the NocheDePasion.
Status: March 26, 2024
1. general terms and conditions for contractual relations
2. conditions of participation
3. data protection
4. terms of use website
5. general terms and conditions for contractual relations with entrepreneurs
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts and contractual legal relationships of NocheDePasion. (hereinafter referred to as "Provider").
The following information and general terms and conditions apply to consumers, hereinafter referred to as "Participants".
A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
Entrepreneur, hereinafter referred to as "supplier", in the sense of § 312 d BGB the NocheDePasion. Represented by Christian Beyreuther.
The contract language is German. The contractual provisions (GTC) are made available to the participant in the NocheDePasion member area. The participant thus has the possibility to save the information in reproducible form as a PDF document for himself.
The participant will receive an invoice with the confirmation email for the registration of participation in the private closed event.
The subject of the contract is the right to participate in tango events that take place by private invitation. The details, in particular the essential characteristics of the events, can be found by the participant by means of navigation through the buttons "Program" and the submenus that open.
In the event of a generally reasonable change/postponement of the event location, the event time or the persons and other service providers participating in the event, participation contracts shall not lose their validity. The provider reserves the right to make changes if there are compelling reasons.
The conditions of participation (2.) are acknowledged and accepted with the registration/participation in an event.
If an offer is posted by the provider, the activation of the offer does not constitute a binding offer to conclude a participation contract, but merely an invitation to the participant to submit a binding offer for participation.
The participant's offer is binding if it is complete. The offer is complete if he/she has registered his/her participation via the online registration and, after verification by the provider in connection with subsequent invoicing, pays the fee within 10 days (receipt of the amount on the account specified in the invoice).
The organizer/provider checks the offer and confirms the registration by e-mail. Simultaneously with the confirmation e-mail, the participant receives the invoice for the fee. The invoice is to be paid within 10 days after delivery.
If the deadline passes without receipt of payment, the registration for participation will lapse.
The provider confirms the right(s) to participate within 14 days after receipt of payment by e-mail, unless the capacities of the tango event are not sufficient, mainly for security reasons, or the participant's offer does not comply with these GTC.
If the provider can not accept all participant offers in exceptional cases, he respects the reservation rank (in case of reservations of participants from the region the LOS decides!). The provider informs participants whose right to participate could not be confirmed by e-mail.
The planned tango event is described on the website. The group of people invited and limited in advance by the organizer will then have the opportunity to register for the closed event.
The registration option will only be made available for a few hours/days to persons who have been personally invited in advance. Persons who have registered without a prior expressed invitation will be sorted out by the provider and, if necessary, notified that participation is not possible.
Persons who have registered for a closed event without prior invitation will be informed by the provider that participation is not possible and is reserved for invited guests only.
The invitation to the event is made personally by the provider. The invitation is issued as follows
1. via verbal invitation
2. via e-mail
3. via WhatsApp
4. via closed Facebook group
5. via Facebook Messenger
After receipt of the participant's page registration, it is checked by the inviter for personal reference to the issued invitation. The subject of the check is an invitation list defined in advance by the provider (closed Facebook group, etc.).
After receiving the participant's registration and application, the provider checks whether the registered participant belongs to the invited group of persons.
In the member area the participant receives further important information about the event.
In order for the provider to cover its costs, fees are incurred. The resulting invoice amount is defined by an organization fee, which is clearly visible in the internal member area "Encuentro Registration".
Once the participant the invoice, the participant will receive within 14 days his personally pronounced confirmation of participation by the provider via e-mail.
The invoice must be paid within 10 days from the date of issue.
The payment method accepted is bank transfer to the account specified by the provider. Cash payments are possible by prior arrangement. See § 8.
The participant's offer becomes binding if he/she pays the participation fee within 10 days (receipt of the amount on the provider account specified in the invoice, from the beginning of the deadline). If the deadline passes without receipt of payment, the registration for participation becomes invalid.
With the confirmation of the right to participate by e-mail by the provider, the participation contract is concluded (see § 3).
The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by email, in part automatically. The participant must therefore ensure that the email address he or she has provided to the provider is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
After receipt of payment, the participant will receive a confirmation of the right to participate by e-mail.
Within 14 days after receipt of payment, the provider will inform participants whose right to participate could not be confirmed in exceptional cases and will refund any advance payments made without delay (within 30 days at the latest).
If the participant's offer lapses due to lack of funds on the provider's account within 10 days (see above), the participation registration will be deleted by the provider in order to be able to offer the right to participate to other interested parties.
The provider endeavors to keep the operation of the website free of malfunctions as far as this is technically possible. If, contrary to expectations, technical malfunctions should nevertheless occur, a conclusion of a contract is excluded for the duration of the malfunction.
Up to 4 months before the tango event, cancellations can be made unilaterally by the participant via email. Participation fees paid will be refunded in full.
Less than 3 months and up to 2 months before the tango event, cancellations can be made unilaterally by the participant via email. Participation fees paid will be refunded proportionally in the amount of 50 %.
