. sale, transfer, access to the respective marquee), unless the offer is not placed on the portal for customers (e.g. due to lack of successful validation in accordance with section 3.6) or is removed. In the event of infringements, the provider shall be liable for any resulting damages. In addition, Festzelt OS reserves the right to exclude the customer from the portal in accordance with section 2.3 and to reject or remove their offers from the portal. Until a customer places an online order in accordance with section 3.8, the provider has the option of withdrawing its offer from the portal by following the steps provided for this purpose on the portal. The aforementioned rights of disposal shall only revert to the provider once the offer has been removed from the portal.

3.4 Commercial provider
If the provider acts commercially with its offer, it must indicate this to Festzelt OS. In this case, the provider acknowledges that Festzelt OS is legally obliged to display this information to the customer on the portal and to record the contact information provided by the provider in a suitable manner and to disclose it to the customer or third parties in the event of a request by an authority or as a result of an obligation based on law (legal basis under data protection law in each case Art. 6 para. 1 sentence 1 c) GDPR). The provider shall be responsible for paying any value added tax that may be incurred. The provider shall indemnify Festzelt OS against any liability in this respect, unless Festzelt OS is at fault or has caused this through gross negligence on the part of its vicarious agents.

3.5 Effectiveness of the reservation
By submitting the offer in the portal, the provider assures Festzelt OS that the reservation data is correct and that he is the holder of the rights or has the necessary authority to dispose of the reservation purchased, free from any third-party rights that conflict with the offer. The accuracy of the reservation data shall be determined by the information on the reservation confirmation of the marquee on which the respective purchased reservation is based.

3.6 Validation
Once an offer has been successfully validated by Marquee OS via the respective marquee, it will be published in the portal for potential customers; it will not be published if validation is unsuccessful. The provider receives a corresponding electronic notification (e.g. via the portal or e-mail).

3.7 Price
The offer is offered to the customer in the portal at the price of the original purchase price to be paid or already paid by the provider to the respective marquee for the purchased reservation for assignment against payment, plus a processing fee for Marquee OS shown in the respective offer (together "total price").

3.8 Customer online order
By submitting the online order provided for this purpose, the customer accepts an offer published in the portal to conclude a contract at the price in accordance with section 3.7. At this point in time, the contract between the Customer and the Provider is concluded with regard to the assignment of the Provider's rights to the purchased reservation to the Customer. Acceptance only creates a legal relationship between the customer and the respective provider and the customer and the respective marquee on the basis of the respective ARGB. Marquee OS shall not become a contractual partner of the customer. Marquee OS shall inform the customer and the provider in text form (e.g. via the portal or by e-mail) of the conclusion of the contract.

3.9 Transfer of rights / documents / contractual penalty
Upon conclusion of the contract with the customer in accordance with section 3.8, the respective provider shall lose its rights to the Purchased Reservation in full (with the exception of any rights granted to the provider by Festzelt by means of the Purchased Reservation for subsequent Oktoberfests); it must send the reservation confirmation, consumption vouchers already received and other documents already received from the respective marquee in relation to the Purchased Reservation ("reservation documents") immediately and at its own expense by post to the address specified by Festzelt OS. If the provider negligently or culpably fails to send the reservation documents to the address specified by Festzelt OS without delay, Festzelt OS shall be entitled to impose a contractual penalty of EUR 50.00 on the provider.

3.10 Payment
The provider shall be paid the price in the amount of the original purchase price to be paid or already paid by him to the respective marquee for the purchased reservation by Festzelt OS to the respective marquee after timely receipt of the reservation documents in accordance with section 3.9 at Festzelt OS to an account designated by him.

3.11 Dispatch
The dispatch of the reservation documents to the customer shall be carried out by Festzelt OS against advance payment of the total price by the customer and processed using the accepted payment methods (e.g. credit card) communicated at the time of the customer's respective order. Festzelt OS shall not bear the risk of loss of the reservation documents upon dispatch; Festzelt OS has already fulfilled its contractual obligations under the contract of use by carrying out the dispatch. If documents are sent directly between users in connection with an acquired reservation, the user undertakes not to use the data provided for any other purposes (either in connection with the dispatch or independently of it). The user may not attach any advertising material or other commercial documents to the relevant shipment that have not been provided or approved (in text form) by Festzelt OS or Festzelt.

3.12 No warranty
Marquee OS cannot guarantee that the customer or provider will carry out their respective transactions in full.

§ 4 Arrangement of available reservations for marquees

4.1 Scope of services
After successful registration, customers can view available seat reservations (including the purchase of consumption vouchers, if applicable) for the respective marquee ("open reservation offer") displayed via the portal and, after being forwarded by Festzelt OS, book them via the respective reservation portal of the marquee in question within the framework provided for this purpose or via Festzelt OS.

4.2 Tent reservation portal
By activating the online command provided for this purpose in the portal, the customer is forwarded directly to the reservation portal of the respective marquee to book the open reservation offer. The respective booking of the open reservation offer is made directly with the respective marquee within the framework provided there and on the basis of the respective ARGB.

