General Terms and Conditions of the non-profit limited liability company known as Museen der Hasso Plattner Foundation gGmbH
Tickets
1. Scope of application
The following business conditions and terms of payment apply to both the Museum Barberini and DAS MINSK Kunsthaus in Potsdam for the acquisition of entrance tickets, annual season tickets and vouchers, as well as the acquisition of tickets for guided tours (e.g. guided tours for the general public and for groups, auditorium group introductions, Online live tours) and events (e.g. lectures, readings and concerts) within the premises of the Barberini Museum (hereinafter: the “Products“) offered by Museen der Hasso Plattner Foundation gGmbH (hereinafter: the “Provider“).
For the visit of the exhibitions and events, the house rules of the respective house apply additionally.
2. Contract conclusion
The Products may either be purchased at the ticket counters or booked via the respective visitor services units, the museum websites or by using the Barberini App (only applicable for the Museum Barberini).
The offer to enter into a contract is invariably made by the customer (e.g. by clicking the box “order”). Acceptance by the Provider—and the resultant contract conclusion—occurs by way of the Product’s physical delivery or by sending a confirming e-mail, with the given Product attached in the annex, to the e-mail address indicated by the customer. The purchase or booking will become binding upon acceptance and may only be cancelled subject to the conditions set out below.
The Products are sold to end customers and authorized resellers only. In the case of a non-authorized resale the Provider reserves the right of rescission for a period of 30 days after contract conclusion pursuant to the foregoing provision.
3. Prices and payment
The indicated prices for the products include 7% VAT.
In the case of a purchase via the respective museum website or the Barberini App (for the Museum Barberini), payment by the customer is made in advance either by credit card (Visa/ MasterCard) or PayPal. If a Product is purchased at the ticket counters, it will be possible to pay either in cash, by debit card or by credit card (Visa or MasterCard). Payment of Products booked via the visitor services units will be made against invoice.
4. Admission
At the entrance to the respective museum, the given Product is to be presented either in printed form or in digital form on the display of a smartphone or tablet. Admission will only be possible against presentation of a ticket with a completely readable barcode. The Provider is under no obligation to admit persons presenting or showing a Product that had already been presented or shown by another person before, thus having been voided.
5. Special conditions for individual products
a) Entrance tickets
Entrance tickets are tied to a quarter-hour time slot booked by the customer, i.e. they entitle the visitor to be admitted to the exhibition premises as stated on the entrance ticket only on the day booked and within the time slot booked. Depending on the number of visitors, queue times at the entry control point may be possible. The stay at each museum is limited to 4 hours.
b) Annual season tickets
Annual season tickets for the Museum Barberini are valid for the Hasso Plattner Collection as well as all exhibitions of the Museum Barberini during the entire opening hours.
Annual tickets of the MINSK are valid for all exhibitions of the MINSK during the entire opening time.
Annual tickets PLUS are valid for the Hasso Plattner Collection, all exhibitions of the Museum Barberini as well as for all exhibitions of the MINSK during the entire opening time.
There may be waiting times at the admission control depending on the rush of visitors.
Annual season tickets are valid for a period of 12 months after the date of issue. Being issued to one particular person, they may not be transferred. For every visit an identity card bearing a photograph is to be presented in addition to the annual season ticket.
If an annual season ticket is lost or missing, a replacement ticket may be issued against payment of a 5 EUR processing fee. In this case the annual season ticket lost or missing will become invalid.
c) Vouchers (multi-purpose vouchers)
(Gift) vouchers (multi-purpose vouchers) issued by the Provider may be redeemed at the museum’s ticket counters and—to the extent purchased after June 1, 2019—also at the Museum Cafés. They are valid for three years; the period of validity begins at the end of the year in which the relevant voucher was purchased. Vouchers cannot be redeemed online.
Vouchers purchased prior to June 1, 2019, may solely be redeemed in whole, i.e. at the level reflecting the value of the entire voucher. As regards vouchers sold later, it will also be possible to redeem them in part. In order to be admitted to the exhibition premises the customer must have booked a (free) time-slot ticket (cf. subsections a and b above).
