General Terms & Conditions for BVB Event & Catering GmbH
SIGNAL IDUNA PARK Dortmund.
These general terms and conditions apply to the following areas:
- Rentals (events) – see section A. below -
- BVB-Stadiondeckel payment card – see section B. below –
- Stadium tours – see section C. below –
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A. Rentals (events)
I. Scope of agreement
1. These terms and conditions cover contracts for the temporary rental and use of hospitality space in SIGNAL IDUNA PARK for the implementation of events such as seminars, meetings, parties, etc., as well as for all thus connected further goods and services provided by BVB Event & Catering GmbH.
2. Rental contracts shall be agreed to according to the general terms and conditions outlined here. In an original contract (which supersedes any sample contract found on this site), the terms and conditions outlined here shall be considered as an enforceable supplement.
II. Conclusion of the contract
1. The contract comes into effect through written agreement, according to the sample contract as shown in section I.2.
2. If the contract is not agreed to by the organiser but rather a commercial agent or broker, or if the contracted party is not the entity which will eventually organise the event, the following applies:
a) Upon closure of the contract, a broker or agent is obliged to provide written evidence of its right to represent the client for whom it is acting, and include such documentation in the contract itself.
b) Should a contracted party not organise an event itself, it must disclose the actual organiser, as well as obtain written approval of any sublet or subcontract from BVB Event & Catering GmbH so as to maintain accordance with the tenets of the main contract.
In cases similar to a), liability shall be assumed by the broker or agent and eventual renter, and in cases similar to b) the sublessee becomes jointly and severally liable, with the organiser, for all obligations arising from the agreement with BVB Event & Catering GmbH.
3. BVB Event & Catering GmbH’s liability, excluding situations that pertain to essential contractual duties (cardinal duties) included in typical services, shall be limited to damage brought about by intent or gross negligence on the part of BVB Event & Catering GmbH, its legal representatives or vicarious agents; the same shall not apply in cases of liability for damage resulting from injury to life, body or health. The organiser is obliged to inform BVB Event & Catering GmbH of the possibility of any significant damages in a timely fashion.
4. All police mandates, in particular those regarding fire safety and building regulation, are to be followed. All traffic and rescue routes (entryways, corridors, exits) as well as emergency routes within the entire arena compound are to be kept clear at all times during the event.
III. Services, Costs and Payment
1. Parties to the contract are obliged to deliver the services agreed upon in the contract.
2. The organiser is obliged to pay BVB Event & Catering GmbH the price agreed for these services. This applies additionally to services and expenses incurred by BVB Event & Catering GmbH through third parties in connection with the event.
3. All invoices issued by BVB Event & Catering GmbH without a due date are due for payment without deduction within 10 days of receipt, unless the invoice itself indicates another due date that exceeds the aforementioned period.
4. BVB Event & Catering GmbH reserves the right to make room changes, as long as the space to which it intends to make the move is equally well-suited to the event.
5. Unless individually agreed otherwise, payment shall be made under the following terms:
a) Companies:
- For events with a budgeted cost of 5,000 EUR or more, a deposit of 50% is required, paid upon confirmation of the order.
- If the event budget is below 5,000 EUR, no deposit is required.
- All further remaining payments of budgeted costs and costs incurred in the execution of the event are to be paid no later than 14 days after the presentation of the final invoice.
b) Individuals:
- A deposit of 50% is required, paid upon confirmation of the order.
- All further remaining payments of budgeted costs are to be paid no later than seven days before the event.
- All further payments of costs incurred in the execution of the event are to be paid no later than 14 days after the presentation of the final invoice.
IV. Bookkeeping and billing
Invoices for payment shall be sent, as a general rule, to the client address stated in the rental agreement.
V. Right of cancellation by BVB Event & Catering GmbH
1. BVB Event & Catering GmbH is permitted to cancel a rental agreement without further obligation up to 90 days before an event.
