Terms & Conditions
General Terms and Conditions of Business of Arena One GmbH for Catering and Event Services
1. Scope of Application
These General Terms and Conditions of Business apply to the services of Arena One GmbH (“AO“) for events and catering. Customers’ deviating or additional terms and conditions are rejected. They apply only if AO has declared its agreement expressly and in writing with them or a part of them.
2. Offers and Prices
Offered prices are net prices and are to be understood as being plus the applicable value added tax (currently 19 %).
3. The Formation and Content of Contracts
3.1. The contract is formed by returning the undersigned event agreement of AO by the customer. Amendments by the customer require the express agreement of AO. Verbal supplementary agreements or subsequent changes/additions to a contract are only binding if AO has confirmed them in writing.
3.2. If the customer is an intermediary and/or a promoter for a third party (“principal”), both are jointly and severally liable for the fulfilment of the obligations under the contract. With his, her or its signature under AO’s offer, the intermediary/promoter declares that he, she or it is authorised by his, her or its princip
4. Scope of and Changes to Services
4.1. AO reserves the right to make changes to the composition of a menu in the event that, for reasons not due to AO, parts of the menu have to be replaced by equivalent food or drink. AO will strive to inform the customers promptly and will ensure that the substitute product comes as reasonably close as possible to the character of the replaced product.
4.2. The scope of services provided by the customer and confirmed in the offer through a signature serves as the basis of invoicing. Increases in the scope of services and the sales of drinks shall be charged for according to the sales that have actually occurred based on AO's usual event prices.
4.3. If the customer reports a change in the number of people by more than 10 %, - 14 days prior to the booked date in respect of events with more than 30 people or - 7 days prior to the booked date in respect of events with up to 30 people, AO is entitled to charge the customer for the losses arising from the reduction in the number of people. In respect of late reporting with regard to a reduction in the number of people, AO can demand the full agreed payment.
4.4. In respect of events which exceed the agreed time, AO will charge a supplementary service charge per employee on the basis of the hourly wage of each employee required. 4.5. In respect of a considerable reduction in the number of people (>20%), AO reserves the right to choose premises other than those chosen based on the originally provided number of people and to change the placement of the guests. AO will strive to satisfy as far as possible the placement wishes of the customers.
5. Rescission
5.1. Insofar as expressly agreed in the contract, the customer is entitled to rescind the contract up to 14 days before the agreed date. If he, she or it declares the rescission: - sooner than 6 weeks before the agreed date, this is at no charge; - between 6 weeks and 14 days before the agreed date, AO is entitled to charge cancellation costs of up to an amount of 80% of the contract amount, unless the losses of AO are less and the customer can prove this.
5.2. Notwithstanding the above-mentioned regulation, AO may charge the customer for goods, materials and personnel services that have been procured specially for the event concerned and which AO cannot otherwise use.
5.3. Should the customer not exercise his, her or its right of rescission, the contract continues to be valid, with the result that the customer must then also pay the agreed remuneration when he, she or it has not availed himself, herself or itself of the ordered supplies and services. The remuneration also includes adequate compensation for lost food and drinks sales.
5.4. AO is also be entitled to withdraw from the contract for a reason justified by the facts, for example, force majeure, industrial disputes, (strikes and lockouts), through which there is not only a delay in performance, or which, through no fault of AO, make fulfilment of the contract by AO impossible or unreasonably difficult. The customer has no right to compensation in respect of a justified rescission.
6. Defects
Complaints by the customer about defects or quantity deviations in equipment made available by AO are to be notified immediately to AO. The services of AO are regarded as approved if not reported in time. In respect of defects to the equipment made available by AO, AO will, at its own discretion, either repair the object involved or supply a replacement, whereby several attempts at repair are permitted. If the repairs are not carried out in a suitable period or the replacement is also defective, the customer can demand reduction of the remuneration and, if the event is seriously affected, can withdraw from the contract. Otherwise the statutory provisions apply.
7. The Duties of the Customer
The provision of food and drinks as well as other services, which would normally be within the scope of a full service caterer, by the customer is permissible only after a separate, written agreement. AO can make its agreement subject to a suitable contribution from the customer to cover the overheads.
8. Remuneration and Payment Conditions
8.1. AO reserves the right to request 50% of the contract amount as a deposit with the acceptance of the customer of the offer. If AO avails itself of this right and this deposit has not been received 14 days after the receipt of a relevant request by the customer, however, no later than 14 days prior to the event, AO shall be entitled to rescind the contract and claim damages for non-fulfilment. The date and the name of the event is to be given on the payment instruction.
8.2. Billing abroad shall only be possible after prior agreement with AO.
8.3. The (final) invoice will be issued by AO subsequent to the event. The invoice amount is due for payment within 14 days after receipt of the invoice without deductions.
9. Liability
9.1. The customer is liable for all damage to objects in the possession of AO or which have been introduced by AO and which has been caused culpably by participants at or visitors to the event, employees or other third parties from the customer’s area or the customer himself, herself or its self.
9.2. AO can request the provision of reasonable security from the customer (e.g. insurance, deposits, guarantees).
9.3. AO is liable for damage to the customer through breaches of duty to legal assets other than life, limb or health only in the event of these being caused as a result of gross negligence or intent. If the damage arises through a breach of material contractual obligations, AO shall also be liable in the case of simple negligence.
9.4. If the customer decides to take away unused food and drinks with him, her or it after the end of the event, AO shall assume no liability for damage caused by incorrect storage, transportation, hygienic handling or other improper handling and/or delayed consumption
10. Final Provisions
10.1. German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG).
10.2. If the customer is a merchant within the meaning of the German Commercial Code [Handelsgesetzbuch], a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. Furthermore, AO is entitled to bring an action before the court which has jurisdiction at the registered office of the customer.
