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.

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.

1. Scope of application
These General Terms and Conditions apply for products and services by Arena One GmbH (“AO”) for events in the Olympiasee restaurant. We hereby object to opposing terms or additional terms of the customer’s. They only apply if AO has declared its agreement with the terms or parts thereof expressly in writing.

2. Realization of agreements and contents
2.1. An event is present if dishes or sequences of dishes have been ordered and determined in advance and if no selection is made in the restaurant, if other special products and services are employed or if a reservation comprises more than nine persons.
2.2. If an event comprises more than 100 persons, the restaurant is automatically booked exclusively for the event. Rental of the premises and a guaranty of sales are agreed individually for an exclusive booking.
In this case, the customer guarantees the agreed sales by ordering foods and beverages.These amounts represent minimum sales. Point 3, in particular, is not affected by the foregoing. AO is entitled to bill for the difference between actual lower sales and the agreed sales as additional rent for the premises.
The rent for the premises includes provision of the premises and the furniture which is present.
2.3. The agreement on events is concluded by the customer signing and returning AO’s event agreement. AO is bound by the offer which has not been signed until the deadline specified therein has expired. Changes by the customer require AO’s express approval. Oral side agreements or subsequent amendments/supplements to an agreement are only binding if AO confirms them in writing.
2.4. If the customer is an agent or organizer of a third party (“principal“), both assume joint and several liability for performance of the obligations arising from the agreement. With its signature under AO’s offer, the agent/organizer declares that it has been authorized to sign by its principal. Initially, the agent/organizer is AO’s contracting party and customer and, accordingly, the recipient of the bill.

3. Scope of performance and changes of performance
3.1. The scope of performance indicated by the customer and confirmed by signature in the offer by the customer serves as the basis for billing. Increases in the scope of performance and the beverage sales will be billed according to the actual amount on the basis of AO’s standard price list.
AO reserves the right to change the composition of the menu in case parts of the menu must be replaced by other equivalent foods or beverages for reasons that AO is not responsible for. AO will try to inform the customer in due time and will ensure that the substitute product comes as close as possible to a reasonable extent to the character of the product being substituted.
3.2. If the customer reports a reduction of the number of persons later than 48 hours before the date and time booked, AO is entitled to demand the total agreed counter-performance.
3.3. If the number of persons is increased subsequently, the customer is obligated to report this to AO in writing immediately. The increase is only effective if it is confirmed by AO. The remuneration and billing will then be based on the increased number of persons.
3.4. The standard opening hours form part of the scope of performance. These are from 11:00 to 21:00 (11:00 AM to 9:00 PM) daily.
3.5. A change in opening hours is generally possible and must be agreed with AO beforehand. If events extend beyond the normal opening hours, AO will charge a service charge per employee on the basis of the following amounts of the employees required in each case.

• Service manager: € 35
• Waiter/waitress: € 30
• Cook: €30

4. Withdrawal
4.1. The customer is entitled to withdraw from the agreement. The withdrawal must be declared in writing. If the customer declares withdrawal

• from an event with less than 20 persons sooner than 3 working days before the agreed date, there will be no charge;
• from an event with more than 20 persons sooner than 5 working days before the agreed date, there will be no charge;
• from an exclusive booking sooner than 30 calendar days before the agreed date, there will be no charge.

Withdrawals declared outside of these deadlines entitle AO to charge the customer the full price, unless AO’s damage is lower and the customer furnishes proof. If no counter-performance has been agreed yet, the cheapest menu per person which is valid at this time will be assumed as the minimum damage; in the event of an exclusive booking, at least 100 will be assumed as the number of persons insofar as there is no other information available from the customer.
4.2. Without prejudice to the foregoing provision, AO can bill the customer for goods, materials and personnel services which were procured specifically for the respective event and which AO cannot employ otherwise.
4.3. If the customer does not exercise its right to withdraw from the agreement, the agreement will stay in effect with the consequence that the customer must pay the full price, even if it does not make use of the deliveries and products and services which have been ordered. The price also includes a reasonable compensation for lost sales of foods and beverages.
4.4. AO is also entitled to withdraw from the agreement for an objectively justified reason, for example, if force majeure, labor disputes (lockouts and strikes), as a result of which a delay in performance does not merely occur, or circumstances for which AO is not responsible render perfor-
General Terms and Conditions of Arena One GmbH for the Restaurant Olympiasee mance of the agreement impossible or unreasonably difficult. The customer has no claim to compensation for damages in the event of a justified withdrawal.

