ENGEL & VÖLKERS Polo Cup 2014 General Terms and Conditions (GTC)

 

Engel & Völkers AG (hereinafter ‚E&V‘) is the parent company of the Engel & Völkers group of companies and is organising the Engel & Völkers Polo Cup (hereinafter ‚Polo Cup‘) which will be held in Son Coll, Mallorca from 31 July 2014 to 1 August 2014. E&V entry tickets for the Polo Cup (hereinafter ‚Tickets‘) will be available at www.engelvoelkers.com/polocup/ or www.engelvoelkers.com/polocup/ticketing (both websites hereinafter jointly referred to as ‚Polo Cup Landing Page‘).

 

The pre-requisite for using the services described in detail below is that the Customer agrees to the following General Terms and Conditions.

 

General terms and conditions for Polo Cup ticket sales

1. General

1.1. All offers based on orders by the Customer via the E&V Polo Cup Landing Page shall be subject to these General Terms and Conditions.

 

1.2. The product offered on the Polo Cup Landing Page is aimed exclusively at entrepreneurs over the age of 18. For the purposes of these General Terms and Conditions, an ‚entrepreneur‘ is an individual or legal entity or a business partnership having legal capacity, which, when entering into an agreement, acts in the exercise of its trade, business or profession (Section 14 (1) BGB [Bürgerliches Gesetzbuch; German Civil Code].

 

1.3. The Customer’s terms and conditions shall not apply, even if E&V has not objected to their validity separately in individual cases.

 

1.4. Agreements shall be reached with the Customer exclusively in German or English depending on whether the Customer places an order via the German or English Polo Cup Landing Page. If the Customer places an order via the German website, only the German version of these General Terms and Conditions shall be relevant. If an order is placed via the English website, only the English version of these General Terms and Conditions shall be relevant.

 

2. Conclusion of agreements

2.1. Polo Cup Landing Page offers shall not be binding.

 

2.2. When placing an order on the Polo Cup Landing Page by clicking ‚Buy now‘, the Customer makes a binding offer to purchase a ticket for the Polo Cup 2014. E&V may accept the offer up to the end of the third working day following the respective offer date.

 

2.3. E&V shall be entitled to cancel a Customer’s order in respect of which order confirmation has already been sent (unilateral right of cancellation), if the Customer breaches specific terms and conditions imposed by E&V. E&V also reserves the right to unilaterally reject orders.

 

2.4. Sections 346 et seq. BGB, with the exception of Section 350 BGB, shall apply to the above-mentioned right of cancellation.

 

2.5. E&V shall send the Customer confirmation that an offer has been received immediately upon receipt of the respective offer. Offers shall be deemed to be accepted by E&V as soon as E&V notifies the Customer (by e-mail) of its acceptance; at E&V’s discretion, also upon receipt of the above-mentioned confirmation.

Purchase agreements shall be concluded with the Customer upon acceptance by E&V.

 

2.6. E&V shall not save the wording of agreements automatically. The Customer is therefore required to save the wording that is valid at the time of concluding the agreement, is accessible on the Polo Club Landing Page and provided to it as a PDF file in the context of order confirmation, on its hard drive or to archive it in another manner.

 

3. Prices and payment

3.1. Prices include statutory VAT.

 

3.2. Unless expressly agreed otherwise, E&V shall only deliver against prepayment (in the manner specified on the order form on the Polo Cup Landing Page).

 

3.3. Payment may be made by credit card, instant transfer or PayPal.

 

3.4. The Customer shall not be entitled to offset or withhold amounts unless the respective counterclaim is undisputed or legally binding.

 

3.5. Interest on arrears shall be eight percentage points above the respective applicable basic interest rate.

 

4. Sending tickets

Tickets shall be sent by e-mail. The provision of a valid e-mail address during the order process is therefore essential. Tickets shall not be sent by post.

