General Terms and Conditions

AGBs

PREAMBLE

Bergson GmbH operates and leases the space of the Bergson Kunstkraftwerk, Am Bergson Kunstkraftwerk 2, 81245 Munich.

The Bergson Kunstkraftwerk is a unique location in Munich and beyond. In the rooms of the former Aubing cogeneration plant and the associated new building, visitors can experience art, culture, gastronomy and events in a new and particularly approachable way over an area of 20,000 square meters. In addition to an extensive art and cultural offering, which includes two outstanding venues, the Elektra Tonquartier concert hall and the Barbastelle live club, the Bergson also boasts the largest gallery in Germany in terms of floor space.

The Bergson has a large number of ultra-modern and versatile rooms for events of all kinds - from conferences, product presentations and press conferences to large corporate events, for which Bergson GmbH sees itself as a full-service provider and rental company.

§1 SCOPE OF APPLICATION

These terms and conditions govern the legal relationship between Bergson GmbH and various contractual partners (hereinafter referred to as "contractual partners"), including

Ticket purchasers and visitors for the purchase of tickets, vouchers and for participation in events, as well as

tenants for the rental of conference, banquet and event rooms of Bergson GmbH for the organization of events, such as banquets, conferences, seminars, trade fairs, private parties, gala events, etc., and all other services provided for the contractual partner on the premises of Bergson GmbH, as well as

Suppliers and creditors for the delivery of goods and services

In addition, all other deliveries and services of Bergson GmbH related to the core business are also regulated.

Upon conclusion of a contract, these terms and conditions are deemed to be agreed. Deviating, conflicting or supplementary terms and conditions only apply if they are recognized in writing by Bergson GmbH. Insofar as the terms and conditions of the contractual partner / the party joining the contract deviate in whole or in part, these do not become part of the contract, even if they have not been expressly contradicted. Something else only applies if Bergson GmbH has agreed to the terms and conditions of the contractual partner in writing.

These General Terms and Conditions of Purchase also apply if Bergson GmbH accepts the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the contractual partner.

The house rules of Bergson GmbH are an integral part of every contractual relationship and are recognized upon conclusion of the contract.

SECTION 1 // FOR VISITORS AND TICKET PURCHASERS

With the purchase of a ticket, a product and / or a voucher as well as a chair sponsorship, these terms and conditions are deemed to have been agreed.

§2 CONCLUSION OF CONTRACT

1. tickets can be purchased at Bergson Kunstkraftwerk or online on the Bergson GmbH website.

2. the presentation of the ticket offer on the Bergson GmbH website does not constitute a legally binding offer, but invites visitors and ticket buyers to submit an offer to purchase. A legally binding offer is declared when visitors and ticket purchasers go through the order process by entering the information requested there and clicking the button that clearly obliges them to pay.

3. visitors and ticket purchasers will receive an order confirmation to the e-mail address they have provided immediately after completing the order. By confirming the order, Bergson GmbH declares its acceptance of the offer. The order confirmation contains a link to the tickets ordered. The tickets are provided as print-at-home tickets or mobile tickets.

§3 ADMISSION PRICES AND DISCOUNTS

1. the performances are assigned to different price categories. Tickets can be allocated to several seating groups. The ticket price includes booking fees, ticket and license fees as well as applicable tax rates.

2. the ticket price does not include the fee for the checkroom service. Program booklets, text books and other services are generally not included in the ticket price.

3. discounts are granted on presentation of the appropriate identification. In the case of online bookings, proof of entitlement to a discount must be presented on admission. If proof cannot be provided, the difference to the full admission price must be paid subsequently. Bergson GmbH reserves the right not to grant discounts on certain performances. Discounts, commissions, promotions and rebates are mutually exclusive.

§4 TICKET RETURN AND TICKET EXCHANGE

1. the return of sold tickets is excluded.

2. sold tickets cannot be exchanged.

3. there is no right of revocation for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services (§ 312g paragraph 2 sentence 1 no. 9 BGB). Every order for tickets is therefore binding immediately after confirmation by Bergson GmbH and obliges the customer to accept and pay for the tickets in accordance with the existing regulations.

