Terms and Conditions
We very much hope that your visit to the Aquarium Berlin is an unforgettable experience for you. Please be considerate of the other visitors and to the particular needs of our animals.
We would ask that you read the following regulations, which represent our terms and conditions (as of: 09.10.2015), and observe them carefully in order to avoid any misunderstandings and to prevent any violations.
Terms and Conditions
Delivery and payment conditions for the online store
in accordance with §§ 312b et seqq. BGB
§ 1. Area of application and provider
1.1 These terms and conditions apply to the purchase of online entrance tickets and other items ('goods') at the Zoologischer Garten Berlin AG, Am Hardenbergplatz 8, 10787 Berlin, entered in the commercial register of the Charlottenburg local court (HRB 4306) ('Zoo Berlin'), via the Internet portal www.zoo-berlin.de or www.aquarium-berlin.de. Any terms and conditions of a customer are not part of the contract, even if Zoo Berlin has not explicitly objected to them.
1.2 The range of products on the websites www.zoo-berlin.de or www.aquarium-berlin.de is directed solely at consumers as defined in § 13 of the German Civil Code (BGB) with a residence and a delivery address in the Federal Republic of Germany (hereinafter referred to as the 'customer'). Consumers are individuals, in so far as the goods ordered by them cannot be attributed to either commercial nor independent professional activity.
Please contact Zoo Berlin for business purposes using the following phone number: 030/25 401 224.
1.3 Zoo Berlin does not sell any products to minors.
§ 2. Order as contractual offer
2.1 The ordering of goods and online entrance tickets to the Zoo Berlin by clicking on 'complete order' by the customer constitutes an offer to the Zoo Berlin to conclude a contract.
2.2 The customer will be shown all the order data input after entry and before the order is finally submitted. As a result, they can check everything for any errors.
2.3 The Zoo Berlin confirms the receipt of the offer by email in accordance with § 2.1 ('order acknowledgment'). The order acknowledgment does not constitute an acceptance of the customer's offer to conclude a purchase contract for goods or online entrance tickets.
§ 3. Conclusion of the contract when goods are ordered
3.1 The acceptance of the offer by the Zoo Berlin when goods are ordered follows when the Zoo Berlin confirms the order to the customer in the form of a written note; this can also be made by a 'shipping confirmation' ('shipping confirmation') via email. The contract comes into effect with this acceptance.
§ 4. Conclusion of the contract when online tickets are ordered (daily tickets)
4.1 The acceptance of the offer by Zoo Berlin is made when online tickets are ordered by the customer and they then avail themselves of the opportunity of downloading and printing the relevant online tickets in the form of a PDF after submission of their order.
4.2 The risk that the customer is unable to download or print their online tickets due to technical reasons is borne by the customer, in so far as this is not attributable to the Zoo Berlin.
4.3 Online tickets are valid for the day according to the imprint for regular admission into the Zoo Berlin. You are not entitled to entry into any special events.
4.4 You can only order a maximum of ten (10) online tickets per card type and per order on one day.
§ 5. Prices and shipping costs
5.1 The marked price is the final price incl. the statutory VAT. The amount that is shown at the time of the binding order is valid. A shipping fee additionally applies when ordering goods, which varies depending on the shipping method, the size and weight of the goods ordered as well as the location of delivery. The shipping costs vary depending on whether the location to which the goods are shipped is
(a) in Germany
(b) outside of Germany, but within the EU or
(c) outside the EU.
The total shipping cost will be displayed in the shopping cart.
5.2 The regular costs for return shipment, which arise in the event of a return of the goods in the case of exercising the right of cancellation, are borne by Zoo Berlin.
§ 6. Payment
6.1 Payment for online tickets and goods (plus. shipping costs) is carried out immediately after completing the ordering process by means of the customer's credit card (Visa, MasterCard).
6.2 By specifying the credit card number when ordering, Zoo Berlin then notifies the banking institute to collect the purchase price from the credit card account specified by the customer at the time of the order for payment processing.
6.3 If the customer is in default of payment, then Zoo Berlin is entitled to demand interest amounting to 5 percentage points above the base interest rate announced at the time of contract conclusion p.a. Zoo Berlin is entitled to insist on a higher amount should there be any evidence of higher damages caused by default.
6.4 The customer shall have the right to offset this only if counterclaims have been legally established or are uncontested by Zoo Berlin.
