1. Scope of application
 
The following business conditions and terms of payment apply to both the Museum Barberini and DAS MINSK Kunsthaus in Potsdam for the acquisition of entrance tickets, annual season tickets and vouchers, as well as the acquisition of tickets for guided tours (e.g. guided tours for the general public and for groups, auditorium group introductions, Online live tours) and events (e.g. lectures, readings and concerts) within the premises of the Barberini Museum (hereinafter: the “Products“) offered by Museen der Hasso Plattner Foundation gGmbH (hereinafter: the “Provider“). 

For the visit of the exhibitions and events, the house rules of the respective house apply additionally.

2. Contract conclusion

The Products may either be purchased at the ticket counters or booked via the respective visitor services units, the museum websites or by using the Barberini App (only applicable for the Museum Barberini). 

The offer to enter into a contract is invariably made by the customer (e.g. by clicking the box “order”). Acceptance by the Provider—and the resultant contract conclusion—occurs by way of the Product’s physical delivery or by sending a confirming e-mail, with the given Product attached in the annex, to the e-mail address indicated by the customer. The purchase or booking will become binding upon acceptance and may only be cancelled subject to the conditions set out below.  

The Products are sold to end customers and authorized resellers only. In the case of a non-authorized resale the Provider reserves the right of rescission for a period of 30 days after contract conclusion pursuant to the foregoing provision.
 
3. Prices and payment

The indicated prices for the products include 7% VAT. 

In the case of a purchase via the respective museum website or the Barberini App (for the Museum Barberini), payment by the customer is made in advance either by credit card (Visa/ MasterCard) or PayPal. If a Product is purchased at the ticket counters, it will be possible to pay either in cash, by debit card or by credit card (Visa or MasterCard). Payment of Products booked via the visitor services units will be made against invoice. 

4. Admission

At the entrance to the respective museum, the given Product is to be presented either in printed form or in digital form on the display of a smartphone or tablet. Admission will only be possible against presentation of a ticket with a completely readable barcode. The Provider is under no obligation to admit persons presenting or showing a Product that had already been presented or shown by another person before, thus having been voided.

5. Special conditions for individual products 

a) Entrance tickets

Entrance tickets are tied to a quarter-hour time slot booked by the customer, i.e. they entitle the visitor to be admitted to the exhibition premises as stated on the entrance ticket only on the day booked and within the time slot booked. Depending on the number of visitors, queue times at the entry control point may be possible. The stay at each museum is limited to 4 hours.  

b) Annual season tickets

Annual season tickets for the Museum Barberini are valid for the Hasso Plattner Collection as well as all exhibitions of the Museum Barberini during the entire opening hours.

Annual tickets of the MINSK are valid for all exhibitions of the MINSK during the entire opening time.

Annual tickets PLUS are valid for the Hasso Plattner Collection, all exhibitions of the Museum Barberini as well as for all exhibitions of the MINSK during the entire opening time.

There may be waiting times at the admission control depending on the rush of visitors.

Annual season tickets are valid for a period of 12 months after the date of issue. Being issued to one particular person, they may not be transferred. For every visit an identity card bearing a photograph is to be presented in addition to the annual season ticket.

If an annual season ticket is lost or missing, a replacement ticket may be issued against payment of a 5 EUR processing fee. In this case the annual season ticket lost or missing will become invalid. 

c) Vouchers (multi-purpose vouchers)

(Gift) vouchers (multi-purpose vouchers) issued by the Provider may be redeemed at the museum’s ticket counters and—to the extent purchased after June 1, 2019—also at the Museum Cafés. They are valid for three years; the period of validity begins at the end of the year in which the relevant voucher was purchased. Vouchers cannot be redeemed online.

Vouchers purchased prior to June 1, 2019, may solely be redeemed in whole, i.e. at the level reflecting the value of the entire voucher. As regards vouchers sold later, it will also be possible to redeem them in part. In order to be admitted to the exhibition premises the customer must have booked a (free) time-slot ticket (cf. subsections a and b above). 

