General Terms and Conditions of Business and Payment

These General Terms and Conditions of Business and Payment apply to all deliveries and services of Berlin Wall Foundation (SBM), represented by the Director, Bernauer Straße 111, D-13355 Berlin, which are ordered online via the website of the Berlin Wall Foundation, in writing or by telephone. Terms and Conditions of Business to the contrary shall not be recognized if SBM has not agreed to them in writing before the contract is concluded.

The contractual relationship for the purchase of admission tickets, event tickets, group tours or other educational events and products is concluded exclusively by SBM and the customer. The customer authorizes SBM to process the contracts. Products are only sold to end users and authorized resellers. By confirming the inquiry on the SBM website or by placing an order by telephone or in writing via the visitor service, the customer submits an offer to SBM to conclude a contract for the purchase or use of all products and services in the shopping basket. SBM accepts this offer by confirming it by e-mail and the booking is therefore binding. No further documents shall be sent by post. Cancellation is only possible in accordance with the following conditions. SBM uses external service providers to provide the online program. Bookings are made in the shop system of the technical service provider Giant Monkey GmbH. Payments are processed by Adyen N.V. on behalf of and for the account of SBM.

The offered prices for admission tickets, event tickets, memorial site tours and other products are exempt from VAT in accordance with Section 4, No. 20 a, UStG (German Turnover Tax Law). Customers pay in advance using one of the available payment methods. Payment for services booked via the visitor service can also be made by arrangement at the cash desks during the visit to the memorial or subsequently by invoice. Payment by collective invoice is only possible by arrangement.

Confirmation, invoices, Print@home tickets and admission tickets are sent to the e-mail address made available by the customer at his/her own risk. Ordered products shall be shipped immediately following receipt of the purchase price. The risk of accidental loss passes to the customer upon handover to the shipping company. Replacement shall not be provided. The product remains the property of the Berlin Wall Foundation up until payment in full has been received.

Guided tour and event tickets entitle the holder to attend a booked event. Admission tickets and tickets sent electronically are either to be printed on A4 paper or presented in digital form on the mobile device as proof of payment before entering. All printed online tickets and confirmation contain a barcode that may not be creased or damaged. The barcode is canceled when scanned. Tickets may not be transferred to other persons after entry. Reduced or free admission tickets are only valid in conjunction with the corresponding proof of authorization. This must be presented to the admission staff. If there is no authorization to purchase reduced or free admission, the difference compared to the normal price is to be paid at the ticket office on the day of the visit. Commercial resale is not permitted. SBM shall not grant admission to holders of manipulated, copied or otherwise falsified tickets. SBM reserves the right to make special admission arrangements for special events. It is authorized to block access to individual areas or restrict access. Compensation shall not be provided in the event of loss, theft or non-utilization of the online admission ticket.

There is a limit on the number of participants per booked date for all guided tours, workshops and other group offers. Offers for groups are subject to advance booking, which must be completed before the tour is conducted. Customers are to print the digital booking confirmation on A4 paper or store it in digital form on a mobile device and present it at the cash desk before using the service. Guided tours, workshops and other group offers are organized by an independent guide on behalf of SBM. Appointing and commissioning an expert guide is the responsibility of SBM. In other respects, the guided tour and registration terms stated on the booking confirmation apply. SBM reserves the right to make minor changes to the program and change the guide. The age of registered children must correspond to the age group specified for the course, otherwise we reserve the right to refuse a child’s participation. If the group is late, the tour shall be shortened by the corresponding time. Entitlement to the booked offer shall expire 15 minutes after the booked start time.

SBM reserves the right to permit audio and/or video recordings or transmission of individual events by authorized persons or make such recordings itself. By purchasing an admission ticket, visitors agree that they may be recorded in image and/or word and that these recordings may be published or used without entitlement to remuneration, provided this does not conflict with visitors’ legitimate interests. SBM is entitled to use these recordings, in particular reproduce, distribute and publicly reproduce them or make them publicly available, insofar as they are aimed at documenting the event and do not focus on an individual person.

The Director exercises domiciliary rights on the grounds and in the buildings of the Berlin Wall Memorial, the Marienfelde Memorial Center, the East Side Gallery, the Günter Litfin Memorial and the Parliament of Trees against War and Violence. In addition, the Director may delegate the exercise of domiciliary rights to other authorized persons. Instructions issued by these persons are to be followed. Visitors may be refused entry if there is good cause to believe that they shall disrupt the operation of the memorial or cause a nuisance to other visitors. Admission may also be refused if a visitor has violated these General Terms and Conditions of Business. Persons who obstruct or disrupt ticket sales or cause a nuisance to visitors to the Memorial Centre may be removed from the premises. Visitors may be removed from the premises if they disrupt the memorial’s operations or cause a nuisance to other people. In such cases, the entrance fee shall not be refunded.