Changes to the cast and other changes to the performance schedule do not entitle the customer to return tickets or to a partial refund of the admission price.

4. no replacement will be provided for tickets that have expired.

5. if a different work is performed instead of the work that was announced when the tickets were purchased, the tickets purchased can be returned up to the start of the performance; if a performance is changed or canceled at short notice, a return is possible within seven days of the original performance date.

6. if a performance is canceled, the admission fee will only be refunded if less than half of the performance had been shown at the time of the cancellation. The refund claim expires if it is not asserted within five days.

§5 TICKET DISPATCH

Tickets for concerts or events of any kind organized by Bergson GmbH can only be purchased online or on site. Tickets can be made available as print-at-home tickets or mobile tickets. Tickets will not be sent by post.

§6 CHAIR SPONSORSHIP 2025

1. at least 10 children's and youth concerts will be realized in 2025 with the income from chair sponsorships 2025. The dates of the chair sponsorship concerts will be announced online in good time. The chair sponsorships are only valid for the specified year and are not automatically renewed. A donation receipt is excluded.

2. the return of sold chair sponsorships is excluded.

3. the selection of chairs for a sponsorship takes place during the purchase process. There is no guarantee of specific chairs. Only while stocks last.

§7 VOUCHERS

1. vouchers are generally valid for two years from the date of issue of the voucher. The expiration date is noted on the voucher. Vouchers of all types expire two years after they have been issued.

2. vouchers can be redeemed at Bergson Kunstkraftwerk for tickets in the online store as well as at the box office for many events. Tickets are allocated according to availability; there is no legal entitlement to a specific date or specific seats.

3. the voucher can also be used for the gastronomic offers in the Bergson Kunstkraftwerk. Please speak to our service colleagues on site.

4. consumers can revoke vouchers purchased online without giving reasons within fourteen days of receipt by clearly declaring the revocation to Bergson GmbH. As soon as the voucher for an event with a fixed date has been redeemed in full, the right of withdrawal is excluded. If the voucher has only been partially redeemed, the right of revocation is limited to the outstanding amount of the voucher.

§8 RIGHTS OF BERGSON GMBH

1. bergson GmbH reserves the right to slightly postpone starting times and to change event rooms. In the event of postponements and changes, tickets shall remain valid and visitors and ticket purchasers may be allocated new seats.

2 Bergson GmbH is entitled to withdraw from the contract if

fraud, deception or attempted deception or fraud is detected in connection with the purchase or redemption of tickets,

there are serious doubts about the ability or willingness of visitors and ticket purchasers to pay.

§9 LOSS OF TICKETS

If a visitor loses his/her admission ticket, Bergson GmbH may issue him/her with a replacement ticket if he/she can credibly demonstrate which admission ticket he/she has purchased. The holder of a replacement ticket has priority over the holder of the original ticket.

§10 ADMISSION AND CONTROLS

1. the admission time will be announced when the tickets are purchased.

2 Bergson GmbH makes ticket control at admission a condition of its contractual obligation to perform. Admission may be refused due to delays or non-availability of tickets. Claims for compensation are limited to reimbursement of the ticket purchase price.

§11 PROHIBITION OF IMAGE AND SOUND RECORDINGS

The making of image and sound recordings during a performance is prohibited. Sound, film and video recordings of the event are generally not permitted, even for personal use. Infringements may give rise to claims for damages or result in measures being taken. Bergson GmbH accepts no liability whatsoever in the event of infringement of these provisions, in particular in the case of publication of recordings of performing artists on the Internet or similar.

§12 LIMITATION OF LIABILITY

1. the liability of Bergson GmbH in connection with the purchase of tickets, vouchers, chair sponsorships or the attendance of an event is excluded to the extent permitted by law.

2. the limitation of liability does not apply to damage caused intentionally or through gross negligence. Liability in the event of negligent injury to life, limb or health and liability in the event of culpable breach of material contractual obligations shall remain unaffected. Essential contractual obligations are those whose fulfillment is necessary for the achievement of the objective of the contract or which make the execution of the contract possible in the first place.

3. if the breach of an essential contractual obligation is due to slight negligence, the liability of Bergson GmbH is limited to the amount that was foreseeable for Bergson GmbH at the time of the provision of the respective service.

