Terms & Conditions & Information Page
With this info page we inform you about the individual steps up to the conclusion of a purchase contract, in order to present the order process to you as transparently as possible in accordance with the statutory provisions.
1. Your choice - your offer to us By filling the shopping cart with options to receive reservations of your choice you make a binding offer to conclude a purchase contract. You send this offer by clicking the "Buy now" button. You can now pay for the reservation directly in the shop system either via credit card or PayPal. Alternatively, payment in advance through bank transfer is possible. The invoice will be sent by email within 24 hours of receipt of the order.
2. Order confirmation - the sales contract is binding: A binding sales contract for the reservation you have selected is only concluded when you receive a confirmation email with an attached invoice in PDF format after we have been able to check availability. This happens within 24 hours after the order has been confirmed.
3. We are here to help: Our customer service team will be happy to help you:
tab ticketbroker Gmbh
Gustav-Meyer-Allee 25
13355 Berlin
Telefon: +49 (0) 30 89 75 36 43
Fax: +49 (0)30 / 89 75 36 45
E-Mail: keyaccount@tab-ticketbroker.de
CEO: Steffen Kolms
General terms and conditions of tab ticketbroker GmbH
I. Object of Service
(1) tab ticketbroker GmbH (hereinafter “we”, “us” or “tab ticketbroker”) sells table reservations for the Munich Oktoberfest. As we are an independent supplier, these are not provided to us by the beer hall operators themselves, but by suppliers who have received such reservations from the beer hall operators. A table reservation usually includes the reservation confirmation issued by the beer hall operator, the number of reserved tables and seats, the time and date are included, as well as other necessary documents, in particular meal vouchers and admission wristbands or stamps (hereinafter "reservation").
(2) On one hand, since the reservations are not made by the beer hall operators until a certain point in time before the event, and on the other hand because we have been active in the market for many years, we have a wealth of experience as to which contingents are offered to us by the holders of such reservations in the further course, In some cases, we already start selling the reservations before we have bought them ourselves.
(3) Until we hold the reservations, we therefore undertake to procure the ordered reservations for the event predetermined by time and place according to your selection, but wo do not necessarily have them in hand. This means that upon conclusion of the contract, you acquire the right to have tab ticketbroker procure the reservation you have selected for a specific event, even though we may not yet have the reservation for the event you have selected. The right you have acquired is thus binding on us, but can only be fulfilled by us if the reservations ordered are offered to us by the holders of such reservations. Below we also name the right you acquired through the conclusion of the contract (so-called "option" or "option right"). We will notify you as soon as we receive the reservation that is the subject of the option you have purchased. If the ordered reservations cannot be delivered, you are entitled to the rights under Sections VII and VIII of these General Terms and Conditions, in particular to a refund of the price paid and to compensation for damages under the conditions specified there.
(4) You can of course also purchase reservations directly from the tent operator.
II. Scope
(1) Our General Terms and Conditions (hereinafter “GTC”) apply to the purchase of reservations or options for obtaining reservations specified by time and place for attending the event you have selected for the Munich Oktoberfest.
(2) Any and all of our customers’ general terms and conditions are hereby explicitly rejected.
(3) Irrespective of the validity of our general terms and conditions, we would like to point out that the reservations/events at the Munich Oktoberfest may also be subject to the beer hall operator's own general terms and conditions. These differ according to the respective beer hall operator for whose event you are purchasing a reservation or option. It is therefore recommended that you familiarize yourself with the general terms and conditions of the respective beer hall operator for whose event you are making a reservation. This applies in particular in the event that the beer hall operator cancels a reservation due to the fault of the customer, e.g. due to late arrival, or does not grant the customer access to the tent and the reserved table due to a prohibition on resale contained in his general terms and conditions. In this context, we would like to point out that the effectiveness of the prohibition on resale in the general terms and conditions of the beer hall operator is legally disputed and these prohibitions on resale are sometimes the subject of court proceedings. In its judgment of October 8th, 2021 on Az. 3 HK O 5593/20, the Munich I Regional Court declared the resale of table reservations for the Oktoberfest tent “Ochsenbraterei” on the Internet to be illegal. The verdict was not made against tab ticketbroker (Oktoberfest-Tischreservionen.de) and is not yet legally binding. We are currently examining what conclusions can be drawn from this decision and, as a precautionary measure, point out that the resale of reservations by other beer hall operators may also be considered illegal. We will do our best to avoid any inconvenience caused to you as far as we can and will keep you informed.
III. Conclusion of Contract
(1) The reservations or options for the Munich Oktoberfest offered on our website are non-binding and merely represent an invitation to submit an offer to conclude a contract.
(2) You make a binding offer to conclude a contract by first filling the shopping cart with the reservation or option you have selected and then sending it to us by clicking on the "Order with obligation to pay" button.
(3) Before submitting your offer, you can view your shopping cart at any time by clicking the "Shopping Cart" button and, if necessary, remove products from the shopping cart again by clicking the delete symbol "X" or cancel the ordering process.
(4) After submitting your offer, you will immediately receive a confirmation email confirming receipt of your order. A binding contract for the reservation or option is only concluded when you receive a second confirmation e-mail confirming the conclusion of the contract by us. This usually happens within 24 hours after the confirmation of the receipt of the order. With the e-mail confirming the conclusion of the contract, you will receive the contract provisions with information on the reservations or options you have ordered, including these General Terms and Conditions, as well as the invoice and information on the type and method of payment. We do not store the contractual provisions. The contract is also concluded when this is confirmed by us by e-mail or telephone.
