General Terms and Conditions of Business and Payment
PROVIDER
The Berlin-Hohenschönhausen Memorial Foundation is a foundation with legal capacity under public law, and is sponsored by the State of Berlin. It is legally represented by the Director of the Memorial, Dr Helge Heidemeyer.
Berlin-Hohenschönhausen Memorial Foundation
Genslerstrasse 66
13055 Berlin, Federal Republic of Germany
Telephone +49 30 98 60 82 30
Fax +49 30 98 60 82 464
Email: info@stiftung-hsh.de
Tax ID: 29/667/03414
1. SCOPE
These General Terms and Conditions of Business and Payment apply to all deliveries and services provided by the Berlin-Hohenschönhausen Memorial Foundation [Stiftung Gedenkstätte Berlin-Hohenschönhausen (GD HSH)], represented by the Director, Genslerstr. 66, 13055 Berlin, which are ordered and purchased online via the GD HSH website and ticket shop, on site at the ticket office or by telephone. Deviating terms and conditions are not recognised if the GD HSH has not agreed to them in writing before the contract conclusion. By purchasing products and services from the GD HSH, the customer recognises the version of the GTCs that is valid at the time of purchase.
Upon entering the premises of the GD HSH, the visitor rules pertaining to the GD HSH apply.
2. CONTRACT CONCLUSION
The contractual relationship for purchasing admission tickets, event tickets, guided tours or other presentation formats is concluded exclusively between the GD HSH and its customers. The customer authorises the GD HSH to process the contracts. Products are only sold to end customers and authorised resellers. By confirming the order on the GD HSH website or by placing an order over the phone or in writing with the visitor service, the customer submits an offer to the GD HSH to conclude a contract for purchasing or using all the products and services in the shopping basket. The GD HSH accepts this offer by confirming it by email and the booking is therefore binding. No further receipts will be sent by post. Cancellation is only possible subject to the following conditions. The GD HSH uses external service providers to provide its online services. Bookings are made in the shop system managed by the technical service provider Giant Monkey GmbH. Payment processing is carried out by Payyo Trekksoft AG, Payone GmbH and PayPal (Europe) S.à r.l. et Cie on behalf of and for the account of the GD HSH.
3. PRICES AND PAYMENT
The GD HSH publishes the applicable prices for all educational and presentation formats offered to both individual and group visitors on its website as well as displaying these at the ticket offices. The prices offered are exempt from VAT in accordance with Section 4(20a) of the German Value Added Tax Act (UStG). Payment shall be made in advance by the customer using one of the available payment methods. It is also possible to pay for services booked via the visitor service on site at the ticket offices. In exceptional cases, subsequent payment may be made on account by prior arrangement. Payment by collective invoice is only possible by agreement.
Vouchers are valid for two years from the date of issue and may not be redeemed thereafter. Vouchers may not be redeemed for cash.
Tickets for discounted or free admission are only valid on presentation of proof of eligibility. This must be presented when the tickets are scanned and redeemed at the ticket office on site. If no entitlement to discounted or free admission exists, the difference between the reduced price and the normal price must be paid at the ticket office on the day of the visit. Tickets that have already been paid for cannot be subsequently discounted.
Price increases will be announced in good time on the website and at the ticket offices. The prices on the day of the binding booking apply.
4. DISPATCH
Booking confirmations, invoices, Print@home tickets and admission tickets are sent to the email address provided by the customer at the customer's own risk. Ordered products will be dispatched immediately once the purchase price has been received. The risk of accidental loss shall pass to the customer upon handover to the shipping company. No replacement shall be provided. The product remains the property of the GD HSH until full payment has been made.
5. GUIDED TOURS AND SERVICES FOR INDIVIDUAL VISITORS
For individual visitors and small groups of up to six people, the GD HSH offers regular, public tours at set times in a variety of languages and about a range of topics. You can find out which languages and tours are available on the website and in the ticket shop. There is a maximum limit of six tickets per purchase for all public tours on offer.