5. Defects
Complaints by the customer due to defects or deviations in amount of the facilities made available by AO must be communicated to AO without delay. If the complaint is delayed, AO’s performance of the agreement shall be deemed approved. In the event of defects of the facilities made available by AO, AO will repair the affected objects or have a replacement delivered at its own discretion, with multiple attempts at repair being permitted. If the repairs are not carried out within a reasonable period of time or if the replacement delivery is defective, the customer can request a decrease in the remuneration and, if the event is impaired significantly, withdraw from the agreement. Statutory provisions apply otherwise.

6. The customer’s duties
6.1. The customer may only bring in foods and beverages and other products and services, which normally form part of the restaurant’s scope of products and services, after a separate written agreement has been signed. AO can make its consent dependent on a reasonable contribution by the customer to cover the overhead costs.
6.2. If the customer provides decorations in agreement with AO, the decoration materials it uses must meet the requirements of the fire and police authorities. AO is entitled to request official proof.
6.3. Before hanging objects up or putting them up, this must be agreed with AO in order to prevent damage.
6.4. If the customer wishes to use its own electrical systems and to use the power supply of the premises rented out by AO, it must obtain written permission from AO.
6.5. The event agreement comprises basic cleaning of the event premises and disposal of typical waste from the event. Disposal of waste which is atypical in terms of type or amount will be billed for separately by AO. The same applies for atypical soiling of the event premises.
6.6. In the event of musical performances, the customer must ensure compliance with the relevant copyrights (GEMA).

7. Remuneration and terms of payment
7.1. AO reserves the right to demand 50 % of the contractual sum as advance payment when the customer accepts its offer. If AO makes use of this right and if such advance payment has not been received 14 days after a corresponding request addressed to the customer, but no later than 14 days prior to the event, AO is entitled to withdraw from the agreement and to assert compensation for damages due to non-fulfillment. The date and name of the event must be indicated when the payment order is made.
7.2. A bill can only be made out to a recipient abroad after prior agreement with AO.
7.3. AO will make out the (final) bill after the event. The invoice must be signed on site by a person representing the customer who is entitled to sign. The invoice is payable immediately and due for payment with no deduction within 14 days after receipt of the invoice.

8. Liability
8.1. The customer is liable for all damages to objects which belong to AO or were brought in by AO and which were caused culpably by participants or visitors at the event, employees or other third parties associated with the customer or by the customer itself.

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 and Conditions of FC Bayern München AG (FCB) and DO & CO München GmbH (DO & CO) concerning the purchase of entrance tickets for the FC Bayern Erlebniswelt/Arena Tours via internet and via the Service Team

1 Scope of these terms and conditions
The following terms and conditions, provided here for reference with your confirmation email, apply exclusively to orders for FC Bayern Erlebniswelt or Arena Tours tickets (individual tickets and group bookings) placed via the internet (www.fcbayern.com/erlebniswelt, www.allianz-arena.com/erlebniswelt) and/or via the Service Team.

