Data Protection and Disclaimer

• General Terms and Conditions of Business
  for the sale of admission tickets, guided tours, goods and other services
  
  § 1 Subject matter and scope of application
  (1) The operator of Computerspielemuseum Berlin (hereinafter referred to as "Gameshouse") offers internet users the opportunity to purchase admission tickets of various types and to book museum tours and other services (hereinafter referred to as the “service") at the address https://csmb.visitate.net/app/Shopping?ref=shp549054114.
  (2) These terms and conditions (hereinafter referred to as "GTC") regulate the contractual relationship between the persons using the service offered by Gameshouse (hereinafter referred to as the "user") and Gameshouse.
  (3) Gameshouse provides services to users of the service exclusively on the basis of these GTC. Regulations deviating from these GTC, in particular general terms and conditions of a user, only apply when Gameshouse expressly agrees to such regulations in writing.
  (4) These GTC exclusively concern the service and the contracts concluded using this service.
  (5) The user concludes a contract within the framework of the use of the service with
  
  Gameshouse gGmbH
  Managing Director: Dr. Klaus Spieler
  Karl-Marx-Allee 93a
  10243 Berlin
  Tel.: +49 (30) 311 644 70
  Fax: +49 (30) 311 641 58
  Email: info@gameshouse.de
  
  In each individual case, these GTC form an integral part of the contract concluded. Further contact details of Gameshouse as well as information on the commercial register are provided in the Imprint Notice of the service.
  (6) Insofar as the user has the possibility to make use of services of third parties within the scope of the service, Gameshouse merely acts as an intermediary. The use of such services is based on a separate contract between the user and the respective provider. The user is notified of such a conclusion of contract in a manner Gameshouse deems suitable.
  (7) The user has the option to call up, print out, download or save these GTC at any time, even after conclusion of the contract, using the "GTC" link provided within the scope of the service.
  
  § 2 Users
  (1) The use of the service for profit or other commercial purposes is excluded and prohibited.
  (2) The authorisation to use the service extends exclusively to persons who, at the time the contract is concluded, are either of legal age and not restricted in any way in their legal capacity, or whose legal representatives have expressly consented to its use.
  
  § 3 Registration and conclusion of contract
  (1) In addition to using the service, the user has the option to register for repeated use of the service.
  (2) When using the service, the user is required to fill in all data fields marked as necessary completely and correctly.
  (3) The user is required to fill in the data fields personally. Registration by third parties, in particular the use of commercial or non-commercial registration services, is not permitted.
  (4) The user is required to select an access password within the scope of registration for repeated use of the service. The access password is used to protect the user account from unauthorised use. Accordingly, the user's name as an access password is prohibited. A secure password must be used, consisting of at least 6 characters and containing both letters and numbers. Special characters and umlauts may not be used for technical reasons. The access password should be changed at regular intervals and should never be stored on the access computer.
  (5) By completing the registration process or by completing the data fields within the scope of the individual use of the service, the user expressly warrants that
  a. all information provided during registration or use is true and complete.
  b. the user meets the requirements of § 2 of these GTC.
  c. the user has taken note of these GTC including the revocation instruction pursuant to § 4 of these GTC.
  (6) No contractual relationship between Gameshouse and the user is created by the completion of the registration process for repetitive use of the service. Registration is performed solely to facilitate the repeated use of the service by the user.
  (7) By concluding an order within the scope of the service by pressing the "Place order" field, the user submits a binding offer to purchase all the goods and services listed in the order overview.
  (8) A contract between the user and Gameshouse is concluded with the acceptance of the offer by Gameshouse A confirmation of receipt with regard to the offer submitted by the user constitutes no binding acceptance of the offer by Gameshouse, but it may be combined with a declaration of acceptance. Acceptance of the offer by Gameshouse may be both explicit and tacit through the performance of an act of fulfilment, in particular the sending of the tickets or goods ordered.
  (9) The user is not entitled to the conclusion of a contract between Gameshouse and the user.
  (10) The registration procedure for repeated use may require the user to activate access to the service after receiving acceptance of the offer by retransmitting an electronic message, e.g. by activating a link that is sent.
  
