Terms and Conditions
General Terms and conditions – Kinetic Elements Berlin UG (Limited) (As of 01.08.2019)
§ 1 Scope
The following terms and conditions apply to all current and future business relationships between Kinetic Elements Berlin UG (Limited) (hereinafter: Event Organizer) and its customers.
§ 2 Scope of services and products
(1) The events offered by the event organizer are carried out either by the event organizers themselves or by business partners (hereafter: partners) of the event organizer. However, the customer’s contractual partner is exclusively the event organizer. The customer can request event dates and purchase vouchers at www.misterneo.com.
(2) An event booking entitles the customer to participate in the specifically booked event at the selected date at the time of purchase. The rebooking to another event or another appointment is only possible under the conditions specified in § 9.
(3) A voucher is a voucher denominated in Euro. The holder is entitled to use the voucher as a payment method for an event on www.misterneo.com.
(4) The booking of a private event by a private individual or a business customer is confirmed with the confirmation of the price offer by the customer and with the billing by the event organizer in advance of the event. The invoice contains the booked event format, the number of persons and the date of the desired event. The rebooking to a different date, as well as the adjustment of the number of participants is only possible under the conditions specified in § 9. Private events are excluded from the right of withdrawal. If a private event is delayed, the event can not be extended. A partial refund is excluded. In default of appearance, the private event will be canceled without refund. The event organizer reserves the right to charge an additional expense allowance of 80 €.
(5) The event organizer rents the client the items of play and action required for the event and the venue for the duration of the event for the minimum number of participants. Additional participants can be booked up to two days before the event by e-mail.
§ 3 Conclusion and storage of the contract
(1) A request from the customer via the input mask on the website www.misterneo.com and a subsequent offer by the event organizer do not constitute a legally binding offer within the meaning of § 145 BGB, but are non-binding.
(2) After entering his personal data during the ordering process and clicking on the “binding booking” button in the final step of the ordering process, the customer submits a binding order for the selected event. For this purpose, the customer will be shown a confirmation window with the details of his order before completing the order process. In this the customer can check and correct his input again. The contract is only concluded when the event organizer confirms the customer’s order by sending an e-mail with the billing. The event organizer is entitled to accept the customer’s order within three working days.
(3) The customer must truthfully indicate the information marked as required during the ordering process. The order data entered by the customer are stored by the event organizer and can be requested from the event organizer.
(4) The booking of a private event by a private individual or a business customer is confirmed with the confirmation of the price offer by the customer and with the billing by the event organizer in advance of the event. The invoice contains the booked event format, the number of persons and the date of the desired event. The rebooking to a different date, as well as the adjustment of the number of participants is only possible under the conditions specified in § 9. Private events are excluded from the right of withdrawal.
§ 4 Prerequisites for attending
(1) Participation in certain events requires certain personal qualifications (such as age or health). We premise the following personal qualifications:
(a) The minimum age to participate in Arrow Tag is 13 years. Under 18 years, a consent of the parent or legal guardian is required.
(b) For Bubble Football you have to be at least 1.35m tall with a maximum weigh of 150kg. People with herniated discs should not put on the bubbles.
(c) Pregnant women are not allowed to participate in our sports events to protect their unborn life.
(d) Highly drunken participants are excluded from all our events.
(e) Under the age of 18, one form of consent of the parent or legal guardian is required for all event formats.
(f) The customer is responsible for ensuring that he or other participants for whom he books or transfers an event meet the respective requirements.
(g) Persons who do not meet the respective eligibility requirements are excluded from participating in the event. A refund of the purchase price due to non-performance by the event organizer is excluded in this case.
(h) A minimum number of participants is required for all events. If the required minimum number of participants for an event is not reached, the event organizer is entitled to cancel the event not later than three days before the event date. At their choice, customers can either rebook free of charge on a different date or request a voucher worth the booked event.
§ 5 Duties and liability of the customer
(1) The use of the action and play equipment is at your own risk.
(2) The customer is liable for damage caused by participation in the rented equipment.
