Here you find the General terms & conditions of the Oberammergau Passion Play 2020 for Tour Operators and Resellers.
As of 05.03.2017
1. Tour Operator/Reseller, Portal, Definitions
Via the portal for tour operators/resellers www.passionsspiele-oberammergau.de/en/agencies/registration (hereinafter “Portal”) of Passionsspiele Oberammergau Vertriebs GmbH & Co. KG, Eugen-Papst-Str. 9a, 82487 Oberammergau, Germany, email: email@example.com, fax: +49 (0)8822 949 88 76 (hereinafter “POV”) only tour operators or so-called resellers shall generate booking requests for services regarding the Oberammergau Passion Play of 2020 (hereinafter “Oberammergau Passion Play”). Anyone who states on the Portal to be a tour operator and thereby confirms to sell the services advertised via the Portal in his/her own name and for his/her own account as tour operator to tourists according to sections 651a et seqq. of the BGB (German Civil Code) shall be “Tour Operator” according to these terms and conditions. Anyone who states on the Portal to be a reseller and thereby confirms to sell the services advertised via the Portal in his/her own name and for his/her own account to third parties who are not tourists according to sections 651a et seqq. of the BGB shall be “Reseller” according to these terms and conditions. Only Tour Operators and Resellers are entitled to generate booking requests via the Portal. A travel security note (“Reisesicherungsschein”) according to section 651k of the BGB shall not be issued.
2. Contractual Relationships of the Tour Operator/Reseller
2.1. The Tour Operator/Reseller shall conclude two contracts with different parties, each containing a number of services: one contract with the POV and another contract with the municipality of Oberammergau (Eigenbetrieb Oberammergau Kultur), Ludwig-Thoma-Straße 10, 82487 Oberammergau, Germany (hereinafter “GO”). Both contracts together shall hereinafter be referred to as “Contracts”.
2.2. The services of the POV and the GO for one person shall be referred to as “Arrangement”.
2.3. The services of the POV in an Arrangement shall consist of one or several overnight accommodations for one person in an accommodation (the number of overnight accommodations and the accommodation’s category derive from the respectively booked Arrangement), a bus transfer for this person from the accommodation to the venue of performance of the Oberammergau Passion Play und back as well as a Passion lunch for this person. The Passion lunch shall happen during the break of the Oberammergau Passion Play in a place to be defined by the POV at its reasonable discretion. Arrangements for 2 nights include 1x3 course menu on day of arrival.
2.4. The services of the GO in an Arrangement shall consist of one ticket for one person to the Oberammergau Passion Play at the respectively booked date (“Ticket”) as well as the provision with a programme book of the Oberammergau Passion Play 2020.
2.5. The GO has authorised the POV comprehensively to perform all necessary acts to conclude contracts, execute contracts and rescind contracts as well as to make and receive declarations in the name of the GO, especially to receive due considerations and advance payments which are due to the GO.
3. Contract Conclusions, Alteration, Non-binding Special Requests
3.1. The Tour Operator/Reseller shall generate a non-binding booking request electronically via the Portal. This booking request shall not be considered as offer to conclude Contracts but merely as invitation to make an offer to conclude Contracts (“Offer”) in writing. There shall be no claim to the make an Offer.
3.2. The Tour Operator/Reseller shall receive an Offer in writing. The Offer may only be accepted in its entirety in the form described in Number 3.3 and 3.4 below. If the Tour Operator/Reseller responds to the Offer with a declaration which does not comply with the form described below, this shall not constitute as effective acceptance of the Offer and therefore no Contracts shall come into existence.
3.3. The Tour Operator/Reseller may accept the Offer by leaving the written Offer submitted by the POV unchanged, signing it with legally binding effect where indicated and returning the signed Offer to the POV either (i) as scanned document by email, (ii) by fax, or (iii) by ordinary mail (“Acceptance”). The Acceptance shall only be effective upon receipt by the POV.
3.4. The Offer shall only be regarded as effectively accepted if the Acceptance is received by the POV within the term stated in the Offer. If the declaration of the Tour Operator/Reseller is received by the POV after the term stated in the Offer, this shall be regarded as a new Offer by the Tour Operator/Reseller which may be accepted by the POV in writing within 7days starting with the receipt by the POV, although there is no obligation to do so.
