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Fernsehturm Stuttgart Fernsehturm Stuttgart

Terms & Conditions

General Terms and Conditions of SWR Media Services GmbH

SWR Media Services GmbH,
Fernsehturm Stuttgart,
Neckarstr. 230,
70190 Stuttgart, Germany
info@fernsehturm-stuttgart.de
Phone +49 711 929 14743
(hereinafter referred to as “SWR Media Services” or “we”)

1. Scope and definitions

1.1. Via the website https://www.fernsehturm-stuttgart.de/besuch (hereinafter referred to as “website”), we offer tickets for admission to the Stuttgart TV Tower, guided tours of the Stuttgart TV Tower, and event tickets. These General Terms and Conditions govern the contractual relationship between us and the customer. Any contractual terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions shall only apply if we have expressly agreed to them.
1.2. For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. 1.3. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with us, are acting in the exercise of their commercial or independent professional activity.

2. Offer and conclusion of contract

2.1. Our offers are directed exclusively at persons of legal age and with full legal capacity.
2.2. Our offers do not constitute a binding offer, but rather an invitation to the customer to submit an offer.
2.3. The customer's order constitutes a binding offer to conclude a contract. Acceptance is effected by means of an express declaration to the customer.
2.4. The email automatically generated following the customer's order, which confirms receipt of the order, does not constitute acceptance of the contract, but serves only to inform the customer and to fulfill legal information requirements.
3. Delivery
3.1. Tickets will be delivered to the email address provided by the customer. Unless otherwise specified in these General Terms and Conditions and/or our offers, tickets for admission to the Stuttgart TV Tower, for guided tours of the Stuttgart TV Tower, and event tickets will only be delivered in electronic form by email.
3.2. Tickets will be delivered within one day. If the customer is obliged to make advance payment, delivery is dependent on the customer having made payment immediately after conclusion of the contract.
3.3. Delivery delays that occur at our premises or at the premises of one of our subcontractors/subcontractors due to force majeure or circumstances equivalent to force majeure (such as monetary and trade policy or other sovereign measures, strikes, operational disruptions such as fire, machine defects, breakage, raw material or energy shortages) entitle us to postpone delivery for the duration of the hindrance. If the execution of the contract becomes unreasonable for the customer due to the delay, the customer is entitled to withdraw from the contract. In the event of obstacles to performance that are not merely temporary, we are entitled to withdraw from the contract.

4. Right of withdrawal

4.1. Consumers have a statutory right of withdrawal. Further details on the right of withdrawal and the withdrawal policy can be found here: www.fernsehturm-stuttgart.de/de/widerruf-verbraucherinfos.php
4.2. The right of withdrawal does not apply to 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.

5. Purchase of admission tickets and annual passes for the TV tower

5.1. The various admission tickets for the TV tower available from us can be viewed here.
5.2. The admission tickets we offer only entitle the holder to enter the TV tower on the booked date or during the specified time slot.
5.3. It is not possible to rebook or cancel individual admission tickets or annual passes.
5.4. We are not obliged to replace lost or deleted admission tickets.
5.5. Annual passes are issued in the name of the holder and are non-transferable.

6. Special provisions for annual passes and annual pass subscriptions

6.1. Customers also have the option of taking out a subscription for annual passes for the TV tower.
6.1.1. Upon taking out a subscription, the customer receives their first annual pass. Payment is made by direct debit. To this end, the customer provides their bank details when taking out the subscription and issues a direct debit mandate. The annual fee is payable for the first time at the beginning of the month following the conclusion of the contract.
6.1.2. If a direct debit cannot be made from the specified bank account, we are entitled to block the annual pass in question after one unsuccessful reminder.
6.1.3. If neither we nor the customer terminate the subscription with three months' notice before the end of the year, the subscription is extended for another year. The price for the new annual pass shall be due for payment by direct debit from the bank account specified when the subscription was taken out upon dispatch of the annual pass to the customer.
6.1.4. We are entitled to increase the price agreed upon when taking out a subscription for the annual pass by up to 5% once per calendar year to offset personnel and other cost increases. We will notify the customer of any price increase in writing. Price increases only apply to the next annual pass, but not to annual passes that the customer has already paid for and received. The customer is entitled to cancel the subscription in its entirety within one month of notification of the price increase or at the end of the current annual period, whichever occurs later. Annual passes that the customer has already paid for and received remain valid for the specified period even after cancellation. We will inform the customer of this right of cancellation together with each announcement.
6.2. The customer's right and our right to terminate the subscription for good cause remains unaffected. If, within the period of validity of an annual ticket, the television tower cannot be visited for a period of at least 4 consecutive weeks for the reasons specified in Section 8.1, the period of validity of the annual ticket shall be extended by the corresponding periods. Section 8.3 shall not apply. Any further legal rights of the customer shall remain unaffected. This compensation provision expressly does not cover the usual closing days and company holidays. In such cases, the validity period of the annual pass shall not be extended.

