1. Scope of application

These terms of use apply to the registration in our reservation portal www.reservierung.ochsenbraterei.de between Ochsenbraterei Haberl OHG (hereinafter also referred to as: “Ochsenbraterei” or “we” or “us”) and guests of Ochsenbraterei (hereinafter also referred to as: “guest”, “you” or “you”). This applies in particular to the creation, use and management of a user account for the reservation of tables and/or boxes and the purchase of consumption vouchers for our marquee at the Oktoberfest, but also for all other contracts that we conclude in connection with the business operations of the reservation portal. Our reservation conditions apply to reservations. In the event of a contradiction, the reservation conditions take precedence.

2. Conclusion of contracts of use

By registering, you conclude a contract with us for the use of the reservation portal. A contract of use is concluded as follows: You submit your offer to conclude the contract of use by filling out the registration form and clicking on the button labeled “Register” (or a similarly identical label) or, in the context of a reservation of tables and/or boxes, by filling out the corresponding data fields and clicking on the button labeled “Send chargeable reservation request” (or a similarly identical label). The contract of use is accepted by us by displaying a corresponding declaration in the reservation portal or by e-mail.

3. Rights and obligations of the guest

(1) You undertake to provide your first and last name and/or company name as well as your address and all other mandatory information requested during registration truthfully and completely.

(2) All changes to the data provided during registration must be updated immediately in your user account.

(3) You are obliged to store the access data that you receive upon registration in such a way that it is not accessible to third parties. If you forget your password or if your password is used by a third party without authorization, you can receive a new password from us.

(4) Upon conclusion of the contract, you receive the non-exclusive, non-transferable and non-sublicensable right to use the reservation portal via your user account to reserve tables and/or boxes in the Ochsenbraterei marquee at the Oktoberfest or to purchase consumption vouchers, to view and manage your reservations.

4. Remuneration and contract term

(1) Registration is free of charge.

(2) These Terms of Use are concluded for an indefinite period and may be terminated at any time by either party at least in text form (e.g. by e-mail).

(3) The right to terminate for good cause remains unaffected by the above rules.

5. Limitation of liability

(1) The Ochsenbraterei shall only be liable within the scope of these Terms of Use for damages (a) which the Ochsenbraterei or its legal representatives or vicarious agents have caused intentionally or through gross negligence or (b) which have resulted from injury to life, limb or health due to a breach of duty by the Ochsenbraterei or one of its legal representatives or vicarious agents. The Ochsenbraterei shall also be liable (c) if the damage was caused by the breach of an obligation of the Ochsenbraterei, the fulfillment of which is essential for the proper execution of this agreement and on the observance of which the guest regularly relies and may rely (cardinal obligation).

(2) In the cases of paragraph 1, letters (a) and (b), the Ochsenbraterei’s liability shall be unlimited in amount. Otherwise, the claim for damages shall be limited to the foreseeable damage typical for the contract. The maximum foreseeable damage between the parties shall be EUR 1,000 per claim. If you are threatened with damage that may exceed this amount, you are obliged to inform us of this immediately, at the latest 7 days after conclusion of the contract.

(3) In cases other than those mentioned in paragraph 1, the liability of Ochsenbraterei is excluded regardless of the legal grounds.

(4) The liability regulations in the above paragraphs also apply to the personal liability of the organs, employees and vicarious agents of the Ochsenbraterei.

(5) Insofar as liability under the Product Liability Act from the assumption of a guarantee or due to fraudulent misrepresentation comes into consideration, it remains unaffected by the above liability regulations.

6. Final provisions

(1) The law of the Federal Republic of Germany shall apply to all legal relationships between us and you, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this does not result in a consumer being deprived of the protection afforded to him by those provisions which may not be derogated from by agreement under the law which would be applicable in the absence of a choice of law.

(2) If you are a merchant, the courts in Munich shall have jurisdiction over all disputes arising from or in connection with these Terms of Use (including those concerning their validity).

(3) Contracts can be concluded with us in German. The Terms of Use applicable to you will be sent to you once upon conclusion of the contract or made available for download prior to conclusion of the contract. Otherwise, we do not store the contract texts.

(4) We do not accept deviating, conflicting or supplementary General Terms and Conditions. This also applies if we do not expressly object to their inclusion.

(5) Amendments and supplements to these Terms of Use and a waiver of a right under these Terms of Use must be made in writing or text form to be effective. This also applies to any amendment to this written or text form requirement.

(6) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(7) Should any provision of these Terms of Use be invalid or unenforceable in whole or in part or lose its validity or enforceability at a later date or should a loophole be discovered, this shall not affect the validity of the remaining provisions