§13 TRANSFER OF RIGHTS

Upon handover of the admission ticket, Bergson GmbH is irrevocably authorized to make image and sound recordings of the visitors:(1) to make or have made image and sound recordings of the visitors and shall be granted the exclusive right, free of charge, to use these recordings in whole or in part as often as desired, irrespective of the technical transmission method, on television and on the Internet.(1) on television and on the Internet, irrespective of the technical transmission method, the type of receiving device, the broadcasting station and the gratuitousness vis-à-vis the consumer:(2) to make available to users for individual retrieval by means of a television, computer or similar device ("TV").("on-demand"), (3) to distribute for non-broadcast audiovisual exploitation on image/sound carriers, (4) to archive and (5) to use within the scope of all technically as yet unknown types of use. The rights granted may be transferred to third parties without the consent of the visitor.

§14 FORCE MAJEURE

1. if visitors are prevented from attending the performance for reasons for which Bergson GmbH is not responsible (force majeure) or which are not foreseeable or could have been averted by reasonable efforts on the part of Bergson GmbH, Bergson GmbH shall be released from its obligation to perform. Force majeure includes, for example, lawful industrial action, including in third-party companies, official measures such as closures due to terror warnings, etc. This regulation also covers the case that a performance is canceled due to technical faults that were not foreseeable and could not be remedied by reasonable measures or precautions could not be taken against them.

2 In this case, the affected guests are not entitled to any compensation or other claims against Bergson GmbH.

3. in the event of force majeure, the contractual partners are obliged to provide the necessary information without delay and to adapt their obligations to the changed circumstances in good faith.

4. if the duration of the impediment is more than two months, each party shall be entitled to withdraw from the contract insofar as the party is no longer interested in fulfilling the contract as a result of the impediment. Upon request, the other party shall be informed after the expiry of the deadline whether the contract will be rescinded or the performance obligation fulfilled within a reasonable period of time.

SECTION 2 // FOR THE RENTAL OF CONFERENCE, BANQUET AND EVENT ROOMS OF BERGSON GMBH

§15 CONCLUSION OF CONTRACT AND CONTRACTUAL PARTNER

1. the contract is concluded through the acceptance of the application by Bergson GmbH.

2. if the rental contract partner is not himself the organizer or if a commercial agent or organizer is engaged by the organizer (hereinafter "acceded party"), they shall be jointly and severally liable under the contract.

3. the subletting or re-letting of the rooms, areas or objects provided for events by the contractual partner / the acceded party requires the prior written consent of Bergson GmbH. This also applies to the publication of event notices in the form of newspaper advertisements, social media, etc., insofar as Bergson Kunstkraftwerk appears by name or with a logo image.

4 The contractual partner and the parties to the contract assure that complete information has been provided about the purpose, the objective and the participants in the planned event.

5. the contractual partner and, if applicable the parties to the contract undertake to indemnify Bergson GmbH from the obligation to pay GEMA fees, contributions to the artists' social security fund and any applicable foreigner's tax for music performances in the rented rooms and to pay the fees incurred for their own account.

6. the domiciliary rights, the authority to control and the determination of security measures are generally the responsibility of Bergson GmbH. In addition, the contractual partner and the acceded parties exercise these rights within the framework of the event to be held for the duration of the event.

§16 SERVICES, PRICES, PAYMENT

1 Bergson GmbH is obliged to provide the service ordered and confirmed by Bergson GmbH in writing.

2. the contractual partner and the parties to the contract are obliged to pay the contractually agreed prices. This also applies to services and expenses incurred by Bergson GmbH to third parties in connection with the event. For services after midnight, Bergson GmbH is entitled to charge night surcharges per hour or part thereof for the provision of employees.

3. the contractually agreed prices are subject to the statutory value added tax applicable at the time of performance. Invoicing and payment shall be made in euros (€). If the period between the conclusion of the contract and the execution of the event exceeds four months and the price generally charged by Bergson GmbH for such services increases during this period, the contractually agreed price can be adjusted accordingly, but increased by a maximum of 10%.

