General terms and conditions
1. Scope of application
The following general terms and conditions apply to the use of the online ticketing system provided by the Stiftung Deutsche Kinemathek, represented by the Board of Directors made up of Dr Rainer Rother and Mr Florian Bolenius, for purchasing tickets or vouchers for tickets to the Museum für Film und Fernsehen and to all resulting contractual relationships between the Stiftung Deutsche Kinemathek and the Customer. The Stiftung Deutsche Kinemathek does not recognise any terms and conditions of the Customer which deviate from these general terms and conditions.
Processes relating to contracts, payments and deliveries are carried out by Beckerbillett GmbH, Fangdieckstrasse 61, 22547 Hamburg, Germany, on behalf and for the account of the Stiftung Deutsche Kinemathek. You can find the data protection regulations here
2. Conclusion of a contract
The customer makes the contract offer by providing their correct and complete personal data and all data required for processing the payment in addition to accepting these general terms and conditions.
The Stiftung Deutsche Kinemathek then accepts this contract offer by sending a confirmation e-mail. When the Stiftung Deutsche Kinemathek successfully verifies and sends the confirmation to the Customer, this concludes the contract and the tickets are delivered to the Customer by e-mail.
3. Prices
Unless expressly stated otherwise, all prices indicated include the applicable statutory value-added tax. Prices are subject to change without notice and errors are excepted.
4. Payment and payment processing
Unless otherwise agreed, payment for tickets and vouchers for tickets can only be made by credit card, direct debit and Giropay (German bank transfer). The Stiftung Deutsche Kinemathek reserves the right to limit payment to certain credit card providers.
The total price of the order including all fees and costs must be paid immediately after concluding the contract.
The tickets remain the property of the Stiftung Deutsche Kinemathek until full payment has been received.
The Stiftung Deutsche Kinemathek reserves the right to use third-party services such as external service providers to process payments and/or issue receipts. For this reason, the payment recipient or the corresponding bank details stated on the invoice may differ from “Stiftung Deutsche Kinemathek” (e.g. Beckerbillett).
If a payment is charged back, the Stiftung Deutsche Kinemathek is entitled to the immediate return of the tickets ordered or is entitled, but not obliged, to withdraw from the contract and to invalidate the tickets or the barcode sent. The Customer must compensate the Stiftung Deutsche Kinemathek for any damages resulting from this chargeback. In the event of a chargeback, the Customer must reimburse the Stiftung Deutsche Kinemathek for any bank charges incurred in addition to a processing fee of €5.00 per chargeback. If the Stiftung Deutsche Kinemathek withdraws from the contract, it reserves the right to charge the Customer an additional processing fee of €5.00. The Customer has the right to prove that the Stiftung Deutsche Kinemathek has suffered no damage or less damage.
5. Delivery
Tickets are delivered by e-mail with a pdf attachment as a print at home ticket in the form of a QR code. The Customer is required to provide their correct e-mail address on the Internet in order to receive this.
A 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 additional tickets will be sent by post.
Delivery will only be made as long as tickets are still available. Compensation for damages in the event of a late delivery is excluded.
If the Customer does not receive the confirmation e-mail with the ticket for printing within 24 hours of booking, they are obliged to notify the Stiftung Deutsche Kinemathek of this immediately. This also applies to problems with printing out the tickets. If the Customer fails to do so, claims for loss of tickets are excluded, unless the Stiftung Deutsche Kinemathek or its vicarious agents are responsible for the improper delivery or the problems with printing out the tickets.
6. Use and validity of tickets
The Customer may only make one printout of the tickets or vouchers for tickets which the Customer ordered for the purpose of using them as intended. Printing out a print at home ticket entitles the Customer to one admission only.
The Customer is not permitted to reproduce, duplicate and/or modify the ticket.
A ticket that has been duplicated and/or resold or altered without permission does not entitle the holder to visit the Museum für Film und Fernsehen. The single-use barcode on the ticket is scanned electronically at the venue and is then no longer valid for any further use. The barcode cannot be used more than once by duplicating it.
The Stiftung Deutsche Kinemathek reserves the right to deny access to holders of barcode copies or tickets that have been duplicated without permission. In addition, the Stiftung Deutsche Kinemathek reserves the right to claim damages and to file criminal charges against customers who misuse print at home tickets. The Stiftung Deutsche Kinemathek is not responsible for any inconvenience and/or damage caused by unauthorised duplication or misuse of tickets.
The Customer must keep the ticket or the print at home ticket in a safe place, as they would with cash or a conventional ticket, and safeguard it against being misused. The Stiftung Deutsche Kinemathek bears no responsibility for lost and/or misused tickets and will not provide any compensation for this.
Resale to third parties is strictly prohibited.
Proof of any discounts must be presented at the entrance together with identification without being asked. If the Customer does not present such proof, they must pay the difference to the normal price at the ticket office in order to be allowed entry.
Admission is only permitted during the opening hours of the Museum für Film und Fernsehen and/or on the dates indicated on the tickets. The opening hours are determined by the Stiftung Deutsche Kinemathek.
The Stiftung Deutsche Kinemathek reserves the right to refuse admission in cases of overcrowding and/or for other safety reasons and/or to end the visit early.