Under 2 and up to one month before the tango event, cancellations can be requested by the participant by e-mail. By submitting the request, the participant waives his right to participate. Based on the application, the provider can offer the right to participate otherwise. The application will only be accepted by the provider if the tango event is fully booked elsewhere. After full capacity has been reached, the participation contract is converted into a cancellation relationship and the participant is refunded the participation fee on a pro-rata basis in the amount of 50%. No refund is possible without otherwise reaching full capacity.
Less than one month before the tango event, the contract can be canceled and the participant waives their right to participate, but with no refund option.
In case of postponement of a tango event, in case of cancellation by the participant, the cancellation deadline of the original mentioned event period will be applied. Only the deadline set less than one month before the tango event will be postponed for the following event period. In this case, the refund will be 50% of the partial amount.
If the participant has taken out ticket redemption insurance with HanseMerkur Versicherung, it is pointed out that, in accordance with the statutory provisions, the organizer will not reimburse the participant, as this is regarded as a possible enrichment of the participant, which is prohibited by law.
In this case, HanseMerkur Insurance shall be responsible for any reimbursements in full in accordance with the terms of the contract concluded between the participant and NocheDePasion Tango.
If the HanseMerkur insurance company does not pay under the known contractual conditions, NocheDePasion Tango guarantees a refund within the framework of the defined cancellation conditions in accordance with the applicable GTC § 5.
Up to one month before the start of the tango event, the provider can withdraw from the participation contract by e-mail if the minimum number of participants is not reached.
Participation fees paid will be refunded in full.
In the event of an event cancellation through no fault of the Provider due to withdrawals by the Provider's organizer partners (e.g. landlords or others), or in the event of unforeseeable natural disasters, § 12 of the Solidarity Reversal applies.
Participation fees paid will be refunded in the amount of 75%.
The prices listed in the respective offers represent final prices for participation. They include all price components, including any applicable taxes. At the tango event, additional costs may be incurred by the participant for services beyond participation, e.g. storage of clothing, food, drinks, which are not included in the price.
The participant can use the payment options specified in the specific offer. A cash payment is possible if none of the participants can not use any of the payment options provided by the provider.
Alternatively, cash payments may be made if the event is open to the public.
The provider excludes liability for slightly negligent breaches of duty, unless damages from injury to life, body or health or guarantees are concerned or claims under the Product Liability Act are affected. Existing physical limitations or health problems must be communicated before the start of the event. Otherwise, the organizer is not liable for any resulting physical damage or discomfort caused by participation in the event. Furthermore, the liability for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely, remains unaffected. The same applies to breaches of duty by its vicarious agents.
For damages caused by third parties in connection with third-party services (e.g. gastronomic services), the provider is not liable, but the respective service provider directly.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).
The place of performance is the place of the tango event.
The provider only enters into contractual relationships with participants who are of legal age. By sending the order, the participant assures that he is at least 18 years old and that his name and address are correct.
If persons who are not of legal age place orders, the Provider hereby already revokes the contract as a precautionary measure in accordance with § 109 BGB (German Civil Code). In accordance with the statutory provisions, the persons of full age authorized to take care of or represent minors who place orders under false declarations shall be liable to the Provider for all damages arising from orders placed under false declarations.
In the event of solidarity settlement, participant contributions in the amount of 75% will be refunded.
Solidarity processing is intended to protect the provider from the consequences of an event cancellation through no fault of his own (risk minimization).
The solidarity reversal we applied at:
1. natural disasters, e.g. lightning strike, flood, hail, storm, ice and snow
2. epidemics, pandemics
3. destruction of the venue by fire, water damage, parasite infestation or similar.
4. suspected terrorist attacks
5. terrorist attacks
6. resignations of business partners
7. insolvency of business partners
8. in case of illness
In the event of a bank crash or insolvency of the provider will not be refunded.
In the event of unforeseeable expenses that significantly affect the costs of the organizer, a special contribution may be levied to cover the additional expense.
This applies in particular to:
Rent increases
Price increases to cover catering requirements
Procurement of rapid tests In case of epidemic, pandemic (e.g. COVID-19).
Price increases to obtain airline tickets for international DJ's.
These rules of conduct and the instructions of the security staff must be observed. In case of disregard - regardless of other claims - an immediate leaving of the room can be ordered.
Bringing pyrotechnic objects, flares, sparklers, weapons and similar dangerous objects is prohibited. Failure to comply with this prohibition may result in an order to leave the room. The provider is entitled to take temporary custody and possession of objects of the aforementioned kind.
Smoking on the premises of the Tango Event is prohibited. Bringing food and drinks to the premises of the Tango Event is prohibited, unless the provider agrees or the participant is dependent on brought food and drinks for health reasons.
Participants can be expelled from the tango event if they disturb it or harass other participants. They can also be refused entry if there is reason to fear this. In addition, the provider may ban such persons from the premises. The participation fee will not be refunded in such cases.
The premises are usually opened 30 minutes at the latest 15 minutes before the start of the tango event.
The participant proves his right to participate and that of his companions by showing the confirmation of participation. Upon request of the provider, he/she shall make his/her identity credible.
