General Terms & Conditions
of the German Emigration Center,
operated by Deutsches Auswandererhaus gemeinnützige GmbH
1. Scope
1. These General Terms and Conditions apply exclusively to all business relationships between the German Emigration Center, operated by Deutsches Auswandererhaus gemeinnützige GmbH – hereinafter referred to as the German Emigration Center – and its customers in the current version at the time of the business relationships. The General Terms and Conditions also apply to events conducted jointly by the German Emigration Center and its catering partner welcome home GmbH.
2. Deviating provisions, in particular the General Terms and Conditions of the customer, do not apply unless they are expressly recognized in writing by the German Emigration Center.
II. Contract Conclusion
1. The event contract and the service contract come into effect through the written confirmation of the order by the German Emigration Center after a booking request from the customer. The reason and purpose of the event must be provided with the booking request.
2. The selection of services presented on the website by the German Emigration Center does not constitute a binding contractual offer.
3. The language of the contract is German.
4. Contract partners are the German Emigration Center and the customer. If a third party has made the booking for the customer, the third party is jointly liable to the German Emigration Center as the orderer together with the customer for all obligations arising from the contract, provided that the German Emigration Center has a corresponding declaration from the third party. Regardless of this, each orderer is obliged to forward all booking-relevant information, especially these General Terms and Conditions, to the customer.
5. The German Emigration Center may require an appropriate advance payment and/or security (e.g., insurance, deposits, guarantees) from the customer and/or a third party, also as a safeguard against potential damages.
6. The subletting and further leasing of the provided areas, event rooms, and other spaces, and/or their use for purposes other than those mentioned in the order confirmation, requires the prior written consent of the German Emigration Center.
7. The customer does not acquire any claim to the provision of specific areas and rooms, unless the German Emigration Center has confirmed in writing the provision of specific areas and rooms.
III. Services, Prices, Payment
1. The German Emigration Center is obliged to provide the services ordered and promised by the customer in accordance with these General Terms and Conditions.
2. The customer is obliged to pay the applicable or agreed prices of the German Emigration Center for the promised and utilized services. This also applies to services and expenses incurred by the customer or the orderer towards third parties. Furthermore, the customer and the orderer are liable for the payment of all services ordered by the event participants, especially food and drinks, as well as other costs incurred by the event participants.
3. The prices at the time of the conclusion of the contract apply. The agreed prices include the respective applicable statutory VAT.
4. The prices may be changed by the German Emigration Center if
a) in the case of the service contract, the customer subsequently requests changes to the booked number of people, the service of the German Emigration Center, or the duration of the customer’s visit, and the museum agrees to this.
b) in the event of the event contract, if the customer subsequently wishes to change the size and/or number of booked areas and rooms, the number of event participants, the services of the Deutsches Auswandererhaus, and/or the duration of the event, and the museum agrees to this. If no event duration has been agreed upon, the Deutsches Auswandererhaus may charge additional expenses for events that go beyond 6:00 PM, especially for personnel and operational costs.
5. The fee for booked services and/or events must be paid at the museum cash desk before the start or transferred to the specified business account of the Deutsches Auswandererhaus within 10 days after invoicing without deduction. In case of payment delay, the Deutsches Auswandererhaus is entitled to charge late payment interest of 5% over the base rate for consumers. The Deutsches Auswandererhaus reserves the right to claim higher damages. For each reminder after the delay occurs, the Deutsches Auswandererhaus may charge a reminder fee of €5.00.
6. The Deutsches Auswandererhaus is entitled to make claims that have arisen during the customer’s event in the Deutsches Auswandererhaus due by issuing an interim invoice at any time and demanding immediate payment.
7. The customer can only offset or reduce a claim of the Deutsches Auswandererhaus with an undisputed or legally established claim.
IV. Customer Withdrawal/Non-utilization of the Services of the Deutsches Auswandererhaus
Applies to: admissions, guided tours, events, and catering offers
1. The customer can cancel the service contract free of charge until the 7th working day before the agreed appointment and/or event start without any claims for payment or compensation from the Deutsches Auswandererhaus. The cancellation must be explicitly acknowledged in writing by the Deutsches Auswandererhaus and requires approval from the Deutsches Auswandererhaus in text form.
2. The customer’s right to cancel free of charge expires if it is not exercised in text form by the agreed date towards the Deutsches Auswandererhaus. The decisive factor is the receipt of the cancellation by the Deutsches Auswandererhaus. The burden of proof lies with the customer.
3. In case of later partial and/or complete cancellations as well as no-shows, the Deutsches Auswandererhaus will charge a fee of 100% of the lost revenue according to the booking.
4. If a right of cancellation has already expired, there is no statutory right of cancellation either, and if the Deutsches Auswandererhaus does not agree to terminate the contract, it retains the right to the agreed remuneration despite the non-utilization of the service.
V. Withdrawal of the Deutsches Auswandererhaus
1. If the customer has been granted a right of cancellation free of charge, the Deutsches Auswandererhaus is also entitled to withdraw from the contract within the agreed period if inquiries from other customers regarding the booked services, areas, and rooms exist and the customer does not confirm the booking definitively within a reasonable period upon request from the Deutsches Auswandererhaus.
2. If an agreed prepayment or security deposit according to Clause II, Paragraph 5 is not made within a reasonable period set for this purpose, the Deutsches Auswandererhaus is also entitled to withdraw from the contract.
