General Terms of Use
(As of: April 10th, 2017)
1. Validity of the General Terms of Use
1.1 These General Terms of Use apply in their currently valid version for usage of the website www.paulaner-wirtshaus-berlinpotsdamerplatz.com (hereinafter referred to as “website“ for brevity). The service provider is the Scheidt Erlebnisgastronomie GmbH, Alte Potsdamer Straße 1, 10785 Berlin (hereinafter referred to as "Scheidt Erlebnisgastronomie" for brevity).
1.2 Any general terms and conditions used by the user do not apply.
2. Use of the website; age restrictions
2.1 The website is intended exclusively for people residing in the Federal Republic of Germany.
2.2 Persons younger than 18 are not permitted to use the website. A user confirms his/her age by clicking the box "YES, I am 18 years or older".
3. Availability of the website; authority to edit website
Scheidt Erlebnisgastronomie strives to keep the website continually online and available. Scheidt Erlebnisgastronomie however does not guarantee constant availability and is entitled at any time to change individual features or services, either temporarily or for the long term, or restrict access to these services. This applies in particular to the Fan-Shop, the Fan Club, the media database or the premises lease market.
4. Applying or registering
4.1 In general, the website can be used without applying or registering first. Some of the services available on the website however require application or registration on the part of the user.
4.2 In registering or making an application, the user should truthfully provide the requested personal details. The user is responsible for the accuracy and up-to-dateness of the details entered. By completing the application or registration form, the user confirms that he/she is an adult and is legally competent. An application or registration can only be successfully completed when all "obligatory" fields have been filled in. Entry of information in the fields labelled "optional" is however not obligatory and not necessary for successful registration.
4.3 Scheidt Erlebnisgastronomie is entitled to refuse without giving reason any application or registration. In such a case the information entered by the user is deleted.
5. Liability for links
5.1 In the case of links to third party telecommunications media which lie outside the responsibility of Scheidt Erlebnisgastronomie, Scheidt Erlebnisgastronomie bears liability for linked unlawful content of third parties only where Scheidt Erlebnisgastronomie is aware of this unlawful content and it is technically feasible and reasonable to prevent access or usage.
5.2 Scheidt Erlebnisgastronomie has no influence on media content from other service providers accessed through links or via other means. Scheidt Erlebnisgastronomie does not appropriate the content of such media.
6. Proprietary rights
6.1 The user acknowledges that the website and content available through them constitute a database and “Datenbank” as understood in section §§ 4 para. 2, 87a para. 1 of the German Copyright Act (UrhG), with Scheidt Erlebnisgastronomie being the holder of rights. The associated computer programs are subject to protection under sections §§ 69a et seqq. of the German Copyright Act (UrhG). All content is protected by copyright law and copyright belongs exclusively to Scheidt Erlebnisgastronomie. Existing third party proprietary rights are not affected.
6.2 The rights to all other elements of the website, in particular usage rights and ancillary copyright of the content provided by Scheidt Erlebnisgastronomie also belong to Scheidt Erlebnisgastronomie.
6.3 All trademarks used on the website is registered by Scheidt Erlebnisgastronomie or are licensed to Scheidt Erlebnisgastronomie for usage on the website. Usage of all trademarks and logos is forbidden, unless Scheidt Erlebnisgastronomie or the owner of the respective trademark have expressly permitted such usage.
7. General limitation of liability
7.1 Scheidt Erlebnisgastronomie is liable under statutory provisions for injury to life, personal injury or damage to health as well as for damages based on deliberate intent or gross negligence on the part of Scheidt Erlebnisgastronomie, their legal representatives or one of their agents. Liability under the German Product Liability Act, where applicable, is not affected. Any other liability on the part of Scheidt Erlebnisgastronomie is excluded.
7.2 The above provisions also apply for the benefit of employees of Scheidt Erlebnisgastronomie and other agents of Scheidt Erlebnisgastronomie.
8. Applicable law, preferred language
8.1 The law of the Federal Republic of Germany is the sole applicable law governing any dispute arising from or in connection with these Terms of Use or with usage of the website, irrespective of the legal basis, but with the exception of all legal norms which refer to another legal order, as well as with the exception of the New York Convention on Contracts for the International Sale of Goods - CISG of 11/04/1980; same applies to the interpretation of these Terms of Use.
8.2 Translations of these Terms into another language, in particular into English, serve only as an aid to comprehension. Only the version in the German language is legally binding.