2. BVB Event & Catering GmbH is permitted, for good cause, to cancel a rental agreement at short notice. Such causes may include, in particular:
a) force majeure, or circumstances unforeseen by BVB Event & Catering GmbH which make fulfilment of the contract impossible;
b) repair or renovation of the booked space which become necessary at short notice;
c) an event which was booked using misleading or false statements regarding the organisers’ material circumstances or purposes;
d) BVB Event & Catering GmbH has reasonable cause to assume that the event will interfere with the smooth running of its business or endanger the security or public reputation of SIGNAL-IDUNA PARK or or BVB, even when these incidents do not fall under the authority or organisational sphere of BVB Event & Catering GmbH, provided the contract had not already given rise to this assumption.
e) breach of section II.2.b);
f) the use of SIGNAL IDUNA PARK for an event is made impossible by the scheduling of a match including Borussia Dortmund or the German national team (including preparation days), or in by a concert or large or special event;
3. In the case of an extraordinary cancellation on the part of BVB Event & Catering GmbH under the circumstances outlined in sections a), c), d) and e), BVB Event & Catering GmbH shall refund clients’ payments which have already been made; in the case of circumstances outlined in section b) there is no obligation to refund the client - rather, BVB Event & Catering GmbH is permitted to to charge clients for any damages caused through his or her behaviour.
4. In the case of circumstances similar to sections 1. and 2. the client is not entitled to claim damages from BVB Event & Catering GmbH, unless the damage was caused intentionally or through gross negligence on the part of BVB Event & Catering GmbH, its legal representatives, or people employed in the fulfillment of its obligations.
VI. Cancellation on the part of the client
1. The customer is permitted, for good cause, to cancel a rental agreement at short notice.
2. In the event of client cancellation without good cause, BVB Event Catering GmbH is permitted to bill the client the contractually agreed sum, as long as further rental of the space is no longer possible.
3. Upon client cancellation according to section 2., BVB Event Catering GmbH is permitted to bill the client under the following terms:
- up to 90 days prior to the event: no charge
- bis 90 Tage vor der Veranstaltung: kostenfrei
- up to 45 days prior to the event: 20% of the full agreed upon price (total)
- up to 14 days prior to the event: 50% of the full agreed upon price (total)
- up to 7 days prior to the event: 90% of the full agreed upon price (total)
- on the day of the event: the full agreed upon price (total)
- if an event is postponed within 50 days of the originally booked date, 50% of the listed cancellation fee will be assessed.
VII. Changes to the number of participants, time or duration of the event
1. A definitive head count of participants for billing purposes must be provided in written form to BVB Catering & Event no later than 7 days before the event. Should the number of participants increase or decrease by more than 5%, BVB Event & Catering GmbH reserves the right to change the agreed upon price accordingly, as well as move the event from the originally booked space to another which is equally suited to the contractually stated purpose of the event.
2. Should the client alter the agreed upon start or end time of the event without receiving prior written consent, BVB Event & Catering GmbH is not obliged to make the booked space available for the altered times. Should the space be available, additional costs (for service personnel, security, porters, etc.) will be added to the the client’s final bill.
VIII. Outside food and drink
- BVB Event & Catering GmbH holds the exclusive rights to catering in the spaces it contracts to rent.
- The organiser is not permitted to bring their own food and drink. Exceptions may be granted only through the written consent of BVB Event & Catering GmbH.
- Clearly inebriated guests as well as those whose alcohol consumption has made them disruptive can be removed by BVB Event & Catering GmbH or contracted staff; such persons may also be banned from the stadium grounds, or refused entry. This decision is left to the discretion of aforementioned staff. The same applies to guests who behave in a threatening manner; engage in violence, hooliganism, or vandalism; or who refuse to obey instructions and rules as set out by staff.
- Smoking is forbidden in all areas.
IX. Technical facilities and connections
1. In the event that BVB Event & Catering GmbH engages third parties to provide technical equipment or facilities on the behalf of its clients, they do so in the name of, on behalf of and on the account of the client, whose authorisation is hereby declared.
2. The event organiser assumes liability for the careful handling and orderly return of such equipment. He or she frees BVB Event & Catering GmbH from any and all third-party claims arising from the provision of such equipment.
3. The use of the Organiser's own electrical systems by using BVB Event & Catering GmbH’s power supply network shall be subject to the latter's written and contractual consent. Any disruption of or damage to BVB Event & Catering GmbH’s technical facilities due to the use of the equipment concerned will be charged to the organiser.
4. The organiser may use, with the permission of BVB Event & Catering GmbH, his or her own telephone, telefax, or data transmission facilities.
5. For events with music, the organiser is responsible for registering with GEMA and paying any resultant publishing/public performance fees. Should GEMA dispute the veracity or completeness of an event’s registration or accounting of music, the organiser frees BVB Event & Catering GmbH from all liability.
6. Events with dancing, or where a dance floor has been set up, may be liable for amusement tax and must be registered as such. Notification and payment of said taxes must be undertaken by the organiser directly through the amusement tax authorities of the City of Dortmund. The organiser frees BVB Event & Catering GmbH from all liability thereto - in particular any unpaid tax liabilities to the City of Dortmund.