3. Furthermore, the Deutsches Auswandererhaus is entitled to withdraw from the contract for important reasons, particularly if
a) higher force or other circumstances not attributable to the Deutsches Auswandererhaus make the fulfillment of the contract impossible;
b) services, areas/rooms are booked under misleading or false information regarding essential facts, e.g., concerning the person of the customer or the purpose;
c) the Deutsches Auswandererhaus has justified reason to assume that the use of the service might jeopardize the smooth operation, safety, or reputation of the Deutsches Auswandererhaus in public, without this being attributable to the authority or organizational area of the Deutsches Auswandererhaus;
d) unauthorized subletting or further rental exists according to clause II. paragraph 6;
e) the obligations according to clause VI. paragraph 3 are not or not properly fulfilled, or the fulfillment has not been properly demonstrated to the Deutsches Auswandererhaus;
f) the Deutsches Auswandererhaus becomes aware of circumstances that the financial situation of the customer has significantly deteriorated after the conclusion of the contract, especially if the customer does not settle due claims of the Deutsches Auswandererhaus or does not provide sufficient security, making payment claims of the Deutsches Auswandererhaus seem at risk;
g) the customer has applied for the opening of insolvency proceedings over their assets, made a statutory declaration according to § 807 of the Code of Civil Procedure, initiated an out-of-court debt settlement procedure, or ceased payments;
h) insolvency proceedings are opened over the customer’s assets, or the opening is rejected due to lack of funds or for other reasons.
4. The Deutsches Auswandererhaus must promptly notify the customer in writing of the exercise of the right of withdrawal.
4. Das Deutsche Auswandererhaus hat den Kunden von der Ausübung des Rücktrittsrechts unverzüglich schriftlich in Kenntnis zu setzen.
5. In the cases mentioned above regarding withdrawal, the customer has no claim for compensation.
VI, Obligations/Liability of the Customer
1. Items brought in for exhibition or other personal belongings are at the risk of the contracting party in the event spaces or in the Deutsches Auswandererhaus. The Deutsches Auswandererhaus is not liable for loss, destruction, or damage, except in cases of gross negligence or intent by the Deutsches Auswandererhaus. The statutory liability according to §§ 701ff BGB remains unaffected.
2. The placement of decoration materials or similar and the use of areas in the museum outside the rented spaces and rooms, e.g., for exhibition purposes, require the written consent of the Deutsches Auswandererhaus and may depend on payment of an additional fee. These and other items brought in by the customer must comply with local fire safety and other regulations. If they are not picked up immediately, but at the latest within 12 hours after the end of the event, they will be stored in the museum, for which a reasonable compensation, at least equal to the rental cost for used areas, is owed by the customer. Waste or undue pollution left by the customer may be disposed of by the Deutsches Auswandererhaus at the customer’s expense.
3. The customer must obtain any necessary official permits for an event in a timely manner and at their own expense. They are responsible for complying with public law requirements and other regulations. Any fees payable to third parties for the event, especially GEMA fees, entertainment tax, etc., must be paid directly to the creditor.
4. The customer is generally not allowed to bring food and beverages to events. In special cases (e.g., national specialties), a written agreement can be made, and at the very least, a service fee or corkage fee will be charged.
5. The customer is obliged to inform the Deutsches Auswandererhaus immediately and without being asked, but no later than at the conclusion of the contract, that the provision of services and/or the event, whether due to its political, religious, or other character, is likely to raise public interest or affect the museum’s concerns. Newspaper ads, promotional measures, and publications that reference the Deutsches Auswandererhaus and/or include invitations to interviews or sales events require the written consent of the museum. If the customer violates this obligation to inform or pursues a publication without such consent, the museum has the right to cancel the event and demand the cessation of the publication. In this case, the provisions of IV. of the General Terms and Conditions shall apply accordingly.
6. The customer and the orderer are liable for all damages to buildings or inventory caused by event participants, event visitors, employees, or other third parties from their area or themselves or their legal representatives.
7. The Deutsches Auswandererhaus reserves the right to expel customers who express undemocratic, racist, or inhumane views or engage in such practices from the premises.
VII. Liability of the Deutsches Auswandererhaus
1. Should disruptions or defects occur in the services of the Deutsche Auswandererhaus, the Deutsche Auswandererhaus will strive to remedy the situation immediately upon the customer’s prompt complaint. If the customer fails to report a defect to the Deutsche Auswandererhaus through their own fault, the claim for reduction of the contractually agreed fee will not be applicable.
2. The Deutsche Auswandererhaus is liable under statutory provisions for all damages resulting from the violation of life, body, and health.
3. The Deutsche Auswandererhaus is liable for damages caused by slight negligence only if they are due to the violation of an essential contractual obligation or a cardinal obligation in a manner that endangers the purpose of the contract. In these cases, liability is limited to foreseeable typical contractual damages.
4. Items brought in will be stored free of charge without a liability claim during the museum’s opening hours. Valuables, such as money, EC and credit cards, and jewelry, may not be handed over. Liability is excluded.
VIII, Final Provisions
1. Changes or additions to the contract, the contact person, or these terms and conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of fulfillment and payment is the business address of the Deutsche Auswandererhaus.
3. The exclusive jurisdiction in commercial transactions is the location of the Deutsche Auswandererhaus or at the discretion of the Deutsche Auswandererhaus. If a contracting party does not have a general jurisdictional residence in the country, the seat of the Deutsche Auswandererhaus shall apply as the jurisdiction. However, the Deutsche Auswandererhaus is entitled to initiate lawsuits and other judicial proceedings at the general jurisdiction of the customer.
4. The law of the Federal Republic of Germany applies; in particular, the law of the state of Bremen.
5. If any individual provisions of these General Terms and Conditions for the service exemption are invalid or become invalid, this will not affect the validity of the remaining provisions. Furthermore, the statutory provisions apply.