General Terms and Conditions of Business and Payment
1. Scope of Application
These General Terms and Conditions of Business and Payment shall apply to all goods and services provided by the Foundation for the Jewish Museum Berlin (FJMB), represented by its director, Lindenstrasse 9-14, 10969 Berlin, which may be ordered by telephone or online over the website of the Foundation for the Jewish Museum. No terms of business deviating herefrom shall be recognized, unless the FJMB has expressly consented thereto in writing prior to conclusion of the relevant contract.
2. Conclusion of a contract
In connection with the purchase of tickets for admission, event tickets, tours, or other products, a contractual relationship arises exclusively as between the FJMB and its customer. The customer commissions the FJMB with settlement of the contract. Products are sold only to end customers and authorized retailers.
By confirming a purchase order with our customer service over the website of the FJMB, over the telephone, or in writing, the customer is making an offer for the FJMB to conclude a contract for the purchase of all products and services in his or her basket. By sending out an e-mail confirmation, the FJMB accepts this offer and the booking thereby becomes binding. We will not send any further confirmation by post. Cancellation is possible only in accordance with the conditions set forth below.
The FJMB makes use of external service providers in administration of its online services. Bookings are made in the shop system of the technical services provider Giant Monkey Software Engineering GmbH. The settlement of payments is conducted by Paymill GmbH in the name and for the account of the FJMB.
3. Prices and Payment
The prices offered on tickets for admission, event tickets, museum tours, and other products are exempted from value-added tax pursuant to § 4 No. 20 a of the German VAT Code (Umsatzsteuergesetz). Payment by the customer must generally be made in advance by one of the payment methods offered. Customers can also pay for services booked through customer service at the ticket counter when visiting the museum. In exceptional cases, upon request, we may issue an invoice for subsequent payment. Collective invoicing and payment is possible only when an agreement to this effect has been reached.
Gift certificates are valid for three years from the end of the calendar year in which they were acquired, and cannot be redeemed thereafter.
Confirmations, invoices, print@home-tickets, and tickets for admission are sent at the customer’s risk to the e-mail address he or she provides. Delivery of products ordered is made immediately after receipt of the purchase price. The risk of accidental loss shifts to the customer once the product is handed over to the delivery company. No replacements will be made. The product remains the property of the Foundation for the Jewish Museum Berlin until payment has been received in full.
5. Tickets for Museum admission and events
Tickets for admission entitle their holder to visit the exhibition/the Museum on the selected date and, in some cases, within the selected time window. Event tickets entitle their holder to attend the selected event.
Time windows refer only to the point in time at which the visitor enters the Museum. How long a visitor stays is unrestricted within the parameters of our regular opening hours, which you can review on our homepage www.jmberlin.de.
Tickets for admission and confirmations of participation that have been delivered electronically should either be printed out on a sheet of paper (size DIN A4) or stored in digital form on a mobile device to be shown prior to entry as proof that payment was made. All printed online-tickets and confirmations contain a barcode, which must under no circumstances be folded or damaged. The barcode will be validated by a scanner. Tickets for admission may not be transferred to other persons after entry.
Reduced or free tickets for admission are valid only in connection with corresponding proof of entitlement thereto. This proof must be shown to the ticket taker. If you are not entitled to receive a reduced or free ticket, you will be required to pay the difference to the regular ticket price at the ticket counter on the day of your visit.
Re-selling tickets commercially is not permitted. The FJMB will not grant entry to holders of manipulated, copied, or otherwise falsified tickets. The FJMB reserves the right to fix separate fees for entrance to special events. It is authorized to block or restrict access to certain areas of the Museum. No replacement shall be made in the event of the loss, theft, or failure to use your online-ticket.
6. Tours and other services
A restriction on the number of participants in each session applies to all tours, workshops, and other group offerings. You must have a prior reservation, which must be made not less than 14 days prior to your event. Confirmations delivered electronically should be printed out on a sheet of paper (size DIN A4) and shown at the ticket counter prior to your participation in the event.
Tours, workshops, and other group offerings will be conducted by an independently operating guide commissioned by the FJMB. The FJMB is responsible for selecting and commissioning a knowledgeable guide. In addition, all instructions relative to the conduct of and reservations for the tour set forth on the confirmation of your booking shall apply. The FJMB reserves the right to make minor changes in the program and to substitute a different guide. The age of children signed up for participation must correspond to the age group defined for the course; if not, we reserve the right not to allow your child to participate.
Unless expressly provided otherwise, the price for tours and other services does not include the price of admission.
Should the group appear late for its reservation, the length of the tour will be curtailed correspondingly. Your right to participate in the tour will lapse after 15 minutes.
7. Video and/or audio recordings
The FJMB reserves the right to make audio and/or video recordings or to broadcast certain events, or authorize other persons to do so. By purchasing a ticket of admission, visitors give their consent to the possibility that they may be recorded visually or verbally and that these recordings may be published or exploited without giving rise to any claim for compensation, to the extent the valid interests of such visitors do not bar this. The FJMB is authorized to use, and in particular to reproduce, distribute, display, and make publicly available, such recordings, provided this serves the interest of documenting the event and that no single person is placed in the foreground.
8. Domiciliary rights
The Director of the FJMB shall exercise the rights of domicile on the property and buildings of the Jewish Museum Berlin. Further, the Director may assign the right to exercise domiciliary rights to other authorized persons. Visitors shall comply with any instructions given by such persons. Visitors may be denied access, when there is a well-founded reason to believe that they will disrupt the operation of the Museum or disturb other visitors. Access may moreover be denied where a visitor has violated these General Terms and Conditions. Anyone who hampers or disrupts ticket sales, or who disturbs other visitors, may be directed to leave the Museum. Visitors may be directed to leave the Museum if they disrupt Museum operations or disturb other persons. In such cases, their price of admission shall not be refunded.
