General Terms and Conditions of Münchner Mineralientage Fachmesse GmbH for the Purchase of Entrance Tickets and Catalogues via the Internet
I. Scope of application
The following General Terms and Conditions apply to all contracts regarding the sale of entrance tickets and catalogues via the Internet concluded between Münchner Mineralientage Fachmesse GmbH (hereinafter referred to as "MUNICH SHOW") and the purchaser of entrance tickets (hereinafter referred to as "the customer"). Counter-confirmations by the customer referring to his own general terms and conditions of business or purchase are hereby declared invalid. Divergences from the General Terms and Conditions of „MUNICH SHOW“ are effective only if such divergences have been confirmed by „MUNICH SHOW“ in writing.
II. Conclusion of contract
On sending his order, the customer is deemed to have made a binding offer. The contract is considered to have been concluded when „MUNICH SHOW“ has posted the amount concerned in its accounts system or has debited it directly from the customer’s account. The customer agrees to forgo any receipt of acceptance.
III. Fulfilment of contract on the part of the customer
The prices of entrance tickets can be seen on the relevant website. The prices applying are as indicated on the website concerned at the time of ordering and are due for payment immediately upon conclusion of contract. The customer pays the amount indicated in his order by means of credit card or advance payment. „MUNICH SHOW“ accepts those credit cards listed on the website. Payment requirements are not considered to have been fulfilled until such time as the amount concerned has been credited to „MUNICH SHOW“'s account.
IV. Fulfilment of contract on the part of „MUNICH SHOW“
The customer receives an entrance ticket as pdf-download or by e-mail from „MUNICH SHOW“. With the printout of this ticket he has direct access to the show. If the customer orders a catalogue, it will either be sent by mail or made ready to be collected at the fair. In this case, the customer receives a pdf-voucher by eMail or as download after the payment which he can printout and get his personal catalogue copy at the service counter in the entrance east at the “Munich Show”.
V. Right of cancellation
If the customer is a consumer as defined under Article 13 BGB (German Civil Code), he may revoke his contractual declaration in written form (e.g. via letter, fax, e-mail) within a period of 2 weeks without having to state his reasons for doing so. The period concerned commences once notification of this has been received in written form. Furthermore, the given period may not commence prior to „MUNICH SHOW“ fulfilling its information obligations in accordance with Article 312 c Section 2 BGB (German Civil Code) in conjunction with Article 1 Sections 1, 2 and 4 BGB-InfoV (German Civil Code Information Directive) and its obligations in accordance with Article 312 e Section 1 Sub-section 1 BGB (German Civil Code) in conjunction with Article 3 BGB-InfoV (German Civil Code Information Directive). The punctual despatch of the cancellation suffices in order to comply with the deadline concerned. The cancellation is to be sent to the following address
Münchner Mineralientage Fachmesse GmbH
Postfach 1361, 82034 Oberhaching
besucherservice@munichshow.com
In the event that the cancellation is effective, services received by either party are to be refunded together with any benefits deriving from them (e.g. interest). Obligations in respect of the refund of payments must be fulfilled within a period of 30 days. The period concerned commences for the customer upon despatch of his notification of cancellation and for „MUNICH SHOW“ upon receipt of same. Cancellation of entrance tickets within the set period is only possible until the time at which the entrance ticket concerned loses its validity. In cases where the right of cancellation is exercised by the customer, the entrance tickets are invalidated so that they cannot be used for admission to the “Munich Show”.
VI. Liability
„MUNICH SHOW“ is liable for damages caused with intent or by gross negligence. In cases of damage due to minor negligence, „MUNICH SHOW“ is liable only insofar as it commits a serious breach of contract with particular regard to services to be rendered by way of its main contractual obligations. In such cases, „MUNICH SHOW“ is liable for such damage as is typical and foreseeable, but not for consequential damage, and the given damage is limited to the sum of ten times the value of the order concerned.
VII. Place of performance and legal venue
The legal venue for all disputes arising from this contract is Munich if the contracting parties are merchants, legal entities under public law or special assets under public law, or if at least one of the contracting parties does not have a general legal venue in the Federal Republic of Germany, or if after conclusion of contract the party moves its domicile or habitual abode outside the Federal Republic of Germany, or if its domicile or personal abode is unknown at the time at which legal action is initiated. Alternatively, „MUNICH SHOW“ is also entitled to take legal action at the general legal venue of the customer. The place of performance for all obligations arising from this contract is Munich.
VIII. Applicable law
The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Convention on the International Sale of Goods.
IX. Concluding clause
Should one or more provisions of this contract be or become invalid wholly or partly, the contract otherwise remains effective. Invalid provisions are to be replaced by new provisions corresponding as closely as possible to the commercial purpose intended by the parties to the contra