10.3. The customer may only set off against AO’s claims or assert a right of retention with counterclaims that are undisputed or determined to be legally valid.
10.4. Should individual provisions of these terms and conditions be or become invalid or unenforceable, the contract as a whole and the other provisions of these terms and conditions shall remain valid.
10.5. The contractual parties undertake to replace the invalid/unenforceable provision from the start of the invalidity/unenforceability by an equivalent provision which is as close as possible economically having regard to the interests of both parties. The same shall apply to any gaps.
General Terms and Conditions of Arena One GmbH for Restaurant 181
1. Scope of Application
These General Terms and Conditions shall apply to services by Arena One GmbH (“AO”) for events in Restaurant 181 – Werkstatt der Sinne. Customer’s deviating or additional terms and conditions are rejected. They shall only apply if AO has expressly agreed to them or parts of them in writing.
2. The Formation and Content of Contracts
2.1. An event shall occur when meals or a succession of meals are ordered and specified in advance and there is no á la carte selection in the restaurant, other special services are made use of or a reservation includes more than nine persons.
2.2. In the case of an event with more than 120 persons, the restaurant shall be assigned exclusively to this event. Room rental and guaranteed sales shall be agreed individually in respect of exclusive allocation. The customer shall guarantee the then agreed sales by ordering meals and drinks. These amounts constitute the minimum sales. AO is entitled to charge for the difference between smaller actual sales and the agreed sales amounts as an additional rental fee. The rental fee shall include the provision of the room and the existing furniture.
2.3. The contract regarding events shall be formed through the return of the signed event agreement to AO by the customer. AO shall be bound by the unsigned offer until the expiry of the set period stated therein. Amendments by the customer require the express agreement of AO. Verbal supplementary agreements or subsequent changes/additions to a contract are only binding if AO has confirmed them in writing.
2.4. If the customer is an intermediary and/or a promoter for a third party (“principal”), both are jointly and severally liable for the fulfilment of the obligations under the contract. With his, her or its signature under AO’s offer, the intermediary/promoter declares that he, she or it is authorised by his, her or its principal. AO’s contractual partners and customers and thus the invoicing address are initially the intermediary/promoter.
3. Scope of and Changes to Services
3.1. The scope of services provided by the customer and confirmed in the offer through a signature serves as the basis of invoicing. Increases in the scope of services and the sales of drinks shall be billed for according to the sales that have actually occurred based on AO’s usual price list. AO reserves the right to make changes to the composition of a menu in the event that, for reasons not due to AO, parts of the menu have to be replaced by equivalent food or drink. AO will strive to inform the customers promptly and will ensure that the substitute product comes as reasonably close to the character of the replaced product.
3.2. If the customer reports a reduction in the number of people later than 48 hours before the booked date, AO shall be entitled to demand the whole of the agreed remuneration.
3.3. In the case of a subsequent increase in the number of people, the customer undertakes to notify this in writing without delay to AO. The increase shall only be effective if it is confirmed by AO. The remuneration and invoicing shall then be based on the increased number of persons.
3.4. The scope of services shall include the usual opening times: These are as follows: • Midday: 11:00 hrs to 16:30 hrs (hot food from 12:00 hrs, last admission 16:30 p.m.), • Evening: 18:00 hrs to 24:00 hrs (hot food until 21:30)
3.5. A change in the opening times is possible as a rule and must be agreed beforehand with AO. In the case of events that extend beyond the usual opening hours, AO charges an additional service charge per employee based on the following amounts for each employee required. • Service manager €35 • Service staff: €30 • Cook: €30
3.6. It is pointed out that a change in the operating times of the lift in the Olympic Tower is to be agreed by the customer with Olympiapark München GmbH.
4. Rescission
4.1. The customer is entitled to rescind the contract. The rescission must be declared in writing. If the customer declares the rescission: • in the case of an event with less than 20 persons, earlier than 3 working days before the agreed date, this will be free of charge; • in the case of an event with more than 20 persons, earlier than 5 working days before the agreed date, this will be free of charge; • in the case of an exclusive booking, earlier than 30 calendar days before the agreed date, this will be free of charge. Cancellations declared outside these prescribed periods shall entitle AO to claim the customer’s entire remuneration, unless the losses of AO are less and the customer can prove this. If no remuneration has been agreed, the cheapest menu offered at this time per person shall be taken as the minimum loss; in the case of an exclusive booking, a minimum of 100 people shall be taken, in so far as no details provided by the customer are available. 4.2. Notwithstanding the above-mentioned provision, AO can charge the customer for goods, materials and personnel services that were procured especially for the event concerned and which AO cannot otherwise use. 4.3. If the customer does not exercise his, her or its right to rescind the contract, the contract shall remain valid with the result that the customer will also have to pay the agreed remuneration, if he, she or it does not make use of the ordered supplies and services. The remuneration shall also include adequate compensation for lost food and drink sales. 4.4. AO is also entitled to rescind the contract for an objectively justifiable reason, for example, in the cases of force majeure, industrial disputes (lock-out and strike), through which not only a delay in performance occurs, or circumstances beyond the control of AO render the performance of the contract impossible or significantly impede this. In the case of a justified cancellation, the customer shall not have a claim for damages.
5. Defects
Complaints by the customer about defects or quantity deviations in equipment made available by AO are to be notified immediately to AO. The services of AO are regarded as approved if not reported in time. In respect of defects to the equipment made available by AO, AO will, at its own discretion, either repair the object involved or supply a replacement, whereby several attempts at repair are permitted. If the repairs are not carried out in a suitable period or the replacement is also defective, the customer can demand reduction of the remuneration and, if the event is seriously affected, can withdraw from the contract. Otherwise the statutory provisions apply.
