1. Scope of Application

These Terms of Use apply to the registration in our reservation portal www.reservierung.ochsenbraterei.de between the Ochsenbraterei Haberl OHG (hereinafter also: “Ochsenbraterei” or “we” or “us”) and guests of the Ochsenbraterei (hereinafter also: “guest” or “you”). This applies in particular to the creation, use and administration of a user account for the reservation of tables and/or boxes as well as the purchase of consumption vouchers for our marquee at the Oktoberfest, but also to all other contracts which we conclude in connection with the operation 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 registration, you enter into a contract with us for the use of the reservation portal. A contract of use is concluded as follows: You make your offer to conclude the contract of use by filling in the registration form and clicking on the button with the inscription “register” (or a similar inscription) or, in the context of a reservation of tables and/or boxes, by filling in the corresponding data fields and clicking on the button with the inscription “send paid reservation request” (or a similar inscription). The contract of use is accepted by us by displaying a corresponding statement in the reservation portal or by e-mail.

3. Rights and Obligations of the Guest

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

(2) All changes that affect the data provided during registration must be immediately adjusted by you in the user account.

(3) You are obligated to store the access data that you receive with registration in such a way that it is not accessible to third parties. If you forget your password or your password is used by a third party without authorization, you can obtain 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 by means of your user account in order to reserve tables and/or boxes in the marquee of the Ochsenbraterei at the Oktoberfest or to purchase consumption vouchers, and to view and manage your reservations.

4. Remuneration and Contract Period

(1) The registration is free of charge.

(2) These Terms of Use are concluded for an indefinite period of time 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 cause remains unaffected by the above rules.

5. Limitation of Liability

(1) The Ochsenbraterei is liable within the scope of these Terms of Use in principle only for damages (a) which the Ochsenbraterei or its legal representatives or vicarious agents have caused intentionally or through gross negligence or (b) which have arisen from injury to life, body or health through a breach of duty by the Ochsenbraterei or one of its legal representatives or vicarious agents. Furthermore, the Ochsenbraterei is liable (c) if the damage was caused by a breach of an obligation of the Ochsenbraterei, the fulfillment of which makes the proper execution of this agreement possible in the first place and on the observance of which you regularly rely and may rely (cardinal obligation).

(2) The Ochsenbraterei is liable in the cases of paragraph 1, letters (a) and (b) unlimited in amount. In all other cases, the claim for damages shall be limited to the damage foreseeable and typical for this type of contract. Between the parties, a damage maximum of 1000 EUR per damage case is considered foreseeable and typical for this type of contract. If you are at risk for a 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 the Ochsenbraterei is excluded regardless of the legal basis.

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

(5) As far as a liability according to the Product Liability Law 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) All legal relations between you and us shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not result in a consumer being deprived of the protection afforded to him by those provisions which, under the law which would be applicable in the absence of a choice of law, may not be derogated from by agreement.

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

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

(4) We do not accept any deviating, conflicting or supplementary general terms and conditions. This shall also apply if we do not expressly object to their inclusion.

(5) Amendments and supplements to these Terms of Use as well as a waiver of a right arising from these Terms of Use must be made in writing or text form in order to be effective.

(6) We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.

(7) If any provision of these Terms of Use is invalid or unenforceable in whole or in part, or subsequently loses its validity or enforceability, or if a loophole becomes apparent, this shall not affect the validity of the remaining provisions.

(8) This agreement is available in German and English. In the event of any conflicts between the two language versions, the German version shall prevail over the English version.

(status: June 2023)