Terms & Conditions

GENERAL TERMS AND CONDITIONS OF BERGSON GMBH

FOR VISITORS AND TICKET PURCHASERS

 

§ 1 SCOPE OF APPLICATION

 

The business relationship between Bergson GmbH, Am Bergson Kunstkraftwerk 2, 81245 Munich, registered in the Commercial Register of the Local Court of Munich under HRB 285105, and visitors and customers is governed exclusively by the following General Terms and Conditions in the version valid at the time the contract is concluded. Deviating general terms and conditions are not recognized unless Bergson GmbH expressly agrees to their validity in writing.

 

 

§ 2 CONCLUSION OF CONTRACT

 

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

 

  1. 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 ordering process by entering the information requested there and clicking the button that clearly obliges them to pay. However, the offer can only be submitted and transmitted if the visitors and ticket purchasers accept these terms and conditions.

 

  1. 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. Tickets will not be sent by post.

 

 

§ 3 ADMISSION PRICES

 

  1. Bergson GmbH offers different price categories. The prices include the applicable statutory value added tax. The ticket price does not include the contribution for the checkroom service, program booklets and other services.

 

  1. Discounts are granted on presentation of the appropriate identification. In the case of online bookings, proof of entitlement to a discount must be presented upon admission. If proof cannot be provided, Bergson GmbH is entitled to demand the difference to the full admission price. Discounts, commissions, promotions and rebates are mutually exclusive.

 

 

§ 4 TICKET RETURN AND TICKET EXCHANGE

 

  1. Tickets sold cannot be exchanged or returned. No replacement will be provided for expired tickets.

 

  1. There is no right of withdrawal 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 II 1 No. 9 BGB). Each order of tickets is therefore binding immediately after confirmation by Bergson GmbH.

 

  1. 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 ticket price. 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.

 

  1. If a performance is canceled, the ticket price will be refunded if less than half of the performance had been shown at the time of cancellation. The refund claim expires if it is not asserted within fourteen days.

 

 

§ 5 CHAIR SPONSORSHIP

 

  1. The chair sponsorship serves to support the cultural education of children and young people. The income from the chair sponsorships is used exclusively for the conception, organization and performance of the children's and youth concerts organized by Bergson GmbH.

 

  1. The chair sponsorship is valid for the calendar year in which the contract is concluded. It ends automatically on December 31 of the same year and is not automatically extended.

 

  1. The chair sponsors receive an invoice. Bergson GmbH cannot issue a donation receipt.

 

  1. An agreed chair sponsorship cannot be terminated prematurely unless there is an important reason for termination. The statutory right of withdrawal for consumers remains unaffected by this.

 

 

§ 6 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 are issued.

 

  1. 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.

 

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

 

  1. Right of withdrawal

Consumers can revoke vouchers purchased online without giving reasons within fourteen days of receipt by clearly declaring their revocation to Bergson GmbH (e.g. by letter, fax or e-mail). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

 

Consequences of revocation

If the revocation takes place, Bergson GmbH must repay you all payments that Bergson GmbH has received from you immediately and at the latest within fourteen days from the day on which Bergson GmbH received the declaration of revocation. For this repayment, Bergson GmbH will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. There is no right of withdrawal 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 (Section 312g (2) sentence 1 no. 9 BGB). A right of withdrawal in the amount of the redeemed amount is excluded as soon as you redeem the voucher.

 

Sample withdrawal form

(If you wish to cancel the contract, you can complete and return this form).

 

- To Bergson GmbH, Am Bergson Kunstkraftwerk 2, 81245 Munich, +49 89 4444 348 0, info@bergson.com

 

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

 

- Ordered on (*)/received on (*)

 

- Name of the consumer(s)

 

- Address of the consumer(s)

 

- Signature of the consumer(s) (only for notification on paper)

 

- Date

 

(*) Delete as appropriate

 

 

§ 7 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.

 

  1. Bergson GmbH is entitled to withdraw from the contract if
  • fraud, deception or attempted fraud or deception 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.

 

 

§ 8 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 prove or credibly demonstrate which admission ticket he/she has purchased. The holder of a replacement ticket has priority over the holder of the original ticket.

 

 

§ 9 ADMISSION AND CONTROLS

 

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

 

  1. Bergson GmbH makes ticket control at admission a condition of its contractual obligation to perform. Admission may be refused due to late arrival or non-availability of tickets.

 

 

§ 10 PROHIBITION OF IMAGE AND SOUND RECORDINGS

 

The making of image and sound recordings during a performance is not permitted. Image and sound recordings of the event are generally not permitted, even for personal use. Infringements may in particular result in claims for damages.

 

 

§ 11 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.

 

  1. 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, as well as liability in the event of culpable breach of material contractual obligations, shall remain unaffected by the exclusion of liability. 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.

 

  1. 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.

 

 

§ 12 TRANSFER OF RIGHTS

 

Visitors and ticket purchasers consent to Bergson GmbH making or having made image and sound recordings of visitors and ticket purchasers in connection with the performance. Bergson GmbH receives a free, exclusive, transferable right of use, unlimited in terms of content, time and place, to use these recordings in whole or in part and, in particular, to publish them.

 

 

§ 13 FORCE MAJEURE

 

  1. If visitors and ticket purchasers are prevented from attending the performance for reasons for which Bergson GmbH is not responsible or which could not have been foreseen or averted by reasonable efforts on the part of Bergson GmbH (force majeure), Bergson GmbH is 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.

 

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

 

  1. 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.

 

  1. If the duration of the impediment is more than two months, each party is entitled to withdraw from the contract if 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 obligation to perform will be fulfilled within a reasonable period of time.

 

 

§ 14 HOUSE RIGHT

 

  1. The domiciliary rights are exercised by Bergson GmbH and the respective event organizers.

 

  1. The instructions of Bergson GmbH and the respective event organizer must be followed immediately and at all times.

 

  1. Any violation of the instructions may result in a reprimand.

 

  1. Visitors may be refused entry to the venues or event locations if there is reason to believe that they are disrupting the performance or disturbing other visitors.

 

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

 

  1. Persons who obstruct ticket sales or harass visitors may be expelled from the venue.

 

  1. Smoking is not permitted anywhere in the building.

 

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

 

  1. Otherwise, the house rules of Bergson GmbHapply toall contractual relationships and are recognized upon conclusion of the contract.

 

 

§ 15 DATA PROTECTION

 

Bergson GmbH processes personal data in accordance with the data protection regulations. Visitors and ticket purchasers give Bergson GmbH their express consent to this upon conclusion of the legal transaction. The statutory rights regarding possible revocation options remain unaffected.

 

 

§ 16 FINAL PROVISIONS

 

  1. Contracts between Bergson GmbH and visitors and ticket purchasers shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the visitors and ticket purchasers have their habitual residence as consumers, remain unaffected.

 

  1. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of Bergson GmbH.

 

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

 

  1. The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if any.

 

 

Signed. Management Bergson GmbH
04 / 2026

 

 

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

 

These GTC have been translated into other languages for better comprehensibility. In the event of differences of interpretation, contradictions and ambiguities between the different language versions, only the German version is legally binding.