2 Conclusion and contents of contracts
2.1 FC Bayern Erlebniswelt
An overview of ticketing options and prices for the FC Bayern Erlebniswelt (individual tickets and group bookings) is available at www.fcbayern.com/erlebniswelt. The contractual partner for ticket orders for the Erlebniswelt, including those sold as ‘Combitickets’, is FC Bayern München AG (FCB). Orders are placed via telephone, by completing the online booking form, or by completing and sending off the application form. The ticket will be supplied either as a Print@Home document or will be deposited at the ticket desk in the foyer of the FC Bayern Erlebniswelt upon request. Entrance tickets cannot be returned or refunded. Lost or damaged tickets cannot be replaced.
2.2 Birthdays at the FC Bayern Erlebniswelt
The offers and prices for birthdays are listed at www.fcbayern.com/erlebniswelt and www.allianz-arena.com, and at the FCB KidsClub website (www.fcbayern.com/kidsclub) for FCB KidsClub children’s birthday parties in the Erlebniswelt. The contractual partner for birthday ticket orders for the Erlebniswelt is FC Bayern München AG (FCB). The following conditions apply to orders and shipping:
a) The customer may choose from the available offers and book the chosen service,
specifying the requested date and the number of participants (offer).
b) The applicable prices are those shown at the time of the booking, which are
inclusive of VAT.
c) The contract is concluded via confirmation of the booking by FCB and/or the Service Team on behalf of FCB (acceptance). Verbal ancillary agreements or alterations/additions to the contract are only binding if confirmed in writing by FCB and/or the Service Team on behalf of FCB.
2.3 Special provisions for FC Bayern Erlebniswelt group bookings and birthday parties at the FC Bayern Erlebniswelt
2.3.1 Group bookings/Changes to the number of persons
FCB is entitled to charge for the number of persons booked, even if the number of persons attending is lower than the booked number.
2.3.2 Birthday parties at the FCB Erlebniswelt/Changes to the number of persons
• FCB is permitted to charge for the number of persons booked, even if the number of persons attending is lower than the booked number.
• If the number of persons attending on the requested date is over 10% higher than the number of persons booked, FCB cannot guarantee that all persons attending can participate in the booked tour; this applies particularly when the additional number of participants leads to the formation of more tour groups than planned.

2.4 Arena Tours
2.4.1 Individual tickets/bookings
The tour offers and prices for individual tickets and bookings are listed at www.fcbayern.com/erlebniswelt and www.allianz-arena.com. Tickets for Arena Tours, including those sold as ‘Combitickets’, are sold and invoiced in the name of DO & CO München GmbH (DO & CO), Parkring 35, 85748 Garching. For order placement and delivery see clause 2.1.
2.4.2 Group bookings
The tour offers and prices for closed groups are listed at www.fcbayern.com/erlebniswelt and www.allianz-arena.com, and the FCB KidsClub website (www.fcbayern.com/kidsclub) for FCB KidsClub children’s birthday tours. Tickets for Arena Tours, including those sold as ‘Combitickets’, are sold and invoiced in the name of DO & CO München GmbH (DO & CO), Parkring 35, 85748 Garching. The following conditions apply to orders and shipping:
a) The customer may choose from the available offers and book a guided tour, specifying the chosen tour option, the requested date, and the number of participants (offer). Applications for group tours may only be placed using the application form for group tours (available online).
b) The applicable prices are those shown at the time of the booking, which are inclusive of VAT.
c) The contract is concluded via confirmation of the booking by DO & CO and/or the Service Team on behalf of DO & CO (acceptance). Verbal ancillary agreements or alterations/additions to the contract are only binding if confirmed in writing by DO & CO and/or the Service Team on behalf of DO & CO.
2.4.3 Special provisions for Arena Tour group bookings and ‘Combiticket’ group bookings according to clause 2.4.2:
a) Cancellation
The customer may cancel the contract up to 8 days before the agreed date. If the contract is cancelled
• more than 7 working days before the agreed date, the cancellation is free of
charge;
• less than 8 working days before the agreed date, DO & CO and/or FCB may charge a cancellation fee amounting to 100% of the contract amount, unless the customer can prove that the damage to DO & CO and/or FCB is less than this amount.
• The cancellation must be submitted to DO & CO and/or FCB and/or their respective Service Team in written form.

b) Changes to the number of persons
• DO & CO and/or FCB is/are permitted to charge for the number of persons booked, even if the number of persons attending is lower than the booked number.
• If the number of persons attending on the requested date is over 10% higher than the number of persons booked, DO & CO cannot guarantee that all persons attending can participate in the booked tour; this applies particularly when the additional number of participants leads to the formation of more tour groups than planned.