3.5. If the Tour Operator/Reseller alters the Offer received in writing (e.g. deletes clauses, adds clauses, sets terms or changes dates) and returns the signed Offer (by email, fax or ordinary mail) to the POV, the Tour Operator/Reseller shall be obliged to indicate in a clear and immediately recognisable manner that alterations have been made by him/her and which clauses have been altered. If the Tour Operator/Reseller does not indicate clearly in his/her declaration that he/she has made alterations, they shall be regarded as not made and the Contracts (in case Acceptance was otherwise in due time and form) shall be regarded as concluded in the version corresponding to the Offer sent by the POV.
3.6. These terms and conditions shall also apply to all future conclusions of Contracts regarding the booking of Arrangements, even if their validity has not been agreed explicitly.
4. Written Form
4.1. Alterations of Contracts shall only be effective if they are executed in writing. Verbal alterations or alterations by telephone shall not be effective. This shall also include alterations of the written form requirement. Unilateral declarations (e.g. rescissions or cancellations) shall also be regarded as alterations of Contracts. Reminders may be submitted in any form, i.e. also by telephone or verbally. Alterations of Contracts which are not executed in the written form agreed upon shall be void (section 125 sentence 2 of the BGB).
4.2. Written form shall be defined by section 126b of the BGB. Normal emails or scanned documents which are sent by email shall also be regarded as maintaining the written form.
5. Non-binding Special Requests
If the Offer and/or the Acceptance contains non-binding special requests in the corresponding field, they shall not be regarded as part of the Offer/Acceptance and shall also not become part of the Contracts. These special requests shall be neither part nor requirement of the Offer/Acceptance but merely document the legally non-binding request of the Tour Operator/Reseller to consider the corresponding circumstance at the performance of the Contracts. Neither the POV nor the GO shall guarantee the fulfilment of special requests.
6. Charges and Payments, Consequences of Falling Short of 250 Arrangements
6.1. The sum of all charges due under the contracts shall hereinafter be referred to as “Charges” and also include the visitor’s tax to the GO. The Charges and all payments shall be transferred by the Tour Operator/Reseller to the POV to any of the bank accounts specified by the POV.
6.2. The Charges agreed upon at conclusion of the Contracts shall apply only to Contracts comprising at least 250 Arrangements. Contracts for fewer Arrangements shall not be concluded. If the number of the Arrangements falls below 250 Arrangements due to cancellations, the Charges agreed upon shall be increased by 20 %. The obligation to pay a cancellation fee for the cancelled Arrangements shall be unaffected, see number 8.
6.3. The following advance payments shall be paid and due
6.3.1. for a conclusion of the Contracts before 12.03.2018
(1) 5 % of the Charges upon conclusion of the Contracts;
(2) an additional 5 % of the Charges on 12.03.2018;
(3) an additional 15 % of the Charges on 12.03.2019 and
(4) an additional 75 % of the Charges for the respective Arrangements on the first day of the sixth month before the month in which lies the day of the first performance. The “Day of the First Performance” according to these terms and conditions shall be the first day of the overnight accommodation. Example: an Arrangement includes an overnight accommodation from 26.06.2020 to 27.06.2020. The “Day of the First Performance” is in this case 26.06.2020; therefore, the date the advance payment of 75 % of the Charges for this Arrangement is due is 01.12.2019;
6.3.2. for a conclusion of the Contracts between 12.03.2018 and 11.03.2019
(1) 10 % of the Charges upon conclusion of the Contracts,
(2) an additional 15 % of the Charges on 12.03.2019 and
(3) an additional 75 % of the Charges for the respective Arrangements on the first day of the sixth month before the month in which lies the Day of the First Performance;
6.3.3. for a conclusion of the Contracts between 12.03.2019 and one day before the first day of the sixth month before the month in which lies the Day of the First Performance
(1) 25 % of the Charges upon conclusion of the Contracts;
(2) an additional 75 % of the Charges for the respective Arrangements on the first day of the sixth month before the month in which lies the Day of the First Performance;
6.3.4. for a later conclusion of the Contracts the Charges in full upon conclusion of the Contracts.
6.4. An increase of the Arrangements shall be handled like a (new) conclusion of the Contracts regarding the advance payments, i.e. for the additional Arrangements the regulations of the numbers 6.1 to 6.3 are applied respectively.
6.5. If the Tour Operator/Reseller reduces (cancels) and increases the number of Arrangements at the same time, the corresponding regulations shall be applied separately to the reduction and the increase.
