for the Ochsenbraterei marquee reservation portal
(status: June 2023)
1. Scope of Application
2. Conclusion of Contracts of Use
By registration, you enter into a contract with us for the use of the reservation portal. A contract of use is concluded as follows: You make your offer to conclude the contract of use by filling in the registration form and clicking on the button with the inscription “register” (or a similar inscription) or, in the context of a reservation of tables and/or boxes, by filling in the corresponding data fields and clicking on the button with the inscription “send paid reservation request” (or a similar inscription). The contract of use is accepted by us by displaying a corresponding statement in the reservation portal or by e-mail.
3. Rights and Obligations of the Guest
(1) You undertake to provide your first name, surname and/or company name as well as your address and all other mandatory information requested during registration truthfully and completely.
(2) All changes that affect the data provided during registration must be immediately adjusted by you in the user account.
(3) You are obligated to store the access data that you receive with registration in such a way that it is not accessible to third parties. If you forget your password or your password is used by a third party without authorization, you can obtain a new password from us.
(4) Upon conclusion of the contract you receive the non-exclusive, non-transferable and non-sublicensable right to use the reservation portal by means of your user account in order to reserve tables and/or boxes in the marquee of the Ochsenbraterei at the Oktoberfest or to purchase consumption vouchers, and to view and manage your reservations.
4. Remuneration and Contract Period
(1) The registration is free of charge.
(3) The right to terminate for cause remains unaffected by the above rules.
5. Limitation of Liability
(2) The Ochsenbraterei is liable in the cases of paragraph 1, letters (a) and (b) unlimited in amount. In all other cases, the claim for damages shall be 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.
6. Final Provisions
(1) All legal relations between you and us 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.
(4) We do not accept any deviating, conflicting or supplementary general terms and conditions. This shall also apply if we do not expressly object to their inclusion.
(6) We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
(8) 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)