In case of loss of a voucher, no replacement can be provided.

d) Event tickets

If and to the extent specifically noted in connection with an event on the website of the Barberini Museum or DAS MINSK, tickets purchased for an event entitle the holder, in addition to attending the event, to visit the respective museum as well on the date of the event. 

e) Group tours and group introductions at the auditorium

Guided tours for groups and group introductions, including the relevant entrance tickets, can only be booked via the visitor services units. 

Bookings of group tours and group introductions at the auditorium will, after a positive booking confirmation, be conducted by a guide chosen and engaged by the Provider. The number of participants indicated in the booking confirmation is binding. 

Guided tours offered or conducted by third parties are not permitted.

f) Online live tour

Online live tours are a private guided tour conducted by a guide chosen and engaged by the Provider with a camera and virtually transmitted via the Internet.  

When booking this tour, the customer will be granted the number of online accesses to a virtual conference room as placed in the order. The technical prerequisites indicated on the Provider's website must be provided by the customer. Technical problems falling within the customer’s sphere of responsibility, if any, will not entitle the customer to claims against the Provider. Audio or video recording of the tour is not permitted. 

6. Discounted and free Products

Discounted or free entrance tickets, guided tours and event tickets will only be valid together with supporting documents. They are to be presented at the respective museum's ticket counter and/or entrance. Customers who are unable to present the supporting documents will be required to purchase regular tickets or to pay the equivalent price difference at the ticket counter.

7. Cancellation / right of revocation

Generally, products booked for a specific date or time (e.g. entrance tickets, event tickets or tickets for public guided tours) may not be cancelled or revoked (sec. 312 g (2) no. 9 BGB [German Civil Code]).

This does not apply to booked group guided tours, group guided tours in the auditorium and group live tours (hereinafter referred to collectively as group event) as well as associated admission tickets:  

a) Up to 14 days before the booked date, a change in the number of participants in the booked group event is possible. The change must be made either by letter to the Museums of the Hasso Plattner Foundation gGmbH, Alter Markt 3, 14467 Potsdam, Germany, or by e-mail to besucherservice@museum-barberini.de or besucherservice@dasminsk.de.  

b) Cancellation of the group event is possible either by letter to the Museums of the Hasso Plattner Foundation gGmbH, Alter Markt 3, 14467 Potsdam or by e-mail to besucherservice@museum-barberini.de or besucherservice@dasminsk.de. Cancellations made up to 14 calendar days before the event will be charged a fee of 25 EUR. Cancellations made from 13 calendar days up to 24 hours before the event will be charged a fee of 105 EUR. Payments already made will be refunded after deduction of this contribution towards expenses, otherwise the customer will only be charged the contribution towards expenses. In case of cancellation after the aforementioned deadline or in case of non-appearance of the group at the agreed date, the full invoice amount is due. Decisive for compliance with the deadline is the receipt of the cancellation by the provider. The customer must provide proof of this. Cancellation of individual services is not possible. 

c) Cancellation of offers designed for school classes and kindergarten groups is free of charge. Cancellation is possible either by letter to the Museums of the Hasso Plattner Foundation gGmbH, Alter Markt 3, 14467 Potsdam or by e-mail to besucherservice@museum-barberini.de or besucherservice@dasminsk.de.

d) Vouchers, furthermore multi-purpose vouchers, not purchased at the Museum ticket counter or in the museum webshop (https://shop.museum-barberini.de/ or https://tickets.dasminsk.de/) by a consumer shall be subject to the 14-day right of revocation fixed by law. 

8. Liability

In the case of willful intent or gross negligence, the Provider will be liable according to the statutory provisions; in all other respects—unless provided for otherwise below—only in the event that a contractual duty is breached whose fulfilment would make the proper performance of the contract possible in the first place and on whose observance the customer may normally rely (known as cardinal duty), such liability being limited to the foreseeable and typical damage. In all other cases liability is excluded, except if the damage is based on injury to life, the body or health. The foregoing shall, in each case, likewise apply in the event that the relevant act is committed by a representative or vicarious agent of the Provider.

