General Terms and Conditions for events

GENERAL TERMS AND CONDITIONS FOR EVENTS

General Terms and Conditions of mydays Event GmbH, Rosenheimer Straße 145 e-f, 81671 Munich, Germany.

These General Terms and Conditions apply only to your contractual relationship with mydays Event GmbH (for service content, see section A.2.). If you would like to purchase vouchers directly from mydays GmbH from the portfolio shown on the website www.mydays.de, the General Terms and Conditions of mydays GmbH, https://www.mydays.de/agb apply.

Please note:

These General Terms and Conditions consist of two parts. Part B Special provisions for individual events, takes precedence over Part A, insofar as special provisions exist.

A: General provisions

B: Special provisions for participation in simulator experiences conducted in the Simulation Center, Berlin

A. General provisions

 1.Scope

1. These T&C shall apply to experiences that you have bought or won from us or via an experience provider or other intermediary and book with us. The booked service may be provided by a service provider of mydays Event GmbH.
2. Any terms and conditions of the customer that deviate from and/or go beyond these Terms and Conditions shall not become part of the contract. 

2. Performance specification

Our service shall in each case be based on the description of the experience and the associated services in the offer letter, on the website (possibly of the experience provider or other intermediary) and/or on the documents transmitted to the customer or on the information provided by any experience provider / intermediary. 

3. Conclusion of contract, payment

The organizer contract between you and us shall come into effect upon your written acceptance of the offer, and at the latest (e.g. in the case of mediation by an experience provider or as part of a competition), upon booking a date for an event. 

Payment shall be made as specified in the offer letter or in accordance with the provisions provided by a potential experience provider / other intermediary or shall not be required (in the case of services won in competitions).

4. Personal requirements of the participant

Irrespective of any related issues such as cancellation, rescheduling, etc., the following shall apply in order to avoid any injury to persons (i.e. of participants as well as third parties) or damage to property:

1. Participation in an experience may require that personal requirements are met (e.g. a certain minimum or maximum age, state of health, weight, driving license). The requirements are usually specified on the website where the experience is described at the time of booking and in the documentation provided to you. However, it may also be the case that such prerequisites are communicated only at a later stage – in such case by e-mail or in another suitable way, possibly only directly on site at the start of the experience. In any case, you will be notified of the requirements prior to the experience. It shall be your responsibility to ensure that you or any other person for whom you have booked an experience meet such requirements at the time and during the booked experience. If you are uncertain whether you meet the requirements or do not understand the requirements, please make sure to contact us.
2. We shall inform you in advance of at least those requirements that are absolutely necessary (see lit. a.). In addition, however, anyone may suffer from physical or psychological impairments or illnesses (e.g. walking disabilities, claustrophobia, fear of heights, allergies, etc.) that may affect your safety or the safety of other participants. We recommend that you notify us in advance of any such impairments or even if you only have some concerns. We will then check whether participation is possible.

If you are pregnant, you should let us know beforehand so we can check whether pregnancy could pose a risk.

1. This shall also apply if you have any concerns or impairments during the experience: Please notify us or our staff on site immediately.
2. Should you discover that participants in the experience may be suffering from an impairment or be in difficulties, please also let us or our staff on site know immediately.
3. Otherwise, clause 8.b shall apply.

5. Weather conditions

The description of the experience on the website, by e-mail or in any other way shall state by the start of the event/experience at the latest whether participation in an experience is dependent on certain weather conditions. In such case, it shall be your responsibility to inquire with us about the weather conditions on the day when you participate in the experience. Otherwise see clause 10.d. 

6. Punctual appearance at the notified time

The latest time for your arrival for the experience, as stated in the description of the experience on the website, in the offer letter and/or in any other way, must be adhered to under all circumstances. If you arrive late, it is generally no longer possible to participate in the experience for technical and/or organizational reasons and you will lose your right to participate if participation is no longer possible and reasonable for us, but we will not lose our claim to payment. 

7. Safety instructions

The instructions by the safety officer or by any other staff working for us on site must be followed under all circumstances. 