4.3 Processing
Only legal relationships arise between the customer and the respective marquee, Festzelt OS does not become a contractual partner of the customer. Payment processing and the dispatch of reservation documents shall be carried out by the respective marquee on the basis of the respective ARGB. The establishment of the legal relationship between the customer and the marquee is subject to the proviso that the respective provider has sent the reservation documents to Marquee OS in good time and in accordance with section 3.9. Should a customer not be able to receive the reservations or consumption vouchers provided for in the open reservation offer due to the late sending of the reservation documents by the provider, any payments already made by Festzelt OS

4.4 Participation of Festzelt OS
Festzelt OS is therefore not involved in the actual business transaction between the users. Should a dispute arise between users, users shall release Festzelt OS and all affiliated companies within the meaning of the German Stock Corporation Act (AktG) from claims, demands and claims for damages (direct and consequential damages) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such a dispute (with the exception of claims attributable to the fault or gross negligence of Festzelt OS or its vicarious agents).

§ 5 Additional offers on the portal

5.1 Scope of services
After registration, customers can book additional, chargeable services in the portal, which Festzelt OS may or may not make available at its own discretion (e.g. alarm function in the case of open reservation offers etc., "additional offers"). The subject matter and scope of the service as well as the price of the respective additional offer is based on the description of the service components by Festzelt OS in the portal valid at the time of booking.

5.2 Booking
For the booking of additional offers, the customer submits a binding offer to conclude a contract with Festzelt OS using the online command provided for this purpose in the portal. Only when Festzelt OS confirms the booking of the additional offer in text form (e.g. in the portal or by e-mail) shall the contract for the respective additional offer be concluded between Festzelt OS and the customer on the basis of these GTC.

5.3 Provision / payment The additional offers shall be made available to the customer by Festzelt OS in accordance with the description of the additional offer in the portal valid at the time of booking. The provision to the customer shall be carried out by Festzelt OS against advance payment by the customer and processed using the accepted payment methods (e.g. credit card) communicated at the time of the customer's respective order.

§ 6 Additional digital offers

6.1 Amendment
Insofar as an additional offer is made available to the customer digitally or has purely digital functions ("additional digital offer"), Festzelt OS reserves the right to extend, change and/or improve the functions of the additional digital offers offered and, if applicable, already purchased at any time, insofar as this is reasonable for the customer, taking into account the interests of Festzelt OS. If the changes affect the customer, the customer shall be informed accordingly in text form (e.g. in the portal or by e-mail).

6.2 Updates
Festzelt OS shall provide the customer with new program versions at its own discretion during the provision period of the additional digital service (generally within a maximum period of two (2) years after the purchase of the corresponding additional digital service), provided that the customer continues to use the additional digital service beyond this period and this is necessary to maintain the contractual nature of the additional digital service. In such cases, Festzelt OS shall inform the customer of this in text form (e.g. in the portal or by e-mail). This may involve updates with technical modifications, improvements, minor functional enhancements and patches with corrections to the additional digital services or other workarounds for possible disruptions. It is the customer's responsibility to install/apply the new program versions without delay.

6.3 Functionality
Marquee OS cannot guarantee that the use of the additional digital services will meet the needs and requirements of the customer or that the additional digital services will be uninterruptedly functional, up-to-date or error-free or compatible with the customer's operating systems.

6.4 No guarantee
Festzelt OS cannot guarantee that the functions of the additional digital services provided do not contain viruses or other harmful elements. Use of the additional digital services is at the customer's own risk. In particular, the customer is solely responsible for any loss of data or damage to the operating system of their end device.

§ 7 Revocation / Withdrawal / Amendment

7.1 No right of revocation
With regard to the services according to sections 2, 3 and 4 of these GTC, there is no right of revocation for the customer, even if he is a consumer, due to the lack of remuneration (with regard to the contract of use according to section 2) or, on the other hand, when purchasing Purchased Reservations according to section 3 or when purchasing Open Reservation Offers according to § 312g para. 2 no. 9 BGB. A two-week right of withdrawal therefore expressly does not exist. Every submission of a corresponding offer and booking of these services within the described framework is therefore binding immediately upon conclusion of the contract.

Right of withdrawal for additional products: If the purchase of additional offers in accordance with section 5 or additional digital offers in accordance with section 6 is a distance selling consumer contract within the meaning of §§ 310 para. 3, 312c BGB, the customer concerned is generally entitled to a right of withdrawal.