In case of loss of a voucher, no replacement can be provided.
d) Event tickets
If and to the extent expressly stated on the website of the Museum Barberini or DAS MINSK for an event, an event ticket also entitles the holder to visit the respective museum on the day of the event after the event. Any deviations will be indicated on the website of the event in question.
e) Group tours and group introductions at the auditorium
Guided tours for groups and group introductions, including the relevant entrance tickets, can only be booked via the visitor services units.
Bookings of group tours and group introductions at the auditorium will, after a positive booking confirmation, be conducted by a guide chosen and engaged by the Provider. The number of participants indicated in the booking confirmation is binding.
Guided tours offered or conducted by third parties are not permitted.
f) Online live tour
Online live tours are a private guided tour conducted by a guide chosen and engaged by the Provider with a camera and virtually transmitted via the Internet.
When booking this tour, the customer will be granted the number of online accesses to a virtual conference room as placed in the order. The technical prerequisites indicated on the Provider's website must be provided by the customer. Technical problems falling within the customer’s sphere of responsibility, if any, will not entitle the customer to claims against the Provider. Audio or video recording of the tour is not permitted.
6. Discounted and free Products
Discounted or free entrance tickets, guided tours and event tickets will only be valid together with supporting documents. They are to be presented at the respective museum's ticket counter and/or entrance. Customers who are unable to present the supporting documents will be required to purchase regular tickets or to pay the equivalent price difference at the ticket counter.
7. Cancellation / right of revocation
Generally, products booked for a specific date or time (e.g. entrance tickets, event tickets or tickets for public guided tours) may not be cancelled or revoked (sec. 312 g (2) no. 9 BGB [German Civil Code]).
This does not apply to booked group guided tours, group guided tours in the auditorium and group live tours (hereinafter referred to collectively as group event) as well as associated admission tickets:
a) Up to 14 days before the booked date, a change in the number of participants in the booked group event is possible. The change must be made either by letter to the Museums of the Hasso Plattner Foundation gGmbH, Alter Markt 3, 14467 Potsdam, Germany, or by e-mail to besucherservice@museum-barberini.de or besucherservice@dasminsk.de.
b) Cancellation of the group event is possible either by letter to the Museums of the Hasso Plattner Foundation gGmbH, Alter Markt 3, 14467 Potsdam or by e-mail to besucherservice@museum-barberini.de or besucherservice@dasminsk.de. Cancellations made up to 14 calendar days before the event will be charged a fee of 25 EUR. Cancellations made from 13 calendar days up to 24 hours before the event will be charged a fee of 105 EUR. Payments already made will be refunded after deduction of this contribution towards expenses, otherwise the customer will only be charged the contribution towards expenses. In case of cancellation after the aforementioned deadline or in case of non-appearance of the group at the agreed date, the full invoice amount is due. Decisive for compliance with the deadline is the receipt of the cancellation by the provider. The customer must provide proof of this. Cancellation of individual services is not possible.
c) Cancellation of offers designed for school classes and kindergarten groups is free of charge. Cancellation is possible either by letter to the Museums of the Hasso Plattner Foundation gGmbH, Alter Markt 3, 14467 Potsdam or by e-mail to besucherservice@museum-barberini.de or besucherservice@dasminsk.de.
d) Vouchers, furthermore multi-purpose vouchers, not purchased at the Museum ticket counter or in the museum webshop (https://shop.museum-barberini.de/ or https://tickets.dasminsk.de/) by a consumer shall be subject to the 14-day right of revocation fixed by law.
8. Liability
In the case of willful intent or gross negligence, the Provider will be liable according to the statutory provisions; in all other respects—unless provided for otherwise below—only in the event that a contractual duty is breached whose fulfilment would make the proper performance of the contract possible in the first place and on whose observance the customer may normally rely (known as cardinal duty), such liability being limited to the foreseeable and typical damage. In all other cases liability is excluded, except if the damage is based on injury to life, the body or health. The foregoing shall, in each case, likewise apply in the event that the relevant act is committed by a representative or vicarious agent of the Provider.