7. Special provisions for individual tours

7.1. Individual tours for groups can also be requested via our website on desired dates. The contract for an individual tour is only concluded once we have confirmed the corresponding date and guide for the individual tour in writing. Upon receipt of this confirmation, the fee for the individual tour becomes due for payment.
7.3. In order to ensure the availability of the necessary capacities, individual tours are conducted by a specific guide. If this guide is unavailable, we will endeavor to engage another guide to conduct the individual tour in the normal course of business. If this is not possible, we are entitled to cancel the individual tour in question. Section 8.3 applies accordingly.
7.4. The customer bears the risk of use for the agreed individual tour.
7.5. We grant the customer the right to withdraw from the contract up to two weeks before the agreed date of the individual tour, subject to the provisions of this section
7.5.
7.5.1. The decisive date for the effective declaration of withdrawal is the receipt of the declaration of withdrawal in text form by us.
7.5.2. The consumer's right of withdrawal and any other statutory rights entitling consumers to withdraw from the contract for an individual tour with us remain unaffected.
7.5.3. Upon receipt of the declaration of withdrawal, we shall be entitled to compensation in accordance with the following scale, which refers to the agreed remuneration for the individual tour:
7.5.3.1. up to 6 weeks before the agreed date: free of charge
7.5.3.2. Less than six but more than two weeks before the agreed date: 50% of the total price of the private tour
7.5.3.3. Less than two weeks before the agreed date: 80% of the total price of the private tour
7.5.4. The customer is free to prove that the loss incurred was lower.
7.5.5. In the normal course of business, we will attempt to find another customer for the booked date of the individual tour after the customer's cancellation.
7.6. The prices and maximum number of participants for individual tours can be found here.

8. Cancellation of events

8.1. The use of the Stuttgart TV Tower is subject to special restrictions for the safety of visitors. In particular, the viewing platform will be closed in the event of storm warnings. In other cases of impediments to performance for which we are not responsible, for example in cases of force majeure, outbreaks of epidemics, strikes, natural disasters, traffic disruptions, energy shortages, official measures, and labor disputes, the TV tower cannot be visited and the events we offer cannot be held. In such cases, we are entitled to cancel events at short notice.
8.2. The minimum and maximum number of participants specified in the offer apply to guided tours of the TV tower. We reserve the right to cancel guided tours of the TV tower up to 48 hours before the scheduled date if the minimum number of participants specified in the offer has not been reached by that time.
8.3. If an event is canceled or the TV tower cannot be visited for any reason, the customer will be informed immediately and is entitled to choose between rebooking another event free of charge, requesting a voucher for the value of the respective event or ticket, or requesting an immediate refund of the price paid. Any further legal rights of the customer remain unaffected.

9. Prices and shipping costs

9.1. The prices quoted by us include the applicable sales tax.
9.2. There are no shipping costs.

10. Payment, due date, and default

10.1. We only accept the payment methods listed in our offer.
10.2. Except in the case of cash on delivery or payment on account, the customer is obliged to pay in advance. In this case, payment is due upon conclusion of the contract and receipt of the invoice or invoice statement. In the case of cash on delivery or payment on account, payment is due upon receipt of the goods and the invoice or invoice statement.

11. Liability

11.1. We shall be liable for breaches of duty committed through gross negligence or intent.
11.2 If the customer is an entrepreneur, our liability for non-intentional acts is limited to the damage typically foreseeable at the time of conclusion of the contract. In the event of slight negligence, we shall only be liable for breaches of essential contractual obligations and limited to the damage typically foreseeable at the time of conclusion of the contract. We shall not be liable for other damage caused by slight negligence due to a defect in the goods. These limitations do not apply in the event of injury to life, limb, or health. Any liability for pre-contractual fault or for violations of data protection law remains unaffected by these limitations of liability.
11.3. If the customer is a consumer, in the event of slight negligence, we shall only be liable for breaches of essential contractual obligations and limited to the damage typically foreseeable at the time of conclusion of the contract. We shall not be liable for other damage caused by slight negligence due to a defect in the purchased item. These limitations do not apply in the event of injury to life, limb, or health. Any liability for pre-contractual fault or for violations of data protection law remains unaffected by these limitations of liability.
11.4. Regardless of fault, we shall only be liable in the event of fraudulent concealment of a defect or the assumption of a guarantee or assurance.
11.5. We shall also be liable for the accidental impossibility of delivery during the delay, unless the damage would also have occurred in the event of timely delivery.
11.6. Insofar as our liability for damages is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives, and vicarious agents.

12. Alternative dispute resolution

12.1. We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.

13. Final provisions

13.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer and is not resident in Germany, mandatory provisions of the country in which the consumer is resident remain unaffected by this choice of law.
13.2. 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 this contractual relationship shall be Stuttgart.
13.3. Should individual provisions of this contract be wholly or partially invalid, this shall not affect the validity of the remaining clauses or parts of clauses.