6. The Duties of the Customer
The provision of food and drinks as well as other services, which would normally be within the scope of a restaurant, by the customer is permissible only after a separate, written agreement. AO can make its agreement subject to a suitable contribution from the customer to cover the overheads. 6.1. If the customer provides the decoration with AO’s consent, the material used for decoration by him, her or it must conform to the fire brigade regulations. AO is entitled to demand official proof regarding this. To avoid damage, the introduction and assembly of objects must be coordinated with AO beforehand. 6.2. The use of the customer’s own electrical systems while using the electricity network of rooms let by AO shall require the written consent of AO. 6.3. The event agreement encompasses the thorough cleaning of the event rooms and the disposal of the waste usual for the event. AO shall charge separately for the disposal of any unusual waste in terms of its nature or its quantity. The same shall apply to exceptional dirtying of the event room. 6.4. In the case of musical performances, the customer must guarantee the protection of the relevant proprietary rights (GEMA = German performance rights organization).
7. Remuneration and Payment Conditions
7.1. AO reserves the right to request 50% of the contract amount as a deposit with the acceptance by the customer of the offer. If AO avails itself of this right and this deposit has not been received 14 days after the receipt of a relevant request to the customer, however, no later than 14 days prior to the event, AO shall be entitled to rescind the contract. The date and the name of the event are to be given on the payment instruction.
7.2. Billing abroad shall only be possible after prior agreement with AO.
7.3. The (final) invoice will be issued by AO subsequent to the event. The invoice shall be signed on-site by a person authorised by the customer. The invoice amount is due for payment immediately and without deductions within 14 days after receipt of the invoice.
8. Liability
8.1. The customer is liable for all damage to objects in the possession of AO or which have been introduced by AO and which has been caused culpably by participants at or visitors to the event, employees or other third parties from the customer’s area or the customer himself, herself or itself.
8.2. AO is liable for damage to the customer through breaches of duty to legal assets other than life, limb or health only in the event of these being caused as a result of gross negligence or intent. If the damage arises through a breach of material contractual obligations, AO shall also be liable in the case of simple negligence.
9. Final Provisions
9.1. German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG).
9.2. If the customer is a merchant within the meaning of the German Commercial Code [Handelsgesetzbuch], a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. Furthermore, AO is entitled to bring an action before the court which has jurisdiction at the registered office of the customer.
9.3. Unless otherwise provided, amounts stated in these general terms and conditions of business are subject to value added tax at the applicable rate.
9.4. The customer may only set off against AO’s claims or assert a right of retention with counterclaims that are undisputed or determined to be legally valid.
9.5. Should individual provisions of these terms and conditions be or become invalid or unenforceable, the contract as a whole and the other provisions of these terms and conditions shall remain valid.
9.6. The contractual parties shall replace the invalid/unenforceable provision from the start of the invalidity/unenforceability by an equivalent provision which is as close as possible economically having regard to the interests of both parties. The same shall apply to any gaps.
General Terms & Conditions of Arena One GmbH for Event and Banquet Services in the Allianz Arena Munich
1. Scope of Application
These General Terms and Conditions of Business apply to the services of Arena One GmbH (“AO“) for events and catering in the Allianz Arena Munich. Customers’ deviating or additional terms and conditions are rejected. They apply only if AO has declared its agreement expressly and in writing with them or a part of them.
2. Offers and Prices
2.1. Offered prices are net prices and are to be understood as being plus the applicable value added tax (currently 19 %).
2.2. Setting-up and taking down days in the time from 08:00 to 24:00 hrs are charged at 50% of the daily rental rate.
3. The Formation and Content of Contracts
3.1. The contract is formed by returning the undersigned event agreement of AO by the customer. Amendments by the customer require the express agreement of AO. Verbal supplementary agreements or subsequent changes/additions to a contract are only binding if AO has confirmed them in writing.
3.2. If the customer is an intermediary and/or a promoter for a third party (“principal”), both are jointly and severally liable for the fulfilment of the obligations under the contract. With his, her or its signature under AO’s offer, the intermediary/promoter declares that he, she or it is authorised by his, her or its principal. AO’s contractual partners and customers and thus the invoicing address are initially the intermediary/promoter.
3.3. Fundamentally the customer may not bring along any food or drinks to the event. Exceptions to this require a written agreement with AO. In these cases, AO will charge an amount to cover the overheads.
4. Scope of and Changes to Services
4.1. AO reserves the right to make changes to the composition of a menu in the event that, for reasons not due to AO, parts of the menu have to be replaced by equivalent food or drink. AO will strive to inform the customers promptly and will ensure that the substitute product comes as reasonably close to the character of the replaced product.
4.2. The scope of services provided by the customer and confirmed in the offer through a signature serves as the basis of invoicing. Increases in the scope of services and the sales of drinks shall be charged for according to the sales that have actually occurred based on AO’s usual event prices.
4.3. The customer shall inform AO of any changes in the number of people by no later than 5 days before the event commences in writing (in respect of the box area by 1200 hrs of the preceding working day).
4.4. If the customer reports a change in the number of people by more than 10 % 8 days or later prior to the booked event, AO is entitled to charge 50% of the shortfall in sales from the reduction of the number of people – unless the customer can prove lesser losses or AO can prove greater losses.
4.5. In respect of a considerable reduction in the number of people (>20%), AO reserves the right to choose tables or rooms other than those chosen based on the originally provided number of people and to change the placement of the guests. AO will strive to satisfy as far as possible the placement wishes of the customers.