By concluding the contract, the Customer accepts the regulations of the Stiftung Deutsche Kinemathek as binding.
7. Right of revocation and return
With regard to the sale of tickets with a fixed validity date, the Customer does not have the right to revoke or return the ticket, since according to Section 312b (3)(6) of the German Civil Code (BGB), the provisions on distance contracts do not apply to contracts for the provision of services in the area of scheduled leisure events. Each order for such tickets is thus immediately binding once the Stiftung Deutsche Kinemathek has confirmed this and obliges the Customer to accept and pay for the order.
For the sale of tickets and vouchers for tickets without a set validity date to customers, they have the right to revocation within a 14 day period under the following conditions:
Right of revocation
The Customer may revoke their contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without stating any reasons or by returning the goods, provided that this is received before the deadline. This period begins after this written notification has been received, but not before the recipient has received the goods and, in case of recurring deliveries of equivalent goods, not before the first partial delivery is received and also not before fulfilment of our duty to inform according to Section 246 (2) in conjunction with Section 1 (1) of the Introductory Act to the German Civil Code (EGBGB) and our duties according to Section 312 g (1)(1) of the German Civil Code in conjunction with Article 246 (3) of the Introductory Act to the German Civil Code. Sending the revocation or goods on time is enough to comply with the revocation deadline. The revocation is to be sent to:
Stiftung Deutsche Kinemathek – Museum für Film und Fernsehen
Potsdamer Strasse 2
10785 Berlin, Germany
Tel.: +49-30-300 903-0
Fax: +49-30-300 903-13
onlineshop@deutsche-kinemathek.de
The European Commission provides a platform for online dispute resolution (OS). You can find the platform at ec.europa.eu/consumers/odr/
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must also be paid out. If the Customer is unable to return or pay out the received service and the usage (benefits of use), or is only able to do so in part or in a deteriorated condition, the Customer will be obliged to pay compensation for any applicable loss in value. The Customer is only required to pay compensation for the deterioration of the goods and the benefits derived from them if the use or deterioration is due to the goods being handled in a way that goes beyond checking the properties and functionality. Checking the properties and functionality is understood to mean testing and trying out a respective item, as is possible and customary in a retail shop, for example. The Customer must assume the regular costs of the return delivery if the delivered goods correspond to the goods that were ordered and if the price of the goods to be returned does not exceed an amount of €40.00. Alternatively, the Customer must also assume the regular costs of the return delivery if the price of the goods is higher and the consideration or a contractually agreed partial payment has not yet been made at the time of the revocation. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for the Customer once their notice of revocation and/or the goods have been sent. For the Stiftung Deutsche Kinemathek, this period begins once it has received such notice.
The Stiftung Deutsche Kinemathek reserves the right to withdraw from the contract in the case of obvious pricing errors, if the event is no longer possible, or in the event of a force majeure. In such cases, the Stiftung Deutsche Kinemathek will, as far as possible, inform the Customer immediately, provided that the Customer has given a valid e-mail address when placing the order, and will refund the Customer without delay for any services they have already provided.
8. Operation of the website or online shop
The Stiftung Deutsche Kinemathek does not guarantee that its website and/or the ordering process will operate without any interruptions or errors.
The Stiftung Deutsche Kinemathek makes every reasonable technical effort to keep its website operating without errors or interruptions. The Stiftung Deutsche Kinemathek does not guarantee that the website is free of viruses or other disruptions and accepts no liability in this regard.
9. Liability
The Stiftung Deutsche Kinemathek shall be liable without limitation for bodily injury (damage to life, body and health).
The Stiftung Deutsche Kinemathek shall be liable for other damages in the event of fraudulent intent, deliberate intent and gross negligence. In the case of a negligent breach of a material contractual obligation, the Stiftung Deutsche Kinemathek’s liability for damages is limited to damages that are foreseeable and typical for the contract. This also applies to any breaches of duty by vicarious agents. Further claims are excluded.
10. Prohibition of assignment
Any transfer of rights and obligations arising from the ticket purchase agreement is only valid if the Stiftung Deutsche Kinemathek has provided written consent for this. Otherwise, assignment of any claims against the Stiftung Deutsche Kinemathek to third parties is excluded. The Stiftung Deutsche Kinemathek is obliged to provide consent if the Customer can prove a legitimate interest in the assignment.
11. Final provisions
For business relations with merchants or legal entities under public law, the place of jurisdiction for all legal disputes arising from the contract is the registered office of the Stiftung Deutsche Kinemathek (Berlin).
All business relations with Customers are governed exclusively by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is excluded.
Should any of the provisions mentioned above become invalid in whole or in part, this will not affect the validity of the remaining provisions or parts thereof. In place of this invalid provision, a substitute provision will then apply which corresponds or at least comes close to the purpose of the agreement, such as the parties would have agreed in order to achieve the same economic result, if they had known that the provision in question was invalid.
The General Terms and Conditions for Online Ticketing of the Stiftung Deutsche Kinemathek enter into force on 21 January 2019.
Berlin, 21 January 2019
Board of Directors
Dr Rainer Rother, Artistic Director
Florian Bolenius, Executive Director