  § 4 Right of revocation
  (1) No legal right of revocation or return exists for the user in the case of a contract concerning the sale of admission tickets subject to a time limit for the Computer Games Museum or special events including group tours. In particular, the provisions concerning contracts concluded at a distance pursuant to § 312b (3) No. 6 Civil Code (BGB) are not applicable. Notwithstanding the foregoing, Gameshouse grants the user a full right of withdrawal with regard to these services against reimbursement of any fee already paid provided a corresponding declaration of withdrawal is received in text form no later than 2 working days before the agreed date
  
  by post to Computerspielemuseum, Karl-Marx-Allee 93a, 10243 Berlin
  or
  by email to service@computerspielemuseum.de
  
  at Gameshouse. The user is required to provide verification of timely receipt. In the event of a later cancellation, a cancellation fee in the amount of the agreed fee is due. In the event of the user's non-appearance or delay of 30 minutes or more, the user's entitlement to the provision of services by Gameshouse is forfeited - the fee agreed for the service is payable in full. In the event of a lesser delay on the part of the user, the guided tour that is owed is reduced by the period of the delay. The reduction of the number of participants in a guided tour has no effect on the amount of the agreed fee.
  
  (2) Should services and goods not covered by § 312b para. 3 No. 6 Civil Code (BGB) be sold within the scope of the service, then it constitutes a distance contract within the meaning of § 312b Civil Code (BGB). The user, provided the user is a consumer within the meaning of § 13 Civil Code (BGB), is therefore entitled to a right of revocation in accordance with the following provisions with regard to the contract concluded with Gameshouse in this respect:
  
  (3) Right of revocation
  You are entitled to revoke your contractual declaration in writing (e.g. letter, fax, email) within two weeks without stating reasons or - should the item be handed over to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, however, in the case of the provision of services not before conclusion of the contract and in the case of the delivery of goods not before receipt of the goods by the recipient (in the case of recurring delivery of equivalent goods not before receipt of the first partial delivery) and also not before compliance with our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 Introductory Act to the Civil Code (EGBGB). The timely dispatch of the revocation or the article is sufficient to comply with the revocation period. The revocation is to be directed to:
  
  Gameshouse gGmbH
  Karl-Marx-Allee 93a
  10243 Berlin
  Telefax: +49 (30) 311 641 58
  Email: info@gameshouse.de
  
  Cancellation consequences:
  
  In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) are to be surrendered. In the case of services, this may mean that you are nevertheless obliged to fulfil the contractual payment obligations by the time of revocation. If you are unable to return the goods received in whole or in part, or only in a deteriorated condition, you may be obliged to compensate us for the loss of value. This does not apply to the surrender of goods when the deterioration of the goods is exclusively due to their inspection - as for example would have been possible for you in a shop. In addition, the obligation to compensate for loss in value caused by using the goods as intended is avoidable by not treating the goods as your own property and refraining from all activities which may impact their value. You are obliged to bear the costs for return shipment should the delivered merchandise comply with the merchandise ordered and when the price of the merchandise returned is not in excess of €40 or for higher priced items, you have not yet rendered the return service or a partial payment as stipulated by contract at the time of cancellation. In all other respects, the return is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. The time limit for you begins with the dispatch of your cancellation or the merchandise; for us with its receipt.
  
  Special instructions
  
  In the case of services, your right of withdrawal expires prematurely should the contract have been performed in full at your express request before you have exercised your right of withdrawal.
  
