STANDARD TERMS OF BUSINESS (Internet)
The seL4 Foundation (hereinafter the “Promoter” organizes and promotes the event offered. The Promoter has asked HENSOLDT Cyber GmbH to organize the event and the sale of tickets. The tickets are sold to the ticket holder (hereinafter the “Customer”) by the Promoter basedon an exclusive contractual relationship between the Promoter and the Customer, without the involvement of HENSOLDT Cyber GmbH. The Promoter’s own Standard Terms of Business possibly apply to this legal relationship. HENSOLDT Cyber GmbH organizes the ticket sale on the order of the Promoter and engages as a service provider the technology platform Hopin (Hopin Ltd. ( https://hopin.com/about), who handles the ticket purchase and distribution process.
- Area of application
- The following Standard Terms of Business apply exclusively in relation to HENSOLDT Cyber GmbH for all contracts and orders issued for the supply of tickets.
- Conclusion of the contract, cancellation, postponement, substitution policy
- The offer to conclude a contract comes from the customer as soon as he/she clicks the field “buy”. The contract between the customer and the respective contractual partner (PROMOTER) is not concluded until the transaction number is issued and sent by HENSOLDT Cyber GmbH (“Ticketing Company”) to the customer.
- Commercial resale of tickets is not permitted. Non-commercial resale of tickets is only permitted provided that the resale price is not higher than the face value plus demonstrated fees paid in the course of purchase (e.g. shipping and handling fees), but at a maximum amount of 25% of the face value. In case of violation of the aforementioned conditions the respective promoter is entitled to deny access to the event without any replacement of or reimbursement for the ticket whatsoever.
- You may substitute delegates at any time by providing reasonable advance notice (latest 5 working days prior to the event) to HENSOLDT Cyber GmbH.
- HENSOLDT Cyber GmbH is entitled on behalf of the Promoter to cancel a customer’s order for which a transaction number has already been issued (unilateral right of cancellation) if the customer violates specific conditions set by the Promoter or by HENSOLDT Cyber GmbH, to which reference was made prior to the sale. The same is true for attempts to circumvent such conditions (e.g. violation of the limited number of tickets per customer, violation of documentary conditions, particularly against a ban on reselling, attempts to circumvent this by registering and using several user profiles, etc.), or if the Promoter has unpaid receivables vis a vis the customer. Without written consent of the Promoter of an event the use of tickets for commercial advertising or marketing purposes (e.g. for competition winning or other commercial purposes) is not permitted, neither is a commercial resale of tickets in the access area of venues governed by the property right of the promoter. Cancellation/withdrawal can also be tacitly declared through the crediting of the amounts paid.
- § 346 ff. German Civil Code (BGB), excluding § 350 German Civil Code (BGB) shall apply to the right of cancellation stated above.
- In case of a postponement of an event the respective Promoter as well as HENSOLDT Cyber GMH on the Promoter’s behalf is entitled to declare tickets valid for the postponed event date for such event. Return of tickets to the promoter or a reverse of the ticket purchase due to such postponement is not possible, except for cases where the customer demonstrates that attendance of the event at the postponed event date is beyond reason for him/her. This paragraph shall not apply if the promoter of an event is to be held responsible for a postponement of the event.
- In the event that the Promoter’s General Terms and Conditions contains contradictory provisions to HENSOLDT Cyber’s General Terms and Conditions, the General Terms and Conditions of HENSOLDT Cyber shall prevail over the specific terms and conditions of the promoter.
- Please note that while speakers and topics were confirmed at the time of publishing, circumstances beyond the control of the promoter may necessitate substitutions, alterations or cancellations of the speakers and/or topics. As such, the promoter reserves the right to alter or modify the advertised speakers and/or topics if necessary without any liability to you whatsoever. Any substitutions or alterations will be updated on the web page as soon as possible.
III. Price components and methods of payment
- Ticket prices issued by the Promoter can exceed prices printed on the tickets. Depending on the event and the ordering method, payments may be made by credit card (Visa, American Express or Mastercard/Eurocard). VAT is included in the price. The total price for the order, including all fees, is due for payment immediately the contract is concluded if the method of payment is by credit card.
- When orders for ticket to the Promoter are submitted online, service and shipping costs are charged that may vary according to event. These fees (if applicable) are displayed to customers in the shopping cart when ordering; no further, undisplayed costs are incurred.
- As the payment of the tickets is made trough the service platform “Hopin”, additional conditions may apply.
- Depending on the amount and calculation result, an authentication of the payment transaction e.g. via TAN or app may be required.
- Right to cancel, specimen cancellation form
Consumers do not have a general right to cancel, and any right of consumers to cancel may lapse prematurely in the case of the following contracts:
Contracts for the provision of accommodation besides for residential purposes or services relating to leisure activities, where the contract provides for a specific date or period (Section 312g (2) Sentence 1 No. 9 BGB [German Civil Code]). That means that there is no right to cancel in cases where HENSOLDT Cyber GmbH offers services in the field of leisure activities, in particular admission tickets for events. Any order for tickets is therefore binding on the consumer once the order has been confirmed on behalf of the Promoter by HENSOLDT Cyber GmbH in accordance with Section II. 1 above, which means that the consumer has an obligation to accept and pay for the tickets ordered.