 

5. Data handling / Data protection

5.1. E&V may process and save purchase agreements insofar as this is required for the implementation and execution of the respective purchase agreement and as long as E&V is obliged to keep such data on account of statutory regulations.

 

5.2. E&V employees as well as third parties, who are actively involved in an order or have access to personal data, must be obliged in writing to maintain confidentiality and data secrecy in accordance with Section 5 BDSG [Bundesdatenschutzgesetz; German Data Protection Act].

 

5.3. E&V shall be permitted to engage the services of sub-contractors in order to meet its contractual obligations. E&V shall obligate its sub-contractors through appropriate agreements in accordance with Section 11 BDSG and shall check compliance with contractual obligations on a regular basis.

 

6. Liability

6.1. E&V shall have unlimited liability in all cases for guaranteed quality features within the meaning of Section 444 BGB, on account of injury to life, limb or health or in accordance with the German Product Liability Act.

 

6.2. In the event of a breach of fundamental contractual obligations, which is due only to basic negligence, E&V shall have limited liability for the compensation of foreseeable damages that are typical in contractual agreements.

 

6.3. Apart from in the cases referred to in paragraphs 6.1 und 6.2, E&V shall not be liable for damage caused as a result of basic negligence.

 

6.4. The right on the part of the Customer to cancel an agreement on account of a breach of obligations for which E&V is not responsible and does not constitute a defect in the E&V service, shall be excluded.

 

6.5. Insofar as liability on the part of E&V is excluded or limited in accordance with the preceding paragraphs, this shall also apply to liability on the part of its vicarious agents.

 

7. Reservation of right to make changes

E&V reserves the right to amend individual clauses in these General Terms and Conditions, and in particular, prices, at any time and without indicating the respective reasons, or to adapt them in accordance with changing circumstances. The amended clauses shall be notified to the Customer by e-mail. If the Customer does not object to the validity of these new clauses within 4 weeks of notification, said clauses shall be deemed to be accepted by the Customer and thus part of the contractual relationship. Notification to the Customer shall include a separate reference to the significance of the above-mentioned period. The Customer undertakes to send any objection to E&V within the above-mentioned period.

 

8. Final provisions

8.1. The Customer shall not be entitled to assign, in full or in part, rights and obligations arising from or in connection with these terms and conditions. E&V shall be entitled, however, to arrange for the rights and obligations cited in the above-mentioned provisions to be exercised or met by a third party.

 

8.2. Subject to mandatory international regulations, these terms and conditions shall be subject to the law of the Federal Republic of Germany with the exception of the United Nations Convention on Contracts for the International Sale of Goods.

 

8.3. The place of fulfilment shall be Hamburg. Hamburg shall be the sole place of jurisdiction insofar as each party is a trader or legal entity under private law.

 

8.4. The Customer’s general terms and conditions shall not apply.

 

8.5. These General Terms and Conditions shall also apply to all future legal transactions between the Parties, which are conducted via the Polo Cup Landing Page; the respective current version is available as a PDF file and can be downloaded free of charge by the Customer at any time.

 

8.6. Should individual clauses in these terms and conditions be ineffective or lose their effectiveness as a result of circumstances that occur subsequently, this shall not affect the validity of the remaining clauses. Invalid or ineffective clauses shall be reworded or replaced by such valid clauses that reflect the original economic purpose of invalid or ineffective clauses as closely as possible. The same shall apply to loopholes in these terms and conditions.

 
 

General Terms and Conditions of Attendance at the Polo Cup

1. General

1.1. Attending the Polo Cup shall be subject to these General Terms and Conditions.

 

1.2. Ticket holder terms and conditions shall not apply, even if E&V has not objected to their validity separately in individual cases.
 

2. Admission to the Polo Cup

2.1. Admission to the Polo Cup shall only be permitted with a valid ticket. If tickets are lost, the entitlement to admission shall cease to apply. Ticket holders shall be granted admission on presentation of their ticket or if their name appears on the guest list.

