für the Ochsenbraterei marquee
(status: June 2023)
1. Scope of Application
These Reservation Conditions apply to all reservations and voucher orders between the Ochsenbraterei Haberl OHG (hereinafter also: “Ochsenbraterei” or “we” or “us”) and guests of the Ochsenbraterei (hereinafter also: “guest” or “you”) for our marquee.
2. Subject Matter of the Contract
Subject matter of the contract is the reservation of tables and/or boxes as well as the purchase of consumption vouchers. Reservations are only possible with simultaneous minimum purchase (minimum consumption) of the consumption vouchers required for the respective reservation. Please refer to the information provided to you prior to submitting your reservation request for the minimum purchases for the respective seats. In the following, the reservation of seats and the purchase of vouchers are jointly referred to as “reservation”.
3. Conclusion of Contracts for Reservations
(2) In the case of a reservation request via the website, the reservation comes into effect as follows: Your reservation request represents your offer to make a reservation. If we accept the reservation requested by you, you will receive a confirmation from us by e-mail or in the reservation portal.
(3) In the tent office on the Theresienwiese, reservations can be concluded by declaring a contract directly on site.
4. Rights and Obligations of the Ochsenbraterei
(1) In the event of a reservation, we will provide you with seats for the number of persons specified in the reservation and the respective agreed reservation time.
(2) After payment of the amount invoiced in accordance with Section 7 and the granting of the concession by the City of Munich, we will send you the contractual consumption vouchers and a reservation confirmation to the address you have provided. In case of short-term reservations or reservations in the tent office, the consumption vouchers and the reservation confirmation will not be sent. The consumption vouchers must be collected by you from the tent office on the Theresienwiese on the day of the reservation. If the reservation is made at times when, according to our experience, a tent may be closed due to overcrowding, we will also send you numbered reservation bands at the same time as the reservation confirmation, which can be used for preferential access to the tent in the event of overcrowding. The reservation bands are valid only at the time of reservation and only in connection with the reservation confirmation or a copy of the reservation confirmation. Upon request, the reservation confirmation must be presented in addition to the reservation bands.
(3) We are obliged to keep the reserved seats free for you at the beginning of the confirmed reservation time until a maximum of 15 minutes after the beginning of the confirmed reservation time. If you do not take the reserved seats or do not take them completely during this period, the seat reservation shall expire with regard to the seats not taken. The consumption vouchers shall retain their validity.
(4) If you leave the table or the box in whole or in part during the reservation period, the reservation shall expire with respect to the seats left and they may be used by other guests.
(5) Standing places in the reservation area are not permitted for fire safety reasons. Remaining in the aisles in the reservation area after the reservation time is not permitted for safety reasons (escape/rescue route).
(6) We may continue to inform you by e-mail about the possibility of making a reservation after the conclusion of a reservation, unless you notify us that you no longer wish to do so.
(7) We or third parties will regularly take photos and videos during the event. The focus here is on the representation of larger groups or the atmosphere in the marquee. In this context, it is unavoidable that you may be visible on photo or video material. We carry out the processing of such image data, which is permissible without explicit consent within the scope of the provisions of § 23 para. 2 No. 2, 3 of the German Art Copyright Act (KUG) (images of persons as “incidental”), on the basis of our legitimate interest in self-promotion in accordance with Art. 6 para. 1 lit. f of the European General Data Protection Regulation (GDPR).
5. Rights and Obligations of the Guests
(1) By making a reservation, you are entitled to use the reserved seats during the reservation time and to exchange the purchased consumption vouchers for food and drinks.
(2) Your reservation time may be followed by further reservations by other guests. At the end of the reservation period, you are therefore obliged to vacate the seats.
(3) The consumption vouchers sold by us can be redeemed at other times of the same year in our marquee at the Oktoberfest, regardless of the perception of the reservation. Unused consumption vouchers can be used in other Haberl Group establishments after the end of the Oktoberfest. Please refer to our homepage (www.ochsenbraterei.de) for the period of validity, conditions and an overview of the points of acceptance.