8. Exclusion from participation
   1. In the following cases, a participant behaves contrary to the contract and may be excluded from the event if
      • in spite of a warning, he/she permanently disrupts or intends to disrupt the experience, or behaves or intends to behave in a way that is significantly contrary to common decency, or does not follow instructions given by staff, with the effect that it is not possible to guarantee a smooth operation of the experience and further cooperation is no longer reasonable, orhe/she is under the influence of alcohol or other narcotics or antidepressants or psychotropic drugs that may affect his/her ability to react and his/her physical condition, which, however, is necessary for the safe conduct of the experience, or
      • he/she carries out advertising of any kind without our prior express written consent, or
      • he/she uses or intends to use the experience for purposes that are not in accordance with the contract and for purposes that are not in accordance with the event.

The staff managing the experience shall be authorized to exclude participants. However, in the event of exclusion, we shall retain our claim to the agreed payment plus any other necessary and proven third-party costs payable in connection with the exclusion. Further claims for damages and reimbursement of costs by us shall remain unaffected.

2. Lit. a. shall apply analogously in case of any physical or health problems of a participant which, in the opinion of our staff, might impair the proper participation of such or other participants.

9. Cancellation / rescheduling / withdrawal by the participant
   1. The experience may not be cancelled. The booking shall be binding, unless stipulated otherwise in Part B: Special provisions.
   2. Other than according to clause 5, there shall be no claim to rescheduling. Should an individual participant request rescheduling, we shall check this on a case-by-case basis. Please contact us in writing in such event.
   3. The participant may withdraw from the experience free of charge if we have not specified the prerequisites necessary for participation (see clause 4.a.) at all or not in due time, if the participant does not meet such prerequisites and did not know the prerequisites prior to the binding booking and if he/she reasonably would not have made a booking had he/she known the prerequisites. If the participant has already made payments, they shall be refunded. 

10. Provision of the service / delay / failure / partial performances
    1. If we are not responsible for a delay in the performance of an experience that has already begun, such as traffic disruptions, strikes, force majeure or other serious reasons, and if the delay is not foreseeable by us, the performance period shall be extended accordingly. If we are unable to perform even after a reasonable extension, both the participant and we shall be entitled to withdraw from the contract.
    2. If the start of the service (start of the experience) is postponed for reasons for which we are not responsible and if the postponement cannot be foreseen by us, we may, at our own discretion, offer the participant a new date or change the booking to another experience or terminate the contract. In the event of termination, the participant shall be reimbursed for any payments already made. In such cases, we shall not provide compensation for expenses or damage incurred by you in connection with the cancellation or renewed use of the service (experience) (e.g. transfer costs, accommodation, accompaniment, leave from work, etc.).
    3. This shall apply accordingly if the delay or non-performance occurs with one of our contracted service providers or assistants.
    4. If the experience does not take place because of unsuitable weather conditions (see clause 5.), you may reschedule or rebook the date upon consultation with us. In such cases, we shall not provide compensation for expenses or damage incurred by you in connection with the cancellation or renewed use of the service (experience) (e.g. transfer costs, accommodation, accompaniment, leave from work, etc.).
    5. We shall be entitled to partial performances, as long as this is reasonable for the participant. 

11. Warranty period for entrepreneurs

In dealings with entrepreneurs within the meaning of Sec. 14 BGB (German Civil Code), i.e. with natural persons or legal entities or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity, and if and to the extent that the law on contracts for work and services is applicable to the statutory warranty, the warranty period for defects in title or quality shall be one year from the acceptance of the event or the end of the experience which the entrepreneur witnesses without any objections, unless the defect was fraudulently concealed; if the defect was fraudulently concealed, the statutory limitation period shall apply. 

12. Commercial resale
    1. If the experiences are sold, this shall be done exclusively for private, non-commercial use and/or for the use for own purposes in the context of company celebrations, incentives, customer events etc. by the buyer/participant, whereby the buyer shall be placed in the position to participate in the respective experience him-/herself, possibly together with friends/acquaintances or co-workers or colleagues, or to gift the voucher to third parties to the extent usual and appropriate.
    2. The procurement of vouchers or entitlements to participate in experiences for the purpose of commercial or further distribution or other transmission shall be prohibited.