Cancellation policy (in accordance with Article 246a § 1 para. 2 sentence 2 EGBGB, Annex 1)Right of withdrawal You have the right to cancel a distance contract concluded via the portal within fourteen (14) days without giving reasons within the meaning of §§ 310 para. 3, 312c BGB. The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us Festzelt OS GmbH Seitzstraße 23 80538 Munich Phone: +49-(0)89-5404557-44 Email: [email protected] of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or email). You can use the sample withdrawal form available HERE, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal If you withdraw from the contract, we shall reimburse you for all payments we have received from you, including any delivery costs incurred (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen (14) days from the day on which we receive notification of your withdrawal 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; under no circumstances will you be charged any fees for this repayment. End of the withdrawal policy

The right of revocation expires in the case of a contract for the delivery of additional digital offers not contained on a physical data carrier if Festzelt OS has started to execute the contract after the customer has given his express consent and at the same time confirmed that he is aware that the right of revocation expires when Festzelt OS starts to execute the contract.

7.2 Exchange and redemption
In principle, there is no entitlement to the return or redemption of seat reservations and the purchase of consumption vouchers in a marquee outside of statutory obligations. Reservations will only be taken back by the respective marquee in exceptional cases on the basis of the respective ARGB. Purchased reservations cannot be offered again by the customer via the portal.

7.3 Exchange and Return
Apart from statutory obligations, there is generally no entitlement to return or exchange reservations for seats or the purchase of food and beverage vouchers in a beer tent. Reservations are only accepted for return in exceptional cases and in accordance with the respective beer tent's General Terms and Conditions (ARGB). Customers are not permitted to re-offer purchased reservations via the portal.

7.4 Cancellations / Changes
Festzelt OS has no influence over the execution of seat reservations or the purchase of food and beverage vouchers in a beer tent. Responsibility for canceling or rescheduling reservations (in terms of location or time) lies solely with the respective beer tent, based on its applicable ARGB. Festzelt OS is therefore under no obligation to inform the customer of any cancellation or rescheduling.

7.5 Customer’s Duty to Stay Informed
The customer is responsible for informing themselves in good time – at the latest on the day of their seat reservation – about whether their reservation will take place. This must be done directly with the respective beer tent, using the contact information provided in its respective ARGB, if applicable.

§ 8 Ban on the resale of reservations

8.1 No Commercial Resale
Festzelt OS brokers the reservation of seats and the purchase of consumption vouchers in accordance with clauses 3 and 4 exclusively to end customers. Commercial or profit-oriented resale of the tickets or any other commercial use (e.g. as part of competitions or as part of travel packages) is prohibited to the customer without the written consent of the respective marquee, in particular to maintain the price structure for reservations of seats and the purchase of consumption vouchers as well as due to hygiene and safety aspects in a marquee.

8.2 Private Transfer According to ARGB
Any other transfer of seat reservations and the purchase of consumption vouchers in accordance with sections 3 and 4 shall be governed by the respective ARGB of the marquee concerned. Otherwise, section 7.5 applies.

§ 9 Notes on visiting the respective marquee

Visits to the respective marquee at the Oktoberfest by the customer in connection with the reservations of seats and consumption vouchers purchased in accordance with sections 3 and 4 are subject to the regulations in the respective ARGB of the marquee concerned.

§ 10 Data use and data protection

All personal data transmitted by the user shall be collected, processed and used by Festzelt OS in compliance with the applicable data protection regulations. In this respect, reference is made to the Festzelt OS data protection information available at [Link].

§ 11 Liability

11.1 Exclusion of liability
Festzelt OS, its legal representatives or vicarious agents shall only be liable for damages in connection with these GTC, irrespective of the legal grounds, in the event of intent or gross negligence or - then limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract - in the event of a breach of material contractual obligations. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the user regularly relies. The above limitation of liability does not apply to claims for compensation for damages due to injury to life, limb or health or due to other mandatory statutory liability (e.g. Product Liability Act).

11.2 Intellectual property All rights owned by Festzelt OS, in particular all rights of use under copyright law, all design rights, all trademark and labeling rights and other intellectual property rights (including all stages of development), are the exclusive and unrestricted property of Festzelt OS. Nothing in these GTC shall transfer ownership rights or license rights to the intellectual property of Festzelt OS.

§ 12 Choice of law, place of performance and jurisdiction

12.1 Choice of law
German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

12.2 Place of performance
The place of performance for delivery, performance and payment is Munich.

12.3 Place of jurisdiction
The place of jurisdiction for all disputes arising from or in connection with these GTC and/or their validity or legal transactions on the basis of these GTC is - as far as permissible - Munich.

§ 13 Online Dispute Resolution / Alternative Dispute Participation in accordance with the Consumer Dispute Participation Act

The EU offers an online platform to which the customer can turn to settle consumer disputes out of court and which can be reached at http://ec.europa.eu/consumers/odr/. Festzelt OS does not take part in dispute resolution proceedings before a consumer arbitration board (see § 36 VSBG).

§ 14 Final clause

Should individual clauses of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. The parties shall replace an invalid provision with a provision that comes closest to the economic purpose of the invalid provision. The same applies to a loophole in these GTC.these GTC come into force with immediate effect and replace all previous terms and conditions of Festzelt OS within the scope of these GTC. Status August 2023