7. Costs stemming from visits from the fire brigade due to a false alarm (e.g. because of a fog machine), sabotage, mischief or similar grounds are to be paid by the event organiser.
X. Loss or damage to possessions brought on to the premises
1. Any of the customer's exhibits and other items, including personal items, shall be taken into the event rooms at the Customer's risk; BVB Event & Catering GmbH assumes no liability. This exclusion of liability shall not apply in case of intent or gross negligence on the part of BVB Event & Catering GmbH, its employees or representatives.
2. Any decorative materials brought by the organiser must comply with relevant fire
safety regulations. BVB Event & Catering GmbH reserves the right to demand official evidence of such compliance. Due to the possibility of damage or destruction of such materials, their handling and installation is to be approved by BVB Event & Catering GmbH.
3. Following the completion of an event, the space rented should be returned to its original condition. All exhibitions, decorations, or other materials are to be immediately removed. Should such materials not be promptly removed, BVB Event & Catering GmbH reserves the right to bill the organiser for costs associated with their removal or storage without further notice. The organiser may elect to to leave his or her materials in the event space past the end of the event, at further negotiated cost.
XI. Event organisers’ liability for damages
1. The organizer is liable for all damages to the building or the furnishings that are caused by him or by event participants, visitors, employees, colleagues, or any other third parties associated with him or his organization. The organiser frees BVB Event & Catering GmbH form all complaints from third parties.
2. Should a guest suffer an injury (due to his or her own actions, or the actions of another) during an event, the organiser assumes all liability. BVB Event & Catering GmbH denies all claims of liability, unless the event is a BVB Event & Catering GmbH proprietary event. Furthermore, the organiser assumes liability that legal requirements pertaining to an individual event are followed - for example, a cooking course demands that certain health, safety and hygiene rules be followed. The event organiser frees BVB Event & Catering GmbH from all associated claims from third parties.
3. BVB Event & Catering GmbH can demand that the organiser post a suitable bond (insurance, deposit, guarantee), as well as proof of conclusion or continued validity of liability insurance.
XII.
1. The client is not entitled to offset payment during contested and not legally-recognised
counterclaims. the same is true for exercising a right of retention.
2. Any transfer of the rights of the customer arising from this contractual relationship shall require the prior agreement of BVB Event & Catering GmbH.
XIII. Closing provisions
1. Modifications or supplements to this agreement must be made in writing. This also applies to a waiver of the written form requirement.
2. The venue for fulfilment and payment, as well as for legal claims, is Dortmund.
3. This agreement is subject exclusively to German law.
4. In the event that any part of these terms and conditions should be declared invalid, the rest of the terms and conditions will remain valid. Invalid conditions shall be replaced by statutory provisions.
5. Any decorative materials brought by the organiser must comply with relevant fire
safety regulations. BVB Event & Catering GmbH reserves the right to demand official evidence of such compliance. Due to the possibility of damage or destruction of such materials, their handling and installation is to be approved by BVB Event & Catering GmbH.
B. BVB Stadiondeckel - BVB Stadium payment card
I. Contractual relationship
By acquiring a BVB Stadiondeckel card, the bearer enters into a contract with BVB Event & Catering GmbH which dictates the use of the card as a means of payment under the following conditions.
II. Scope of services
The BVB Stadiondeckel card permits the bearer to make cashless purchases at points of a sale at BVB Stadiondeckel-approved events, provided the BVB Stadiondeckel has been loaded with the minimum monetary amount proscribed on § 4. Each time a payment is made using the BVB Stadiondeckel card, a monetary amount equivalent to the price of the purchased items is deducted from the amount on the card.
III. Purchase
1. The BVB Stadiondeckel card is available for purchase from:
BVB Event & Catering GmbH, Strobelallee 50, 44139 Dortmund
as well as from the following points of purchase:
The BVB-FanWelt, in all BVB-FanShops, and on Borussia Dortmund first team match days at the SIGNAL IDUNA PARK.
2. The bearer of the card does not gain ownership of the card. The BVB Stadiondeckel is exclusively authorised as a means of purchase through use of the money loaded onto the card.
IV. Loading the card
1. The BVB Stadiondeckel card (re-)loadable. Bearers can load the card at points of purchase during their opening hours of business, or via the internet or an app after a successful registration.