(%) Customers blocked by us are not entitled to place orders with us or through third parties. In this case, the booking will be canceled by tab ticketbroker GmbH.
(6) Customers with their place of residence and / or delivery address in France are not entitled to place orders with us or through third parties. In this case, the booking will be cancelled by tab ticketbroker GmbH.
IV. Payment
(1) Transfers must be made to one of the accounts specified by us within five (5) days of receipt of the invoice.
(2) However, you can also pay for the reservations or options you have selected directly via our website before sending your order by credit card or PayPal. For details on how to pay by PayPal, please visit the provider's website at www.paypal.de.
(3) We reserve the right to make different payment arrangements for orders for reservations or options that are made less than 14 days before the day of the event (so-called "last-minute reservations") immediately before the day of the event. We will give you details on this in the confirmation email.
V. Prices and Fees
(1) All prices refer exclusively to the purchase of an option or the purchase of the reservation itself plus shipping costs shown separately. The shipping costs and other fees are specified in our price information on our website. The price including sales tax and any shipping costs or other fees will also be displayed in the order form before you send the order.
(2) The services included in the reservation or option are included in the price.
(3) Additional costs for drinks, food and entertainment are not included.
(4) Please note that the prices stated on our website may deviate from the original price of the reservation (printed price).
(5) Customers cannot use more than one discount for each purchase.
VI. Delivery
(1) We will notify you as soon as we receive the reservation that is the subject of the option you have purchased. With the agreement of the option right, we assign to you all rights resulting from the future reservation to be granted in the event of purchase and you accept this assignment, which is conditional on the transmission of the reservation by us.
(2) Since the reservations are sometimes only sent out by the beer hall operators shortly before the day of the event, we can only forward them to you once received. We deliver the reservations at the delivery time stated in the offer on our website, at the latest two (2) days before the planned day of the event, but not before payment of the price.
(3) In case of last minute offers, we reserve the right to agree upon a deviating payment and delivery procedure with the customer, taking into account the individually remaining time until the event. tab ticketbroker nevertheless guarantees timely delivery of the reservation before the booked event also in case of last minute purchases.
(4) The reservations can only be used in connection with the documents provided. Please note that the reservation confirmation listing the name of the natural or legal person who reserved the table / seats directly with the beer hall operator cannot be changed.
(5) If it is foreseeable in the short term that no reservations will be available for the event you have selected in the category you have selected, we will send you equivalent or better reservations instead of the reservations covered by the original option, provided that the booked time and Number of people match and such reservations are available. You can accept or reject our corresponding offer at your own discretion.
(6) If we are unable to offer the originally selected or equivalent or better reservations, we must inform you of this immediately, i.e. without culpable delay after becoming aware of the non-deliverability.
VII. Termination
(1) You may terminate the contract if we do not succeed in delivering either the reservation being the subject of the option acquired by you nor an equivalent nor better reservation until two days preceding the booked event.
(2) The withdrawal is to be made without further delay after knowledge of the reasons justifying the withdrawal by notification by telephone (+49 (0) 30 89 75 36 43) or by email (keyaccount@tab-ticketbroker.de) to us and to the address tab -ticketbroker GmbH, Gustav-Meyer-Allee 25, Building 12/1, 13355 Berlin. If the prerequisites for this have been met, please exercise your right of withdrawal as soon as possible in order to save you and us inconvenience.
(3) In addition, the statutory provisions on withdrawal, §§ 346 ff. BGB apply.
(4) For our part, we are entitled to withdraw from the contract if you do not meet your payment obligation in accordance with Section IV (1) despite a reasonable grace period ("default") being set by us.
VIII. Liability
(1) If tab ticketbroker cannot deliver the reservations, which may have been booked via an option right, up to two (2) days before the start of the event, you are entitled to claim damages in addition to the price to be refunded by us. Insofar as we or our vicarious agents are only guilty of simple negligent action, we are liable - unless otherwise regulated in paragraph (2) - but only up to a quarter of the respective price.
(2) The above limitation of liability does not apply in cases of injury to life, limb or health. Furthermore, the limitation of liability does not apply when it comes to the violation of such obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which you can regularly rely. This includes, in particular, compliance with delivery deadlines and the obligation to deliver goods free of defects.
(3) In any and all other cases, tab ticketbroker is liable according to the applicable law rules.
Right of Withdrawal
Contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision, are not subject to the statutory right of withdrawal (Section 312g (2) sentence 1 no. 9 BGB). This means that if tab ticketbroker GmbH offers services in the field of leisure activities, in particular tickets for events, there is no right of withdrawal. Every order of admission tickets is binding immediately after confirmation by tab ticketbroker GmbH and is obliged to accept and pay for the tickets ordered.
X. Applicable law, place of jurisdiction
(1) Contracts with tab ticketbroker are subject to German law. If you placed the order as a consumer and have your usual place of residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) The place of jurisdiction for contracts concluded with tab ticketbroker is their registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
(3) The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
(4) Other information: If the Munich Oktoberfest is canceled due to the COVID-19 pandemic (corona virus), either all payments already made for the Munich Oktoberfest will be credited to the following year, or payments already made per reservation or per Option refunded to customer.