4 Invoices from Bergson GmbH without a due date are payable immediately without deduction. In the event of late payment, Bergson GmbH is entitled to at least the legally permissible default interest. The contractual partner reserves the right to prove a lower damage caused by delay, Bergson GmbH reserves the right to prove a higher damage caused by delay.

5 Bergson GmbH is entitled to demand an appropriate advance payment. Unless otherwise contractually agreed, a down payment of 50% of the room rental fee must be paid upon conclusion of the contract. The remaining amount of the room rental is payable three months before the start of the event. For the agreed food and beverage sales, event technology and other services provided by Bergson GmbH, a deposit of 80% must be paid up to three months before the start of the event, unless otherwise contractually agreed.

6. the contractual partner/acceded party can only offset a claim of Bergson GmbH with an undisputed or legally established claim.

§17 WITHDRAWAL OF BERGSON GMBH FROM THE CONTRACT

1. bergson GmbH is entitled to withdraw from the contract in case of impossibility of contract fulfillment due to force majeure or other circumstances for which bergson GmbH is not responsible.

2. bergson GmbH is also entitled to withdraw from the contract for objectively justified reasons, in particular if:

the advance payment is not made even after a reasonable grace period set by Bergson GmbH has expired,

the acceptance of the application is based on misleading or false information about essential facts in connection with the planned event,

there is reasonable cause to believe that the event may jeopardize the smooth running of the business, the safety or the public reputation of Bergson GmbH,

there are violations of the obligation to notify subletting or re-letting of rented rooms, areas or objects

the contractual partner and / or the acceded party has filed an application for the opening of insolvency proceedings with the local court,

provisional insolvency proceedings are decided against the contracting party and/or the acceded party or insolvency proceedings are opened or rejected for lack of assets.

3 Bergson GmbH must inform the contractual partner and the acceded party immediately in text form of the exercise of the right of withdrawal.

4. in the event of a justified withdrawal from the contract by Bergson GmbH, the contractual partner and / or the acceded party have no claim for damages.

§18 CANCELLATION

1. the contractual partner may cancel services booked by him. Cancellations and changes must be made in writing. Decisive is the receipt of the cancellation by Bergson GmbH.

2. services agreed in connection with the contract (e.g. rental of premises, rental of technical equipment and facilities, food and beverages, booked partner services) can be canceled free of charge on a pro rata basis in accordance with the scale in the appendix to the General Terms and Conditions.

§19 CHANGE IN THE NUMBER OF PARTICIPANTS AND / OR THE TIME OF THE EVENT

1. the contractual partner / the acceded party undertakes to notify the exact number of participants and the binding selection of food and beverages in text form no later than 15 working days before the start of the event.

2. the registered number of participants shall form the basis for the calculation of the contractually agreed services.

3. if the number of participants on the day of the event is lower than the binding number previously notified, this shall not give rise to any claims for a reduction in the contractually agreed remuneration.

4. if the number of participants on the day of the event exceeds the number of participants previously communicated as binding, this shall form the basis for the contractually agreed remuneration.

5. if the number of participants deviates by more than 10%, Bergson GmbH is always entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the contractual partner / the acceded party.

6. if the agreed start and end times of the event are postponed without the prior written consent of Bergson GmbH, Bergson GmbH may charge the contractual partner and / or the acceded party for additional costs of readiness to perform. This does not apply if the postponement is due to the fault of Bergson GmbH.

7. Bergson GmbH may assign the contractual partner / the acceded party to event rooms other than those originally booked if this is reasonable for the contractual partner, in particular if urgent maintenance work has to be carried out or if the originally booked rooms have to be used elsewhere.The contractual partner / acceded party shall be entitled to allocate rooms other than those originally booked if this is reasonable for the contractual partner, in particular if urgent maintenance work has to be carried out or if the originally booked rooms are required elsewhere and the alternatively allocated rooms are comparable to the originally booked rooms in terms of capacity and equipment, or are at least equally suitable for the event planned by the contractual partner. Bergson GmbH will inform the contractual partner of any changes to the event rooms without delay.

§20 BRINGING ALONG FOOD, DRINKS, FLOWERS AND FURNISHINGS

1. the contractual partner/acceded party may not bring food, drinks, flowers and furnishings to events. Exceptions require the written consent of Bergson GmbH. In such cases, Bergson GmbH will charge a contribution to cover overheads.