6.6. The POV shall provide the Tour Operator/Reseller with a so-called deposit invoice for every advance payment. The deposit invoice shall be a reminder according to section 286 (1) sentence 1 of the BGB and at the same set the time according to section 323 (1) of the BGB.
6.7. The Tour Operator/Reseller shall bear the costs of the money transfer.
7. Rescission by the POV
7.1. The POV may rescind the Contracts if there is a reason for rescission (sections 323, 324 of the BGB). A right to rescind shall especially exist if the Tour Operator/Reseller has not paid in full an amount which has become due within fourteen days after receipt of a deposit invoice. The crediting of the payment in an account of the POV shall be material for the observance of the term. The rescission shall be made in writing and may be limited to a specific number of Arrangements.
7.2. Upon rescission, the Tour Operator/Reseller shall be obliged to pay the cancellation fee (see number 8) agreed upon, unless (i) the circumstances entitling to the cancellation are beyond the control of the Tour Operator/Reseller or (ii) he/she can prove that no or only an amount significantly lower than the fee is due to the POV or the GO. If the amount is significantly lower, this amount shall be paid. For the amount of the fee the time of the transmission of the rescission notice to the Tour Operator/Reseller shall be material.
8. Cancellation by the Tour Operator/Reseller
8.1. The Tour Operator/Reseller may cancel one or multiple booked Arrangements in writing. The cancellation shall only be possible for both Contracts together.
8.2. In case of a cancellation instead of the Charges agreed, a cancellation fee shall be paid in the following amount:
8.2.1. 5 % of the Charges for a cancellation until 31.03.2018.
8.2.2. 10 % of the Charges for a cancellation between 01.04.2018 and 31.03.2019.
8.2.3. 25 % of the Charges for a cancellation between 01.04.2019 and the 180th day before the Day of the First Performance.
8.2.4. 30 % of the Charges for a cancellation between the 179th day before the Day of the First Performance and the 141st day before the Day of the First Performance.
8.2.5. 50 % of the Charges for a cancellation between the 140th day before the Day of the First Performance and the 91st day before the Day of the First Performance.
8.2.6. 90 % of the Charges for a cancellation between the 90th day before the Day of the First Performance and the last day before the Day of the First Performance.
8.2.7. 100 % of the Charges for a cancellation from the first day of performance.
8.3. The cancellation fee shall be due immediately. The cancellation fee shall be set off against the advance payments for the cancelled Arrangements.
8.4. If the Tour Operator/Reseller cancels an Arrangement within less than 180 days before the Day of the First Performance and this Arrangement could be resold by the POV/GO, the cancellation fee shall be reduced to 20 % of the Charges. The Tour Operator/Reseller shall receive immediately a credit for the differential amount.
8.5. The Tour Operator/Reseller may provide evidence to the fact that no or only an amount significantly lower than the cancellation fee is due to the POV or the GO. If he/she is able to provide evidence for a significantly lower amount, this amount shall be paid.
8.6. The amount of the cancellation fee shall be dependent on the time of the receipt of the cancellation by the POV. If the Day of the First Performance is relevant for the amount of the cancellation fee, the day shall be determined separately for each (cancelled) Arrangement.
8.7. Apart from that the Tour Operator/Reseller shall not be able to terminate the Contracts ordinarily (not even in part) or rescind (not even in part) the Contracts without reason. The right of rescission according to sections 323, 324, 634 No. 3 of the BGB shall remain unaffected by this.
9.1. A change of names of the persons for which the POV and the GO is to provide the services for the Tour Operator/Reseller shall be possible free of charge.
9.2. All other rebooking shall only be possible if the respective Offer is available and POV and GO agree thereto.
9.2.1. In case of a rebooking until the 31.03.2019 in the form of a change of dates (with the same accommodation- and Ticket category) no rebooking fee for the rebooking itself shall arise. Apart from that the Charges agreed upon shall persist.
9.2.2. In case of a rebooking as of 01.04.2019 in the form of a change of dates (with the same accommodation- and Ticket category) and generally regarding all other rebooking (rebooking into a higher and/or lower accommodation- and/or Ticket category) a rebooking fee in the amount EUR 10 (net) per Arrangement shall arise for the rebooking itself. Apart from that the Charges for the Arrangement in the rebooked category shall be paid. In case that within one rebooking several parameters regarding one Arrangement are changed at the same time (e.g. another date and a higher accommodation- and Ticket category of an Arrangement), the rebooking remains at EUR 10 (net) per Arrangement.