The Provider may, for structural or organizational reasons and by reason of force majeure (e.g. natural disasters, epidemics, wars or government orders) or other circumstances beyond the Provider’s control, close the Barberini Museum as well as DAS MINSK or individual exhibition sections, cancel events or bar access to certain exhibits. The Provider will further be entitled to close the respective museum in the light of the Provider’s duty to maintain the safety of the premises or to impose special conditions of use in a situation where the Provider may assume at its reasonable discretion that health risks to the visitors would emerge or aggravate as a result of the opening of the museum, which would, in particular, be true where relevant warnings or recommendations had been issued by government authorities.
In the case of a total closure or cancellation of an event or guided tour for any of the reasons referred to above, the Provider shall—to the extent practicable—promptly inform the customer and offer an equivalent alternative. At the customer’s request the Provider will refund the price of the Product (however, with the exception of annual season tickets). More extensive claims for compensation of damage are excluded in such cases. A partial closure or inaccessibility shall not entitle the customer to claim a price reduction.
The postponement of the dates scheduled for events or guided tours shall not entitle the customer to claim a price reduction.
In the event that a visitor is banned from entering the premises due to his or her breach of the house rules, there shall be no claim to a refund of the price paid for the Product concerned.
9. Data protection
For the purpose of carrying out the contractually agreed transaction the Provider shall, throughout the duration of the contractual relationship—or beyond its termination, to the extent that and as long as a period of retention is imposed by law—store and use the customer’s name, date of birth and address, as well as e-mail address and phone number in accordance with the provisions of the EU’s General Data Protection Regulation and Germany’s Federal Data Protection Act. With the customer’s explicit consent the data may also be added to a general address database kept by Museen der Hasso Plattner Foundation gGmbH for recipients of information about the Barberini Museum and its events. More detailed information concerning data protection is available at www.museum-barberini.de/datenschutz/ and www.dasminsk.de/datenschutz.
10. Final provisions
If individual provisions are or become null and void or ineffective, the validity of the remaining contract shall not be affected thereby. The law of the Federal Republic of Germany shall exclusively apply. The application of the UN Sales Convention is excluded. Sole place of performance for delivery, service and payment shall be Potsdam. Place of jurisdiction for disputes with merchants, legal entities under public law and special funds under public law, as well as persons having their place of residence or habitual abode abroad, shall be Potsdam.
In the event that these General Terms and Conditions are changed, these terms and conditions shall continue to apply unchanged to past/present orders and reservations.
The Provider will not participate in any dispute settlement proceedings before a consumer arbitration board.
Rev. March 1, 2023
Pictorial materials
All photographs and image and video files presented on our website are protected by copyright. The same goes for texts and sound recordings and the 360-degree tours of the exhibitions and the collection presented on our website.
Without our consent, none of these copyrighted materials must be published, reproduced, disseminated, made publicly accessible or otherwise be used or passed on to third parties in a way relevant to copyright, in particular not for commercial purposes. In individual cases, the consent of collecting societies and stock photo agencies etc. may have to be obtained. Therefore, please contact us if you wish to use copyrighted materials. In the case of unauthorized use, you must expect to be sued by us or other rights holders.
Rev. June 28, 2022
RENTAL
General rental and business conditions of the museums of the Hasso Plattner Foundation gGmbH for events at DAS MINSK Kunsthaus in Potsdam
1. Scope of Application
a) These General Terms and Conditions of Rental and Business ("GTC") apply to contracts between the museums of the Hasso Plattner Foundation gGmbH ("Lessor") and customers ("Renter") regarding the provision of premises of DAS MINSK for the purpose of holding events (seminars, conferences, etc.) and other services and deliveries provided in this context (in each case an "Event Contract"). The version of the GTC that is valid at the time the contract is concluded shall apply.
b) General terms and conditions of the Renter only apply if the Lessor has expressly agreed to them in writing.