6. GUIDED TOURS AND SERVICES FOR GROUPS
For all group tours, seminars, project days and other presentation formats, there is a limit on the number of participants per booked date. Programmes for groups require advance booking, which must be completed 14 days prior to the event as a rule. With the booking confirmation, the customer receives a request to transfer the booking fee to the GD HSH by advance payment within 14 days. The customer will then receive an invoice electronically. If the customer does not pay within the specified payment period, the GD HSH is entitled to cancel the appointment booking.
The service is utilised by presenting the booking number at the ticket office. Group tours, project days and other group programmes are organised by an independent guide on behalf of the GD HSH. The GD HSH is responsible for appointing and commissioning an expert guide. In all other respects, the tour and registration modalities stated on the booking confirmation apply. The GD HSH reserves the right to make minor changes to the programme and to change the guide.
7. EVENTS
Event tickets entitle the holder to participate in the booked event. Event tickets sent electronically must either be printed out on A4 paper or presented in digital form on the mobile device as proof of registration prior to entry. The GD HSH reserves the right to make special admission arrangements for special events. It is authorised to block access to individual areas or to restrict access. No compensation shall be paid in the event of loss, theft or non-utilisation of online event tickets.
8. VISITOR RULES
The Director of the GD HSH enforces visitor rules for conduct in the grounds and buildings of the Berlin-Hohenschönhausen Memorial. In addition, the Director may delegate the enforcement of visitor rules to other authorised persons. Instructions given by these persons must be followed. Visitors may be refused entry if there is reasonable cause to believe that they will disrupt the operation of the Memorial site or cause a nuisance to other visitors. Admission may also be refused if visitors have violated these GTCs. Visitors may be expelled from the building if they disrupt the Memorial's operations or cause a nuisance to other persons. Any fees paid shall not be refunded in such cases.
House ban
If a general house ban is issued, this applies to visits to the exhibitions as well as to guided tours and any events organised on the GD HSH premises.
Smoking
Smoking is prohibited on the premises of the GD HSH (including e-cigarettes). The relevant instructions must be observed. Smoking is only permitted in the outdoor areas.
Food and drink
It is not permitted to bring food or open drinks of any kind into the GD HSH. Food consumption is only permitted in designated areas of the GD HSH, e.g. in the cafeteria or in special event rooms. Consumption of drinks in closed containers is permitted during guided tours.
Bringing animals with you
Animals may not be brought into the GD HSH exhibition rooms or buildings. The only exceptions are assistance dogs and guide dogs for the blind.
9. SAFETY
Compulsory lockers
Backpacks, umbrellas and larger bags must be stored in lockers to protect the objects on display in the exhibitions and the Memorial's historical areas. Luggage containers are available in the entrance area for school classes. This regulation also applies to all events in the GD HSH's closed rooms.
Checks
For security reasons, bags, containers and clothing such as coats, jackets and capes may be checked for their contents by security staff or other authorised persons. Any objects, substances or materials that could jeopardise the safety of guests or adversely affect their visit to the Memorial may not be taken into the buildings.
Access to the Memorial is prohibited with:
• Food of any kind,
• Open beverages of any kind,
• Animals of any kind (except for assistance dogs and guide dogs for the blind),
• Skateboards, roller skates, bicycles, inline skates,
• Large rucksacks, bags, suitcases, trolley cases, etc.,
• Weapons, weapon-like objects or dangerous substances (e.g. gas pressure containers, glass bottles, fireworks, etc.).
Visitors who do not agree to the seizure of objects that could jeopardise the exhibits, an event or other visitors shall not be admitted to the GD HSH premises. Visitors who are refused entry are not entitled to a refund of the tour fee.
Duty of supervision
Children and adolescents under the age of 16 are only allowed access to the Memorial if accompanied by a parent or guardian. The duty to supervise minors lies with the accompanying adults during the entire visit. In special cases, the duty of supervision may be transferred to employees of the GD HSH or persons authorised by it. The prerequisite for this is that the necessary information is provided in writing.
