General Terms and Conditions

I. General information

  1. These General Terms and Conditions (hereinafter referred to as GTC) apply to all business relationships between SOCCERBEAT GmbH, Eupener Straße 159, 50933 Cologne, Germany (hereinafter referred to as SOCCERBEAT) and its customers.
  2. Definition
    1. A consumer within the meaning of these GTC is a customer who is a natural person and who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed
    2. An entrepreneur within the meaning of these GTC is a customer who is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
    3. Customers are contractual partners of SOCCERBEAT, regardless of whether they are consumers or entrepreneurs.
    4. The activity area refers to the play area of the soccer experience world, including its activity zones, which is separated from the catering area.
  3. Any deviating, conflicting, or supplementary terms and conditions of an entrepreneur are not binding for SOCCERBEAT unless SOCCERBEAT has expressly agreed to their validity. This also applies if SOCCERBEAT does not expressly object to the validity of the entrepreneur's terms and conditions or performs the contractual service for the entrepreneur without reservation.
  4. The reference to legal provisions is for clarification purposes only. Unless the legal provisions are directly amended or expressly excluded in these terms and conditions, they shall apply even without such clarification.
  5. Individual agreements made with the customer in specific cases shall in all cases take precedence over these general terms and conditions.

 

II. Terms and conditions of participation

  1. Children under the age of 12 are only permitted to enter when accompanied by adults.
  2. From 8 p.m. onwards, customers under the age of 18 will not be admitted. All customers under the age of 18 must leave the promotional area by 8 p.m. at the latest.
  3. To verify the required age, admission to the promotional area after 8 p.m. may be made conditional upon the presentation of valid, official photo identification. The same applies to remaining in the area after 8 p.m.
  4. Individuals may be denied access or prohibited from further use of the promotional area if
    1. they are obviously under the strong influence of intoxicating substances,
    2. their behavior endangers themselves or third parties, or
    3. their behavior significantly impairs the peaceful play of other participants.
  5. The posted house rules apply to the use of the promotional area.

 

III. Admission / Admission times

  1. The SOCCERBEAT activity area may only be entered by customers with a valid admission ticket.
  2. Tickets only entitle the holder to admission within the time slot printed on the ticket. The activity area must be vacated at the end of the booked time slot. Upon leaving the activity area, or at the latest upon expiry of the booked time slot, the ticket shall expire and the holder's right to remain or enter the area shall cease.
  3. If the customer does not leave the promotional area after the end of the booked time slot, an amount of €0.21 per minute will be charged from the sixth minute after the end of the booked time slot. The customer is entitled to prove that no damage or significantly less damage than the amount specified in sentence 1 has been incurred.
  4. The customer is entitled – regardless of any right of withdrawal – to change the time slot agreed upon when purchasing the ticket once free of charge. This is subject to the customer informing SOCCERBEAT of their wish to change the time slot at least 6 hours before the originally agreed time slot. SOCCERBEAT and the customer will then agree on an alternative time slot.
  5. Commercial trading in admission tickets is prohibited.
  6. The activity area only has space for a limited number of users. Admission is therefore subject to availability. It is therefore advisable to book a specific admission time (see section 3.2) in advance.

 

IV. Conclusion of contract for online tickets

  1. The presentation or advertising of tickets in the online shop does not constitute a binding offer to conclude a purchase contract.
  2. In the online shop, the customer's order is sent to SOCCERBEAT after clicking the “Pay” button. The order constitutes a legally binding offer to which the customer is bound for 7 calendar days. Any statutory right of withdrawal remains unaffected by this. After SOCCERBEAT receives the order, SOCCERBEAT will immediately confirm receipt of the order to the customer by email. The order confirmation does not constitute acceptance of the contract offer, unless acceptance is declared at the same time.
  3. A contract between SOCCERBEAT and the customer is concluded by a declaration of acceptance by email or by issuing and sending the ordered ticket.
  4. The customer may only conclude the contract in German.
  5. Before placing a binding order in the online shop, it is possible to save the contract text. SOCCERBEAT itself does not save the contract text of the contract concluded with the customer. In addition, the customer will receive the contractual provisions with details of the tickets ordered, including these General Terms and Conditions, by email.
  6. Before completing the payment process for the order, the customer can view their complete order details. Changes can be made by clicking on the “back” arrow in the top left corner. This takes you to the main menu, where you can start your order again with the changed order details.
  7. The customer can choose from credit card, debit card, PayPal, Giropay, and Apple Pay as payment methods. Payment processing is handled by Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands.
  8. Tickets are provided exclusively in digital form and sent by email. Customers can present the ticket purchased online as a printout or on a suitable device (e.g., cell phone, tablet) as proof of admission.