(3) Action and play equipment is only allowed to be used by physically healthy persons. The instructions of the event organizer’s staff must be obeyed. For violations and riots the staff of the event organizer is entitled to cancel the event.
(4) Every participant must be insured for health and liability, children and adolescents through their legal guardians. The conclusion of further insurance is at the discretion of the participant
(5) In the case of a separate location, the customer guarantees a free parking space for the transport vehicles. If necessary, the customer provides entrance and parking tickets for the transport vehicles. These have to be sent in due time to the event organizer. The event site must be freely accessible to the transport vehicles for setup and dismantling before and after the agreed time of action. Additional expenses or waiting time will be charged to the customer. The renter is responsible for possible permits of authorities, such as GEMA etc.. The customer is also responsible for providing a 240 V power connection in the immediate vicinity of the playing area.
§ 6 Weather risk
Open-air events depend on the weather. The risk that an event can not be realzied is borne by the customer. Whether the event is feasible in questionable weather conditions, decides the supervisor team of the event organizer on site in consultation with the customer. The final word always has the event organizer. There will be no cancellation, reimbursement or discount due to weather conditions.
§ 7 Limitation of liability
The Event Organizer, its legal representatives and vicarious agents are liable for damages only in cases of intent and gross negligence. The limitation of liability does not apply to damages resulting from injury to life, limb or health.
§ 8 Legal right of withdrawal
Please note that there is no right of withdrawal for the purchase of a specific Mister Neo-Event (§ 312g Paragraph 2 No. 9 BGB). Therefore, you can not revoke your intention to buy a Mister Neo event. A right of withdrawal does not exist in the case of contracts, for provision of services in the field of accommodation for purposes other than habitation, for the transport of goods, for car rental, for supply of food and beverages and for other services related to leisure activities, if the contract refers to a specific date or period (§ 312g para. 2 no. 9 BGB). As far as Mister Neo offers services in the field of leisure activities on a specific date or period, in particular for specific on-schedule events, there is no right of withdrawal. Thus, every order with the acceptance by Mr. Neo is legally binding and obliged to accept and pay. The following right of revocation applies here only for the purchase of Mister Neo vouchers, for which no concrete date for an event has yet been determined by consumers (any natural person, who concludes a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their independent professional activity, § 13 BGB).
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to execute your right of withdrawal, you must notify us (Kinetic Elements Berlin UG (Limited), Ostorfer Chaussee 5, 39615 Seehausen, email: email@example.com) by means of a clear statement (eg a letter sent by post or e-mail ) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the execution of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have to refund all payments we have received from you immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us, except for the additional costs that result from choosing a different type of delivery than the best and cheapest standard delivery we offer.
For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. You will be charged for this repayment fees in no case.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any case not later than fourteen days since you informed us of the cancellation of this contract. The deadline is kept if you send the goods before the expiry of the period of fourteen days.
We bear the cost of returning the goods.
You only have to pay for any loss of value of the goods, if this loss of value is due to a unnecessary handling while checking the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the provision of services in the field of accommodation for purposes other than habitation, transport of goods, car rental, supply of food and beverages and other services related to leisure activities, provided that the contract refers to a specific Appointment or period (eg private Mister Neo-Events). For private Mister Neo-Events, the binding booking counts as the day of the conclusion of the contract, as well as the date of the invoice. A change or reduction of the participants is not possible with a binding booking after billing, unless Mister Neo offers an individual solution on goodwill. Furthermore, the right of revocation does not apply to contracts for the delivery of goods, if these were inseparably mixed with other goods after delivery because of their nature.
The right of withdrawal also does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. To execute your cancellation, you can use the model withdrawal form below.
End of cancellation policy
Model withdrawal form (If you want to revoke the contract, then please fill out this form and send it back.) To: Kinetic Elements Berlin UG (Limited), Ostorfer Chaussee 5, 39615 Seehausen; E-Mail: firstname.lastname@example.org I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) __________________ on (*): …………. / received on (*): ………… .. Name of consumer (s): __________________ Address of consumer (s): __________________ __________________ l __________________ Signature of the person (s) Consumer (s) (only on paper) __________________ Date _______________ (*) Delete as appropriate.