2. the attachment of advertising material / branding by the contractual partner requires the prior written consent of Bergson GmbH. In the event of approval by Bergson GmbH, the dimensions and location of the advertising material must be agreed.

3. the contractual partner/acceded party undertakes to use only such decoration material that complies with fire safety requirements; the technical guidelines of Bergson GmbH apply. Bergson GmbH is entitled to demand official proof of this. The installation and attachment of objects in the rented rooms must be agreed with Bergson GmbH.

§21 TECHNICAL EQUIPMENT AND CONNECTIONS

1. the technical guidelines of Bergson GmbH apply.

2. the technical equipment of Bergson GmbH is to be used on the premises of Bergson GmbH; exceptions are only permitted with the prior written consent of Bergson GmbH. The contractual partner / acceded party is obliged to comply with the technical guidelines of Bergson GmbH; any deviation from the technical guidelines requires the prior written consent of Bergson GmbH.

3. insofar as Bergson GmbH procures technical or other equipment from third parties at the instigation of the contractual partner, it acts in the name, on behalf of and for the account of the contractual partner. The contractual partner / acceded party is liable for any violation of the general duties of care and supervision during the period of use of these objects or facilities. The contractual partner/acceded party undertakes to return the items properly and indemnifies Bergson GmbH against any third-party claims arising from the transfer.

4. the use of the contractual partner's / acceded party's own electrical equipment using Bergson GmbH's electricity network requires written consent. The contracting party / acceded party is liable for all malfunctions or damage to the technical equipment and facilities of Bergson GmbH caused by the use of his equipment. This does not apply if Bergson GmbH is responsible for the cause of the damage.

5) Bergson GmbH is entitled to charge a flat rate for the electricity costs incurred by the use of equipment brought along and to invoice the contractual partner.

6. the use of own telecommunication and internet media and / or the provision of such via a third party by the contractual partner / acceded party in the rooms rented by Bergson GmbH requires prior written consent.

7. if suitable systems of Bergson GmbH remain unused due to the connection of the contracting party's own systems, Bergson GmbH is entitled to charge a compensation for loss.

§22 DISMANTLING, LOSS OR DAMAGE TO PROPERTY OF THE CONTRACTING PARTY OR THE ACCEDED PARTY

1. dismantling and final cleaning must be completed by 08:00 a.m. of the following day at the latest. The costs for support during night-time dismantling shall be calculated individually and must be borne by the Contractual Partner / Acceded Party from the end of the event.

2 Bergson GmbH accepts no liability for exhibition or other objects brought into the rented rooms by the contractual partner/acceded party for the event, unless Bergson GmbH is at fault for the loss, destruction or damage of these objects due to intent or gross negligence.

3. the contractual partner / acceded party undertakes to remove all items brought in immediately after the end of the event. If the contractual partner/acceded party fails to comply with this obligation, Bergson GmbH is entitled to remove all third-party objects from the event rooms and store them at the expense of the contractual partner/acceded party.

4. if the objects remain in the event rooms, Bergson GmbH is entitled to demand room rental for the duration of their retention. The contractual partner/acceded party reserves the right to prove lower damages, Bergson GmbH reserves the right to prove higher damages.

§23 LIABILITY OF BERGSON GMBH

1. bergson GmbH is only liable to the contractual partner / acceded party,

if a certain characteristic of the rental property has been guaranteed or a defect has been fraudulently concealed;

for culpable injury to life, limb and health;

for the breach of essential contractual obligations, i.e. obligations which make the proper execution of the contract possible in the first place and on the observance of which the contractual partner/acceded party may regularly rely, in the case of simple negligence, however, limited to the foreseeable damage typical for the contract;

for damages caused intentionally or through gross negligence.

2. this applies in particular in the event of equipment failure, operational disruptions or other events that impair or prevent the event.

§24 LIABILITY OF THE CONTRACTUAL PARTNER OR THE ACCEDED PARTY

1. the contractual partner / acceded party is obliged to report any damage to Bergson GmbH immediately.

