These general terms and conditions apply to Wrage GmbH ("Wrage"). The general terms and conditions are part of the contract regardless of the method of the order (in person, by mail, by phone or online).
1.1 Wrage reserves the right to change these general terms and conditions. Any changes made shall come into force as soon as they have been published on the Internet. For orders placed online, the general terms and conditions will be included in the purchase contract, provided the customer clicks on the checkbox "I have read and accepted the terms and conditions."
1.2 The general terms and conditions apply to consumers (Section 13 BGB, German Civil Code) as well to entrepreneurs (Section 14 BGB, German Civil Code). In instances where certain rules apply to entrepreneurs only, these instances will be noted where appropriate.
1.3 Wrage acknowledges contrary or otherwise differing terms and conditions, unless Wrage has agreed to other such terms and conditions in writing.
1.4 When ordering tickets and/or vouchers, the customer instructs Wrage to procure (delivery) or provide (pick-up) tickets for each selected event or procure or provide vouchers.
1.5 For orders placed online, the contract between Wrage and the customer shall come into effect as follows:
a) The customer gives Wrage withdrawal authorization. The customer can print out the ticket himself. In this case, the contract will come into effect with the debit by Wrage. If Wrage chooses not to accept the customer's offer, Wrage will inform the customers by e-mail. This information is, however, not legally binding.
b) The customer transfers the participation fee to Wrage. In this case, the contract shall come into effect when the tickets are mailed by the Wrage. If Wrage does not want to accept the customer's offer, Wrage will inform the customers by email. This information is, however, not legally binding.
2. Prices/delivery charges
2.1 The price advertised or posted on the Internet or by phone is binding for the selected order. Incorrectly advertised prices will be pointed out before the order is placed.
2.2 In addition to the price stated, a delivery and/or ticket fee and/or filing fee and/or booking fee may be incurred on each order process. These additional charges are indicated within each respective order.
2.3 All prices include value added tax (VAT) due.
2.4 If special discount prices (for students, senior citizens, disabled persons etc.) have been granted, this will also be indicated separately. If no special discount prices are indicated, they cannot be granted. The granting of discounts requires proper proof (student card, ID card with proof of age or severely handicapped ID in accordance with the Severely Handicapped Act). This proof must be provided at access control. If evidence cannot be provided, the difference between the full price and the discounted price must be paid later to be authorized for access.
3.1 Payment must be made by one of the methods listed. If this results in additional fees charged by Wrage, these fees will be indicated separately. All prices and fees are due immediately upon conclusion of the contract.
3.2 If a payment is reversed (e.g. due to insufficient funds in the account specified in the order), Wrage is entitled to prompt return of the ordered tickets or vouchers. The contracting partner must compensate Wrage for any damage or expenses resulting from a chargeback. This includes bank charges and processing fees in the amount € 5, - per chargeback for processing by Wrage. In the event of a chargeback, Wrage is entitled to terminate the contract immediately. The contracting party shall then lose his right to participate in the event booked. Further claims by Wrage against the contracting partner will not be affected by this.
4. Withdrawal / Cancellation
4.1 If the contracting partner chooses not to participate in the event, he must declare his withdrawal from the contract in writing and return the tickets to Wrage.
4.2 In case of withdrawal/cancellation up to six weeks before the start of an event the seminar fee will be refunded after deducting a handling fee of € 20.00.
4.3 In case of withdrawal/cancellation up to two weeks before the start of an event with a ticket price of € 450.00 or more, the seminar fee will be refunded after deducting a handling fee of € 70.00.
4.4 In case of withdrawal/cancellation up to two weeks before the start of an event with a ticket price below € 450.00, the ticket price refunded after deducting a handling fee of 20% of the ticket price.
4.5 In case of withdrawal/cancellation up to one week before the start of an event, the ticket price will be refunded regardless of the amount after deducting a handling fee of 40% of the ticket price.
4.6 The granting of additional cancellation rights for the contractual partner must be accompanied by substantial grounds. In this case, no refund will be made.
4.7 The contracting party reserves the right to prove a lower cost.
4.8 Wrage recommends that the contracting partner takes out a seminar insurance policy. Information on seminar insurance may be found on the www.wrage.de.
5.1 The delivery of tickets/vouchers is dependent upon on the chosen methods of payment and delivery. If tickets are not picked up at the box office, the delivery of the tickets/vouchers will be initiated when payment is received by Wrage. If the contracting partner does not receive the ticket/voucher within 14 days after booking and payment, the contracting party is entitled to inform Wrage of this immediately. If the customer is an entrepreneur as contained in Section 14 BGB (German Civil Code) and if purchased tickets/vouchers are lost during shipment via standard letter, any claims against Wrage will be excluded.
5.2 If the tickets/vouchers are lost during express delivery or courier (if this is stipulated by contract), Wrage will replace the lost tickets/vouchers or, if no replacement is possible, refund their contracted value.
5.3 Companies as contained in Section 14 BGB bear the risk of loss or damage of tickets/vouchers upon being delivered to the carrier by Wrage, unless they chose to pick them up at Wrage or at the respective ticket office.
6. Cancellation of the event by Wrage
6.1 If the event is cancelled, Wrage shall refund any payments made. Shipping costs and other additional fees will be refunded only if the cancellation of the event was due to intent or gross negligence by Wrage.
6.2 If the event has been postponed, the contracting partner is entitled to withdraw from the contract. Wrage is entitled to inform the contracting party immediately by one of the methods given when the tickets/vouchers were booked (by mail, by e-mail, telephone, etc.). The sending of such information will be considered adequate. Any wasted travel expenses, hotel bookings, etc. will be refunded by Wrage only if the cancellation of the event or the lack of information of the contracting party is based on gross negligence or intent.
The liability of Wrage for contractual, quasi-contractual, statutory, tort or other legal basis is excluded. This does not apply in cases of injury to life, body or health concerns or if the injury is based on intentional or grossly negligent conduct of Wrage or its vicarious agents or in cases where a significant obligation for achieving the purpose of the contract has been violated.
Wrage does not guarantee the success of the events offered.
If the customer is a merchant as contained in the HGB (Commercial Code) or has a permanent resident in a foreign country, the court of jurisdiction for all disputes is Hamburg. Wrage reserves the right to bring actions at the court of the contracting party.
The laws of the Federal Republic of Germany apply, excluding the UN purchasing convention. Imperative provisions of the law of the state in which the customer has his habitual abode shall remain unaffected.
As of: September 2010