The Provider may, for structural or organizational reasons and by reason of force majeure (e.g. natural disasters, epidemics, wars or government orders) or other circumstances beyond the Provider’s control, close the Barberini Museum as well as DAS MINSK or individual exhibition sections, cancel events or bar access to certain exhibits. The Provider will further be entitled to close the respective museum in the light of the Provider’s duty to maintain the safety of the premises or to impose special conditions of use in a situation where the Provider may assume at its reasonable discretion that health risks to the visitors would emerge or aggravate as a result of the opening of the museum, which would, in particular, be true where relevant warnings or recommendations had been issued by government authorities. 

In the case of a total closure or cancellation of an event or guided tour for any of the reasons referred to above, the Provider shall—to the extent practicable—promptly inform the customer and offer an equivalent alternative. At the customer’s request the Provider will refund the price of the Product (however, with the exception of annual season tickets). More extensive claims for compensation of damage are excluded in such cases. A partial closure or inaccessibility shall not entitle the customer to claim a price reduction.

The postponement of the dates scheduled for events or guided tours shall not entitle the customer to claim a price reduction. 

In the event that a visitor is banned from entering the premises due to his or her breach of the house rules, there shall be no claim to a refund of the price paid for the Product concerned.
 
9. Data protection

For the purpose of carrying out the contractually agreed transaction the Provider shall, throughout the duration of the contractual relationship—or beyond its termination, to the extent that and as long as a period of retention is imposed by law—store and use the customer’s name, date of birth and address, as well as e-mail address and phone number in accordance with the provisions of the EU’s General Data Protection Regulation and Germany’s Federal Data Protection Act. With the customer’s explicit consent the data may also be added to a general address database kept by Museen der Hasso Plattner Foundation gGmbH for recipients of information about the Barberini Museum and its events. More detailed information concerning data protection is available at www.museum-barberini.de/datenschutz/ and www.dasminsk.de/datenschutz.

10. Final provisions

If individual provisions are or become null and void or ineffective, the validity of the remaining contract shall not be affected thereby. The law of the Federal Republic of Germany shall exclusively apply. The application of the UN Sales Convention is excluded. Sole place of performance for delivery, service and payment shall be Potsdam. Place of jurisdiction for disputes with merchants, legal entities under public law and special funds under public law, as well as persons having their place of residence or habitual abode abroad, shall be Potsdam. 

In the event that these General Terms and Conditions are changed, these terms and conditions shall continue to apply unchanged to past/present orders and reservations.  

The Provider will not participate in any dispute settlement proceedings before a consumer arbitration board. 

Rev. Mar 1, 2023

 

 

General Terms and Conditions of Business and Lease of the 
Museen der Hasso Plattner Foundation gGmbH for events at Museum Barberini

1. Scope

a) These General Terms and Conditions of Business and Lease ("GTC") apply to contracts between Museen der Hasso Plattner Foundation gGmbH ("Lessor") and the customer ("Lessee") relating to the letting of premises of Museum Barberini for events (banquets, seminars, conferences etc.) and other services and deliveries provided in this connection (each an "Event Contract"). The relevant version is the version valid on the date the contract is concluded.

b) General terms and conditions of the Lessee shall apply only if the Lessor has expressly acknowledged them in writing.

2. Conclusion of contract

a) The Event Contract of which these GTC are an integral part shall be concluded upon acceptance of a written offer, it being sufficient if the Lessor or the Lessee sends a scan with the undersigned declaration as an email attachment to the other party. 

b) In urgent cases, a verbal agreement to conclude the contract shall also be binding. In such a case, the Lessor shall confirm the Event Contract in writing (within the meaning of Section 2 a) of these GTC). The same shall apply to subsequent changes to the Event Contract which may, however, also be confirmed in text form, i.e. by simple email.

c) The Lessor shall be bound to a written offer for seven calendar days, i.e. without prior consultation with the Lessee, he shall not make other arrangements to lease the premises on the same date. The Lessee shall be obliged to inform the Lessor without delay if he does not wish to make use of the date reserved by the Lessor.