9.2.3. The Tour Operator/Reseller may provide evidence to the fact that no or only an amount significantly lower than the rebooking fee is due to the POV or the GO. If he/she is able to provide evidence for a significantly lower amount, this amount shall be paid.
9.3. The rebooking fee shall be due immediately. Regarding the Charges for the Arrangements (and the Ticket and overnight accommodations therein) the same due dates shall apply as for the conclusion of a new contract.
10. Adjustment of Charges in Case of the Adjustment a Tax Under Public Law, Fee or Levy
10.1. The Charges for the respective services shall be adjusted automatically under the following circumstances without the need of a separate notification.
10.2. An adjustment of the Charges shall only take place if the Day of the First Performance is more than four full months after the conclusion of the Contracts. The period of at least four months shall refer to the individual Arrangement.
10.3. If a tax under public law, fee or levy (“Levy”) regarding the booked Arrangements which must be paid by the POV and/or the GO due to the Contracts with the Tour Operator/Reseller, are after the conclusion of the Contracts
(1) introduced, the Charges agreed upon shall be increased by the amount of the introduced Levy,
(2) increased, the Charges agreed upon shall be increased by the amount of the increase of the Levy,
(2) reduced, the Charges agreed upon shall be reduced by the amount of the reduction of the Levy;
(3) abolished, the Charges agreed upon shall be reduced by the amount of the abolished Levy.
The adjustment of the Charges shall happen in the amount that the POV or the GO has to pay more or less regarding the respective Arrangement.
10.4. In case the Charges for an Arrangement increase by more than 5 % due to an adjustment of Charges, the Tour Operator/Reseller has the right to resign from the respective Arrangements at no cost. The right to resign can only be exercised within 7 days after knowledge of the adjustment of Charges.
11. Obligation to Give Notice of Defects by the Tour Operator/Reseller
11.1. If the Tour Operator/Reseller has the impression that services of the POV or the GO are not or not in conformity with the Contracts provided, he/she shall notify the POV immediately of this fact.
11.2. The notice of defect shall be executed in writing stating in detail the circumstances which the Tour Operator/Reseller considers as not in conformity with the Contracts.
12. Obligations of the Tour Operator/Reseller
12.1. The Tour Operator/Reseller shall omit anything which could convey the false impression that the POV and/or the GO were tour operators according to sections 651a et seqq. of the BGB. The Tour Operator/Reseller shall be the only contracting party for the POV and the GO. The Tour Operator/Reseller shall only obtain services from the POV and the GO. Therefore, neither the POV nor the GO shall be tour operators. The Tour Operator shall especially omit to allege and/or to convey the impression that the POV or the GO were organisers or joint organisers of the trips offered by Tour Operator.
12.2. The Tour Operator/Reseller shall not make incorrect statements to his/her customers regarding the content of the services he/she obtains from the POV or the GO. The Tour Operator/Reseller shall especially make no further commitments.
12.3. The Tour Operator shall commit to perform all obligations of a tour operator to his/her customers, especially the corresponding obligations regarding information, explanation and notification, also of requirements regarding passport, visa and health and the delivery of a travel security note (“Reisesicherungsschein”).
12.4. The Tour Operator/Reseller has to ensure that his/her visitors to the Oberammergau Passion Play wear appropriate clothing and behave in an appropriate manner, in particular do neither disturb the Oberammergau Passion Play nor other visitors. The Tour Operator/Reseller further has to ensure that his/her visitors omit to make audio-, picture- and/or videorecordings of the Oberammergau Passion Play. The Tour Operator/Reseller further has to inform his/her visitors that audio-, picture- and videorecordings are made at the Oberammergau Passion Play, which can include the visitors and that these recordings are commercially used in any usual manner without the visitors having a claim to remuneration.
13. No Assignment of Claims
The Tour Operator/Reseller shall not be able to assign his/her claim to performance under these contracts. He/she shall also not be able to assign other claims under these contracts, especially those to subsequent performance or compensation. An assignment is possible if POV and GO provide their prior express approval in each case. POV and GO will act upon reasonable discretion and only deny their consent in case objective reasons exist.
14. Handling of Complaints of the Customers of the Tour Operator/Reseller
14.1. There shall be no contractual relationship between the POV or the GO and the customers of the Tour Operator/Reseller. The Tour Operator/Reseller shall handle complaints of his/her customers himself/herself. The Tour Operator/Reseller shall omit to refer his/her customers to the POV and/or the GO regarding complaints or the assertion of claims.