5. Rescission
5.1. The customer is entitled to rescind the contract up to 14 days before the agreed date. Rescinding the contract after this deadline is not possible and entitles AO to charge 100% of the contract amount. If the customer declares the rescission: – sooner than 6 weeks before the agreed date, this is at no charge; – between 6 weeks and 14 days before the agreed date, AO is entitled to charge cancellation costs of up to an amount of 80% of the contract amount, unless the losses of AO are less and the customer can prove this.
5.2. AO is entitled to rescind the contract 14 days prior to the date, if a football game is played in the Allianz Arena Munich at this time, which AO was not aware of at the time of the conclusion of the contract, and during which AO will not be able to utilise the agreed spaces for the agreed object of the event. AO will inform the customer immediately after becoming aware of such a newly scheduled game and strive, insofar as desired, to provide a new date for the customer which is as close as possible to the cancelled event.
5.3. In the event of force majeure and industrial disputes (strikes and lockouts), through which not only a delay in performance occurs, AO may withdraw from the contract.
6. Special Wishes of the Customer (Decoration, Technology) 6.1. After the end of the event any exhibition material and other items that have been brought in shall be removed without delay. If the customer does not do this, AO is entitled to remove and store these at the expense of the customer. If the items remain in the event space, AO can charge room rental for the period the said items remain therein. The production of evidence of lesser losses shall be reserved to the customer, AO the right to provide evidence of higher losses. 6.2. The customer is not entitled to use his, her or its own telephone, fax and data transmission equipment, but to use the Allianz Arena’s internal network – which will be made available by an outside firm and which will be. charged for. 6.3. Customer complaints about the technical equipment and rooms made available by AO are to be notified immediately and in writing to AO. The services of AO are regarded as approved if not reported in time. 6.4. In respect of defects to the equipment made available by AO, AO will, at its own discretion, either repair the object involved or supply a replacement, whereby several attempts at repair are permitted. If the repairs are not carried out in a suitable period or the replacement is also defective, the customer can demand reduction of the remuneration and, if the event is seriously affected, can withdraw from the contract.
7. The Duties of the Customer
7.1. AO shall ensure that the rooms are in the prescribed condition for holding events. The customer is responsible for complying with public law regulations and for obtaining the required authorisations that affect the holding of the actual event.
7.2. AO reserves the right to agree or not to changes in the seating in the Business Area and in the Sponsors’ Lounges. If the customer intends to make changes to seating in these areas, he, she or it must inform AO of this promptly. Should AO comply with this request, AO can charge the customer for the costs of rearranging and putting back in place the seating.
7.3. Advertising by the customer outside the rented rooms is not permitted. In particular, the affixing of signs or similar or the walls and ceilings is not allowed. With the agreement of AO, it is possible to have information signs for the event.
8. Remuneration and Payment Conditions
8.1. AO reserves the right to request 50% of the contract amount as a deposit with the acceptance of the customer of the offer. If AO avails itself of this right and this deposit has not been received 14 days after the receipt of a relevant request by the customer, however, no later than 14 days prior to the event, AO shall be entitled to rescind the contract. This does not apply if the acceptance of the offer takes place later than 14 days before the event. The date and the name of the event are to be given on the payment instruction.
8.2. Billing abroad shall only be possible after prior agreement with AO.
8.3. The (final) invoice will be issued by AO subsequent to the event. The invoice amount is due for payment within 14 days after receipt of the invoice without deductions.
9. Technical and Organisational Provisions
9.1. If the customer provides the decoration with AO’s consent, the decoration material used by him, her or it must comply with the fire brigade regulations. AO is entitled to demand official proof of this. To avoid damage, the introduction and assembly of items must be agreed with AO.
9.2. The use of the customer’s own electrical systems while using the electricity network of rooms let by AO shall require the written consent of AO.
9.3. In particular, the customer shall ensure that the floor is not loaded with more than 4 kn/m2 at any point. The consequences of not complying with this specification will be borne by the customer.
9.4. The event agreement encompasses the thorough cleaning of the event rooms and the disposal of the waste usual for the event. AO shall charge separately for the disposal of any unusual waste in terms of its nature or its quantity. The same shall apply to exceptional dirtying of the event room.
9.5. The turf of the stadium may not be accessed and no items may be placed on the turf.
9.6. In respect of events of more than 250 people, the customer, at his, her or its own cost, has to ensure the presence of a medical attendant. If the customer so wishes, AO can commission a relevant institution with the provision of a medical attendant.
9.7. In the case of musical performances, the customer must guarantee the protection of the relevant proprietary rights (GEMA = German performance rights organization).
10. Liability
10.1. The customer is liable for all damage to the buildings or the inventory which has been caused culpably by participants at or visitors to the event, employees or other third parties from the customer’s area or the customer himself, herself or itself.
10.2. AO is liable for damage to the customer through breaches of duty to legal assets other than life, limb or health only in the event of these being caused as a result of gross negligence or intent. If the damage arises through a breach of material contractual obligations, AO shall also be liable in the case of simple negligence.
10.3. AO is not liable for any noise pollution arising from any construction work in the Allianz Arena Munich.
10.4. If the customer decides to take away unused food and drinks with him, her or it after the end of the event, AO shall assume no liability for damage caused by incorrect storage, transportation, hygienic handling or other improper handling and/or delayed consumption
11. Final Provisions
11.1. If the customer is a merchant within the meaning of the German Commercial Code [Handelsgesetzbuch], a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. Furthermore, AO is entitled to bring an action before the court which has jurisdiction at the registered office of the customer.