Ban from the Museum
If a person is banned generally from entering the Museum, this shall apply both to visiting the exhibitions and to attending events which take place within the rooms of the Jewish Museum Berlin. To obtain release from a general ban, you must send in a written application, explaining your case. The Foundation for the Jewish Museum Berlin will rule on such application within three months.
Smoking is prohibited in the Jewish Museum Berlin (this includes e-cigarettes). Signs and instructions to this effect must be obeyed. Smoking (and vaping) are permitted only in the outdoor areas.
Food and drinks
Visitors are permitted to bring food and drinks into the Museum. Eating or drinking is prohibited, however, in the exhibitions and at events that take place indoors at the Jewish Museum Berlin, to the extent this prohibition is not expressly waived (e.g., in the café area of the permanent exhibition). This applies to all food and drinks offered for sale in the Jewish Museum Berlin, as well.
Mandatory use of cloakroom
In order to protect the objects on exhibit in the Museum, all heavy overcoats, back-packs, umbrellas, and large (hand-)bags must be checked in the cloakroom, unless the visitor asserts an urgent need to bring them into the exhibition areas. This rule shall apply for all events that take place indoors at the Jewish Museum Berlin, as well.
For reasons of security, the contents of all (hand-)bags, containers, and clothing such as overcoats, jackets, and cloaks or wraps which the visitor brings into the Museum are subject to inspection by the security personnel of the Jewish Museum Berlin or other persons engaged for this purpose. Visitors are not permitted to bring into the Museum any objects, substances, or materials, which could endanger the safety of our visitors or impair their visit to the Museum. Visitors who do not consent to the Museum’s safekeeping of any object that could jeopardize the exhibits, any event, or our visitors will not be permitted to enter the Jewish Museum Berlin. Such a visitor shall have no claim to any refund of the price of admission. At events or on other special occasions, the Museum may, in keeping with its requirement to use the cloakroom generally applicable in the exhibition rooms, prohibit visitors from bringing (hand-) bags or other containers or unwieldy objects into the rooms in which the event takes place.
In case of fire or other emergencies, visitors must leave the Jewish Museum Berlin immediately and directly, using the exits marked for this purpose. Items deposited in the cloakroom shall not be returned in these situations. Visitors shall comply unconditionally with all instructions of the service personnel or others who have been commissioned with the evacuation of visitors by the Foundation for the Jewish Museum Berlin.
10. Rights of revocation
The provisions on rights of revocation applicable to distance contracts do not apply, under § 312g Para. 2 No. 9 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), to contracts for services in connection with leisure activities, where the contract foresees a specific date or time period for performance of the service.
Tickets for admission and event tickets, once paid for, cannot be cancelled or refunded.
Group tours and workshops can be cancelled without charge in writing no later than five days prior to the event. To meet this deadline, the cancellation must be received in writing by the Foundation for the Jewish Museum Berlin, Education Department, Lindenstrasse 9-14, 10969 Berlin, or by e-mail to firstname.lastname@example.org. The customer has the burden of proof in this respect.
In the event of any cancellation after the aforenamed deadline, or in the event the group does not show up at the appointed time, the invoice shall be due and payable in full.
It is not possible to cancel selected services from the offering; if the number of participants is reduced, the agreed-upon fee remains payable in full. The Museum assumes no liability for events that do not take place as a result of a force majeure, etc. A delay of up to 30 minutes in the time at which the event was scheduled to begin gives rise to no claim for reduction of the fee.
12. Cancellation by the Foundation for the Jewish Museum Berlin / Compensation of Damages
Should the event be cancelled for conservational, organizational, or technical reasons, the Foundation for the Jewish Museum Berlin is entitled to rescind the contract. In this case, any payments made shall be refunded. Any claims over and above this shall be barred.
The Foundation for the Jewish Museum Berlin reserves the right, however, to cancel a tour or workshop in the event there is too little interest in it or as a result of a force majeure (e.g., illness of the instructor or guide). Such cancellation shall be made not later than one week prior to the date on which the event was scheduled to take place. In this case, no charges will be imposed on the customer. The Foundation for the Jewish Museum Berlin shall not compensate the customer for any needless expenditures or other disadvantages that may result from such cancellation.
13. Limitation of liability
Any and all claims of the customer for compensation of damages are barred. An exception shall apply only for claims for compensation of damages that derive from an injury to or loss of life, body, or health, or from the violation of significant contractual obligations; and for claims of liability for other damages, which derive from any intentional or grossly negligent breach of duty by the Foundation for the Jewish Museum Berlin, its lawful representatives, or its agents.
14. Final provisions
The law of the Federal Republic of Germany shall govern. Application of the UN International Sales Convention is expressly barred.
The Foundation for the Jewish Museum Berlin reserves the right to modify these terms and conditions at any time without stating its grounds for doing so. Such amendments shall not apply to any bookings already made.
In the event that certain provisions shall be or become invalid or unenforceable, the validity of the remainder of the Agreement shall not be impaired thereby. The provision held invalid, whether in whole or in part, shall be replaced by another provision, which in lawfully permissible fashion approximates the economic purpose of the invalid provision as closely as possible.
For merchants, public institutions, or special funds established under public law, it is agreed that Berlin shall be the exclusive forum for litigation of all claims arising from or based upon this Agreement. This shall also apply to persons who have no general place of jurisdiction within the Federal Republic of Germany and to persons who, after conclusion of this Agreement, have moved their domicile or habitual residence outside the Federal Republic of Germany, or whose domicile or habitual residence is not known at the time the legal action is filed.
Last revised: August 2017