(4) The reservation of the seats is made for you as our contractual partner. You undertake not to transfer the reservation and the reservation bands to third parties. The transfer of the reservation bands may only take place free of charge and only to such persons who perceive the reservation together with you. The transfer of the reservation may only be made through our portal on our website for the original reservation conditions. The acquired consumption vouchers are transferable. In particular, it is forbidden to resell or offer for sale reservations or reservation bands at excessive prices or with the direct intention of making a profit. It is also prohibited to resell or offer for sale the reservation or reservation bands to commercial resellers or to resell or offer for sale the reservation or reservation bands to third parties unknown to you through internet platforms, unless this is done through our portal on our website. We are not obligated to make seats available to a reservation confirmation holder who is not our contracting party. In the event of a breach of your obligations under this Section 5, we are entitled to withdraw from the contract concluded with you and to claim damages.
(5) If you are unable to make your reservation in person, you are obliged to inform us in writing or in text form (e.g. by e-mail) so that we can release the reserved seats. Even if you are unable to make the reservation, you remain entitled to use the vouchers you have purchased.
(6) The consumption of food and beverages brought along is prohibited. For security reasons, we reserve the right to carry out a bag check at the entrance.
(7) In general, no claim for subsequent years can be derived from a reservation, even if it is made in several consecutive years.
(8) In the marquee as well as in the outside area of the marquee, the performance of showman activities, promotional activities, press events, political events, including election campaign events, charity events, fashion shows and opinion polls as well as performances as an encore to the musical performances are prohibited. Furthermore, filming and sound recording are prohibited without our permission.
(9) It is forbidden to climb on tables. Furthermore, standing on benches in the area of the galleries and dancing in the entire beer tent is prohibited.
(10) Drinks in beer mugs may only be served to persons who have their own seats.
(11) The hygiene measures in the tent and in the outdoor area, as well as the access rules to the tent are governed by the legal regulations, in particular the regulations of the Infection Control Law, which applys at the time for which you have made your reservation. We are entitled to demand compliance with these applicable legal regulations from you and to make the provision of the contractual services dependent on compliance with these applicable legal regulations.
(12) You are obligated to inform yourself in advance about any cancellation of the Oktoberfest, about any hygiene requirements, and about any other changes regarding the operation of the marquee that are relevant for you via the media and our homepage www.ochsenbraterei.de.
6. Right of Withdrawal
(1) We have the right to withdraw from the contract concluded according to these conditions without notice if one of the following circumstances occurs:
- we do not receive a concession for our marquee at the Oktoberfest, or
- the Oktoberfest does not take place as a whole or on the day of your reservation, or
- our concession or another official decision allows us to operate our marquee only with a lower number of seats compared to the previous Oktoberfest, or
- the marquee may only be operated under conditions which, in our dutiful discretion, make it impossible or unlikely to operate the marquee economically and without disruption, either as a whole or with regard to part of the marquee, or.
- such a large number of our employees fall ill that an economic and trouble-free operation as a whole or with regard to a part of the marquee is impossible or improbable in our dutiful discretion, or
- a supply shortage arises with regard to the availability of electricity, gas or oil, which results in an economic and trouble-free operation as a whole or with regard to a part of the marquee being impossible or improbable in our dutiful discretion, or
- you are in default of any payment owed under this contract.
(2) In the event of a withdrawal on our part in accordance with paragraph 1, any payments already made for the reservation and the consumption vouchers will be refunded in full minus the processing fee and shipping costs. In all other respects the obligation to perform of the Ochsenbraterei is omitted as a result of the withdrawal.
(3) You have the right to withdraw from the contract until 01.09. of the respective year, whereby this is only possible from a whole table. After 01.09. of the respective year a withdrawal is no longer possible. In the event of your withdrawal, payments made by you will be refunded minus the processing fee and shipping costs after you have returned the consumption vouchers to us (if already handed over). Should your declaration of withdrawal be received by us before 31.07. of the respective year, an additional cancellation fee of 10% of the value of the consumption vouchers ordered by you will be charged and offset against the amount to be refunded by us. Should your declaration of withdrawal be received by us after 31.07. of the respective year, the processing fee, shipping costs and an additional cancellation fee in the amount of 25% will be charged.
(4) Declarations of withdrawal pursuant to this Section 6 must be made in writing or in text form.