6.5 The customer is only entitled to exercise a right of retention in so far as their counterclaim is based on the same contractual relationship.
§ 7. Delivery of ordered goods
7.1 The delivery of goods is made to the delivery address specified by the customer.
7.2 Goods are generally – provided that they are in-stock at the warehouse – delivered within five (5) working days after ordering and receipt of payment. The specification of delivery deadlines in the order acknowledgment is non-binding.
7.3 The delivery obligation shall not apply in cases where Zoo Berlin does not receive proper or punctual delivery and we are not responsible for the unavailability. The customer will be immediately notified by email in the case of unavailability and any payment of the purchase price made shall be reimbursed immediately.
7.4 Should force majeure render delivery permanently impossible, Zoo Berlin is excluded from any performance obligation. Any payment of the purchase price made shall be reimbursed by Zoo Berlin without delay.
7.5 Zoo Berlin may refuse to perform in so far as performance requires expenditure, which is not attributable to Zoo Berlin, which, having regard to the content of the purchase contract and the principle of good faith, taking into account the interests of the customer, would be disproportionate to the fulfilment of the purchase contract. The customer will be informed immediately by Zoo Berlin in such a case. Any possible payment of the purchase price made shall be reimbursed by Zoo Berlin without delay.
7.6 If the delivery of the products fails after three delivery attempts for reasons for which the customer is responsible, then Zoo Berlin is entitled to withdraw from the contract. Zoo Berlin shall refund any purchase price paid in such a case.
§ 8. Right of cancellation
8.1 The customer can cancel the purchase contract for goods and online entrance tickets within two weeks without giving any reason. The return period begins at the earliest upon receipt of the goods or the date of issue of the tickets and the instruction concerning the right of cancellation in writing.
8.2 In the case of goods, the cancellation takes place when the goods are sent back or a declaration is made in writing. It is sufficient to send the goods back in good time or give a declaration of cancellation to Zoo Berlin so as to comply with the deadline according to § 8.1.
8.3 The customer has to bear the cost of return shipping if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or, in the case of a more expensive item, they have not fulfilled their part of the agreement or made a contractually agreed part payment at the point of the cancellation. Otherwise return shipment is at no extra cost to the customer. The return is at the risk of Zoo Berlin in any case.
8.4 A right of cancellation on the purchase of CDs, DVDs and video cassettes shall not apply if these products were unsealed by the customer.
8.5 The purchase of online tickets may be cancelled in the following ways:
(a) by email, fax or letter to the customer service address specified in the cancellation terms stating the transaction number or
(b) by returning the ticket to the management of Zoo Berlin.
§ 9. Consequences of exercising the cancellation right
9.1 If the customer exercises their right of cancellation, the benefits received by both parties must be returned and possible benefits gained (e.g. service benefits) to be surrendered.
9.2 When cancelling online entrance tickets according to § 8.5, then the tickets shall be invalidated. Zoo Berlin indicates that they can tell whether a particular online ticket has already been used by scanning the barcode of the online ticket upon entry. If the customer returns a ticket that has already been used, then any cancellation is excluded.
9.3 Zoo Berlin will reimburse the purchase price promptly after receipt of the returned goods or the invalidation of the online entrance tickets, subject to the following provisions.
9.4 Should there be any deterioration in the returned goods, then the customer must pay compensation for lost value in accordance with the legal regulation in § 357 paragraph 3 clause 3 of the BGB, unless this is solely due to examination of the goods. A loss in value is not simply considered in the product itself, but also all other factors that relate to the supply and resale are taken into account. If the customer wants to avoid paying any compensation for the deterioration of the goods, then they are hereby requested, especially in their own interests, to
(a) eliminate visible signs of use before returning the goods,
(b) also return the accessories included and the accompanying documentation, and
(c) use the undamaged original packaging for the return dispatch if possible, even if they may be damaged due to opening for functional testing purposes. The customer is not obliged to do so, but by undertaking the return shipment in the original packaging, you rule out Zoo Berlin having any claims for compensation for the missing original packaging.
9.5 Should the customer opt for an unnecessarily expensive form of shipment, then they may be obliged to pay Zoo Berlin for the increased costs compared to the most cost-effective method of shipment.
9.6 The compensation for lost value as well as the for use up to this time, which is payable by the customer, is offset against the purchase price to be reimbursed.