 

V. Right of withdrawal / Exception to the right of withdrawal

  1. Vouchers
    Consumers who have purchased a voucher via the online shop have a right of withdrawal. The cancellation policy and the cancellation form can be found here..
  2. Tickets
    Since the use of the play area involves services related to leisure activities and the services are assigned to a specific date and time period based on the time slot specified on the ticket, the customer has no right of withdrawal in accordance with Section 312g (2) No. 9 of the German Civil Code (BGB). The customer therefore has no right of withdrawal or return when purchasing an admission ticket and cannot revoke their declaration of intent.

 

VI. Prices

  1. The prices stated on the website www.soccerbeat.de (online orders) and in the price lists displayed at SOCCERBEAT (in-store purchases) at the time of purchase apply.
  2. Prices are gross prices including statutory sales tax.
  3. When ordering online, the total price including sales tax and shipping costs is displayed to the customer on the order overview page before the order is submitted.

 

VII. Force majeure

  1. SOCCERBEAT shall not be liable in cases of force majeure. This includes all unforeseeable events as well as events which – insofar as they could have been foreseen – are beyond the control of the parties. This includes, in particular, but is not limited to, the following events: natural disasters such as floods, storm surges, hurricanes, and typhoons, as well as other severe weather events of catastrophic proportions, earthquakes, lightning strikes, avalanches and landslides, fires, epidemics, pandemics, epidemics and infectious diseases (insofar as such have been declared by the WHO or a ministry or a risk level of at least “moderate” has been determined by the Robert Koch Institute), war or war-like conditions, riots, revolution, military or civil coups, uprisings, blockades, official and government orders, strikes, lockouts.
  2. In this case, SOCCERBEAT is entitled to postpone the agreed admission and event dates depending on the scope and duration of the force majeure event and its consequences, without the customer being granted a right to withdraw from the contract or a claim for damages (statutory rights of withdrawal remain unaffected). The new dates must be agreed with the consent of the respective customer and cannot be determined unilaterally by SOCCERBEAT.
  3. If the interruption due to an event of force majeure lasts longer than 3 months,
    1. SOCCERBEAT is entitled to terminate the contract in whole or in part without the customer being entitled to claim compensation.
    2. the customer is entitled to withdraw from the contract.

In such cases, any fees already paid shall be refunded.

 

VIII. Liability

  1. SOCCERBEAT shall be liable without limitation for claims for damages caused by SOCCERBEAT, its legal representatives, or vicarious agents
    1. in the event of injury to life, limb, or health
    2. in the event of intentional or grossly negligent breach of duty
    3. in the event of liability under the Product Liability Act, or
    4. insofar as warranty promises have been made.
  2. In the event of a slightly negligent breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
  3. Otherwise, claims for damages are excluded.

 

IX. House rules / Rules of conduct

  1. SOCCERBEAT employees are responsible for enforcing the house rules in the activity area.
  2. The instructions of SOCCERBEAT employees must be followed. In the event of persistent disregard of the instructions given, SOCCERBEAT is entitled to refuse the customer concerned further use of the activity area; in this case, the customer must leave the activity area.
  3. The house rules posted in the activity area apply.
  4. SOCCERBEAT has established special (game) rules for the use of the activity modules and sports equipment. Customers must comply with the rules for using the activity modules and sports equipment described herein. Repeated violations may result in exclusion; in this respect, section 10.2, sentence 2 applies accordingly.
  5. Street shoes may be worn in the activity area. The use of studded shoes is prohibited.
  6. The consumption of your own beverages is prohibited in the activity area.

 

X. Dispute resolution

The European Commission provides a platform for online dispute resolution. This can be found at https://ec.europa.eu/consumers/odr/. SOCCERBEAT is not willing or obliged to participate in dispute resolution proceedings.

 

XI. Final provisions

  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 has placed the order as a consumer and has their habitual residence in another country at the time of ordering, the application of mandatory legal provisions of that country remains unaffected by the choice of law.
  2. If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Frankfurt.