2. the contractual partner / acceded party is liable for all damage caused to buildings and / or inventory by event participants or visitors, employees and / or other third parties that are attributable to the organizational and control area of the contractual partner / acceded party.

3. the contractual partner / acceded party is obliged to comply with all current health and safety regulations and safety regulations for employees as well as the house rules of Bergson GmbH at its own expense at all times during the work on the entire premises of Bergson GmbH. Bergson GmbH assumes no liability for the persons employed by the contracting party / acceded party for the event in the rented rooms.

4 Bergson GmbH is entitled to demand appropriate securities (e.g. insurance, deposit, guarantees) for its claims from the contractual partner.

5. the contractual partner/acceded party is obliged to ensure the safety and order of events with more than 600 participants at its own expense. To this end, it must request personnel from the fire department and the medical assistance service to supervise the event and check their presence before the start of the event.

§25 EXCLUSION § 545 BGB

A tacit extension of the tenancy is excluded. § Section 545 BGB does not apply.

SECTION 3 // FOR SUPPLIERS AND CREDITORS

§26 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS AND CONTRACTUAL LIABILITY

1. the contract is concluded by the acceptance of the application by Bergson GmbH. The contract is considered concluded when Bergson GmbH confirms an order.

2. these terms and conditions of purchase only apply to entrepreneurs according to § 310 paragraph 1 BGB.

§27 ORDER

Supply contracts (order and acceptance) as well as their amendments and supplements must be in text form in order to be valid. The order shall lose its binding force if the supplier has not accepted it within 5 working days.

§28 DELIVERY DATES AND DELIVERY PERIODS

1. agreed dates and deadlines are binding. The receipt of the goods by Bergson GmbH is decisive for compliance with the delivery date or the delivery period.

2. the contractual partner is obliged to inform Bergson GmbH immediately in writing, stating the reasons, if circumstances occur or become apparent to him, which indicate that the agreed delivery time cannot be met. If the contracting party fails to notify Bergson GmbH, he cannot invoke the obstacle against Bergson GmbH. The rights of the contractual partner from delay in delivery according to § 29 of these GTC remain unaffected.

3. the contractual partner is only entitled to partial deliveries or partial services if Bergson GmbH has expressly agreed in writing beforehand.

4. deliveries before expiry of the agreed delivery date are only permitted if this has been expressly approved in writing by Bergson GmbH. In this case, Bergson GmbH reserves the right to charge the contractual partner for the costs of storing the goods delivered too early.

§29 DELAY IN DELIVERY

1. if the contract partner does not fulfill within the agreed period or on the agreed date, he is liable according to the legal regulations.

2. bergson GmbH is entitled to demand liquidated damages for delay in the amount of 10% of the delivery value.

§30 SHIPPING INSTRUCTIONS - TRANSFER OF RISK

1. unless otherwise agreed in writing, deliveries must be made free domicile to the specified delivery address in compliance with the shipping instructions of Bergson GmbH. The contractual partner bears the material risk until the acceptance of the delivery or service by Bergson GmbH.

2. the contract partner is obliged to state exactly the order number as well as the supplier and article numbers of the order on all shipping documents and delivery bills; if he fails to do so, he is responsible for delays in processing. Bergson GmbH is not obliged to accept a delivery that does not fulfill the above requirements.

3. the contractual partner must use the most suitable packaging for the goods in compliance with the relevant regulations and guidelines.

§31 PRICES AND INVOICE

1. the price agreed between Bergson GmbH and the supplier is a fixed price including delivery, packaging and insurance costs and, if necessary, customs duties or taxes. The prices do not include the statutory value added tax.

2. invoices are only processed by Bergson GmbH if they fulfill the respective valid legal regulations and - according to the specifications of the order - contain the order, supplier and article number shown there. Invoices are to be addressed to the relevant invoice recipient. The contractual partner is responsible for all consequences arising from non-compliance with this obligation, unless he can prove that he is not responsible for them.

3. the Bergson GmbH is entitled to offsetting and retention rights to the legal extent.

§32 PAYMENT

1. payment is made insofar as verifiable invoices are available. The agreed discount and payment periods shall run from receipt of the proper invoice, but at the earliest from the date of receipt of the goods. The date of the bank transfer or the handover of the check shall be decisive for compliance with the payment deadline.

