General Terms and Conditions of Poller Wiesen Hoffmann und Peiki GmbH for the Use of Services Offered at the Domains www.gamescomcamp.de and www.gamescomcamp.com
1. Scope and Applicability of the General Terms and Conditions
The services offered at www.gamescomcamp.de represent a service provided by PollerWiesen Hoffmann and Peiki GmbH, Spichernstr. 73 - 50672 Köln
– in the following referred to as PollerWiesen -
The services offered by PollerWiesen at www.gamescomcamp.de are intended for visitors of the gamescom, a fair for interactive gaming and entertainment in Cologne
– in the following referred to as Visitor –
The following Terms and Conditions set forth the basic rules regarding the use of services offered by PollerWiesen to the Visitors via the internet. As of their inclusion, these Terms shall apply to all PollerWiesen services and to all other rights and obligations of both parties.
The Visitor expressly agrees to these General Terms and Conditions of PollerWiesen by checking the respective box during the ordering process.
Visitors are informed that PollerWiesen uses the services of the online ticket shop ticketio.de
– in the following referred to as ticket.io –
to execute ticket orders. The use of the ticket shop is subject to separate terms and conditions which form the contractual basis of such transactions.
2. Services by PollerWiesen
Every year during the time of the gamescom fair, PollerWiesen organizes the so-called gamescomCamp in cooperation with Koelnmesse GmbH in Cologne. The gamescom Camp at Jungendpark Cologne offers accommodation, food and drinks as well as various activities and entertainment options for gamescom visitors. At www.gamescomcamp.de visitors of the gamescom fair can purchase tickets for overnight stays at the Camp. Visitors can choose between single- or multi-day tickets. The term of validity depends on the ticket type. If a single day pass has been purchased; the valid day of the ticket is the date of the Visitor's arrival at the gamescom Camp which was provided by the visitor during the ordering process. Tickets to the gamescom fair are not included in the Camp tickets. Camp tickets are limited to overnight accommodation only!With a Camp ticket, the Visitor is entitled to stay at the campsite during the respective valid date(s) with his/her own camping equipment. The Visitor may also use all sanitary facilities and participate in the gamescom Camp activities and entertainment program which are offered for free. Details regarding the PollerWiesen gamescom Camp program can be found on the website at www.gamescomcamp.de. The Visitor acknowledges that PollerWiesen expressly reserves the right to change the activities and entertainment program. The Visitor has the option to add a cot located in a multi-person tent (without sleeping bag) to the ticket purchase, which will incur additional costs. Alternatively, larger groups have the option to book a multi-person tent which comes fully set-up and prepared.
Visitors have the opportunity to buy food and drinks at the campsite. The purchase of Camp tickets and any other paid services offered by PollerWiesen are generally limited to Visitors of full age and full legal capacity. Minors may use the services offered by PollerWiesen if the ticket and any additional services are purchased by an adult.
Visitors under the age of 16 are only allowed to stay at the gamescom Camp if they are accompanied by an adult. In addition, all visitors under the age of 16 are required to obtain the prior written consent of a legal guardian regarding their stay at the gamescom Camp. This written permission needs to be carried along the entire time of stay. Without the respective document, access to the gamescom Camp will be denied to any person under the age of 16.
3. Obligations of gamescom Camp Visitors
The Visitor has to arrive at the gamescom Camp on the valid day of the ticket during the regular opening hours of the Camp. At first, every Visitor must register at the Camp reception. Without successful registration the Visitor will not be allowed to enter the Camp. After a diligent review of the ticket, which was previously sent to the Visitor via email, he/she receives the Camp ticket and is assigned to a place for the night. During the registration process, the Visitor also receives the PollerWiesen Camp rules which will apply throughout the entirety of his/her stay at the Camp. Visitors are obliged to follow the Camp rules at all times. Non-compliance with any of these rules may result in the exercise of PollerWiesen's property rights and the Visitor's exclusion from the campsite as well as a ban on reentering the premises. In case of a ban, the Visitor's gamescom Camp ticket is no longer valid.
Also upon arrival at the Campsite, each Visitor has to pay a garbage deposit fee. Before departure, after a thorough check of the Visitor's space or tent, this fee will either be reimbursed to the Visitor or kept to pay for any additional costs incurred by cleaning services. PollerWiesen has prepared a check-out schedule which is available at www.pollerwiesen.de. All Visitors departures must take place within the specified check-out times.