For all other contracts concluded with consumers the following applies:
Information on cancellation rights
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, Tel: +49 89 51518 0, E-Mail: email@example.com, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the declaration of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this Agreement, we are obligated to reimburse you for all payments we have received from you, including delivery charges (except for additional costs resulting from the fact that you have chosen a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have dispatched the goods, whichever is the earlier.
You must dispatch or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the withdrawal from this contract. This deadline shall be deemed to be met if you dispatch the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is caused by handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
Consequences of cancellation
If you cancel this contract, we have to immediately refund to you any payments we have received from you, including delivery charges (except for the additional costs resulting from your choosing a different form of delivery than the standard, most favourable form offered by us), by no later than fourteen days after the day on which we receive notification of your cancelling this contract. To make the refund, we use the same means of payment as you used for the original transaction, unless explicitly agreed otherwise with you; you will not be charged anything for the refund. We may refuse to pay the refund until the goods have been returned to us or until you have provided proof that you sent the goods back, whichever is the earlier.
You must return or hand over the goods to us without delay, in any case no later than fourteen days after the day on which you notified us of your cancelling the contract. The latter deadline has been met if you dispatch the goods before the 14-day period has expired. The direct costs for returning the goods must be borne by you. You do not have to pay for any loss in the value of the goods unless such loss in value is due to your handling the goods in a manner other than is necessary to inspect the condition, properties and functioning of the goods.
Model withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back)
– To HENSOLDT Cyber GmbH, Willi-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany, e-mail address: firstname.lastname@example.org
– I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () /the provision of the following service ()
– Ordered on () /received on ()
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of communication on paper)
(*) Delete if not applicable.
End of information on the right to withdrawal and model withdrawal form
- Retention of title; set-off; right of retention when purchasing on invoice
- If the customer is a consumer, Promoter shall retain legal ownership of the purchased item until the invoice amount has been paid in full. If the tickets are personalised, the rights vested by the ticket are transferred to the customer on condition that the invoice amount is paid in full. The respective security interests are transferrable to third parties.
- If the customer is a businessperson engaged in commercial or self-employed activity, or a legal entity under public law, or a public-law corporation, Promoter retains legal ownership of the purchased item until all outstanding debts in the business relationship with the customer have been settled. If tickets are personalised, the rights vested by the ticket are transferred to the customer on condition that all outstanding debts in the business relationship with the customer have been settled. The respective security interests are transferrable to third parties.
- The customer has no right of set-off unless the customer’s counter-claims are established by a final court decision, or are undisputed or acknowledged by HENSOLDT Cyber GmbH or the Promoter respectively. Furthermore, the customer has a right of set-off only to the extent that the customer’s counter-claim derives from the same contractual relationship.
- If the customer is in default on any payments owed to the Promoter , all outstanding receivables shall become due immediately.
- Liability limitations, exclusion of withdrawal in the case of particular breaches of duty
- HENSOLDT Cyber GmbH is unrestrictedly liable in all cases in accordance with the Product Liability Act for damages caused intentionally or through gross negligence, in the case of malicious concealment of defects, and for damages resulting from injury to life or health and physical injury. Liability for damages from breach of warranty is unlimited.
- In the case of a breach of significant contractual obligations (so-called cardinal obligations) that are only based on simple negligence, HENSOLDT Cyber GmbH shall be liable limited to compensation for foreseeable losses typical for this type of contract.
- Apart from the cases stated in paragraphs 1 and 2, HENSOLDT Cyber GmbH shall not be liable for losses caused by simple negligence.
- The customer’s right to free him/herself from the contract due to a breach of obligation for which the promoter or HENSOLDT Cyber GmbH is not responsible and in which the goods are not at fault is ruled out.
- If the liability of HENSOLDT Cyber GmbH is ruled out or limited under the paragraphs above, this also applies to the liability of their agents and assistants.
VII. Final provisions
- The laws of the Federal Republic of Germany apply exclusively. Regardless of the above provision on choice of governing law, consumers who are normally resident in a country other than the Federal Republic of Germany may always invoke the laws of the state in which they are resident.
- The sole place of fulfilment for delivery, performance and payment is Munich if the customer is an entrepreneur in the sense of § 14 German Civil Code.
- If the customer is a merchant, then the exclusive (and international) court of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship is Munich. In the case of cross-border contracts, this also applies for non-merchants. HENSOLDT Cyber GmbH reserves the right to call on any other internationally responsible court.
- As from 15 February 2016 the European Commission provides herean European Online Dispute Resolution platform. Our email address is email@example.com.
- HENSOLDT Cyber GmbH does neither commit itself nor is obliged to use alternative dispute resolution entities to resolve disputes with consumers.