2. in the event of delivery contrary to the contract, Bergson GmbH is entitled to withhold payment pro rata until proper fulfillment.

3. the contract partner is not entitled to assign his claims against Bergson GmbH or to have them collected by third parties without the prior written consent of Bergson GmbH, which may not be unreasonably withheld. If the contract partner assigns his claim against Bergson GmbH to a third party contrary to sentence 1, this is nevertheless effective.

§33 RETENTION OF TITLE

Upon receipt of the goods, Bergson GmbH acquires direct ownership of the delivered goods. Bergson GmbH recognizes a simple retention of title if the contractual partner proves that this is necessary for the purpose of securing commercial credit. A more extensive retention of title is excluded.

§34 NOTICE OF DEFECTS

Bergson GmbH is obliged to inspect the goods within a reasonable period of time for any quality and quantity deviations; the notice of defects is timely if it is received by the supplier within a period of 15 working days, calculated from receipt of goods or, in the case of hidden defects, from discovery. In this respect, the contractual partner waives the objection of delayed notification of defects.

§35 LIABILITY FOR DEFECTS

1. the contractual partner fully warrants that the goods have no defects that impair their value or suitability, have the agreed or guaranteed quality, are suitable for the use assumed under the contract, comply with the latest state of development and manufacture in terms of materials and technology and the relevant statutory provisions and ordinances (e.g. Equipment Safety Act, Foodstuffs and Commodities Act, environmental regulations, the applicable safety regulations), and are free from defects.(e.g. Equipment Safety Act, Foodstuffs and Commodities Act, environmental regulations), the applicable safety requirements and the occupational safety and accident prevention regulations.

2. if the delivery is qualitatively or quantitatively contrary to the contract, Bergson GmbH is entitled to the statutory claims for defects in full; in any case, Bergson GmbH is entitled to demand that the contractual partner remedy the defect or deliver a new item or complete the delivery.

3. the right to compensation, in particular to compensation instead of performance, is expressly reserved. If the contractual partner does not comply with Bergson GmbH's request for supplementary performance within a reasonable period of time, Bergson GmbH may withdraw from the contract without setting a further deadline, reduce the purchase price or claim damages or compensation for futile expenses.

4 Bergson GmbH is particularly entitled to remedy the defect itself at the expense of the contractual partner if there is imminent danger or special urgency.

5. if the contractual partner has assumed a guarantee for the quality or durability of the delivery item, Bergson GmbH can also assert the claims from the guarantee:

Claims arising from liability for defects expire 36 months after delivery of the goods to the place of delivery specified by Bergson GmbH. A shortening of this period is excluded. In the case of subsequent delivery, the limitation period begins again with the delivery.

6. further legal claims of Bergson GmbH, in particular from product liability law, unauthorized action and management without order, remain unaffected by the above provisions.

§36 PRODUCT LIABILITY - INDEMNIFICATION - LIABILITY INSURANCE COVER

1. if the contractual partner is responsible for a product damage, he is obliged to indemnify Bergson GmbH from claims for damages of third parties on first request, as far as the cause is set in his area of control and organization and he himself is liable in the external relationship.

2. within the scope of his liability for cases of damage according to clause 1, the contractual partner is also obliged to reimburse any expenses arising from or in connection with a recall action carried out by Bergson GmbH. The contractual partner will inform the supplier about the content and scope of the recall measures to be carried out - as far as possible and reasonable - and give him the opportunity to comment. Other legal claims remain unaffected.

3. the contractual partner is obliged to take out the necessary public liability and product liability insurances and to maintain them for the duration of this contract, i.e. until the respective expiry of the limitation period for defects, which are necessary to cover all claims for damages of Bergson GmbH in connection with the delivery of the goods. A limitation of the insurance coverage requires the written consent of Bergson GmbH. If Bergson GmbH is entitled to further claims for damages, these remain unaffected.

§37 PROPERTY RIGHTS

1. the contract partner guarantees that in connection with the delivery as well as with the delivery as such or the service no rights of third parties, such as patents, trademarks, designs, utility models, distribution conditions, copyrights or other rights, are violated. Bergson GmbH is only obliged to clarify in court whether and to what extent third-party property rights exist if the contractual partner expressly requests this and disburses the expected necessary costs.