Camp tickets purchased by the Visitor may not be transferred to third parties and therefore must not be resold. Any misuse or violation of the General Terms and Conditions of PollerWiesen will result in the Visitor's loss of access authorization to the gamescom Camp without refund or compensation of the ticket price.
The Visitor's Camp ticket immediately loses its validity at the time any misuse and/or violation of the General Terms takes place.
The Visitor agrees that throughout his/her stay at the gamescom Camp, he/she may be subject to audio- and video recordings which will be used by the organizer PollerWiesen to promote the gamescom Camp. For this purpose, the Visitors transfer to PollerWiesen free of charge, any and all proprietary rights of use, ancillary copyrights and any other rights in connection with such audio- and video recordings and thereby also grant PollerWiesen the exclusive, perpetual, worldwide, royalty free license to use and/or modify such recordings in any media. PollerWiesen reserves the right to pass on the transferred rights in whole or in part to third parties.
4. Conclusion of Contract
The content and services presented by PollerWiesen at www.gamescomcamp.de do not constitute an offer directed at the conclusion of a contract. Instead, the Visitor makes a binding offer, by selecting one or more tickets and/or additional services on the website of ticketio or gamescomCamp and by clicking the order button after completing the order form with the information necessary for the purchase and by selecting the desired method of payment.
The effective conclusion of a contract with PollerWiesen depends on the payment method selected by the Visitor: When paying with PayPal or credit card the contract becomes effective upon receipt of an order confirmation email from ticketio; in case of advance payment by bank transfer the contract becomes effective after full payment of the purchase price; in the case of direct debit the contract becomes effective upon receipt of an order confirmation email from ticketio.
The effectiveness of the contract between PollerWiesen and the Visitor always depends on the availability and deliverability of the tickets ordered by the Visitor.
If tickets of a certain category are no longer available, the conclusion of a contract with the Visitor may be refused. Additionally, in the event of good cause, PollerWiesen reserves the right to reject the conclusion of a contract with the Visitor at any time.
5. Prices and Methods of Payment
Ticket prices for the Camp and other services offered by PollerWiesen can be found on the website of gamescomCamp. All ticket prices are including VAT and presale fee. Not included are costs that may be charged by individual payment providers as well as the statutory culture tax (so-called "bed tax") imposed by the city of Cologne. All applicable costs payable by the Visitor are summarized at the end of the ordering process. The Visitor is not subject to any additional charges or hidden costs.
To pay for the tickets and optional services offered on ticketio, the Visitor may choose from various payment options, such as PayPal, credit card, bank transfer or direct debit.
The Visitor may be subject to additional costs for the internet connection used for the ticket purchase by the respective internet service provider.
The order confirmation email sent to the Visitor after the successful ticket purchase also contains an invoice.
6. Ticket Shipment, Loss and Return Policy
After full and successful payment of the purchase price, the Visitor receives an email at the email address he/she provided during the ordering process which contains a barcode. This email must be printed by the Visitor. Tickets that have been issued incorrectly will be exchanged by PollerWiesen during the registration process at the Camp. Camp tickets are generally excluded from the right of exchange and return. In the event of the ticket being lost, the Visitor shall have no right to a replacement. If the gamescom Camp is canceled, the German statutory provisions regarding the right of return apply.
7. Cancellation and Return Policy according to Distance Selling Act
In the context of the internet-based offer at www.gamescomcamp.de, PollerWiesen provides services in the field of leisure activities within a certain period of time. According to § 312b, para. 3, no. 6 German Civil Code (BGB), the contracts to be concluded with PollerWiesen are therefore not to be considered distance selling contracts. The cancellation of a contract or the return of tickets pursuant to § 312 BGB shall be excluded.
The Visitor may only exercise his/her right to offset if counter-claims are undisputed by PollerWiesen or have been established by law. The Visitor's retention right shall only be valid if the counterclaim is based on the same contract.