§ 10. Warranty
10.1 A product that is already defective upon delivery (warranty case) will be replaced by Zoo Berlin with a defect-free or professionally repaired product (subsequent fulfilment) at the cost of Zoo Berlin, depending on the customer's wishes. The customer is advised that no warranty case arises if the product matches the agreed quality upon dispatch by Zoo Berlin (transfer of risk). There is no right of warranty in the following specific cases:
(a) with damages that are caused due to misuse or improper use by the customer;
(b) with damages that have occurred in the customer's possession having been caused by exposure to harmful external influences (particularly extreme temperatures, humidity, unusual physical or electrical demands, voltage fluctuations, static electricity, lightning, fire).
10.2 If the type of subsequent fulfilment requested by the customer (replacement delivery or repair) requires an expense, which, in consideration of the product price and taking into account the content of the contract and good faith, is in major disproportion to the customer's interest in the performance – whereby, in particular, the value of the product purchased without defects, the significance of the defect and the question are to be considered as to whether another type of subsequent fulfilment may be implemented without inflicting a substantial disadvantage towards the customer – the customer's claim is restricted to the other form of subsequent fulfilment. The right of Zoo Berlin to also refuse this other form of subsequent fulfilment under the above-mentioned prerequisite, remains unaffected.
10.3 The customer is obliged to send off the product to Zoo Berlin stating the order number, at the expense of Zoo Berlin, both in the case of repair and also in the case of replacement delivery.
10.4 The customer can choose to cancel the contract or reduce the purchase price if the repair or replacement delivery, within a reasonable amount of time, has failed to meet the condition of the product stated in the contract.
§ 11. Limitation period
The statutory warranty of Zoo Berlin ends two (2) years from when the goods are delivered to the customer.
§ 12. Liability for damages
12.1 In the case of slight negligence, Zoo Berlin is only liable for the violation of contractual obligations and is limited to foreseeable damage. This limitation does not apply in case of damage to life, body and health. Zoo Berlin is not liable for other damage or losses caused by a defect in the purchase object through other minor negligence.
12.2 Irrespective of any fault on the part of Zoo Berlin, liability towards Zoo Berlin remains unaffected in the case of fraudulent concealment of the defect or from assuming a guarantee.
12.3 The manufacturer's warranty is a warranty from the manufacturer and does not constitute a warranty from Zoo Berlin.
12.4 The personal liability of legal representatives, agents and employees of Zoo Berlin, for where they have caused damages by slight negligence, is excluded.
§ 13. Use of data
13.1 With the agreement of the data protection declaration of Zoo Berlin during conclusion of the contract, the customer hereby declares their consent that Zoo Berlin stores, processes and uses the personal data that they have entered, to the extent that is required to execute the order.
§ 14. Other
14.1 All contracts concluded with Zoo Berlin as defined in § 1 shall be exclusively subject to the material law of the Federal Republic of Germany excluding the application of the UN purchase act.
As of: 2 August 2007
Cancellation policy/right of cancellation
You may cancel your contract declaration without giving reasons in writing (e.g. letter, fax, email) or by returning the goods. The period begins with receipt of this instruction. The timely sending of the cancellation or the goods is sufficient for compliance with the cancellation deadline.
The cancellation should be sent to:
Zoologischer Garten Berlin AG
Dept. Customer Services
Fax: +49 (0)30 25 401 228
Consequences of cancellation and return:
In the event of effective cancellation, the benefits received by both parties shall be returned, and any benefits that may have been accrued (e.g. interest) shall be surrendered where applicable. Should you not be able to return the product received in whole or in part or only in a deteriorated condition, you shall be obliged to compensate us for any loss in value, if applicable. This does not apply if the deterioration is exclusively due to their inspection – as you would deem necessary should you visit a store. Incidentally, you can avoid the obligation of compensating the value by not treating the goods as if you were their owner yet and by refraining from doing anything which impairs its value. You have to bear the cost of the return shipping of the goods by parcel yourself, if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40 or, in the case of a more expensive item, you have not fulfilled your part of the agreement or made a contractually agreed part payment at the point of the cancellation. Otherwise return shipment is at no extra cost to you. Items that cannot be returned by parcel shall be collected from you. You must meet the obligations for the reimbursement of payments within thirty (30) days after sending your declaration of cancellation.
- End of cancellation policy -