§ 9 Rebooking or withdrawal by the customer before the beginning of the event and cancellation fees
(1) The customer can withdraw from the event at any time prior to the event. Decisive for the resignation is the receipt of the declaration of withdrawal at the event organizer. A written declaration of withdrawal (for example a letter sent by post or e-mail) is mandatory.
(2) If the customer has withdrawn from the event, the event organizer loses the right of payment. Instead, the Event Organizer may demand a cancellation fee amounting to the amount stated under § 8 Abs. 3, as far as the cancellation of the event is not the responsibility of the event organizer and there is no case of force majeure. The amount of the cancellation fees already includes saved expenses and the usual other use of the service.
(3) If the customer cancels a booked event more than 30 days prior to the event date, cancellation fees of 50% of the participation fee will be charged. In case of cancellation up to 14 days before a booked event the customer has to pay 75% of the participation fee. If the customer cancels less than 14 days before the event, cancellation fees of 100% of the participation fee will apply. In case of a cancellation 72 hours before the event, the customer must additionally pay the cancellation fee of 100% of the location rental. The cancellation fees are then payable within 7 days from the date of the cancellation being received by the event organizer.
(4) The event organizer reserves the right to demand a higher, individually calculated compensation instead of the above-mentioned cancellation fees, as far as the event organizer can prove that it has incurred considerably higher expenses than the respectively applicable lump sums. In this case, the event organizer is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the service.
(5) A postponement of the appointment is possible free of charge until 30 days before the planned event.
(6) The legal rights of withdrawal remain unaffected.
§ 10 Change of service, rebooking or cancellation by the event organizer, failure
(1) The event organizer is entitled to change the content of booked events, provided the changes are not significant, necessary and do not significantly affect the overall content of the event. An insignificant change occurs when the event coordinator has to be replaced, because the event coordinator has fallen ill, the location has to be changed for organizational reasons or the time of an event shifts for organizational reasons by a maximum of one hour.
(2) In the event of a significant change in the performance of essential content of the booked event, the customer is entitled to withdraw from the contract with the event organizer or rebook free of charge to another event. In the event of price differences between the events, the respective difference will be refunded or compensated by the customer.
(3) The event organizer is entitled to cancel an event due to illness, bad weather or other cases of force majeure at short notice. The customer will be informed immediately in this case and is entitled to rebook free of charge to another event, to demand a voucher for the value of the respective event or the refund of the paid event fee.
§ 11 Resignation for good cause
The event organizer is entitled to withdraw from the contract with the customer for an important reason until the event has been executed.
§ 12 Guarantee
For any warranty claims due to material and / or legal defects, the statutory provisions shall apply.
§ 13 Online dispute resolution procedures
(1) The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumer/odr
(2) The event organizer is neither legally obliged nor willing to participate in the online dispute resolution (OS) procedure.
§ 14 Miscellaneous
(1) The contract language is German.
(2) The law of the Federal Republic of Germany applies excluding the UN sales law. The following applies to consumers: Mandatory provisions of the state in which the customer has his habitual residence remain unaffected.
(3) With respect to merchants or legal entities under public law, the place of jurisdiction is the registered office of the event organizer. The event organizer is entitled, but not obliged, to sue at the customer’s location
(4) Should individual provisions of these Terms and Conditions be ineffective or contradict the statutory provisions, this shall not affect the rest of the contract. The ineffective provision shall be replaced by mutual agreement between the parties by means of a legally valid provision, which comes closest to the economic purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.
(5) The customer agrees that the event organizer will take photos and videos during the events both from the customer and the venue and use them for advertising purposes as well as pass them on to third parties. This consent and the associated rights are valid for an unlimited period of time, internationally and for print and online use. Customers have the opportunity, prior to the start of the booked event, to explain in writing to the event organizer that they do not agree to the making of photo and video recordings of themselves.