General Terms and Conditions of Business
- General Terms and Conditions for Contractual Relationships
- Conditions for Participation
- Data Privacy
- General Terms and Conditions for Contractual Relationships with Entrepreneurs
- General Terms and Conditions for Contractual Relationships
The General Terms and Conditions of Business (hereinafter referred to as the “GTC”) apply to all contracts and similar legal relationships of NocheDePasion (hereinafter referred to as “Supplier”).
The following information and general terms and conditions of business apply to consumers, hereinafter referred to as “Participants”.
A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity (§ 13 of the German Civil Code).
Company, NocheDePasion, hereinafter referred to as “Supplier”, within the meaning of § 312 of the German Civil Code.
Represented by Christian Beyreuther.
§ 1 Contractual provisions
The contract language is German. The terms and conditions for the contract (GTC) are made available to the Participant in the NocheDePasion Member area. The Participant has the option to save the information for himself in a reproducible form as a PDF document.
The Participant will receive an invoice with the confirmation e-mail for the registration of participation in the private closed event.
§ 2 Subject of the contract
The subject of the contract is the right to participate in tango events that take place by private invitation. Details, in particular the main features of the events, can be found by the Participant by means of navigation via the “Programme” buttons and the submenus that open up.
In the event of a generally reasonable change/postponement of the event location, the event time or the persons participating in the event and other service providers, participation agreements shall not become invalid. The Provider reserves the right to make changes for compelling reasons.
The conditions of participation (2.) are acknowledged and accepted with the registration/participation in an event.
§ 3 Conclusion of the contract
If an offer is submitted by the Supplier, the activation of the offer does not yet constitute a binding offer to conclude a participation contract, but rather is an invitation to the Participant to submit a binding offer for participation.
The Participant’s offer is complete if he/she has registered his/her participation via the online registration and pays the fee after checking the Supplier in connection with subsequent invoicing within 10 days (receipt of the amount on the account specified in the invoice).
If the deadline expires without receipt of payment, the registration for participation becomes invalid.
The Supplier confirms the right(s) to participate by e-mail within fourteen (14) days after receipt of payment, unless the capacities of the tango event are not sufficient, in particular for reasons of security or if the Participant’s offer does not comply with these GTC.
If the Supplier cannot accept all Participant offers in exceptional cases, it shall observe the reservation hierarchy (lots will be drawn for the reservations of participants from the region!). The Supplier shall inform Participants whose right to participate could not be confirmed in exceptional cases by e-mail.
§ 4 The contract shall be concluded as follows
The tango event is described on the website of the Supplier. For this purpose, it is possible to register the group of persons to the closed event who have been defined and invited in advance by the Supplier and who are to be on the Supplier’s guest list.
The registration option is only made available to personally invited persons for a few hours/days. Persons who have registered without prior invitation will be sorted out by the Supplier and informed if necessary should participation not be possible.
The invitation to the event is issued personally by the Supplier.
The invitation is issued as follows
- by verbal invitation
- by e-mail
- via WhatsApp
- via a closed Facebook group
- via Facebook Messenger
Upon receipt of the Participant’s page registration, the inviting party will check it for personal reference to the invitation. The subject of the examination is an invitation list (closed Facebook group, etc.) defined in advance by the Supplier.
In the Member area, the Participant receives further important information about the event.
Fees are charged so that the Supplier can cover costs. The resulting invoice amount is defined by an organisational fee, which is clearly visible in the internal member area “Encuentro Registration”.
As soon as the Participant has paid the invoice within 10 days, the Participant will receive his/her personal confirmation of participation from the Supplier via e-mail within 14 days.
Bank transfers to the account specified by the Supplier are the accepted payment method. Cash payments are possible by prior arrangement. See § 8.
The Participant’s offer becomes binding if he/she pays the participation fee within 10 days (receipt of the amount on the Supplier account specified in the invoice). If the deadline expires without receipt of payment, registration for participation becomes null and void.
With the confirmation of the right to participate by e-mail from the Supplier, the participation contract is concluded (see § 3).
The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. The Participant must therefore ensure that the e-mail address stored by the Supplier is correct, that the receipt of the e-mails is technically guaranteed and in particular is not prevented by SPAM filters.
After receipt of payment, the Participant will receive confirmation of the right to participate by e-mail.
Within 14 days after receipt of payment, the Supplier shall inform Participants whose right to participate could not be confirmed in exceptional cases and shall reimburse advance payments made without delay (at the latest within 30 days).
In the event of the expiry of the participation offer within 10 days (see above) due to lack of receipt of money on the Supplier’s account, the registration on the part of the Supplier will be deleted in order to be able to offer the participation right to other interested parties.
The Supplier shall endeavour to keep the operation of the website free of malfunctions as far as this is technically possible. If, contrary to expectations, technical malfunctions should nevertheless occur, the conclusion of a contract for the duration of the malfunction is excluded.
