General terms and conditions
General Terms and Conditions (GTC)
of the MKM Museum Küppersmühle for Modern Art, Duisburg
- These GTC apply to all services provided by the Stiftung für Kunst und Kultur e.V., Viktoriastraße 26, 53173 Bonn, Germany, as operator of the “MKM Museum Küppersmühle für Moderne Kunst”, Philosophenweg 55, 47051 Duisburg, Germany (hereinafter “MKM Museum Küppersmühle“) towards the orderers, purchasers or holders of admission tickets and/or vouchers as well as towards its visitors (hereinafter individually and collectively referred to as “Visitor“).
- The business relationship between MKM Museum Küppersmühle and visitors is governed exclusively by the following GTC in their currently valid version. Deviating general terms and conditions of the visitor or other third parties are not recognized unless MKM Museum Küppersmühle expressly agrees to their validity in writing.
- In addition to these GTC, the house rules and the price list of the MKM Museum Küppersmühle, as amended from time to time (hereinafter referred to as “house rules” or “price list”), apply to the use of the services of the MKM Museum Küppersmühle as well as to entering the grounds, areas and buildings belonging to the MKM Museum Küppersmühle and/or individual exhibitions or events.
- In the event that a service of the MKM Museum Küppersmühle (e.g. an admission ticket) is passed on to a third party, it is the responsibility of the preceding purchaser of the service in question to point out that these General Terms and Conditions and the house rules apply to any further visitor.
- MKM Museum Küppersmühle offers the sale of admission tickets, vouchers, catalogs, and other museum or exhibition-related items as well as the rental of premises via the museum’s box office, via various ticket service providers, and via the online store (hereinafter also referred to collectively as “Services”).
- The purchase of a ticket for a visit to the museum entitles the respective holder to admission to the MKM Museum Küppersmühle on the day specified on the ticket for the selected section or part of the exhibition during opening hours.
- From the moment the ticket is received by the visitor, the visitor is liable for the ticket in case of loss, theft or misuse. There will be no reimbursement by MKM Museum Küppersmühle.
- Conclusion of contract
Formation of a contract
- The offer of services at the box office as well as on the MKM Museum Küppersmühle website does not constitute a binding offer by the MKM Museum Küppersmühle to conclude a purchase contract or any other contract. The visitor is merely invited by the presentation to make an offer to conclude a contract. The visitor has no claim to acceptance of the offer by MKM Museum Küppersmühle.
Purchase of tickets and vouchers via our online store
- When purchasing admission tickets and vouchers via our online store, the visitor is directed to the booking portal “bookingkit” provided by MKM Museum Küppersmühle for this purpose by clicking on the “Shop” field.
- After selecting the date, the number of tickets or vouchers, the desired time window as well as the price level and then clicking on the field “GO TO BASKET”, an overview of the shopping cart with the already selected tickets and/or vouchers will open. After clicking on the field “GO TO CHECKOUT” a new page appears, on which the visitor has to enter his personal data (name, first name, e-mail address, postal code and country, billing address / company, if applicable) and the desired method of payment.
- In addition, the visitor must confirm that he/she has read the cancellation policy (see section 4 below), accepts it, and declares that he/she agrees and expressly requests that MKM Museum Küppersmühle begins to perform the ordered service before the end of the cancellation period and that the visitor acts in the knowledge that he/she will thereby lose his/her right of cancellation.
- The above confirmations and consents are prerequisites for the submission and transmission of the order and for the conclusion of a contract with MKM Museum Küppersmühle. After clicking on the “CONTINUE TO PAYMENT” field, the visitor is then taken to the provider page of the selected payment method and completes the payment process there. The visitor will then receive an automatic confirmation by e-mail.
- After successful completion of the payment process, the visitor receives his tickets and/or vouchers purchased via our online store in PDF format by e-mail and can print this out himself or use it on his cell phone. There will be no postal dispatch.
Guided tours / Rental of exhibition rooms / Cancellations
- Requests for booking guided tours, reserving event rooms and for other individual services should be made exclusively by telephone or e-mail to email@example.com. The conclusion of the contract for the respective booking is only concluded by the booking confirmation by e-mail or by mail.
- In case of premature cancellation by the visitor of the services ordered by the visitor, for whatever legal reason, the visitor is obliged to pay 50% of the agreed total amount, if the cancellation is made less than 14 days before the respective service date. Any payments already made up to the date of cancellation will not be refunded.