Appropriate behavior at the memorials
Selected sites of the Berlin Wall Foundation are dedicated to the victims of the division of Germany. Loud and conspicuous behavior and the use of loudspeakers are not permitted. Climbing and scaling the walls and other historical structures are not permitted. Graffiti on the memorials or on any structural elements of the memorials is not permitted and shall be reported to the police.

Ban on accessing the premises
If a general ban is issued, this applies both to visits to the outdoor areas and exhibitions and to events organized on the SBM premises. Lifting a ban on accessing the premises shall be subject to a written application with reasons. SBM shall decide on lifting such a ban within 3 months. SBM shall inform the customer in text form of the decision taken.

Smoking
Smoking (including e-cigarettes) is prohibited in the buildings of the Berlin Wall Memorial, the Marienfelde Reception Centre, the East Side Gallery, the Günter Litfin Memorial and the Parliament of Trees against War and Violence. The relevant instructions are to be observed.

Drinks, food
Bringing food and drinks into the SBM buildings is permitted. However, the consumption of food and drink is prohibited in the exhibitions and at events in closed SBM premises, unless such a prohibition is expressly waived.

Bringing animals onto the premises
Animals are not permitted in the exhibition rooms or SBM buildings. The only exceptions are assistance dogs and guide dogs for the blind. Dogs must be kept on a lead in the outdoor areas.

Obligation to supervise
The obligation to supervise minors lies with the accompanying adults during the entire visit. In special cases, the duty of supervision may be transferred to SBM employees or persons authorized by SBM. This is subject to the prerequisite that the necessary information is made available in writing.

Evacuation
In the event of fire or other dangerous situations, visitors must leave the SBM buildings or outside areas immediately via the marked escape routes. Cloakrooms shall not be available in such cases. The instructions of the service staff or other persons authorized by SBM to evacuate guests are to be followed at all times.

Pursuant to Section 312g(2), No. 9, BGB (German Commercial Code), the provisions on the right of withdrawal for distance selling contracts do not apply to contracts for the rendering of services in connection with leisure activities if the contract provides for a specific date or period for the rendering of services.

Paid tickets for public mediation programs and events cannot be canceled and shall not be refunded. Group guided tours and workshops may be canceled free of charge up to five (5) working days in advance in writing. Receipt of the cancellation by the Berlin Wall Foundation, sent in writing to the Visitor Service, Bernauer Straße 111, D-13355 Berlin or by e-mail to besucherservice [at] stiftung-berliner-mauer.de (besucherservice[at]stiftung-berliner-mauer[dot]de), is decisive for compliance with the period. Proof of cancellation is to be provided by the customer. The full invoice amount shall be due in the event of cancellation after the aforementioned deadline, failure of the group to appear on the agreed date or a delay of more than 15 minutes. In the case of free offers, a flat cancellation fee of € 65 for each booked program item shall be charged. The customer is entitled to prove that the aforementioned damage in the form of the cancellation fee has not occurred or has not occurred in relation to the amount requested. Canceling individual program services is not possible. The agreed remuneration shall be due in full in the event of a reduction in the number of participants. No liability is accepted for cancellation of the event due to force majeure or the like.

If the event is canceled for conservational, organizational or technical reasons, SBM shall be entitled to withdraw from the contract. In such a case, any payments that have been made shall be refunded. Further-reaching claims are ruled out. SBM reserves the right to cancel a guided tour or workshop if demand is too low or due to force majeure (e.g. illness of the course instructor). In such a case, the customer shall not incur any costs. SBM shall not be liable for futile expenses or other disadvantages incurred by the customer as a result of the cancellation.

Customer claims for damages are excluded. This does not apply to claims for damages by the customer resulting from loss of life, physical injury or detrimental effects on health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Berlin Wall Foundation, its legal representatives or vicarious agents.

The customer acknowledges that SBM’s guided tours are predominantly conducted on historical grounds. The structural conditions at the location do not have the characteristics of modern buildings, therefore there is an increased risk of accidents participants. Customers acknowledge that particular caution is required during the tour. Before and during the guided tour, SBM shall make separate information available about the existing sources of danger that apply as part of a respective guided tour.

The law of the Federal Republic of Germany applies. The Berlin Wall Foundation reserves the right to amend these conditions at any time without stating reasons for such action.