3 Provisional bookings
3.1 FC Bayern Erlebniswelt
The DFL (Deutsche Fußball Liga GmbH) only determines the exact scheduling of Bundesliga matches a few weeks in advance. This means that some dates displayed on the online ticketing website are only provisional. Ticket orders for potential match days will accordingly be deemed provisional and confirmed conditionally. An email with a reservation number will be sent to your email address. Please note that this email is NOT a confirmation of your order.
Once the match day has been finalised by the DFL, and should your requested date be available, a confirmation email will be sent to the supplied email address to confirm that the order can be placed. Should the requested date coincide with a match day, we will notify you via email accordingly.
3.2 Arena Tours
Clause 3.1. also applies to individual bookings for Arena Tours.
3.2.1 Provisional orders for group bookings will also be confirmed conditionally. Once the match day has been finalised by the DFL, and should your requested date be available, a binding confirmation email will be sent to the supplied email address. Should the requested date coincide with a match day, your booking cannot be accepted and we will notify you via email accordingly.
3.2.2 Furthermore, DO & CO reserves the right to cancel conditionally confirmed orders if the tour cannot take place on the requested date due to football matches, other major events, or other circumstances which make it impossible for DO & CO to operate the tour. If desired by the customer, DO & CO’s priority will be to offer the customer an alternative date for the cancelled tour as soon as possible.

4 Force majeure, industrial disputes
In case of force majeure or industrial disputes (lockouts and strikes) which result in more than only a delay in delivery or performance of service, FCB and/or DO & CO may withdraw from the contract.

5 Prices and payment conditions
5.1 The prices listed on our websites www.fcb-erlebniswelt.de, www.allianz- arena.de and www.fcbayern.de/kidsclub (please click on the corresponding category) only become binding once FCB and/or AO and/or the Service Team on behalf of FCB and/or AO has delivered the order at the quoted price, i.e. when the tickets have been sent as a Print@Home document or when the tickets have been deposited in the foyer of the FCB Erlebniswelt, and/or once FCB and/or AO or their respective Service Team have sent the booking confirmation.
Please note: The Print@Home document must be printed in DIN A4 format. Each ticket must be printed on a separate piece of paper.
5.2 Once the Print@Home document has arrived, it is the customer’s obligation to check whether the number, price and date on the tickets are correct. Claims for refund/replacement of incorrect Print@Home tickets must be submitted in writing, either via email or by post to the address listed in the contact details under clause 11, within three working days of the receipt of the Print@Home document by the customer. The postmark or email transmission protocol determines whether the claim was submitted before the claim deadline. Tickets cannot be refunded or reordered after the deadline has expired.
5.3 Orders must be paid in advance via Visa, Mastercard, American Express or via direct debit (limited to German bank accounts). If the order cannot be placed due to an invalid debit payment or due to insufficient credit balance, FCB and/or DO & CO is/are permitted to cancel the order without replacement, or to electronically block the tickets. In such cases, any assertion of claims for damages is explicitly excluded.
5.4 Discounts
Members of FC Bayern München eV will receive a discount. Each member may purchase one member’s ticket at the discount price. This discount applies only to tickets for the Erlebniswelt and/or the Combiticket (Erlebniswelt and Arena Tour), but not to Arena Tours tickets.
Other discounts and the amount of the discounts are published on the websites listed under clause 2. Entry with a ticket purchased at a discount price will only be granted upon presentation of proof of validity of the discount at the appropriate ticket desk in the foyer of the FC Bayern Erlebniswelt.
5.5 Special provisions for Arena Tour group bookings according to clause 2.4.2: The stated price must be paid at least 7 working days prior to the agreed tour date via Visa, Mastercard, American Express or via direct debit (limited to SEPA bank accounts). In exceptional cases DO & CO permits payment at the cash desk in the foyer of the FC Bayern Erlebniswelt prior to the start of the tour. These on-site payments can be made in cash, via EC (bank) card or credit card. Valid ID is required for card payments.