- MKM Museum Küppersmühle is not obligated to perform before receipt of payment of the first installment. Insofar as MKM Museum Küppersmühle demands an advance payment by a certain date, and this is not received by MKM Museum Küppersmühle in due time, MKM Museum Küppersmühle reserves the right to cancel the respective booking or to terminate it without notice and to refuse the services on which the respective booking is based. Any event rooms rented may be rented to other parties. The assertion of claims on the part of MKM Museum Küppersmühle, such as in particular claims for damages, remains unaffected.
- Right of withdrawal for the purchase of vouchers via the online store
A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
You have the right to cancel your purchase contract within fourteen days without giving any reason.
The withdrawal period is fourteen days in the case of a service contract from the day of conclusion of the contract, in the case of a purchase contract from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must:
Foundation for Art and Culture e.V. c/o MKM Museum Küppersmühle for Modern Art, Philosophenweg 55, 47051 Duisburg; e-mail: firstname.lastname@example.org
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
- Consequences of the withdrawal
If you revoke this purchase contract, we must return to you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
The Foundation for Art and Culture e.V. may refuse repayment until it has received the goods back or the buyer has provided proof that the goods have been returned, whichever is the earlier.
The buyer must return or hand over the goods to the Foundation for Art and Culture e.V. without delay and in any case no later than fourteen days from the day on which the revocation was received by the Foundation for Art and Culture e.V.. The deadline is met if the buyer sends the goods before the expiry of the period of fourteen days. The buyer bears the direct costs of returning the goods. The Buyer shall only be liable for any loss in value of the goods if such loss in value is due to the handling of the goods which is not necessary for the inspection of the quality, characteristics and functioning of the goods.
- No right of withdrawal for the purchase of tickets
According to § 312 g Abs. 2 No. 9 BGB, 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. Accordingly, in the case of the sale of tickets for admission to the MKM Museum Küppersmühle and events on a fixed date, the visitor has no right of withdrawal. Any order of tickets and bookings of events are thus binding and obligatory to pay for the ordered services.
- Prices and payment
- The prices can be found in the current price list or in the online store for the respective services (tickets / vouchers). The stated prices include the statutory value added tax.
- In the case of contracts for catering services or events, invoices are generally payable on site immediately from the invoice date without deduction.
- In the case of telephone bookings, payment is made as cash or card payment directly at the box office or by prepayment or invoice to the visitor. When purchasing tickets at the MKM Museum Küppersmühle box office, payment is made in cash, by EC card, credit card or against voucher.
- When purchasing tickets and vouchers via our online store, only the payment methods displayed in each case during the ordering process are accepted.
- Tickets purchased at fixed times cannot be exchanged or refunded. Exceptions to this are at the sole discretion of MKM Museum Küppersmühle.
- Any commercial resale of admission tickets and/or vouchers to third parties requires the prior written consent of MKM Museum Küppersmühle. Otherwise, MKM Museum Küppersmühle reserves the right to refuse admission to the third parties in question and not to refund the admission tickets or vouchers. In this case, the tickets and/or vouchers lose their validity.
- Der Inhaber einer Eintrittskarte hat keinen Anspruch auf Umfang, Dauer und Inhalt einer bestimmten Ausstellung zum Zeitpunkt des Kaufs, sondern lediglich jeweils in dem Umfang, Dauer und Inhalt am Tag des Zutritts zum Museum. The scope, duration and content of the exhibitions are constantly changing and are at the discretion of MKM Museum Küppersmühle.
MKM Museum Küppersmühle processes visitors’ personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Further details on data protection can be found in the data protection notice of the MKM Museum Küppersmühle.
- Claims for damages by visitors are excluded. Excluded from this are claims for damages by visitors arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by MKM Museum Küppersmühle, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
- In the event of a breach of material contractual obligations, MKM Museum Küppersmühle shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims of the visitor are based on injury to life, body or health.
- The restrictions of the preceding clause 8.1. and 8.2. also apply in favor of the legal representatives and vicarious agents of MKM Museum Küppersmühle, if claims are asserted directly against them.
- The obligations arising from the foregoing subparagraphs 8.1. and 8.2. The limitations of liability resulting from the above provisions shall not apply if MKM Museum Küppersmühle has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as MKM Museum Küppersmühle and the visitor have reached an agreement on the condition of the item. The provisions of the Product Liability Act shall remain unaffected.
- Final provisions
- Contracts between MKM Museum Küppersmühle and visitors are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions esp. of the state in which the visitor has his habitual residence as a consumer remain unaffected.
- If the visitor 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 contractual relationships between the visitor and the MKM Museum Küppersmühle is the registered office of the MKM Museum Küppersmühle.
- The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Version from 28.01.2022