  § 5 Products, prices and payment
  (1) Gameshouse offers admission tickets, group tours and reservations for special events as well as souvenirs and other goods by means of the service.
  (2) Admission tickets entitle the holder to enter the exhibition either within a quarter-hour time slot selected by the customer when placing the order on a specific date or for the entire day on a selected exhibition day. The time slots selected refer only to the time of entry, not to the length of time spent in the exhibition.
  (3) Reduced or free admission tickets are only valid together with the proof required to claim the corresponding reductions in accordance with the Gameshouse price list valid at the time.
  (4) All guided tours have a participant limit of 20 people per booked date and a pre-booking deadline of 10 days. Group tours are conducted by an expert museum guide to be appointed by Gameshouse after positive booking confirmation. In all other respects, the management modalities specified during the ordering process apply.
  (5) The prices for the admission tickets, goods and services offered as part of the service include the applicable value-added tax in accordance with the statutory provisions in effect at the time.
  (6) Images used to describe goods are sample photos. These serve as illustrations and may not portray the article as true to life in every case. Colours and sizes in particular may appear differently depending on the screen used. The description of the respective article is definitive.
  (7) Payment by the user is only possible via the payment methods offered within the scope of the service. Gameshouse generally uses an external service provider to process payments. In addition to these GTC, the general terms and conditions of the respective service provider apply to the processing of payments. Insofar as the respective service provider charges the user for payment processing, these are payable by the user.
  (8) Should Gameshouse incur chargeback fees, cancellation fees or other costs due to the fault of the user (e.g. insufficient funds in the account), these are payable by the user. Moreover, Gameshouse charges a processing fee of €12.50 for each chargeback. The user is entitled to demonstrate that no damage or only a lesser amount of damage has been incurred.
  
  § 6 Dispatch of admission tickets, goods and invoices
  (1) Admission tickets and invoices are dispatched exclusively by electronic means to the email address provided by the user when placing the order.
  (2) Admission tickets sent electronically as well as invoices for guided tours and other services provided must be printed out by the user and presented upon request as verification of payment of the fee before entering the respective event.
  (3) The dispatch of ordered goods is effected immediately after receipt of the purchase price. Details of delivery periods are only legally binding when expressly confirmed by Gameshouse. Should a delivery be delayed beyond a possibly agreed delivery date, the user is required to set Gameshouse a reasonable grace period of no less than two weeks. All risks and dangers of delivery transfer to the user at the time of handover to a transport company selected by Gameshouse. Delivery costs are payable by the user, unless otherwise agreed prior to delivery.
  (4) Should a delivery of goods be on account, the ownership of the goods sold only transfers to the user at the time of full payment of the invoice amount (retention of title).
  
  § 7 Gameshouse liability
  (1) The liability of Gameshouse for damage caused by intentional or grossly negligent conduct on the part of Gameshouse for personal injury is unlimited in accordance with the statutory provisions. This also applies to damage caused by vicarious agents of Gameshouse.
  (2) Gameshouse is only liable for damage caused by negligence insofar as these are based on the violation of essential contractual obligations. Such obligations are deemed to exist when their performance renders the proper performance of the respective contract possible in the first place and the user is entitled to rely on their compliance. Liability in this context is limited to the damages that are typically foreseeable. In the event of damage caused by delay, liability is moreover limited to 5% of the total price agreed in the respective contract. These exclusions and limitations of liability also apply to employees, workers, representatives, shareholders, members of bodies and vicarious agents of Gameshouse with regard to the liability of Gameshouse for their actions as well as their personal liability.
  (3) Gameshouse is not liable for the loss of access data to the service or their unauthorised use by third parties.
  (4) Gameshouse is only liable for the loss of data through the use of the service and insofar as such loss is unavoidable, even within the framework of reasonable data backup measures taken by the user.
  (5) Gameshouse is not liable for the content of websites referred to directly or indirectly by means of so-called links.
  (6) Any liability of Gameshouse for damage caused by a virus attack or so-called spyware on the user's internet access device is excluded, irrespective of any liability obligation of Gameshouse in other respects, should the user not have all their incoming electronic messages checked by appropriate protective programs which are always at the latest state of technology.
  