2. The minimum amount bearers may load onto the card is €5, the maximum amount is €200.
V. Length of validity
1. BVB Stadiondeckel cards do not have an expiration date.
2 Should a card go unused for a duration of two years and one day from its acquisition, or from the last time a purchase was made at an approved BVB Event & Catering GmbH point of purchase, the card will be deactivated and can no longer be used to make purchases. From this point on, the bearer has one year to claim a payout of a cash sum equal to the amount loaded onto the card in return for the card itself. After three years and one day from receiving the the card or from its last use, the bearer loses his or her right to return payment, and any remaining monetary value on the card is paid out to BVB Event & Catering GmbH.
VI. Repayment
1. In addition to the right to repayment outlined in § 5 (2), bearers of a BVB Stadiondeckel card can trade their cards in for a cash amount equal to the amount presently loaded onto the card.
2. When claiming a repayment of more than €50.00, card bearers must present a photo ID.
3. Repayments can only be made at a designated BVB Event & Catering GmbH repayment centre (‘Entladestation’) at an event.
4. In the case of a damaged/malfunctioning chip or BVB Stadiondeckel card, the card bearer cannot claim repayment, unless he or she can present other supporting proof that the card still had monetary value left on it.
VII. Claims and complaints
Any potential claims or complaints regarding the BVB Stadiondeckel card should be presented to BVB Event & Catering GmbH at points of purchase during opening hours.
VIII. Loss and misuse
The risk of loss or misuse of a BVB Stadiondeckel card is assumed by the bearer. In particular, points of purchase run by BVB Event & Catering GmbH have no obligation to demand proof of identity to determine if a card’s bearer is its ‘rightful’ one. If a card bearer sets up and account to register his or her card at www.bvb.de/stadiondeckel, he or she is obliged to protect its password.
IX. BVB Event Catering GmbH assumes liability, regardless of the reason (for example, but not limited to: impossibility of fulfilment, default, tort, breach of contract, culpa in contrahendo), only in the case of deliberate or severely negligent behaviour on the part of its legal representatives or vicarious agents. The above waiver does not apply to the breach of major contractual obligations or to liability due to promised features not being delivered.
X. Legal jurisdiction and applicable law
If a card bearer does not have his or her own legal standing/jurisdiction in Germany, the jurisdiction for disputes shall be Dortmund. Applicable law is that of the Federal Republic of
C. Stadium Tour
I. Scope
1. The following terms and conditions apply to all orders placed for BVB Stadium Tours (single and group bookings).
2. The content of these terms apply to all types of stadium tours:
- BVB-Tour
- BVB-Tour Plus
- BVB-Tour step-free
- BVB-Stadium Experience for kids
II. Contractual relationship
1. The contractual partner for stadium tours is exclusively BVB Event & Catering GmbH, and the point of contact for all matters thereto is the E&C service team for BVB Stadium Tours.
2. Once an order for tickets for a BVB Stadium Tour have been placed, the tickets are sent out. No refund or exchange is permitted, no replacement tickets will be furnished in the event of loss.
3. In the case of all types of stadium tours, customers may select their desired tour from the list of tours presented as the time of their order, inform the tour operator of the number of guests who will take part as well as request times for the tour.
4. Upon confirming an order, customers enter into a contract with BVB Event & Catering GmbH.
5. Verbal requests, recommendations, or changes to orders after they have been places are only enforceable once BVB Event & Catering GmbH confirms them in writing.
III. Group bookings
1. Bookings are billed strictly on the basis of the number of places booked, even in the event that the actual number of participants is less than the number of places originally booked.
2. In the event that the number of actual participants on the day is more than 10% higher than the originally booked number, we reserve the right to conduct the tour at the agreed-upon price plus 10%. BVB Event & Catering GmbH/the E&C service team will make reasonable attempts to accommodate the full number number of people in attendance, but reserves the right to split the guests into more than one tour group (at additional cost).
IV. Cancellation
Customers have a right to cancel their tour and receive a refund up to three working days ahead of their booking. Cancellations made with less than three days notice will not be issued to a refund.
V. Contingent orders
The German Football League (DFL) determines the precise kick-off times of Bundesliga matches several weeks in advance of a given match day. When a customer books a tour for a day that is subject to the scheduling of a first team match of Borussia Dortmund, the booking is considered contingent and non-binding. Once a match day has been scheduled by the DFL, a confirmation or cancellation will be issued. Contingent bookings which have not been formally confirmed may also be cancelled in case of a major event that makes stadium tours impossible to conduct. In case of such a cancellation, BVB Event & Catering GmbH/the E&C service team will make a prompt offer of a new time for the stadium tour to take place.
VI. Force Majeure
The operator assumes no liability for the cancellation of an event due to force majeure and work stoppage (strike/lockout).