9. Liability and Limitations of Liability
The Visitor uses the services offered at www.gamescomcamp.de at his/her own risk. PollerWiesen does not assume any liability for the correctness of the number of tickets that are purchased online nor the correctness of the data provided by the Visitor during the online ordering process. Furthermore, PollerWiesen cannot be held liable for false ticket orders and/or the provision of false- and/or stolen information of third parties. PollerWiesen's liability for the breach of contractual duties shall be limited to wrongful intent and gross negligence. In case of mild negligence, PollerWiesen may only be held liable for the violation of material contractual obligations. In this case, the liability of PollerWiesen shall be limited to the amount of damages typically foreseeable for this type of contract on the day of the conclusion of the contract.
The liability for injury to life, body and health, according to the Product Liability Law and the assumption of a guarantee or fraudulent concealment of defects related to the services offered at www.gamescomcamp.de remains unaffected.
PollerWiesen does not assume any liability for damages (in particular damages to persons and goods) culpably caused by the Visitor during his stay at the Camp. In this connection, the Visitor hereby indemnifies and holds PollerWiesen harmless from and against any unauthorized use of third parties and from any expenses and legal costs that may arise in this respect.
PollerWiesen shall not be liable for personal injury of the Visitor which he/she might incur at his/her own fault during his/her stay at the Camp, particularly by participating in the Camp activities offered by PollerWiesen.
PollerWiesen does not assume any liability for damages and/or loss of property that was brought to the Camp by the Visitor to be used during the duration of his/her stay. Any liability for property that was left and/or forgotten at the Camp after departure is also excluded.
PollerWiesen does not assume any liability in case the gamescom Camps has to be cancelled or has to end early due to force majeure (e.g. bad weather conditions, flooding). The foregoing limitation of liability shall apply mutatis mutandis to all companies affiliated with PollerWiesen as well as to the personal liability of staff, workers, employees, representatives, shareholders and agents of PollerWiesen and/or its affiliated companie
10. Availability of Services Offered
PollerWiesen makes every effort to ensure that their services offered at www.gamescomcamp.de and www.ticketio.de are permanently and fully available to Visitors. However, PollerWiesen does not assume any liability for the permanent usability and accessibility of the services offered, transmission delays, transmission errors and/or server failures as well as the related constraints caused by such.
It is important to note that, due to necessary maintenance activities, the entire website and/or certain services may be temporarily unavailable.
PollerWiesen expressly reserves the right to discontinue the offered services in whole or in part at any time without notice and/or to restrict their availability.
11. Data Protection
The use of the services offered at www.gamescomcamp.de is subject to the privacy statement of PollerWiesen which can be accessed from every page of the domain www.gamescomcamp.de.
12. Final Provisions
The Visitor expressly agrees to receive legal declarations of PollerWiesen via email. An email is considered received if it is available and saved to the inbox of the Visitor or to the inbox of his/her internet provider.
PollerWiesen reserves the right to change or amend these General Terms and Conditions at any time with future effect. To the extent relevant for the contractual relationship with PollerWiesen, the Visitor shall be informed about any material changes to these Terms and Conditions via email at the email address provided by him/her during the registration process. In order for the changes to apply to the existing contractual relationship, the Visitor will be asked to accept the new Terms and Conditions by clicking a confirmation link at the end of such email.
The Visitor agrees to be informed about news and changes regarding the services offered at www.gamescomcamp.de via newsletter, and hereby expressly accepts to receive such newsletters via email at the email address provided by him/her during the registration process.
The Visitor has the option, to unsubscribe from the newsletter at any time by clicking the link at the bottom of each newsletter.
In case any of these Terms and Conditions proves invalid and/or incomplete, the validity of the other terms and conditions shall remain unaffected. The invalid clause shall be replaced by a legally permitted provision which best coincides with the intent of the invalid provision. The same applies to any contractual gaps.
The place of jurisdiction for all disputes arising out of or in connection with these General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany.
If the Visitor is a merchant, a legal entity under public law or a public fund, the exclusive place of jurisdiction shall be Cologne, Germany.
The same jurisdiction applies if the Visitor has no general jurisdiction in Germany or if his/her domicile or permanent residence is unknown at the time of action.
The laws of the Federal Republic of Germany apply. UN Sales Law (CISG) shall be excluded.
In case of any differences between the German and the English version of these General Terms and Conditions, or in cases of doubt, the German version shall prevail.
Date: 1 December, 2017