Coats, umbrellas, canes, large bags and similar items must be handed in for safekeeping at the checkroom upon payment of a fee, unless a checkroom is not provided by the provider. The checkroom staff is entitled to refuse custody for particularly valuable items.
The provider assumes liability by handing over a checkroom token. The liability is limited to the current value of the deposited item and amounts to a maximum of € 500.00. The loss or damage of checkroom items as well as the loss of a checkroom token must be reported immediately to the checkroom staff.
Checkroom items may only be handed out without a checkroom tag if it is credibly shown that the visitor is the authorized recipient.
If no checkroom is provided by the provider, the participant is responsible for the safety of his belongings.
Objects of any kind found on the premises of the tango event are to be handed in to the evening or checkroom staff. These will be handed over to the lost and found office of the city of Regensburg after an appropriate waiting period.
We attach great importance to the protection of your data and the protection of your privacy. Below we therefore inform you about the collection and use of personal data when using the website.
We collect personal data (individual information about personal or factual circumstances of an identified or identifiable natural person) only to the extent provided by you.
The processing and use of your personal data is carried out for the fulfillment and processing of the contractually agreed services as well as for the processing of your inquiries.
Your data will not be transferred to third parties. Something else only applies if we are legally obligated to do so or if this is necessary for the fulfillment of the contractual relationship with you. In these cases, however, the scope of the transmitted data is limited to the minimum necessary. Insofar as service providers come into contact with your personal data, the provider ensures that they comply with the provisions of data protection laws.
Furthermore, your data will be stored for communication purposes, should this not yet be available to the provider. Electronic and postal information will only be sent to the extent permitted by law or if you have authorized the provider to use your data. Of course, the provision for the use of your data is voluntary and you have the option to delete your data at any time.
In order to be able to protect your data from unauthorized access in the best possible way, various technical and organizational measures as well as encryption techniques are used. Of course, helpers have been committed to data secrecy according to the DSGVO.
You have the right to obtain information about your personal data stored by us at any time. You also have the right to have your personal data corrected, blocked or, apart from the mandatory data storage for business processing, deleted. Please contact our data protection officer for this purpose. You will find the contact details at the very bottom.
To ensure that a block on data can be taken into account at any time, this data must be kept in a blocking file for control purposes. You can also request the deletion of data, unless there is a legal archiving obligation. If such an obligation exists, we will block your data upon request.
You can make changes or revoke consent by notifying us accordingly with effect for the future.
For more information, please refer to the DATA PROTECTION DECLARATION.
The content of these pages has been and will be carefully edited and checked. However, the provider does not guarantee the timeliness, accuracy, completeness or quality of the information provided.
Liability claims against the provider, which refer to damages of a material or non-material nature, which were caused by the use or non-use of the information presented or by incorrect and incomplete information, are fundamentally excluded, insofar as there is no demonstrable intentional or grossly negligent fault on the part of the provider.
The provider expressly reserves the right to change, supplement, delete or cease publication of parts of the site or the entire offering without prior notice.
Where the provider refers directly or indirectly to external Internet sites, the provider is not liable for the case of illegal content of these Internet sites.
The provider hereby expressly declares that at the time of linking, the linked pages did not contain any illegal content. The provider has no influence on the current and future design of the linked pages. The provider therefore hereby expressly distances itself from any changes to the content of the linked pages made after the links were set. This also applies to third-party entries in guest books, forums, etc. set up by the provider.
The provider endeavors to observe applicable copyrights in all publications. If, despite this, a copyright infringement should occur, the provider will remove the relevant object from its publication after notification or mark it with the appropriate copyright.
All brands and trademarks mentioned on the website and, if applicable, protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties.
The copyright for the own content on the domain http://www.nochedepasion.net is solely entitled to the provider. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the provider's agreement.
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
The following terms and conditions apply to contracts between the provider and contractual partners who are entrepreneurs. The rules set out under "Consumer Information, Conditions of Participation, Privacy Policy and Terms of Use Website" shall apply, unless their content serves the legally prescribed consumer protection or/and the following provisions deviate from them. Unless otherwise agreed, the inclusion of the contractual partner's own terms and conditions is objected to.
An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities. (§ 14 BGB).
The provider shall be liable in each case without limitation for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of guarantees, in the event of damages under the Product Liability Act and in all other cases regulated by law.
Insofar as essential contractual obligations are affected, the liability of the Provider shall be limited to the foreseeable damage typical for the contract in the case of slight negligence. Material contractual obligations are material obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance for all services arising from the business relations with the Seller and the place of jurisdiction shall be the registered office of the Seller. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
NocheDePasion
office@nochedepasion.de
Review of the GTCs for contractual and legal certainty by
Andrea Baumann
Lawyer inter alia for event law
Eichendorfstraße 9
92421 Schwandorf
Phone: 09431 8028279
Email: info@rain-baumann.de
GTC NocheDePasion, as of July 3, 2018, last update July 01, 2020
© 2023 Christian Beyreuther. Web design by Klicklounge
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