§ 5 Cancellation of the contract by the Participant
Up to four (4) months before the tango event, cancellations can be made unilaterally by the Participant by e-mail. Participation fees paid will be reimbursed in full.
Cancellations of less than three (3) months and up to two (2) months before the tango event can be made unilaterally by the Participant by e-mail. Participation fees paid will be reimbursed on a pro-rata basis to the amount of 50%.
Cancellations of less than two (2) and up to one (1) month before the tango event can be requested by the Participant by e-mail. By submitting an application, the Participant waives his/her right to participate. On the basis of the application, the Supplier can offer the right to participate elsewhere. The application will only be accepted by the Supplier if the tango event reaches full capacity. Once full capacity is reached, the participation contract is converted into a return contract and the Participant receives a pro-rata refund of 50% of the participation fee. No refunds are possible if full capacity is not reached.
Less than one (1) month before the tango event, the contract can be cancelled and the Participant waives his right to participate, but without a refund option.
§ 6 Withdrawal from the contract by the Supplier
Up to one (1) month before the start of the tango event, the Supplier can withdraw from the participation contract by e-mail if the minimum number of participants is not reached or if the event partners of the Supplier withdraw. Participation fees paid will be reimbursed in full.
§ 7 Prices
The prices quoted in the respective offers represent the final prices for participation. They include all price components including any applicable taxes. During the tango event, the Participant may incur additional costs for services beyond the participation that are not included in the price, e.g. cloakroom fee, purchase of food and drinks.
§ 8 Terms of payment
The payment options specified in the actual offer are available to the Participant. A cash payment is possible if none of the Participants can use any of the payment options proposed by the Supplier.
Alternatively, cash payments can be made if the event is made available to the public.
§ 9 Liability
The Supplier shall be excluded from liability for minor negligent breaches of duty, unless damages are incurred resulting from injury to life, limb, health or guarantees, or if claims are affected under the Product Liability Act. Existing physical limitations or health problems must be reported prior to the event. Otherwise the organiser shall not be held liable for any physical damage or complaints resulting from participation in the event. Furthermore, liability for the breach of obligations shall remain unaffected, the fulfilment of which is essential for the proper execution of the contract and upon whose compliance the customer may regularly rely. The same applies to breaches of duty by his vicarious agents.
For damages caused by third parties in connection with external services (e.g. gastronomic services), the Supplier shall not be held liable; rather the respective service Supplier shall be directly liable.
§ 10 Choice of law, place of performance
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (principle of favourability).
Place of performance is the place of the tango event.
§ 11 Protection of minors
The Supplier shall only enter into contractual relationships with adult participants. By submitting the order, the Participant confirms that he/she is at least 18 years old and that his/her details regarding his/her name and address are correct.
If underage persons place orders, the Supplier shall herewith revoke the contract as a precaution according to § 109 of the German Civil Code. Adults who are responsible for or authorised to represent minors ordering under false information are liable to the Supplier for all damages arising from the orders placed under false information in accordance with the statutory provisions.
2 Conditions for Participation
§ 1 House rules, conduct in the event rooms
These rules of conduct and the instructions of the law enforcement forces must be observed. Failure to observe these rules – irrespective of other claims – will result in the person being ordered to leave the room immediately.
It is prohibited to bring along pyrotechnic objects, flares, sparklers, weapons and similar dangerous objects. Failure to comply with this prohibition may result in the person being ordered to leave the room. The Supplier is authorised to temporarily store and take possession of items of the aforementioned kind.
Smoking is prohibited on the premises of the tango event. People are not permitted to bring food or drinks onto the premises of the tango event, unless the Supplier agrees or the Participant is dependent on food and drinks brought along for health reasons.
Participants can be expelled from the tango event if they disrupt it or harass other participants. They may also be denied access if there is cause for concern. Furthermore, the Supplier can ban these people from entering the premises. The participation fee will not be refunded in these cases.
§ 2 Start, proof of the right to participate
The premises are generally opened 30 minutes before the start of the tango event and 15 minutes before at the latest.
The Participant shall prove his/her right to participate and that of his/her companion by presenting the confirmation of participation. At the Supplier’s request, he/she shall prove his/her identity.
§ 3 Wardrobe
Coats, umbrellas, sticks, large bags and similar items must be handed in to the cloakroom for storage for a fee, unless the Supplier does not operate a cloakroom. Cloakroom staff are authorised to refuse to store particularly valuable items.
The Supplier shall assume liability for items handed in against a cloakroom ticket. The liability shall be limited to the current value of the deposited object, which is limited to a maximum of € 500. Loss or damage of cloakroom items and the loss of a cloakroom ticket must be reported immediately to cloakroom personnel.
Cloakroom items may only be returned without a cloakroom ticket if it can be proven that the visitor is the authorised recipient.
If no cloakroom is provided by the Supplier, the Participant is responsible for the security of his/her own belongings.