6 Validity
6.1 Tickets for one-time visits to the FC Bayern Erlebniswelt and/or one-time participation in an Arena Tour
Tickets are valid for entry to the FCB Erlebniswelt on the selected day at the stated admission time and/or to an Arena Tour at the confirmed starting time. Arena Tour participants should therefore arrive at the starting point of the chosen tour 15 minutes prior to the start of the tour. No-shows or late arrivals to the Arena Tour invalidate the ticket. Tour costs cannot be refunded.
If entry to the FCB Erlebniswelt or the operation of Arena Tours is not possible on the day of your visit due to retroactively scheduled match days at the Allianz Arena, or for other reasons beyond the control of FC Bayern and/or DO & CO, the ticket will remain valid for up to one year after the confirmed date (see date printed on the ticket).
6.2 FC Bayern Erlebniswelt season tickets
Season tickets for the FC Bayern Erlebniswelt are personalised and non-transferable. They are valid for unlimited visits to the FC Bayern Erlebniswelt within the validity period printed on the ticket. Season tickets cannot be returned or refunded. Lost season tickets will not be replaced.
If entry to the FCB Erlebniswelt is not possible on the day of your visit due to retroactively scheduled match days at the Allianz Arena, or for other reasons beyond the control of FCB, the validity of the ticket will not be extended.

7 Information regarding Arena Tours
Arena Tours start at the ‘Paulaner Biergarten/Hacker-Pschorr FanTreff’, located in the area adjoining the FCB Erlebniswelt foyer. The starting time printed on the ticket is binding.
Tickets must be collected 30 minutes before the start of the tour in the foyer of the FC Bayern Erlebniswelt, if the tickets were not supplied as Print@home tickets. If the tickets are collected at a later point, DO & CO will endeavour to begin the tour as soon as possible (particularly if the customer informs DO & CO of the delay in good time). DO & CO reserves the right to charge the full price of the tickets in all cases.

8 Data protection
FCB and DO & CO strictly adhere to applicable data protection laws. FCB and DO & CO will only use the data within the scope of legal provisions, such as contractual transactions or to inform the customer of products or services that are similar to previously ordered products or services. In justified cases addresses and solvency data will be shared with credit rating agencies in order to perform a credit check. You may revoke your consent at any time to any use and transfer of your personal data by us for commercial purposes or for the purposes of market or opinion research. Reminders of the customer’s right of revocation will be attached to all promotional materials.

9 Stadium regulations and liability
9.1 The stadium regulations of Allianz Arena München Stadion GmbH are binding. Instructions given by security personnel and other staff members must be followed.
9.2 Cameras and other image, film, or audio recording devices intended for commercial use are not allowed to be brought into the stadium. This ban also applies to fireworks, bottles, cans, narcotics, pets, or other objects which could be used to disrupt normal operations.
9.3. Visitors who are clearly drunk or intoxicated may be banned from the stadium. Arena guides and FC Bayern Erlebniswelt staff are authorised to break off a tour without substitution or to eject visitors from the FC Bayern Erlebniswelt.
9.4 The customer must ensure that all participants of the chosen tour are physically able to take part in the tour. The participants should have no fear of heights and be able to walk long distances and up stairs or ramps. Participants must also be wearing suitable footwear (no high heels!). Please note that separate special tours (e.g. ‘Technik’) may have additional safety requirements and restrictions.
9.5 FCB and/or DO & CO shall only be liable for damages to the customer and/or participants in tours booked by the customer due to breach of obligation towards objects of legal protection, other than life, limb or health, if caused by gross negligence or wilful intent. FCB and/or DO & CO shall also be liable in cases of simple negligence if damages arise due to breach of essential contractual obligations.
9.6 The customer is liable for all contamination, structural damage and damages to fixtures, as well as other damages culpably caused by participants of the tour booked by the customer or by the customer itself.