2. Conclusion of Contract
a) The Event Contract, of which these GTC are an integral part, is concluded by written acceptance of a written offer, a scanned copy sent via email by either party is sufficient.
b) In urgent cases, the conclusion of an oral contract shall also be binding. In such a case, the Lessor shall confirm the Event Contract in writing (within the meaning of Section 2.a) of these GTC above). This also applies to subsequent changes to the Event Contract, which can also be confirmed in text form, i.e. by e-mail.
c) The Lessor is bound to a written offer for 7 calendar days, i.e. he will not make any other rental for the same date without prior consultation with the Renter. The Renter is obliged to notify immediately of any cancellation of the reserved date.
3. Organizers, Legal Relationships
a) The Renter is the organizer of the event to be held in the rented premises and is obliged to clearly indicate this in all publications and announcements.
b) Before the event takes place, the Renter must designate a responsible event manager to the Lessor, who must be present at all times during the event and available to the Lessor.
c) The conclusion of the Event Contract does not establish a corporate relationship between the Lessor and the Renter. There is only a contractual relationship between the Renter and the event visitor, not between visitors or other third parties and the Lessor.
4. Subject matter of the contract
a) The object of the Event Contract is the provision of the rooms and facilities of DAS MINSK designated therein for the agreed purpose of the event on the agreed date; Traffic areas (e.g., corridors) and toilets of DAS MINSK may be used.
b) The type and scope of the additional services to be provided by the Lessor(e.g., museum tours, organization/handling of services such as security, cleaning, use of lockers) are specified in the respective Event Contract; the same applies to any loss of revenue incurred by the Lessor as a result of the event and to be reimbursed by the Renter.
c) The Renter is responsible for obtaining any necessary permits for the implementation of their event from the competent authority at their own expense and must comply with any requirements as well as construction and operational requirements of the Lessor on his own responsibility. If the event cannot be held because the Renter has not submitted the necessary permit applications in time, the necessary permits have not been issued or official requirements have not been met, Sections 7 a)bb) and 7 b)bb) of this contract apply (the Lessor's right of withdrawal and full obligation to pay remuneration, taking into account saved expenses).
d) The Renter is solely responsible for the proper registration of the event (including with GEMA or relevant collecting societies and publishers). The Lessor can demand appropriate evidence from the Renter and the Renter indemnifies the Lessor against any claims by third parties.
e) Catering and event technology are not provided directly by the Lessor. These services for the event must be obtained exclusively from
aa) the Renter of Café HEDWIG, Urstrom Jersey ́s, Kummersdorfer Weg 3, 14947 Nuthe-Urstromtal, e-mail: cafe@dasminsk.de
bb) Trollwerk Production GbR, Schiffbauergasse 4i, 14467 Potsdam, e-mail: info@trollwerk.de
Other service providers are only permitted with the written consent of the Lessor.
5. General rules of use
a) In addition to these GTC, the current version of DAS MINSK House Rules applies to all events, and the Renter must ensure that both they and their employees and guests comply with them (in particular the regulations for the protection of the exhibited works of art). The Renter and participants of the event must comply with the instructions of the Lessor’s security personnel. Event participants can be excluded from the event by the security staff and expelled from the museum in the event of violations of the house rules.
b) Image, film, and sound recordings of any kind by the Renter or third parties commissioned by them require the prior written consent of the Lessor.
c) The rented premises may only be used for the agreed purpose. A violation entitles the Lessor to immediately end the event. In such a case, the renter/organizer is not entitled to compensation. Any logo placement by the Renter must be agreed upon in advance with the Lessor.
d) Larger structures, especially tents, are not permitted on the terrace or forecourt. Food and drinks can only be consumed in the café, unless otherwise agreed in writing. To protect the floor, red wine and other strongly colored foods and drinks may not be served.
e) In all premises of DAS MINSK as well as in the outdoor area, any form of open fire is strictly prohibited. This also applies to candles.
