Conditions

Inhaltsverzeichnis

I. Scope of Application

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via our website between you, as our customer, and us.

Mecklenburgische Bäderbahn Molli GmbH
Managing Director: Dipl.-Ing. Michael Mißlitz

Fritz-Reuter-Straße 1
18225 Kühlungsborn
Germany

Phone: +49 38293 431331
Fax: +49 38293 431332
Email: reservierung@molli-bahn.de

II. Conclusion of the contract

(1) The presentation and promotion of products on our website do not in themselves constitute a binding offer to enter into a contract, but merely an invitation to make such an offer (proposal).

(2) You may submit your offer via the online ordering facility provided on our website. The General Terms and Conditions shall form part of the contract if, upon conclusion of the contract, we draw your attention to them, give you the opportunity to familiarise yourself with their content, and you agree to their validity.

(3) The contract is concluded via the online ordering facility on our website in the following steps:

(a) You can select the products offered on our website and add them to your online shopping basket. Before submitting your order, you can view and amend the contents of your shopping basket at any time. You can correct your entries using the standard mouse and keyboard functions, as well as your web browser’s ‘Back’ function, before completing the ordering process by clicking the ‘Place order’ button. You can identify any input errors by reading the information displayed in your web browser carefully and by checking the details you have entered thoroughly. If necessary, you can also use the zoom function (‘magnifying glass’) in your web browser for this purpose. You can also end the ordering process at any time by closing your web browser window.

(b) By submitting an order via the online ordering facility on our website by clicking the ‘Place order’ button, you are placing a legally binding order for the products in your shopping basket. However, this order can only be submitted and transmitted if you have first accepted these Terms and Conditions by ticking the relevant checkbox.

(c) We will confirm receipt of your order immediately by email. This email will set out your order once again. You can print it out using the ‘Print’ function. This automatic acknowledgement of receipt merely confirms that we have received your order; it does not constitute acceptance of your order unless we expressly state our acceptance in the email alongside the confirmation of receipt.

(d) You are bound by the order for a period of 14 days from the date of placing the order; any right you may have to cancel your order remains unaffected by this.

(e) The contract is only concluded once we have declared our acceptance of your order. This declaration is usually made by means of a separate email (order confirmation).

(4) In our email confirming receipt or the order, or in a separate email, but no later than upon delivery of the goods, we will send you the text of the contract on a durable medium, for example as an email or a printed copy (contract confirmation). The text of the contract consists of your order, our Terms and Conditions and the order confirmation.

(5) We shall store the text of the contract in compliance with data protection regulations. In addition to the above-mentioned transmission, we shall make it accessible to you as follows: The customer shall receive an order confirmation with the text of the contract attached.

(6) The contract is concluded in German.

(7) Should it not be possible to deliver a product you have ordered, we shall refrain from issuing a declaration of acceptance. In this case, no contract shall be formed. We shall inform you of this without delay and shall refund any payment already received without delay.

(8) If you have provided your email address during the ordering process or in connection with any other enquiries, it is your responsibility to ensure that the email address you have provided exists, is correct, and that you are able to receive emails from us or from third parties commissioned by us to process your order at that email address. Automatic spam filters must be configured and monitored accordingly.

(9) You agree to receive an invoice sent electronically.

(10) All prices quoted on our website are total prices, including statutory VAT and other price components, plus delivery charges.

III. Right of withdrawal

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) – that is, a natural person placing an order for a purpose that is predominantly neither part of your commercial nor self-employed professional activity – you are entitled to a right of withdrawal in accordance with the statutory provisions. Further information on the right of withdrawal can be found in our withdrawal policy.

IV. Delivery Terms

(1) Unless otherwise agreed, delivery will be made to the delivery address you have provided.

(2) If you choose PayPal as your payment method, delivery will be made to the delivery address you provided to PayPal at the time of payment.

(3) The delivery period is 5 days, unless otherwise stated in the product description or agreed otherwise with you. It begins upon conclusion of the contract.

(4) It is not possible to collect your ordered goods in person.

V. Terms of payment

We offer the following payment methods:

(1) Payment in advance: We offer payment in advance by bank transfer. If you select this payment method, subject to any agreement to the contrary, our claim for payment of the agreed price becomes due upon conclusion of the contract.

(2) Payment processing via the payment service provider PayPal: We offer the following options for payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’):

PayPal or PayPal Express: If you select this payment method, you will be redirected to the PayPal website as part of the ordering process. To complete the payment, you must either register there or log in using your account details. PayPal’s Terms of Service apply; these can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Once you have authenticated yourself there using your login details, you must confirm the payment instruction to us. We will instruct PayPal to initiate the payment transaction once you have placed your order.