Evacuation
In the event of fire or other dangerous situations, visitors must leave the Hohenschönhausen Memorial immediately via the marked exits. Instructions given by the service staff or other persons authorised by the GD HSH to evacuate guests must be followed at all times.
10. RIGHT OF WITHDRAWAL
Pursuant to Section 312g(2)(9) of the German Civil Code, the provisions on the right of withdrawal for distance selling contracts do not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services.
11. CANCELLATION
Individual programmes paid for in the ticket shop (public tours and events) may not be cancelled and shall not be refunded. Visitors who are more than 15 minutes late for their booking or who disregard the visitor rules or any instructions from Memorial staff shall forfeit their right to a guided tour or a refund. No liability is accepted for the cancellation of guided tours due to force majeure or similar.
Free cancellation or rebooking of group tours and all other educational group programmes is possible if made in writing up to 14 calendar days in advance. The date on which the cancellation is received by the GD HSH is decisive for compliance with the deadline. Cancellation must be made in writing by email to the visitor service at besucherdienst@stiftung-hsh.de. The customer must provide proof of cancellation.
From 13 days or less, the GD HSH charges cancellation fees for every cancellation and rebooking made.
• The Memorial charges a cancellation fee of 49 euros for cancelled guided tours, up to a maximum of the tour fee.
• For the cancellation of five-hour educational formats (project days), the Memorial charges a fee of 147 euros, up to a maximum of the fee for the project day.
• For the cancellation of three-hour educational formats (guided tour and contemporary witness talk/seminars), the Memorial charges a fee of 98 euros, up to a maximum of the fee for the seminar.
If your registered group arrives more than 30 minutes late for the booking, or if the group disregards the visitor rules or any instructions from Memorial staff, you shall forfeit your right to a guided tour and to any refund. Please note that delays in educational programmes cannot be postponed. Our employees are authorised to adjust the content of the programme according to the amount of time remaining. No liability is accepted for cancellation of the event due to force majeure or similar.
12. CANCELLATION BY THE BERLIN-HOHENSCHÖNHAUSEN MEMORIAL FOUNDATION/DAMAGES
If the event is cancelled for conservational, organisational or technical reasons, the GD HSH is entitled to withdraw from the contract. In this case, any payments made shall be refunded. Further claims are excluded. The GD HSH reserves the right to cancel guided tours or other presentation programmes due to force majeure (e.g. illness of the guide). In this case, customers shall not incur any costs. The GD HSH shall not be liable for wasted expenses or other disadvantages incurred by customers as a result of the cancellation.
13. LIABILITY
Unless otherwise stated in these GTCs, the GD HSH shall be liable, in accordance with statutory provisions, if contractual or non-contractual obligations are breached. Consistent with fault-based liability, the GD HSH shall be liable for damages – irrespective of the legal basis – in the event of intent or gross negligence. In the event of simple negligence, the Foundation shall only be liable, subject to statutory liability restrictions (e.g. diligence usually employed in its own affairs; insignificant breach of duty)
• for damages resulting from injury to life, limb or health,
• for damage resulting from the breach of an essential contractual obligation (an obligation whose fulfilment allows the proper performance of the contract in the first place, and upon whose observance the customer regularly relies, and may rely); in this event, however, liability is limited to compensation for typically foreseeable damage.
14. FINAL PROVISIONS
The Berlin-Hohenschönhausen Memorial Foundation reserves the right to amend these Terms and Conditions at any time and without explanation. Any such amendments shall not apply to purchases that have already been cancelled. Should any individual regulations be, or become, null and void or ineffective, this shall not affect the validity of the contract or the remaining provisions. The law of the Federal Republic of Germany applies exclusively, under the exclusion of provisions on the conflict of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. The sole place of fulfilment for delivery and performance is Berlin, Federal Republic of Germany. The place of jurisdiction for disputes with merchants, legal entities under public law, special funds under public law, and persons domiciled or whose habitual residence is overseas, is Berlin.
Last updated: October 2024