6. Services, Payment, Offsetting
a) The Lessor is obliged to provide the agreed upon services in the Event Contract. The Renter is obligated to pay the agreed upon remuneration (plus statutory VAT), for these services and any additional services utilized. This also applies to services commissioned by the Renter, either directly or through the Lessor, which are provided by third parties and paid in advance by the Lessor.
b) The Lessor's payment claim is due within 10 calendar days of receipt of the invoice by the Renter. In the event of any default of payment, statutory default interest shall apply. The Lessor is entitled to request a reasonable advance payment or security deposit at the time the contract is concluded.
c) The Renter may only offset claims against the Lessor’s payment claims if the Renter’s counterclaim is undisputed or has been confirmed by a final court judgment.
7. Withdrawal / Cancellation
a) The Renter may cancel the Event Contract at any time but is required to pay a cancellation fee as compensation for lost revenue, calculated as follows. The relevant date is when the Lessor receives the Renter’s written notice of cancellation:
aa) If the cancellation is received more than four weeks before the event date, no cancellation fee will be charged, and any advance payments will be refunded to the Renter;
bb) If the cancellation is received less than four weeks before the event date, the Renter must pay the full agreed fee. This also applies if the Renter fails to hold the event on the contractually agreed upon date and/or does not make use of certain agreed services, either in whole or in part, without having formally cancelled the contract.
Any expenses the Lessor saves as a result of the cancellation or non-performance, or any income gained from re-letting the venue, will be deducted from the amount owed. The Renter bears the burden of proof for such deductions.
b) The Lessor may terminate the Event Contract without notice–without prejudice to any further statutory rights of termination– if there is a valid reason. In particular, this applies if:
aa) the Renter has provided misleading or false information, or has withheld material facts (e.g. regarding the Renter’s identity, financial standing, or the purpose of the event);
bb) the event lacks official permits or approvals;
cc) the Lessor has reasonable grounds to assume that the event may disrupt operations, endanger public safety or order, or damage the Lessor’s public reputation, and such risks are not attributable to the Lessor;
dd) the Renter fails to fulfil statutory, regulatory, or contractually agreed obligations to notify or make payments to the Lessor, authorities, fire department, emergency services, or GEMA in connection with the event;
ee) force majeure or other circumstances beyond the Lessor’s control (in particular natural disasters, war, political unrest, epidemics such as the COVID-19 pandemic, and associated official prohibitions) make it impossible to fulfill the contract. Section 9.c) of these terms remains unaffected.
If the Lessor exercises this right of termination, the Renter shall have no claims—particularly for damages or reimbursement of expenses. Section 6.a)bb) of these terms applies accordingly.
However, in cases of termination under Section 6.b)ee), only ancillary or additional services already provided by the Lessor shall be compensated, and costs shall only be reimbursed if they are reimbursable under the Event Contract and have already been incurred in advance by the Lessor.
c) Any cancellation or termination must be submitted in writing.
8. Changes
a) The maximum number of attendees specified in the Event Contract must not be exceeded. A reduction in the confirmed number of participants does not entitle the Renter to a reduction in the agreed fee.
b) If the agreed start or end times of the event are extended or delayed, the Lessor is entitled to charge a proportionally increased rental or usage fee and may invoice the Renter for any additional costs incurred as a result.
9. Liability of the Renter
a) The Renter is liable for all damages caused by themselves, their representatives, agents, vicarious agents, event participants, or visitors. The Renter shall indemnify the Lessor against any third-party claims arising therefrom, including fines imposed in connection with the event.
b) The Renter is responsible for the proper and complete return of all equipment, keys, and systems provided by the Lessor.
c) Any further liability under applicable statutory provisions remains unaffected.
d) For events taking place on or after January 1, 2021, the Lessor shall procure an organizer’s liability insurance policy with Mannheimer Versicherung for the benefit of the Renter under a framework agreement. The cost of this insurance is included in the handling fee. The insurance coverage per event amounts to EUR 3,000,000 as a lump sum for personal injury, property damage, and financial loss.