11.2. Emails do not satisfy the written form in the meaning of these General Terms and Conditions of Business.
11.3. Should individual provisions of these terms and conditions be or become invalid or unenforceable, the contract as a whole and the other provisions of these terms and conditions shall remain valid. The contractual parties undertake to replace the invalid/unenforceable provision from the start of the invalidity/unenforceability by an equivalent provision which is as close as possible economically having regard to the interests of both parties. The same shall apply to any gaps.
General Terms & Conditions for Visitor Tours in the Allianz Arena Munich
1. Area of Application
These General Terms and Conditions of Business apply to guided tours for visitors carried out by Arena One GmbH (“AO“) in the Allianz Arena Munich. Customers’ deviating or additional terms and conditions are rejected. They apply only if AO has declared its agreement expressly and in writing with them or a part of them.
2. The Formation and Content of Contracts
2.1. The range of the possible tours, with more detail on the focal points, length and prices, can be gleaned from AO’s information brochures and website (www.arenaone.com) and for the FC Bayern Kids Club Birthday Tour from the website of FC Bayern Kids Club (www.fcbayern.telekom.de).
2.2. The customer can choose from the offers available and book a guided tour, naming the type of tour, the desired date and the number of participants (offer).
2.3. The prices valid at the time of booking, which include the then relevant value added tax, are applicable.
2.4. The contract is formed by confirmation of the booking by AO (acceptance). Verbal supplementary agreements or subsequent changes/additions to a contract are only binding if AO has confirmed them in writing.
3. Rescheduling and Rescission
3.1. If the desired date for a visitors’ guided tour is so far in the future that it cannot be certain whether it will be possible or not due to a football match or another large event, AO will conditionally confirm the booking. A final rejection takes place approximately two weeks before the desired date.
3.2. AO reserves the right to reject conditionally confirmed bookings, if the guided tour cannot be conducted on the desired day because a football match, another large event or other circumstances make it impossible for AO. As a matter of priority, AO will strive to promptly offer a new date for the cancelled date, if so desired by the customer.
3.3. The customer is entitled to rescind the contract up to 7 days before the agreed date. If the customer declares the rescission: – sooner than 7 days before the agreed date, this is at no charge; – less than 7 days before the agreed date, AO is entitled to charge cancellation costs of up to an amount of 30% of the contract amount, unless the losses of AO are less and the customer can prove this; − less than 24 hours before the agreed date, AO is entitled to charge cancellation costs of up to an amount of 30% of the contract amount, unless the losses of AO are less and the customer can prove this.
3.4. In the event of force majeure and industrial disputes (strikes and lockouts), though which not only a delay in performance occurs, AO may withdraw from the contract.
4. Changes to the Number of People
4.1. AO is entitled to charge for the visitors actually appearing for the booked guided tour; however, at least 90% of the agreed remuneration, even if the number of visitors actually appearing differs by more than 10% downwards compared to the booked number.
4.2. If the number of visitors appearing on the agreed date differs by more than 10% upwards compared to the booked number of visitors, AO assumes no responsibility for whether all the participants can be taken on the guided tour (esp. if the increased number of visitors leads to a division into more groups than planned).
5. Information on the Ticket Collection
5.1. The ordered tickets must be collected 1/2 hour before the beginning of the guided tour from the Allianz Arena Shop.
5.2. If the customer fetches the tickets later, AO will try to conduct the guided tour as promptly as possible (in particular, if the customer promptly reported a delay). In any case, AO can demand payment in full.
6. Stadium Regulations and Liability
6.1. The guidelines of the stadium’s regulations of Allianz Arena MünchenStadion GmbH are to be adhered to. The instructions of the security service are to be followed.
6.2. Taking along photo cameras and other picture, film and recording equipment for commercial use is also prohibited as is the taking along of fireworks, bottles, cans, narcotics and pets.
6.3. Obviously inebriated or intoxicated visitors can be expelled from the stadium. Furthermore, the Arena Guides are entitled to cancel a tour without replacement.
6.4. The customer has to ensure that all participants in the guided tour booked by him, her or it are physically able to take part in the tour. In particular, they should be free from giddiness and be able to walk long stretches and gradients.
6.5. AO is liable for damage to the customer and/or the participants through breaches of duty to legal assets other than life, limb or health only in the event of these being caused as a result of gross negligence or intent. If the damage arises through a breach of material contractual obligations, AO shall also be liable in the case of simple negligence.
6.6. The customer is liable for all soiling, damage to the buildings or the inventory and any other damage which has been caused by participants in the guided tour booked by he, she or it or culpably by the customer himself, herself or its self.
7. Remuneration and Payment Conditions
7.1. The agreed remuneration is due for payment by no later than fetching the tickets from the Allianz Arena Shop or receipt of the invoice by the customer. In the Allianz Arena Shop, payment can be made in cash, by EC or credit card. Payment by card requires the presentation of a valid identity document.
7.2. AO reserves the right to request 50% of the contract amount as a deposit with the acceptance of the customer of the offer. If AO avails itself of this right and this deposit has not been received 14 days after the receipt of a relevant request by the customer, however, no later than 7 days prior to the event, AO shall be entitled to rescind the contract. The invoice number is to be given on the payment instruction.
7.3. If it is necessary to reissue an invoice and this is due to the customer (by incorrect information supplied when booking), AO can demand a handling fee of €5.00.
8. Final Provisions
8.1. If the customer is a merchant within the meaning of the German Commercial Code [Handelsgesetzbuch], a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. Furthermore, AO is entitled to bring an action before the court which has jurisdiction at the registered office of the customer.
8.2. No replacements will be issued if tickets are lost.
8.3. Should individual provisions of these terms and conditions be or become invalid or unenforceable, the contract as a whole and the other provisions of these terms and conditions shall remain valid. The contractual parties shall replace the invalid/unenforceable provision from the start of the invalidity/unenforceability by an equivalent provision which is as close as possible economically having regard to the interests of both parties. The same shall apply to any gaps.