10 Alternative dispute resolution according to the act of consumer dispute resolution
We would like to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration service.

11 Place of fulfilment, jurisdiction
If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a public law special trust, if it has no general place of jurisdiction in Germany or if its address or normal place of residence is unknown at the date that legal action is initiated, the sole place of jurisdiction for all disputes arising from and in connection with the contractual relationship and the place of fulfilment for payments, deliveries and services shall be the registered office of FCB in Munich and DO & CO in Garching.

12 Applicable law, subsidiary agreements
German federal law applies, to the exclusion of UN Convention on Contracts for the International Sale of Goods. No verbal subsidiary agreements have been made. Changes to the above terms and conditions must be submitted in written form. Transmission via telefax or email does not satisfy the written form requirement.
Ticket orders or additional questions concerning ticket sales can be submitted to FCB and DO & CO using the following contact information:
FC Bayern München AG, FC Bayern München Erlebniswelt, Werner-Heisenberg-Allee 25, D-80939 Munich, Tel. +49 89/699 31-222, Fax +49 89/2005-4088, Email tickets@fcb-erlebniswelt.de.
DO & CO München GmbH, Parkring 35, D-85748 Garching, Tel. +49 89/699 31-222, Fax +49 89/2005-4088, Email tickets@fcb-erlebniswelt.de.

13 Severability clause
Should any individual provisions of the above terms and conditions be or become invalid or unenforceable, this will not affect the validity of the contract as a whole nor the remaining provisions. Starting from the point at which the provision is declared invalid or unenforceable, the parties agree to replace the invalid or unenforceable provision by a provision that is as close as possible in economic purpose to the invalid or unenforceable provision, taking into consideration the interests of both parties. The same shall apply mutatis mutandis to any loopholes in this contract.

Version 3.0, dated 01/11/2016

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 despatched 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. We only accept cash in advance payments, or payments by credit cards. We accept VISA and Mastercard – unfortunately credit card payments are not possible with season tickets.

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
Werner-Heisenberg-Allee 25
D-80939 Munich/Germany
Fax: +49 89 323 76-5646
Email:viplounge@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 Tele-media 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. Re-Sale
It is strictly prohibited to purchase tickets for purposes of re-sale at profit. (in particular on ebay or other ticket agencies). The contracting partner is obliged to make sure that no resale will occur by his contracting partners / customers to higher than the agreed prices, by means of appropriate contractual agreements. AO is entitled to demand suitable proof from the customer and also from the matchday visitors. In case the contracting partner does not fulfil these liabilities in full or in part, a contractual penalty of € 10.000,00 will be charged.

9. Advertising
FC Bayern München AG has imposed an obligation on AO to refrain from advertising tickets in any way whatsoever. This obligation also applies to AO’s contracting partner. Accordingly public advertising for annual tickets purchased from AO is not permitted. The contracting party must ensure by contractual means that its contracting partners also comply with this prohibition on advertising. AO is entitled to demand appropriate proof of such from the customer. In the event that the contracting partner does not satisfy or does not materially satisfy these obligations, it promises to pay a sum of money for each breach amounting to 10,000 EUR (liquidated contractual damages). The contracting party must ensure by contractual means, that its contracting partners / clients also comply with the advertising ban.

10. Supplementary Provisions
In addition, the stadium rules and terms and conditions apply for of the use of vehicle parking places. The instructions of the security staff must be obeyed. The use of any technical devices for imaging, movie- or sound recordings for the purpose of commercial use is prohibited. Similarly, the transportation of dangerous goods, prohibited substances and animals is forbidden. Violations against our terms and conditions or the house rules can be punished with removal from the AO lounge / executive lounge, without refund of the ticket price. In this case, we reserve the right to inform authorities and the FC Bayern München AG.

11. Final Provisions
11.1. 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.
11.2. 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.
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.
11.4. 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.

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. ]

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.