7. Remuneration; Invoice; Permitted Means of Payment
(1) For reservations, the costs stated in the respective offer for the reservation and the respective consumption vouchers ordered will be incurred, which we will invoice to you after conclusion of the contract. For the processing of an order, a processing fee may also be charged, the amount of which depends on the respective agreement. Shipping fees are additionally incurred for the sending of consumption vouchers and/or reservation bands by mail or courier.
(2) All amounts payable under this agreement shall be paid upon receipt of an invoice no later than the expiration of a period of 10 days from the date of the invoice or no later than 2 days prior to the requested reservation date, whichever date is earlier. Upon expiration of this date, you will be in default without the need for a reminder.
(3) Only consumption vouchers purchased from us, cash and EC cards with PIN numbers are accepted as means of payment in the marquee. We ask you to check all invoices on site, as later complaints cannot be considered.
(4) Table reservations are only possible with simultaneous minimum purchase (minimum consumption). The minimum consumption is the purchase quantity that is to be purchased at least in consumption vouchers at the time of the reservation and is to be consumed at least at the time of the reservation. If less than the minimum consumption is consumed when the reservation is made, the difference will be charged when the reservation is settled. The amount of the minimum consumption for the respective table reservations can be seen on our website www.ochsenbraterei.de.
(5) All prices are subject to the applicable statutory sales tax.
8. Right of Revocation
Your right of revocation is excluded according to § 312g para. 2 no. 9 of the German Civil Code (BGB), as there is no right of revocation for contracts for the delivery of food and beverages as well as for services in connection with leisure activities, if the contract provides for a specific date or period.
9. Contractual Penalty
In addition, in the event of any culpable breach of the provisions of Section 5 para. 4 sentences 6 and 7, we shall be entitled to payment of a contractual penalty in the amount of three times the value of the reservation concerned. The value of the reservation is the price paid for the table reservation and the associated consumption vouchers. The reasonableness of the amount may be subject to review by a competent court at your instigation. The claim for a contractual penalty does not affect our right to claim any further damages. Any contractual penalty paid shall be offset against any claims for damages, whereby the contractual penalty shall represent the minimum damage.
10. Limitation of Liability
(1) The Ochsenbraterei is liable within the scope of this contract in principle only for damages (a) which the Ochsenbraterei or its legal representatives or vicarious agents have caused intentionally or through gross negligence or (b) which have arisen from injury to life, body or health through a breach of duty by the Ochsenbraterei or one of its legal representatives or vicarious agents. Furthermore, the Ochsenbraterei is liable (c) if the damage was caused by the breach of an obligation of the Ochsenbraterei, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which you regularly rely and may rely (cardinal obligation).
(2) The Ochsenbraterei is liable in the cases of paragraph 1, letters (a) and (b) unlimited in amount. Otherwise, the claim for damages is limited to the damage foreseeable and typical for this type of contract. Between the parties, a damage maximum of 1000 EUR per damage case is considered foreseeable and typical for this type of contract. If you are at risk for a damage that may exceed this amount, you are obliged to inform us of this immediately, at the latest 7 days after conclusion of the contract.
(3) In cases other than those mentioned in paragraph 1, the liability of the Ochsenbraterei is excluded, regardless of the legal basis.
(4) The liability regulations in the preceding paragraphs also apply to a personal liability of the representatives, employees and vicarious agents of the Ochsenbraterei.
(5) As far as a liability according to the Product Liability Law from the assumption of a guarantee or due to fraudulent misrepresentation comes into consideration, it remains unaffected by the above liability regulations.
11. Final Provisions
(1) All legal relations between us and you shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not result in a consumer being deprived of the protection afforded to him by those provisions which, under the law which would be applicable in the absence of a choice of law, may not be derogated from by agreement.
(2) If you are a merchant, any disputes arising out of or in connection with this contract (including those concerning its validity) shall be subject to the jurisdiction of the courts in Munich.
(3) Contracts can be concluded with us in German and English. The currently valid reservation conditions can be found on our website. The valid reservation conditions will be sent to you once upon conclusion of the contract or made available for download before conclusion of the contract. Otherwise, we do not store the contract texts.
(4) We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
(5) Should any provision of this contract be wholly or partially invalid or unenforceable or lose its validity or enforceability at a later date, or should a loophole be found, this shall not affect the validity of the remaining provisions.
(6) This agreement is available in German and English. In the event of any conflicts between the two language versions, the German version shall prevail over the English version.
status: June 2023