General Terms and Conditions of Business of Arena One GmbH for AO Lounge and Executive Lounge Seats in the Allianz Arena Munich
1. Scope of Application
The following General Terms and Conditions of Business, in the version applicable at the time of purchase, apply exclusively to the business relationship between Arena One GmbH (“AO“) and the purchaser of tickets for seats in the AO Lounge and Executive Lounge. Customers’ deviating or additional terms and conditions are rejected. They apply only if AO has declared its agreement expressly and in writing with
them or a part of them.
2. The Formation of Contracts
Ordering by the customer represents an offer to AO to conclude a contract. The contract is formed by written confirmation of the order by AO (e.g. letter, email, fax) and the despatch of the ordered Lounge tickets. Verbal supplementary agreements or subsequent changes/additions to a contract are only binding if AO has confirmed them in writing.
3. Shipment and Despatch Costs
3.1. Shipment is to the address provided, unless something different has been agreed. Personal collection is possible.
3.2. We charge a despatch costs fee for deliveries within Germany of €15.00. The despatch costs for deliveries outside Germany are charged individually according to country and are disclosed upon request.
3.3. The tickets are despatched at the cost and risk of the purchaser. The Lounge Seats tickets are dispatched after payment has been made in full.
4. Maturity and Payment
4.1. The prices given at the time of the written order plus applicable value added tax apply.
4.2. The payment is due with the signing of the contract.
4.3. Payments must be made exclusively in advance, by electronic transfer or automatic debit transfer.
5. The Validity of the Seat Tickets
AO Lounge and Executive Lounge Seats tickets are valid only for the game given when ordering. Each Seat ticket entitles entry for only one person.
6. Rescission
6.1. The purchaser has the right under Article 312 (d) of the German Civil Code [BGB] to rescind the order (withdrawal from the contract) in writing (e.g. letter, fax, email) within two weeks from the receipt of the Seat tickets without giving a reason. The rescission period is observed by the timely sending of the rescission notice.
The rescission notice is to be sent to:
Arena One GmbH, Vertrieb AO/Executive Lounge
Werner-Heisenberg-Allee 25
D-80939 Munich
Fax: 089 / 32 37 6-5646
Email:aolounge@arena-one.com or ExecutiveLounge@arena-one.com
6.2. In the case of an effective rescission, the services received by both parties are to be returned. In the case of rescission by the purchaser the remuneration will be refunded, non-cash, to the purchaser. To this end the bank details of the customer are required. The tickets are to be returned immediately to AO.
6.3. There is no right of rescission if the Seats tickets have already been redeemed.
7. Data Protection
The personal data required for the business transaction are saved and handled confidentially in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). AO undertakes not to pass on the purchaser’s personal data, including his, her or its address and email address, to a third party without his, her or its express and revocable agreement.
8. Supplementary Provisions
In addition, the stadium regulations and the terms and conditions of the use of vehicle parking places apply. The instructions of the safety personnel are to be followed.
9. Final Provisions
9.1. If the purchaser is a merchant within the meaning of the German Commercial Code [Handelsgesetzbuch], a legal entity under public law or a special fund under public law, or does not have a place of general jurisdiction in Germany, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. Furthermore, AO is entitled to bring an action before the court which has jurisdiction at the registered office of the purchaser.
9.2. The purchaser may only set off against AO’s claims or assert a right of retention with counterclaims that are undisputed or determined to be legally valid.
9.3. Should individual provisions of these terms and conditions be or become invalid or unenforceable, the contract as a whole and the other provisions of these terms and conditions shall remain valid.
9.4. The contractual parties undertake to replace the invalid/unenforceable provision from the start of the invalidity/unenforceability by an equivalent provision which is as close as possible economically having regard to the interests of both parties. The same shall apply to any gaps.
Arena One GmbH General Terms & Conditions of Purchase
1. Scope of Application
These Standard Terms and Conditions of Purchase shall apply exclusively to purchase contracts, contracts for work and contracts for work and materials (hereinafter “supplies”) concluded by Arena One GmbH (“AO“). Suppliers’ deviating or additional terms and conditions are rejected, unless AO has agreed to them expressly and in writing. This shall also apply if AO, despite being aware of the suppliers’ deviating terms and conditions, accepts the delivery without reservation.
2. Ordering/Order Confirmation
2.1. The content of the written order of AO applies alone. If the supplier does not accept an order within three working days from receipt, AO is no longer bound by it.
2.2. Orders agreed verbally (including by phone) or supplementary agreements must be confirmed in writing by AO to be valid. Orders placed via electronic data communication fulfil the written form requirement.
3. Shipment/Packaging
3.1. In addition to the shipping address, the order details (order no., order date, receiving centre, if necessary, the name of the recipient, and the material no.) are to be provided.
3.2. Costs incurred by the misrouting of shipments will be payable by the supplier if he, she or it is responsible for the misrouting of the shipment.
3.3. Packaging materials are to be taken back in accordance with the relevant packaging regulations.
4. Delivery Time/Delivery
4.1. The delivery dates given in the order are binding. The supplier shall inform AO in writing without undue delay should circumstances occur or should he, she or it anticipate circumstances as a result of which the agreed delivery date cannot be complied with.
4.2. Deliveries shall take place free to the place of receipt. Delivery confirmation must be made by an employee of AO who is authorised to do so. The transportation risk, including the unloading risk, shall be borne by the supplier.
4.3. If the place of receipt is on private land, not owned by AO, entry to and driving on the premises must be announced in due time. The instructions of AO’s specialist staff and/or the owner are to be followed.