14.2. The right of the Tour Operator/Reseller to contact the POV or the GO in his/her own name regarding own alleged claims shall remain unaffected.
15. No Validity of Terms and Conditions of the Tour Operator/Reseller
Terms and Conditions or Order Conditions of the Tour Operator/Reseller shall not apply. This shall also apply in the case that the Tour Operator/Reseller should refer to these at contract conclusion or after that and the POV or the GO do not object to them.
16. Exclusion of a Set-off and the Exercise of a Right of Retention
The Tour Operator/Reseller shall only be able to set off a claim or exercise a right of retention against the POV and/or the GO if and to the extent to which the claim of the Tour Operator/Reseller is undisputed or legally finally determined.
17. Limitation of Liability
17.1. The POV and the GO and their vicarious agents shall not be liable for property damages or purely financial losses, unless a breach of an essential contractual obligation is concerned. “Essential contractual obligations” are those, whose non-performance would jeopardise the achievement of the purpose of the contract. Examples are the obligation to provide an accommodation or the entry to the Oberammergau Passion Play.
17.2. The POV and the GO and their vicarious agents shall be liable for property damages or purely financial losses if a breach of an Essential contractual obligation is concerned only in the compensatory amount of triple the Charges agreed upon, depending on the concerned Arrangement or Arrangements regarding the Charges.
17.3. The rights or claims according to sections 323, 324, 634 numbers 1, 2 and 3 of the BGB shall remain unaffected by the limitation of liability.
17.4. The abovementioned limitations of liability shall not apply in case of damages arising from injury to life, body or health and also not in case of wilful or grossly negligent violations of duty by the POV, the GO or their vicarious agents.
18. Term of Preclusion
18.1. The Tour Operator/Reseller may only assert claims against the POV or the GO from or in connection with an Arrangement within three months of the last day of performance. The same shall apply to the exercise of rights (e.g. rescission). The last day of performance shall be the day of the departure from the accommodation.
18.2. If the POV and/or the GO do not admit the asserted claims or the exercised right within the term, the Tour Operator/Reseller shall have to bring an action within three additional months.
18.3. Otherwise the claims shall become extinct after the expiry of the term and the exercise of rights shall be excluded.
18.4. Claims arising from the injury of life, body or health as well as claims based on a wilful or grossly negligent violation of duty shall not be recognised by the terms of preclusion.
19. Modification of the Terms and Conditions
19.1. The POV/GO may modify these terms and conditions by providing the Tour Operator/Reseller with the new terms and conditions in writing. The Tour Operator/Reseller shall have two weeks after receipt of the new terms and conditions to object to the validity of the new terms and conditions in writing. If the Tour Operator/Reseller does not object within two weeks after the receipt of the new terms and conditions in writing the new terms and conditions shall be agreed upon. The Tour Operator/Reseller shall be notified of the consequences of a failure to object within the term upon provision of the new terms and conditions. If the Tour Operator/Reseller objects to the new terms and conditions within the term of two weeks after their receipt in writing, the terms and conditions originally agreed upon shall continue to be in force.
19.2. Apart from that, the POV/GO shall be entitled to modify these terms and conditions at any time by unilateral declaration in writing at their reasonable discretion. The modification shall only be allowed to happen with regard to the content of such regulations which deviate from or amend legal provisions.
20. Validity of the German Version
The English version of the terms and conditions shall only serve an informative purpose. For the Contracts only the German version of the terms and conditions shall be the authoritative version.
21. Severability Clause
21.1. If one provision of these Contracts or the terms and conditions should be or become ineffective or unenforceable, in full or in part, the effectiveness and enforceability of the remaining provisions shall remain unaffected by this.
21.2. The parties shall commit to enter an effective and enforceable arrangement which approximates as closely as possible to the ineffective or unenforceable provision.
22. Applicable Law, Place of Performance and Venue
22.1. German law shall apply with the exclusion of the UN Sales Convention. The application of the rules of international private law, especially the conflict of law rules of German law, shall also be excluded. For both Contracts Werkvertragsrecht (Contract Law for Work and Labour) (sections 631 et seqq. of the BGB) shall apply complementary. Section 334 of the BGB shall not be excluded.
22.2. Place of performance of all obligations of the POV, the GO and the Tour Operator/Reseller shall be Oberammergau, Germany.
22.3. Place of jurisdiction shall be Garmisch-Partenkirchen, Germany.