  § 8 Data privacy
  (1) Personal data of the user is only collected, processed or used by Gameshouse insofar as this is permissible under the applicable statutory provisions, in particular the data protection laws. The definitions of the Federal Data Protection Act apply to the following provisions.
  (2) Personal data are individual details about personal or factual circumstances of the respective user. This includes, for example, the name, address, email address, credit card or account number and the like. In addition, individual technical information (e.g. IP address, browser type, access times) is automatically transmitted and processed by the user's internet access device.
  (3) The entity collecting the user's personal data is Gameshouse gGmbH, Karl-Marx-Allee 93a, 10243 Berlin. The collection, processing and use is carried out electronically and exclusively to the extent described below. Reference is made to the following provisions with regard to the categories of recipients in respect of the disclosure of personal data.
  (4) Personal data of the user is only collected, processed or used by Gameshouse without the express consent of the user insofar as this is necessary for the fulfilment of contractual obligations and invoicing.
  (5) In the course of operating the service, Gameshouse uses payment providers (e.g. credit card companies, banks, mobile phone services, etc.), as well as companies that compile or process statistics, or IT companies (e.g. computer centres, operators of server parks, data backup companies, etc.). The disclosure of personal data may be necessary in the course of this activity. Gameshouse is legally obliged to use only such companies that guarantee data protection within the framework of the statutory regulations. In all other respects, personal data is only disclosed to third parties by Gameshouse when there is a legal obligation to do so.
  (6) The user is entitled to object at any time to any use within the framework of the further development of the offer in line with requirements, for the purpose of communicating with the user and for sending information about the goods and services offered by Gameshouse.
  (7) Gameshouse undertakes to delete the user's personal data as soon as it is no longer necessary for the purposes described in the aforementioned provisions and no legal obligation arises for Gameshouse to continue with its storage.
  (8) Gameshouse undertakes to provide the user with information about the personal data collected, processed or used about him/her at any time upon request. Enquiries in this regard may be directed to Gameshouse directly at info@gameshouse.de or at info@visitate.de.
  (9) Furthermore, Gameshouse expressly points out that
  
  a. the use of the service may result in the storage of so-called cookies on the user's internet access device. Insofar as these files are not automatically deleted by the internet access device or the related browser after the end of use, it is recommended that this deletion be performed manually on a regular basis.
  b. in the context of data transmission via open networks, complete security of the transmitted data against unauthorised access by third parties is currently not guaranteed from a technical point of view. The user accepts sole responsibility for the security and safety of the data he or she transmits to or via the internet, unless Gameshouse uses special encryption procedures, where notification is given in each individual case.
  
  (10) The user expressly consents to the storage of personal data relating to him/her by Gameshouse within the scope of the aforementioned by completing the corresponding data fields.
  
  § 9 Miscellaneous provisions
  (1) Gameshouse reserves the right to amend these GTC at any time without stating reasons. Such amendments are not applicable to contracts already concluded unless the user expressly agrees to the amendment.
  (2) The sole place of performance for delivery, service and payment for contracts concluded within the scope of the service is Berlin, unless expressly agreed otherwise or unless otherwise stipulated by mandatory statutory provisions.
  (3) The place of jurisdiction for disputes with merchants, legal entities under public law and special funds under public law as well as persons who have their domicile or habitual residence abroad is Berlin.
  (4) Any transfer of claims of the user against Gameshouse to third parties is excluded.
  (5) The user is only entitled to offset claims of Gameshouse against uncontested or legally enforceable claims to which the user is entitled. The user is only entitled to exercise a right of retention insofar as the counterclaim results from the same legal relationship.
  (6) Communication between Gameshouse and the user within the scope of the service generally takes place by electronic messaging (email). Insofar as the GTC establish a written form requirement, the electronic transmission of messages is deemed to meet this requirement, unless the GTC or other contractual agreements expressly provide otherwise.
  (7) Any amendment to the contractual agreements, including the waiver of the written form, is required in writing.
  (8) Contracts concluded on the basis of these GTC and mutual claims arising therefrom are governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods and German private international law.
  (9) Should individual provisions of the GTC be invalid or prove to be invalid at a later date, this in no way affects the validity of the remaining provisions.
  
  
  Berlin, July 2022
  
  Gameshouse gGmbH
  Managing Director: Dr. Klaus Spieler
  Karl-Marx-Allee 93a
  10243 Berlin
  Tel.: +49 (30) 311 644 70
  Fax: +49 (30) 311 641 58
  Email: info@gameshouse.de