Under the insurer’s contractual terms, the following are also covered:
- Damage during loading and unloading, up to the full insured amount
- Handling/processing damage, up to EUR 10,000
10. Liability of the Lessor
a) The Lessor’s strict liability (i.e., liability without fault) for damages resulting from initial defects in the rented property is excluded.
b) In cases of intent or gross negligence, the Lessor is liable in accordance with statutory law. In all other cases — unless otherwise provided — the Lessor is only liable for breaches of essential contractual obligations (so-called cardinal obligations) whose fulfilment is essential for the proper execution of the Event Contract and on which the Renter may regularly rely. In such cases, liability is limited to foreseeable and typical damages. All other liability is excluded.
c) Without prejudice to Section 6.b) ee) of these terms, the Lessor may cancel or postpone an event or impose special usage conditions if, based on its duty of care and safety, it reasonably believes that holding the event would pose or increase health risks to participants — particularly where official warnings or recommendations have been issued. If no alternative date is agreed, the Lessor will refund any advance payments already made by the Renter. Further claims by the Renter, especially for damages, are excluded. A partial closure or restricted access to the venue does not entitle the Renter to reduce the agreed fee.
d) The Lessor is also not liable for damages resulting from measures taken to ensure safety and public order. If an event is restricted, cancelled, or interrupted due to a misjudged but reasonably presumed safety concern on the Lessor’s instruction, the Lessor is not liable for simple negligence. Liability is also excluded if an event must be interrupted, restricted, altered, cancelled, or terminated following instructions from authorities.
e) Where liability is excluded or limited in these Terms and Conditions, the same applies to the liability of the Lessor’s legal representatives, agents, and vicarious agents.
f) The above exclusions and limitations of liability do not apply in cases of culpable injury to life, body, or health.
11. Current special regulations due to the Coronavirus pandemic
a) The Renter is responsible for compliance with the legal and official requirements for the containment of the coronavirus (hereinafter: Corona Regulations) applicable on the day of the event. If such Corona regulations apply on the event day, the Renter must inspect the rented premises in advance and provide the Lessor with a list of participants and a hygiene concept at least 14 calendar days before the event.
b) to the extent that the Corona Regulations apply, the Lessor may implement appropriate measures, including the following special hygiene and distancing rules:
- aa) Access is prohibited to anyone currently infected with COVID-19 or showing symptoms that may indicate a coronavirus infection. Admission is only granted to individuals who do not exhibit symptoms of illness or elevated body temperature.
- bb) Participation in events requires wearing a mouth and nose covering, which each participant must bring. For events with fixed seating, the mask must be worn until a seat is taken.
- cc) A minimum distance of 1.50 meters from others must always be maintained, with exceptions only for individuals from the same household.
- dd) Proper hand hygiene must be observed. The Lessor will provide hand disinfectant dispensers.
- ee) In the event of violations of the hygiene and protective measures, the event participant may be excluded from the event and removed from the premises.
- ff) To enable the tracing of infections, the contact details of all event participants will be collected. These details will be securely stored in compliance with data protection laws (GDPR) and, if necessary, shared with the relevant health authorities. The data will be deleted or destroyed no later than one month after the event. Articles 13, 15, 18, and 20 of the GDPR do not apply in this context.
12. Final Provisions
a) Should any individual provisions of these terms and conditions be or become invalid or ineffective, this shall not affect the validity of the remainder of the Event Contract.
b) The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The sole place of performance for delivery, execution, and payment is Potsdam. The exclusive place of jurisdiction for disputes with merchants, public-law entities, and special public assets, as well as individuals whose domicile or habitual residence is abroad, is Potsdam.
c) In the event of changes to these General Terms and Conditions (GTC), the amended terms will remain applicable to all previously concluded Event Contracts.
d) The Lessor does not participate in dispute resolution procedures before a consumer arbitration board.
As of November 22, 2022