For payments processed via PayPal, the PayPal Terms and Conditions https://www.paypal.com/de/webapps/mpp/ua/ legalhub-full, the PayPal Terms of Use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the terms and conditions for ‘Payments without a PayPal account’ https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

(3) You may change the payment method stored in your user account at any time.

VI. Retention of title

The goods delivered remain our property until the purchase price has been paid in full.

VII. Warranty

(1) We are liable for material defects or defects of title in goods supplied in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

(2) If you are a business, the following provisions apply to contracts for the supply of goods:

For new goods, the limitation period for claims arising from defects is one year from the date of delivery of the goods.
In the case of second-hand goods, rights and claims arising from defects are excluded.
As the seller, we are entitled to choose the method of subsequent performance.
Even if a replacement delivery is made under the warranty for defects, the limitation period does not start afresh

(3) The above limitations of liability and shortened time limits do not apply

for claims for damages and reimbursement of expenses
where we, as the seller, have fraudulently concealed the defect
for goods which, when used in accordance with their normal intended use, have been used in a building and have caused its defectiveness
regarding any obligations to provide updates for digital products in contracts for the supply of goods containing digital elements.

(4) In addition to claims arising from material defects or defects of title, there may be guarantees provided by us for certain goods or manufacturer’s guarantees granted by the manufacturers of certain goods. Details of the scope of such guarantees are set out in the relevant guarantee statement.

(5) If you receive goods that show obvious signs of damage caused during transport, please inform us and lodge a complaint with the delivery company regarding the damage. However, this does not affect your statutory or contractual warranty rights.

VIII. Special provisions regarding tickets

(1) Subject to any provisions to the contrary, these General Terms and Conditions also apply to contracts for the sale and delivery of tickets for events. However, these General Terms and Conditions do not govern the staging of these events themselves. The legal relationship between you and the organiser, who is responsible for staging the event, is governed by the statutory provisions and any contractual terms agreed between you and the organiser that differ from these General Terms and Conditions. We shall not be liable for the proper conduct of the event, unless we are also the organiser.

(2) We shall send you tickets purchased from us by post.

(3) We would like to point out that, pursuant to Section 312g(2), first sentence, No. 9 of the German Civil Code (BGB), consumers do not have a right of withdrawal in the case of contracts for the provision of services relating to leisure activities if the contract specifies a particular date or period for the provision of the service. This means that there is no right of withdrawal for date-specific events booked via our website, and the contract becomes irrevocably binding upon booking.

IX. Changes to the Terms and Conditions or our services

1) We reserve the right to amend our Terms and Conditions or our services,

(a) if our Terms and Conditions or our services need to be brought into line with applicable law, in particular in the event of changes to the legal framework, developments in case law or if we are required to comply with a court or regulatory decision,

(b) if technical or procedural changes, which have no significant impact on you, necessitate an amendment to the Terms and Conditions or our services,

(c) if we offer new or additional services that need to be incorporated into the Terms and Conditions, and this does not adversely affect the contractual relationship we have with you, or

(d) if the changes to our Terms and Conditions or our services are solely to your legal advantage.

(2) You will be notified of any amendments in writing, by fax or by email. If you do not object to such an amendment within six (6) weeks of receiving the notification, the amendments shall be deemed to have been accepted by you. You will be specifically informed of your right to object and the legal consequences of failing to do so.

(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.

X. Data Protection

Please refer to our Privacy Policy for information on the processing of personal data.

XI. Customer Service

If you have any questions, complaints or claims, you can contact us on +4938293431331 or by email at reservierung@molli-bahn.de.

XII. Consumer Arbitration Board

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

XIII. Governing law and jurisdiction

(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions restricting the choice of law and governing the applicability of mandatory provisions – in particular those of the country in which you, as a consumer, have your habitual residence – remain unaffected.

(2) If, as a customer, you are a trader, a legal person governed by public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered office. In all other respects, the applicable statutory provisions shall govern local and international jurisdiction.

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XV. Special provisions for gift vouchers

(1) Gift vouchers can only be redeemed at the ticket offices of the Mecklenburgische Bäderbahn Molli.

(2) Vouchers cannot be exchanged for cash. Vouchers cannot be returned – without prejudice to statutory claims and rights.

(3) In the case of vouchers for a specific amount in euros, the corresponding service may be chosen freely. Partial redemption is not permitted. Any remaining value following partial redemption will not be credited.

(4) In the case of service-specific vouchers valid for a specific service provided by MBB, it is not possible to exchange them for services other than those listed on the voucher. A voucher does not entitle the holder to the availability of the service at a specific time.