3. Organizer, legal relationships

a) The Lessee is the organizer of the event to be staged in the rented premises and obliged to emphasize this or to point this out in all publications and announcements.

b) Before staging the event, the Lessee shall name the Lessor an executive event manager who shall be present and available to the Lessor at all times during the event.

c) The conclusion of the Event Contract shall not establish a corporate relationship between the Lessor and the Lessee. Apart from this, a contractual relationship shall exist only between the Lessee and event visitors and not between visitors or other third parties and the Lessor.

4. Subject-matter of the Agreement

a) The subject-matter of the Event Contract is the letting of the rooms and facilities of the Barberini museum that are specified in the Event Contract for the agreed purpose of the event and at the agreed date. Traffic areas (corridors etc.) and toilets of the museum may be used.

b) Kind and extent of additional services to be provided by the Lessor (e.g. museum tours, organization/handling of services such as security, cleaning, wardrobe, catering and event engineering) in each case result from the Event Contract. The same goes for any loss of turnover because of the event suffered by the Lessor and to be reimbursed by the Lessee.

c) Any permits required to perform the Lessee's event shall be obtained from the competent authority by himself and at his own expense and the Lessee shall on his own responsibility fulfil all conditions that may be imposed on him and all conditions with respect to structural engineering and operation imposed on the Lessor. Should it be impossible to stage the event because the Lessee has failed to file necessary permit applications in due time or because necessary permits have not been given or official requirements have not been fulfilled, then Sections 7 a) bb) and 7 b) bb) of this contract shall apply (Lessor's right of withdrawal and obligation of full compensation taking into account expenditures saved). 

d) The Lessee shall be solely responsible for the proper registration of the event (including with GEMA or the relevant collecting societies and publishing houses). The Lessor may request appropriate proof from the Lessee and the Lessee shall indemnify the Lessor from and against any and all third-party claims.

e) All services for the event shall be procured exclusively from

aa) Junicks Restaurant GmbH, Mittelstr. 20, 14467 Potsdam—the tenant of restaurant Barberini—email: restaurant@museum-barberini.de;

bb) Lichtwerk GmbH, Tulpenstr. 5, 12203 Berlin, email: info@lichtwerk.com.

Other service providers are allowed only with the written consent of the Lessor.

5. General rules of use

a) In addition to these GTC, the house rules of Museum Barberini, as amended from time to time, shall be observed at each event and the Lessee shall ensure that not only he but also all his employees and guests will observe the house rules (in particular the regulations relating to the protection of the works of art exhibited). It is imperative that the Lessee and the participants of his event follow the instructions of the Lessor's security staff. Security staff may exclude event participants from the event and order them off the museum if they fail to observe the house rules.

b) The Lessee or any third party engaged by him shall require the prior written consent of the Lessor to make picture, video and sound recordings of any kind.

c) The rented premises must be used only for the agreed purpose. Any non-compliance with this shall authorize the Lessor to immediately terminate the event. In such a case, the Lessee/event organizer cannot claim damages. The placing of own logos shall be discussed and agreed with the Lessor beforehand.

d) Larger installations, in particular tents, are not permitted in the foyer and inner courtyard of the museum. Food and beverages shall be consumed only in the foyer, unless otherwise agreed in writing. To protect the floor, red wine and other heavily staining food and beverages must not be served.

e) Any kind of open fire is strictly prohibited in all rooms, in front and in the courtyard of the museum. This also includes candles. 

6. Services, payment, set-off

a) The Lessor shall be obliged to provide the services agreed in the Event Contract. The Lessee shall be obliged to pay the Lessor's remuneration agreed for or applicable to these services or other services used by him (plus value added tax at the statutory rate). This shall also apply to services ordered by the Lessee directly or via the Lessor which are provided by third parties and paid for by the Lessor.

b) The Lessor's payment claim shall be due within ten calendar days of receipt of the invoice by the Lessee. The statutory default interest shall be charged in the event of default of payment. The Lessor shall be entitled to demand reasonable advance payment or provision of security.

c) The Lessee may set off claims of the Lessor only against claims that are undisputed or have been determined without further legal recourse.