5. Prices/Invoicing
5.1. The prices quoted in the order encompass all charges, duties, packaging, transportation and unloading costs as well as insurance to our place of receipt. They include all discounts and extra charges and are subject to the addition of statutory value-added tax.
5.2. After successful delivery/supply – separated according to orders – verifiable invoices, which are to be issued in duplicate, are to be sent to AO at the invoice address provided in the order and/or to AO’s administration; order numbers are to be given, all accounting documentation, such as, for example, item lists, are to be enclosed.
5.3. Each invoice shall separately identifies the statutory value added tax. Original invoices may not be enclosed with the delivery of the goods.
5.4. The supplier is responsible for any consequences arising from not adhering to the obligations cited in 5.2 and 5.2. 5.5. The payment due date is 30 days net after receiving the invoice. For payment within 14 days after receipt of the invoice, 3% discount shall be granted. 5.6. Late payment shall first arise after a reminder or after a calendar-defined payment deadline. 5.7. AO shall have the rights of offsetting and retention to the extent provided by law.
6. Stadium Regulations and Liability
6.1. AO is entitled to assert the statutory claims for defective goods without limitation. The supplier shall ensure that the subject matter of performance is in agreement with the relevant legal provisions. The properties of a sample or a test sample shall be regarded as the agreed quality.
6.2. A complaint about a defect under Article 377 of the German Commercial Code (HGB) shall have been promptly made if it is notified within a period of 2 working days after receipt of the goods (in respect of obvious defects) and from the discovery of the defect (in respect of hidden defects); in respect of food, within 2 days after receipt of the goods (in respect of obvious defects) and from the discovery of the defect (in respect of hidden defects).
7. Rescission
7.1. The parties may terminate the contract where there is good cause to do so. Such a cause is, in particular, if, as a consequence of decisions made by government authorities, the interests of one of the parties in rendering the contractual service no longer apply, bankruptcy proceedings or a settlement request have been instigated against the assets of either party, the prerequisites for such bankruptcy proceedings or a settlement request are present or the supplier negligently fails to honour his, her or its obligation to subsequent performance within a written, set adequate period.
8. Confidentiality and Data Protection
8.1. The supplier has to treat all confidential information that AO makes available to him, her or it in connection with the contract as absolutely confidential. Confidential information in the meaning of this provision is all information, documents, details or data designated as such or which are to be regarded as confidential by their nature. The confidentiality obligation does not apply to information of which the supplier was already aware at receipt thereof or the supplier can demonstrate that he, she or it learned of it from a different source (e.g. from third parties without any confidentiality reservation or through his, her or its own independent efforts).
8.2. The supplier undertakes to grant access to AO’s confidential information only to such employees, subcontractors and suppliers that are entrusted with rendering the services in the context of this contract.
8.3. The obligations under Numbers 8.1 and 8.2 are not affected by the termination of the contract. All documents handed over by AO remain the property of AO. The same applies to copies of them, even if they have been made by the supplier. They may not be made available to third parties and after the execution of the contract and at the request of AO or at the latest however after expiry of the period of limitation for claims arising from defects they are to be returned to AO in full or, at its discretion, destroyed completely. Specialists and subcontractors employed by the supplier are not regarded as third parties if they have given the same undertaking to the supplier on the confidential handling of data. The supplier will be liable for all damages which AO may incur as a result of a breach of this obligation.
9. Publication/Advertising
Any assessment or announcement of the business relationship existing with AO in publications or for advertising purposes is permissible only with the prior, written agreement of AO.
10. Miscellaneous
The supplier guarantees that, in respect of rental agreements, the rented work equipment fulfil the requirements relating to the construction of equipment according to Article 7 of the Operational Safety Ordinance (Betriebssicherheitsverordnung) and that the legally required periodic tests have been carried out.
11. Final Provisions
11.1. If the customer is a merchant within the meaning of the German Commercial Code [Handelsgesetzbuch], a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. Furthermore, AO is entitled to bring an action before the court which has jurisdiction at the registered office of the customer.
11.2. The language of the contract is German. German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG).
11.3. Assignments and other transfers of the supplier’s rights and obligations outside the application area of Article 354 (a) of the German Commercial Code are excluded.
11.4. Emails do not satisfy the written form in the meaning of these general terms and conditions of business and/or individual contracts concluded on the basis of it, apart from the exception cited in Number 2.2.
11.5. Should individual provisions of these terms and conditions be or become invalid or unenforceable, the contract as a whole and the other provisions of these terms and conditions shall remain valid. The contractual parties shall replace the invalid/unenforceable provision from the start of the invalidity/unenforceability by an equivalent provision which is as close as possible economically having regard to the interests of both parties. The same shall apply to any gaps. ]
General Terms & Conditions for IT Commissions
1 Information and Data Protection
(1)
The contractor is aware of the fact that all information which it receives during his, her or its work for Arena One GmbH and which is to be kept confidential, in particular statutory provisions, instructions or which is, because of the nature of the matter, subject to commercial confidentiality and that all information that he, she or it receives about Arena One GmbH and its employees and customers is subject to commercial confidentiality. The contractor therefore undertakes to safeguard commercial confidentiality and to maintain the strictest secrecy about such information. Personal data is subject to data confidentiality. The obligation to safeguard commercial and data confidentiality continues to be effective after the termination of the contractual relationship. The contractor shall ensure that his, her or its employees occupied with the fulfilment of the contract are instructed on and bound by the safeguarding of commercial and data confidentiality. Furthermore, the contractor undertakes to provide access to all data associated with this agreement only to employees bound to data confidentiality under Article 5 of the Federal Data Protection Act (BDSG) and only to the extent necessary to render the services under this contract.