2. if a claim is made against Bergson GmbH by a third party for this reason, the contract partner is obliged to indemnify Bergson GmbH from these claims upon first written request. Bergson GmbH is not obliged to make any agreements with the third party - without the consent of the supplier - in particular to conclude a settlement.

3. the indemnification obligation of the contractual partner refers to all expenses necessarily incurred by Bergson GmbH from or in connection with the claim by a third party.

4. the limitation period for these claims is ten years, beginning with the conclusion of the respective contract.

§38 WARRANTIES

1. the contractual partner warrants that it will only deliver products that bear the legally required safety marks (e.g. VDE / TÜV / GS / FTZ / ZZF / CE) and have been manufactured in accordance with the relevant safety regulations and guidelines and bear the required hazardous substance labels in accordance with the statutory regulations.

2. the contractual partner warrants that the delivered products comply with national and European environmental protection regulations.

3. the contractual partner warrants that all transport, outer and sales packaging used by it is refillable or recyclable within the meaning of the Ordinance on the Avoidance of Packaging Waste.

4. In cases where legally binding or customary return systems for goods, used goods, packaging or similar exist or are introduced during the business relationship, the contractual partner assures to participate in these systems.business relationship, to participate fully in these systems at its own expense and to ensure comprehensive and immediate return and disposal at all times. Exceptions to this require the written consent of the customer.

SECTION 4 // GENERAL PROVISIONS

§39 HOUSING LAW

1. the domiciliary rights are exercised by Bergson GmbH and the respective event organizer or by the third party commissioned by Bergson GmbH or the respective event organizer.

2. the instructions of Bergson GmbH and the respective event organizer as well as the third parties commissioned by Bergson GmbH or the respective event organizer must be followed at all times and without delay.

3. a breach of the instructions may result in a reprimand.

4. visitors may be refused entry to the venues or event locations if there is reason to believe that they will disrupt the performance or cause a nuisance to other visitors.

5. admission may also be denied to visitors who have repeatedly violated these General Terms and Conditions.

6. persons who obstruct ticket sales or harass visitors may be expelled from the premises.

7. smoking is not permitted anywhere in the building.

8. food and drink may not be brought into the building. Eating and drinking in the venues or event locations is not permitted.

§40 LEGAL OBLIGATIONS OF THE CONTRACTUAL PARTNERS

The contractual partner / acceded party must comply with all statutory regulations, in particular those of the Ordinance on the Construction and Operation of Places of Assembly (VStättVO), the Occupational Health and Safety Act, the Working Hours Act, the Trade Regulations, the Youth Protection Act, preventive fire protection and the accident prevention regulations of the employers' liability insurance associations on its own responsibility.

§41 DATA PROTECTION

Bergson GmbH processes personal data in accordance with the data protection regulations. These can be accessed by ticket purchasers, visitors and contractual partners in their current version at https://bergson.com/datenschutz. Ticket purchasers, visitors and contractual partners give Bergson GmbH their express consent to this upon conclusion of the legal transaction. The statutory rights regarding possible revocation options remain unaffected.

§42 FINAL PROVISIONS

1. individual agreements that deviate from the above rules must be made in writing.

2. amendments or additions to the application, the contract or these GTC must be made in writing. Verbal amendments or additions are generally invalid. Cancellation of contracts must be made in writing.

3. place of fulfillment and payment is the registered office of Bergson GmbH.

4. the exclusive place of jurisdiction for commercial transactions is the registered office of Bergson GmbH. If a contracting party is a contracting party in the sense of § 38 para. 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of Bergson GmbH.

5. the law of the Federal Republic of Germany shall apply exclusively.

6. bergson GmbH is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act (VSGB).

7. should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Attn. Management Bergson GmbH
04 / 2025

SERVICE, COMPLAINTS AND DISPUTE RESOLUTION

If you have any questions or complaints, please contact us:

Bergson GmbH

Am Bergson Kunstkraftwerk 2,81245 Munich

info@bergson.com

089 / 4444 348 0