7. Withdrawal / cancellation

a) The Lessee may withdraw from the Event Contract at any time but shall be obliged to pay a compensation for loss (cancellation fee). If withdrawal occurs (the relevant point in time being the time of receipt of the withdrawal statement by the Lessor)

aa) more than four weeks before the start of the event, then no cancellation fee shall be charged and any advance payments made shall be returned to the Lessee;

b) less than four weeks before the start of the event, then the Lessee shall be obliged to pay the full remuneration. This shall apply also if the Lessee—without declaring withdrawal from the contract—does not perform the event at the event date contractually agreed and/or does not or not fully use specific agreed services. 

However, amounts which the Lessor saves due to the cancellation or non-performance or gains due to alternative letting shall be set off against the remuneration. The onus of proof lies with the Lessee.

bb) Notwithstanding further legal rights of withdrawal, the Lessor may withdraw from the Event Contract without observing a time limit if a factual reason exists, which shall be deemed to be the case in particular if

aa) the Lessee has provided misleading or wrong information or has withheld essential facts (e.g. as regards the Lessee's identity or ability to pay or the purpose of the event);

bb) official permits or approvals necessary for the event are not available;

cc) the Lessor has a justified reason to believe that the event may jeopardize smooth business operations, public safety and order or the Lessor's public reputation without this being attributable to the Lessor;

dd) the Lessee does not fulfil his legal and official or contractually accepted obligations of notification, disclosure and payment associated with the event which he has towards the Lessor or the authorities, the fire brigade or medical and rescue services or GEMA;

ee) force majeure or other circumstances for which the Lessor is not responsible (in particular natural disasters, war, political turmoil, epidemics such as the coronavirus pandemic and the resulting prohibitions) make it impossible to fulfil the Event Contract; Section 9 c) of these GTC shall remain unaffected.

If the Lessor makes use of his right of withdrawal, claims of the Lessee (in particular for damages or reimbursement of expenses) shall be excluded and Section 6. a) bb) of these GTC shall apply mutatis mutandis.

In derogation from this, in the event of withdrawal pursuant to section 6. b) ee), only ancillary and additional services already provided by the Lessor shall have to be paid for and only costs shall have to be refunded that are refundable under the Event Contract and which the Lessor already has paid in advance.

f) Any withdrawal shall only be effective if made in writing.

8. Changes 

a) The maximal admissible number of persons agreed in the Event Contract must not be exceeded. A reduction of the communicated number of participants shall have no effect on the prices charged.

b) If the event starts or ends later than agreed, the Lessor can claim a proportionately higher rent or compensation for use and may charge the Lessee the expenses incurred because of this.

9. Lessee's liability

a) The Lessee shall be obliged to pay compensation for any damage for which he, his representatives, appointees, vicarious agents or event participants are responsible and shall insofar indemnify the Lessor from and against any and all claims raised by a third party (including fines imposed in connection with the event).

b) The Lessee shall be liable for returning, in perfect condition and completely, the appliances, keys and equipment lent to him by the Lessor.

c) Any further liability in accordance with the legal regulations shall not be affected.

d) For events starting at 1 January 2021 or later, the Lessor shall take out an event organizer's liability insurance with Mannheimer Versicherung for the benefit of the Lessee under a master agreement. The cost of this insurance protection is included in the handling fee. The amount of cover for each insured event is € 3,000,000.00 globally for injury to persons, damage to property and financial losses.

Based on the insurer's policy provisions, the insurance also covers damage caused by loading and unloading up to the sum insured / damage to property being worked upon up to € 10,000.00. 