(2) The contractor will handle personal data only in the context of the order and the instructions of Arena One GmbH in accordance with Article 11 of the Federal Data Protection Act. The regulations on data processing jobs shall further apply mutatis mutandis, if inspection or servicing of automated procedures or of data processing systems is carried out by the contractor and access to personal data cannot be excluded in this respect (Article 11 (5) of the Federal Data Protection Act). Arena One GmbH as the controller of such data shall be responsible for assessing the permissibility of data processing and for safeguarding the rights of the persons concerned in accordance with the data protection laws (entitlement to information, rectification, deletion, etc.).
(3) Access to employee and customer data will be necessary only insofar as and granted to the extent required for the proper execution of the work. The contractor undertakes to oblige all third parties, who are employed in the context of fulfilling this contract, prior to the commencement of this work, to comply with the duty of confidentiality in respect of this data and to monitor this compliance.
(4) The contractor guarantees sufficient data protection in the area of data processing in accordance with the order, so as to ensure the confidentiality, availability and accuracy of the data and must also ensure compliance with the necessary technical and organisational security measures for data protection in accordance with Article 9 of the Federal Data Protection Act.
(5) After the termination of the contractual relationship, the entrusted personal data may only continue to be saved or safeguarded in another form by the contractor insofar as statutory or contractual periods for safekeeping require further safekeeping. Otherwise documents with personal data shall either be handed over to Arena One GmbH or – after consulting Arena One GmbH – destroyed by the contractor in compliance with the data protection law. Proof of destruction in compliance with the data protection law must be provided to Arena One GmbH on demand Version 1.0 of 30.03.2008 080909 AGB IT Werk- und Dienstleistungen.doc – HAM 2/4 GENERAL TERMS AND CONDITIONS OF BUSINESS in respect of commissioning work and services in the IT area
(6) All rights to organisational documents, systems, programmes and data carriers, provided by the contractor, will remain with the latter. The transferring of rights to third parties requires a separate agreement. Arena One GmbH may exploit the results of the work without restriction (see also Numbers 20 and 29 Rights of Use). (7) Arena One GmbH is entitled at any time to check that the data is being handled in accordance with instructions and that the technical and organisational data protection measures undertaken are being complied with. The contractor is obliged to provide the information required for the supervision of orders and to safeguard the necessary rights of inspection and access. The generally required technical and organisational data protection measures are: − Only such persons who have been obliged to comply with data and commercial confidentiality through the accompanying statement of commitment may be deployed to fulfil the order. In addition, insofar as the deployed personnel are entrusted with the maintenance of telecommunications equipment, a commitment to telecommunications confidentiality is to be effected. − Access to the data of Arena One GmbH may only be granted insofar as necessary to fulfil the order. Rights of access are to be applied via User Administration. − Test and trial runs may only be carried out on test data. Test data must always be made anonymous. − Incidental test and discarded materials as well as copies of personal data are to be surrendered to Arena One GmbH or, on its instructions, destroyed in compliance with the data protection law. − Arena One GmbH is entitled to define additional technical and organisational data protection measures in an individual case.
2 Documentation/Suitability of Documents and Materials
(1) The contractor has to prepare and submit comprehensive, written documentation on the results of his, her its work, if this is required in the order or the work leads to a serious deviation in the processes as described in the issued manual of instructions and/or operating regulations.
(2) The agent shall surrender all documents and other materials, which he, she or it has compiled in the rendering of the services, to Arena One GmbH. This also applies in the case of premature termination of the service agreement via ordinary or extraordinary termination.
3 Liability
(1) The contractor is liable for personal injuries and damage to property caused by his, her or its slight negligence. Version 1.0 of 30.03.2008 080909 AGB IT Werk- und Dienstleistungen.doc – HAM 3/4 GENERAL TERMS AND CONDITIONS OF BUSINESS in respect of commissioning work and services in the IT area
(2) For other damage, especially indirect damages, the contractor is liable in this case up to the amount of the total remuneration to be paid for the respective order.
(3) In respect of the loss of or damage to data, the liability for damages encompasses the expenditure required to restore the data from the databases to be safeguarded by Arena One GmbH and the possible essential rectification work
(4) The abovementioned liability limitations do not apply provided that the damage has not occurred due to gross negligence or intent or the contractor is mandatorily liable by law (e.g. under the Product Liability Act [Produkthaftungsgesetz]).
4 Acts Requiring Prior Consent
(1) The contractor is entitled to assign accounts receivables under the contract only with the prior agreement of Arena One GmbH.
(2) The involvement of subcontractors is only permissible after the prior, written agreement of Arena One GmbH. Arena One GmbH will only refuse this agreement for an important reason. It is entitled to demand the submission of the contractual provisions with the subcontracting enterprise.
(3) Giving Arena One GmbH as a reference customer is only permissible in the context of selfpromotional purposes and only with the express, written agreement of Arena One GmbH.
5 Applicable Laws, Place of Jurisdiction
(1) German law is agreed for the contract.
(2) Should the contractor be a trader, Munich is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contractual relationship. Version 1.0 of 30.03.2008 080909 AGB IT Werk- und Dienstleistungen.doc – HAM 4/4 GENERAL TERMS AND CONDITIONS OF BUSINESS in respect of commissioning work and services in the IT area
6 Supplementary Agreements, Amendments to the Contract
(1) There are no supplementary agreements. Amendments and supplements to the contractual agreements involved must be made in writing.
7 Severability Clause
(1) Should one of the provisions of these contract conditions be or become wholly or partially legally ineffective or prove to be unenforceable, the effectiveness of the other content of the contract is not affected by this. The parties shall replace the ineffective or unenforceable provision with an agreement that corresponds as closely as possible to the economic intent and content of the provision that is to be replaced.
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