§ 4 Lost and found
Items of all kinds that are found on the premises of the tango event must be handed in to the evening or cloakroom staff. After waiting a reasonable period time, these items shall be transferred to the lost and found office of the city of Regensburg.
3 Data Privacy
We attach great importance to the protection of your data and the safeguarding of your privacy. We therefore inform you in the following about the collection and use of personal data when using our website.
§ 1 Collection, processing and use of personal data
We collect personal data (details of personal or factual circumstances regarding a specific or identifiable natural person) only to the extent provided by you.
Your personal data is processed and used to fulfil and process the contractually agreed services and to process your enquiries.
§ 2 Forwarding of data to third parties and contractors
Your data will not be forwarded to third parties. Anything to the contrary shall only apply if we are legally obliged to do so or if this is necessary to fulfil the contractual relationship with you. In these cases, however, the scope of the transmitted data is limited to the required minimum. Wherever service providers come into contact with your personal data, the Supplier shall ensure that they comply with the regulations of the data protection laws.
§ 3 Communication of the personal invitation
Furthermore, your data will be used for communication purposes if this information is not yet available to the Supplier. Electronic and postal information will only be sent to the extent permitted by law or if you have given the Supplier permission to use your data with your consent. Of course, the provision of your data for use is voluntary and you have the option of deleting your data at any time.
§ 4 Data security
In order to ensure optimal protection of your data against unauthorised access, various technical and organisational measures as well as encryption techniques are used. Of course, assistants have been obliged to maintain data secrecy in accordance with the GDPR.
§ 5 Your rights / Data Protection Officer
You have the right to receive information about your personal data stored by us at any time. You also have the right to correct, block or, apart from the prescribed data storage for business transactions, delete your personal data. Please contact our data protection officer. You will find the contact details at the bottom.
To ensure that data can be blocked at any time, this data must be stored in a block file for control purposes. You can also request the deletion of the data, as far as no legal archiving obligation exists. If such an obligation exists, we will block your data on request.
You can make changes or withdraw your consent by notifying us accordingly with effect for the future.
For further information, please refer to the DATA PRIVACY STATEMENT.
1 § Contents
The content of these pages has been and will be carefully edited and checked. However, the Supplier shall assume no liability for the topicality, accuracy, completeness or quality of the information provided.
Liability claims against the Supplier relating to material or immaterial damage caused by the use or non-use of the information provided or by inaccurate or incomplete information are generally excluded, unless there is evidence of wilful intent or gross negligence on the part of the Supplier.
The Supplier expressly reserves the right to change, supplement, delete or cease publication of parts of the site or the entire offer without prior notice.
§ 2 Links
Where the Supplier refers directly or indirectly to external Internet pages, the Supplier shall not be held liable in the case of illegal contents on these Internet pages.
The Supplier hereby expressly declares that the linked pages did not contain any illegal content at the time the links were created. The Supplier has no influence on the current and future design of the linked pages. The Supplier therefore expressly disassociates itself from all content changes that are made on the linked pages after the links have been set. This also applies to external entries in guest books, forums etc. set up by the Supplier.
§ 3 Copyright
The Supplier shall endeavour to observe applicable copyrights in all publications. Should a copyright infringement nevertheless occur, the Supplier will remove the corresponding object from its publication after notification or mark it with the corresponding copyright.
All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the respective valid trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights.
The copyright for the contents on the domain https://www.nochedepasion.net belongs solely to the Supplier. Duplication of graphics, pictures or texts in other electronic or printed publications is not permitted without the express consent of the Supplier.
§ 4 Legal validity
This liability disclaimer is to be regarded as part of the Internet offering from which you were referred. If sections or individual formulations of this text are not or are no longer legal or correct, the content and validity of the other parts of the document shall remain unaffected.
5 General Terms and Conditions for Contractual Relationships with Entrepreneurs
An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity. A partnership with legal capacity is a partnership with the ability to acquire rights and enter into liabilities. (§ 14 German Civil Code).
The Supplier shall be liable without limitation for damages resulting from injury to life, limb or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, the assumption of guarantees, damages under the Product Liability Act and in all other legally regulated cases.
If essential contractual obligations are affected, the liability of the Supplier in case of minor negligence shall be limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations which arise from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on the Supplier according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and upon whose compliance the contractual partner may regularly rely.
In the event of a breach of unessential contractual obligations, liability for minor negligent breaches of obligations shall be excluded.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at any time according to the current state of the art. In this respect, the Supplier shall not be liable for the permanent or uninterrupted availability of the website and the services offered on it.
German law shall apply to the exclusion of UN sales law. The place of performance for all services arising from the business relations existing with the seller as well as the place of jurisdiction is the registered office of the Supplier. The authority to appeal to the court at another legal place of jurisdiction shall remain unaffected by this.
General Terms and Conditions of Business NocheDePasion_updated 3 July 2018