 

2.2. Only persons over the age of 18 shall be admitted. Children and young people under the age of 18 shall only be admitted if they are accompanied by a parent or legal guardian.

 

2.3. E&V shall be entitled to refuse ticket holders entry for good cause (against reimbursement of the face value of their ticket).

 

3. Polo Cup programme

3.1. E&V reserves the right to change the Polo Cup programme without prior notice.

 

3.2. E&V reserves the right to carry out security checks using stewards. Instructions given by stewards must be followed. In the event of failure to follow instructions given by stewards, E&V shall be entitled to request immediate removal from the event site.

 

3.3. Dangerous items must not be brought onto the event site.

 

3.4. Should the Polo Cup fail to take place for reasons for which E&V is responsible, ticket holders shall be reimbursed for the face value of their ticket. If the Polo Cup fails to take place on account of a force majeure, E&V shall not be obliged to refund tickets.

 

4. Liability

4.1. Travel to the Polo Cup event site as well as parking shall be at the individual‘s own risk. There shall be no entitlement to parking spaces directly outside or even on the event site. If a designated event parking space is available, the stewards‘ instructions must be followed.

 

4.2. E&V shall not be liable for damaged, lost, stolen or other missing items belonging to ticket holders.

 

4.3. E&V shall have unlimited liability in all cases for guaranteed quality features within the meaning of Section 444 BGB or on account of injury to life, limb or health.

 

4.4. In the event of a breach of fundamental contractual obligations, which is due only to basic negligence, E&V shall have limited liability for the reimbursement of foreseeable damages that are typical in contractual agreements.

 

4.5. Apart from in the cases referred to in paragraphs 4.3 und 4.4, E&V shall not be liable for damage caused as a result of basic negligence.

 

4.6. The right on the part of ticket holders to cancel an agreement on account of breach of obligations for which E&V is not responsible and does not constitute a defect in terms of the event, shall be excluded.

 

4.7. Insofar as liability on the part of E&V is excluded or limited in accordance with the preceding paragraphs, this shall also apply to liability on the part of its vicarious agents.

 

5. Reservation of right to make changes

E&V reserves the right to amend individual clauses in these General Terms and Conditions, and in particular, prices, at any time and without indicating the respective reasons, or to adapt them in accordance with changing circumstances. The amended clauses shall be notified to ticket holders by e-mail. If a ticket holder does not object to the validity of these new clauses within 4 weeks of notification, said clauses shall be deemed to be accepted by the ticket holder and thus part of the contractual relationship. Notification to ticket holders shall include a separate reference to the significance of the above-mentioned period. Ticket holders undertake to send any objection to E&V within the above-mentioned period.

 

6. Final provisions

6.1. Ticket holders shall not be entitled to assign, in full or in part, rights and obligations arising from or in connection with these terms and conditions. E&V shall be entitled, however, to arrange for the rights and obligations cited in the above-mentioned provisions to be exercised or met by a third party.

 

6.2. Subject to mandatory international regulations, these terms and conditions shall be subject to the law of the Federal Republic of Germany with the exception of the United Nations Convention on Contracts for the International Sale of Goods.

 

6.3. The place of fulfilment shall be Hamburg. Hamburg shall be the sole place of jurisdiction insofar as each party is a trader or legal entity under private law.

 

6.4. These General Terms and Conditions shall also apply to all future legal transactions between the Parties, which are conducted via the Polo Cup Landing Page; the respective current version is available as a PDF file and can be downloaded free of charge by the Customer at any time.

 

6.5. Should individual clauses in these terms and conditions be ineffective or lose their effectiveness as a result of circumstances that occur subsequently, this shall not affect the validity of the remaining clauses. Invalid or ineffective clauses shall be reworded or replaced by such valid clauses that reflect the original economic purpose of invalid or ineffective clauses as closely as possible. The same shall apply to loopholes in these terms and conditions.