VII. Price and payment methods
1. Prices (including VAT) posted at the time of a booking apply. These prices (available at www.bvb.de/stadiontour) become binding once an order is placed and tickets are sent as a Print@Home-Dokument, or when a confirmation of booking is sent.
2. Print@Home-Dokument tickets must be printed on A4 paper, with one ticket on each sheet of paper.
3. Customers are obliged to inspect their Print@Home documents to ensure that the date and time of the tour as well as the number of participants listed is correct. Claims to correct tickets with errors must be made within three working days of receipt of tickets, via e-mail or at the address listed in section XIII. After this period to make claims has passed, the customer no longer has the right to demand changes in price, cancellation, or re-sending of Print@Home dokuments.
4. Orders can be paid for using pre-payment or through bank transfer (German accounts only). Should a bank transfer fail to be completed, the order will be cancelled and the corresponding electronic tickets will be rendered invalid. Further rights to claim damages are expressly reserved.
5. All price concessions, as well as grounds for their granting, are available at www.bvb.de/stadtiontour. Section 1. applies. Persons entering on a concession ticket may be requested to show documentation that proves their eligibility for a concession upon presenting their ticket at the entry point in Foyer West.
6. Group bookings made in accordance with section III. shall be paid for in advance no later than five working days ahead of the agreed upon tour date, unless other arrangement has been made in writing. Should payment not be made, cancellation under section 4. Applies.
VIII. Validity of tickets
All tickets are valid only on the day and time listed on the document. Participants should arrive for their tour no later than 15 minutes before the scheduled time. Guests who fail to arrive, or who arrive late, forfeit their right to take the tour and will not be issued a refund.
IX. Data Protection
Customer data is used only in accordance with legal regulations in the processing and implementation of the contract. Customers can refuse the use or transfer of their contact details for advertising purposes or for market/opnion research.
X. Stadium rules and liability
1. SIGNAL IDUNA PARK rules of conduct are to be adhered to. Directives from security personnel shall be followed.
2. Access to the playing surface is strictly forbidden. Chaperones may be held liable for the behaviour of those supervised. Any resulting damages will be recompensed by the customer or chaperone responsible.
3. Cameras and other equipment designed for audio or visual recording may not be used for any commercial purpose. Also prohibited are fireworks, bottles, cans, intoxicants, pets as well as any object intended to interfere with the orderly operation of the stadium.
4. Evidently intoxicated guests may be ejected from the stadium. Should a tour be disrupted on such grounds, security personnel reserve the right to cancel a tour on the spot and eject all guests from the stadium. No refund will be issued.
5. Customers should not that all guests who attend a tour should be in condition to take part. In particular, guests should not be afraid of heights, capable of walking a considerable distance, and prepared to climb stairs. Comfortable shoes are recommended. On special tours (e.g. BVB Stadium tour step-free), BVB Event & Catering GmbH/the E&C service team have taken participants’ limitations into account.
6. Events attended by children - in particular, the BVB Stadium experience for kids - can only take place when a number of supervising adults commensurate with the number of children is present.
7. BVB Event & Catering GmbH only assumes liability for tour participants’ damages caused through gross negligence and wilful act. Exceptions to the preceding waiver of liability are customers’ claims of compensatory damages resulting from injury to life, limb or health or damages due to gross negligence or wilful breach of duty by BVB Event & Catering GmbH. A breach of duty by BVB Event & Catering GmbH shall be considered equivalent to that of its representatives or agents.
8. Customers/participants assume liability for all damages caused by him or her, as well as for those culpably caused by persons under his or her supervision.
XI. Place of performance/legal jurisdiction
In all legal proceedings, the place of performance and legal jurisdiction shall be Dortmund.
XII. Applicable law
The law of the Federal Republic of Germany under exclusion of the UN sales law applies exclusively.
XIII. Kontaktadresse
Further questions or declarations of intent regarding all types of BVB Stadium tours may be directed to:
BVB Event & Catering GmbH
Rheinlanddamm 207-209
44137 Dortmund
Germany
Telefon 0231 90 20 66-00
Fax 0231 90 20 16-99
E-Mail stadiontour@bvb.de
XIV. Severability clause
Should individual provisions of these conditions be partly or wholly invalid, then the contract as a whole as well as its other conditions remain fully valid. From the commencement of invalidity/unenforceability, the parties to the contract shall be obliged to replace the invalid/unenforceable stipulation(s) with a commercially equivalent stipulation in so far as is possible, taking their mutual interests into account. The same provision shall apply for any gap in this agreement.