It shall be forbidden to procure vouchers or entitlements to participate in experiences for the purpose of not participating in the experience oneself and/or not using the vouchers or entitlements to participate within the scope of the permitted circumstances as per lit. a. and/or to obtain income, commissions or other advantages by offering or passing on the vouchers or entitlements to participate by procuring them that go beyond the usual and expedient “advantages” wanted in the context of company celebrations, incentives, customer events. 

13. Form of declarations

Legally relevant declarations (e.g. withdrawal, termination) and notifications which you are required to issue vis-à-vis us or a third party must be made in writing (e-mail, fax, etc.).

14. Liability
    1. We shall have unlimited liability for property damage and financial loss sustained by the participant if such damage was caused by us or by our vicarious agents as a result of gross negligence or willful intent.
    2. We shall be liable for property damage and financial loss sustained by the participant if such damage was caused by us or our vicarious agents as a result of slight negligence, but only in the event of a breach of a material contractual obligation, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the participant may regularly rely (so-called cardinal obligation). Our liability for slight negligence shall be limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
    3. However, we shall be fully liable, i.e. for any kind of negligence and intent, for damage to life, limb or health suffered by the participant that was caused us or by our vicarious agents. Our liability under the Product Liability Act shall also be unlimited. 

15. Choice of law, venue
    1. This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of its conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.
    2. Venue in case of dealings with merchants and legal entities under public law shall be the registered office of mydays Event GmbH (Munich). In such case, we shall also be entitled to take legal action at the customer’s seat.

B .Special provisions for participation in simulator experiences conducted in the Simulation Center, Berlin 

1. Participants must be at least 12 years of age. Minors must be accompanied by a parent or guardian. Participants taller than 195 cm or shorter than 175 cm and/or weighing more than 100 kg must contact us to clarify their potential participation in advance.

2. In addition, the user regulations announced on site shall apply.

3. In case of single experiences, 1 participant per simulator may participate; in case of partner experiences, 2 participants per flight simulator, 1 participant per race simulator.

4. The participant may withdraw from the experience at any time before the start of participation, with the consequences set out below. Withdrawal must be declared in writing. If the participant withdraws or fails to start with the experience, we will lose the right to payment for the experience; however, if we are not responsible for the withdrawal, we may charge a reasonable compensation (“flat-rate fee”) for the consequences of the withdrawal: 

12. The experience may be rebooked only against payment of a rebooking fee of € 29 per person. Rebooking shall be possible only until the 14th working day prior to the schedule date. However, we shall also endeavor to find another participant for the spot even after such date. Should this succeed, rebooking shall be possible.
13. If the customer is late by more than a quarter of an hour, he/she shall not be entitled to the booked experience.
14. You may at any time nominate a substitute person for participation. This must be notified in writing no later than by the last working day prior to the participation date.
15. If it becomes necessary to postpone the date due to technical, organizational or other reasons at the Simulation Center, without any responsibility on our part, if such postponement cannot be foreseen by us, we may, at our option, offer the participant a new date or terminate the contract. In the event of termination, the participant shall be reimbursed for any payments already made. In such cases, we shall not provide compensation for expenses or damage incurred by you in connection with the cancellation or renewed use of the service (experience) (e.g. transfer costs, accommodation, accompaniment, leave from work, etc.).
16. This shall apply accordingly if the delay or non-performance occurs with one of our contracted service providers or assistants. In such case, we shall notify you in good time. We shall offer you alternative dates in such case. We cannot grant refunds or further claims of any kind.
17. The representatives of the Simulation Centre shall be authorized throughout the entire duration of the experience to give instructions to the participant. The Simulation Centre expressly notes that the participant must be extremely disciplined during the experience and must follow the Instructor’s instructions and notes. Compliance with these rules is essential to ensure safety. A total ban of alcohol shall be in place throughout the entire experience (blood alcohol level 0.00).
18. The simulation is safe. However, we need to note that your participation is expressly at your own risk. This applies in particular to participants with cardiovascular diseases or a tendency to nausea and vomiting or claustrophobia, fear of driving or flying as well as epilepsy.
19. If the participant has consumed alcohol or mind-altering substances, we shall be entitled to immediately exclude him/her from further participation. There shall be no reimbursement of expenses.

 Status: July 2018