10. Lessor's liability

a) No-fault liability of the Lessor for compensation for initial defects of the rental object shall be excluded.

b) In the event of willful intent or gross negligence, the Lessor shall be liable in accordance with the legal provisions, and in other cases—unless otherwise provided for below—only if he breaches a contractual obligation the fulfilment of which makes proper performance of the Event Contract possible in the first place and discharge of which the Lessee may typically rely on (so-called material contractual obligation), in which case his liability shall be limited to the foreseeable damage typical for the contract. In all other cases, any liability shall be excluded. 

c) Notwithstanding Section 6 b) ee) of these GTC, the Lessor shall be entitled to cancel or postpone an event or to define specific rules of use because of the legal duty to maintain safety incumbent on him if, according to his best judgement, he can assume that performance of the event will create or increase risks to the health of participants, which shall in particular also be the case if the authorities have issued warnings or recommendations to that effect. If the parties do not agree on an alternative date, the Lessor shall refund the Lessee any advance payments already made. Further claims of the Lessee, in particular claims for damages, shall be excluded in these cases. Any just partial closing or inaccessibility of the event location shall not entitle to a reduction of the remuneration.

d) Moreover, the Lessor shall not be liable for any damage caused by any measure arranged by him to maintain safety and order. Should an event be restricted, cancelled or abandoned at the Lessor's instructions because he misjudges a situation as being critical in terms of safety, the Lessor shall not be liable in the event of ordinary negligence. Liability shall likewise be excluded if an event has to be interrupted, restricted, changed, cancelled or abandoned at the instructions of an authority.

e) Where liability is excluded or limited in these GTC, this shall apply likewise to the liability of the Lessor's representatives, vicarious agents and assistants.

f) Any exclusion or limitation of liability shall not apply in the event of culpable injury to life, body or health of a person.

11. Current special regulations in view of the coronavirus pandemic

a) The Lessee is responsible for compliance with the legal and official provisions and requirements regarding the containment of the coronavirus in force at the date of the event. To this end, the Lessee shall inspect the rented premises prior to the event and submit to the Lessor a list of the participants and a hygiene concept at the latest 14 calendar days prior to the start of the event.

b) If and to the extent that corona requirements apply, the lessor may take appropriate measures, including, but not limited to, the following special hygiene and spacing rules: 

aa) Persons known to have COVID-19 or having symptoms indicative of a coronavirus infection are barred from access. Access to the museum is granted only to persons who neither have symptoms of the disease nor an elevated body temperature. 

bb) To attend an event, participants must have a face mask covering their mouth and nose which they must bring with them. At events with fixed seating, the mask must be worn any time the participant is not seated.

cc) A safety distance of not less than 1.50 m to other persons must always be maintained. Only persons of the same household are exempted from this rule.

dd) Sufficient hand hygiene is to be ensured. The Lessor provides disinfectant dispensers.

ee) An event participant may be excluded from the event and ordered off the museum if he fails to observe the hygiene and protective measures.

ff) To enable the tracing of infections, the contact details of all event participants will be recorded, which will be stored safely and in compliance with data protection requirements in accordance with the General Data Protection Regulation, be provided to the competent public health department if necessary and be deleted or destroyed at the latest one month after the end of the event. Articles 13, 15, 18 and 20 of the General Data Protection Regulation do not apply.

12. Final provisions    

a) Should any individual provision hereof be or become void or ineffective, this shall not affect the validity of the remaining provisions of the Event Contract. 

b) These GTC shall be governed exclusively by the law of the Federal Republic of Germany. Application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of fulfilment for deliveries, service provision and payment is Potsdam. The place of jurisdiction for any disputes with merchants, legal persons under public law and special funds under public law and persons having their domicile or usual place of residence abroad is Potsdam.

c) Should these GTC be amended, these present terms and conditions shall continue to apply without change to Event Contracts already concluded.

d) The Lessor will not participate in a dispute resolution procedure before a consumer arbitration board.

Rev. Dec 8, 2022

 

All photographs and image and video files presented on our website are protected by copyright. The same goes for texts and sound recordings and the 360-degree tours of the exhibitions and the collection presented on our website.

Without our consent, none of these copyrighted materials must be published, reproduced, disseminated, made publicly accessible or otherwise be used or passed on to third parties in a way relevant to copyright, in particular not for commercial purposes. In individual cases, the consent of collecting societies and stock photo agencies etc. may have to be obtained. Therefore, please contact us if you wish to use copyrighted materials. In the case of unauthorized use, you must expect to be sued by us or other rights holders.

Rev. June 28, 2022