General Terms and Conditions (GTC) for experimenta gGmbH Lab Programs

1. General – Definitions of terms

1.1 The following General Terms and Conditions (hereinafter referred to as GTC) apply between experimenta and the contracting party for all lab programs defined under clause 1.4 at experimenta Science Center and experimenta gGmbH, Experimenta-Platz, 74072 Heilbronn, Germany (hereinafter referred to as experimenta).

1.2 The following GTC apply exclusively. Terms and conditions of the contracting party that contradict or deviate from these GTC shall not be recognized unless experimenta expressly agrees to their validity in writing or in text form or the parties to the contract agree otherwise.

1.3 Contracting party within the meaning of the GTC is solely the registered natural person who submits the offer to conclude the contract of participation pursuant to clause 2.2.

1.4 Lab programs are all recreational and educational offerings for kindergarten groups, school classes, and/or groups from other education initiatives, such as specifically lab courses that take place at experimenta (including the MS experimenta) or one of the other experimenta off-campus learning centers (such as e.g. at the Heilbronn University of Applied Sciences), including possible visits to experimenta and/or Science Dome exhibition areas. The programs are designed to last several hours, all-day, or several days.

1.5 Attendees of the lab programs are exclusively stated as their number, not by name, and the accompanying persons and chaperones given at the time of the experimenta booking. experimenta defines a maximum number of attendees for the lab programs in advance which may not be exceeded.

1.6 Registration is made (as part of the registration process) on our website by registering the group under the name of one registered person stating the address and email address and/or phone number for contact purposes. The data requested during registration must be complete and correct. If the data provided changes after registration, the registered person is obligated to update the information in their account immediately.

1.7 The concepts and wording used in these GTC are gender-neutral.

 

2. Conclusion of a contract regarding the participation in lab programs (contract of participation)

2.1 A lab program described on the experimenta website or in a flyer does not constitute a binding offer on the part of experimenta, but serves as the basis for submission of a binding offer for the conclusion of a contract of participation by the contracting party.

2.2 The contracting party may submit the offer to conclude a contract of participation using the online booking form available on the experimenta website. The contracting party can complete the form on our website. Once the contracting party has entered the order data (specifically, the number of participants) on the form, the contracting party enters into a legally binding contract for the selected lab program(s) by clicking the button “Confirm payment and submit order” at the end of the booking process.

The contracting party’s offer to conclude the contract of participation may only be submitted by said contracting party after accepting these GTC as part of the contract of participation and confirming said acceptance by clicking the corresponding button prior to clicking the button “Confirm payment and submit order” to finalize the booking process.

This is the only way to complete the booking process.

2.3 experimenta can accept the contracting party’s offer pursuant to clause 2.2

– by sending the contracting party a confirmation of order in text form (fax or email) within 7 calendar days of receipt of the offer, wherein in this respect the receipt of confirmation of order by the contracting party is decisive, or

– by requesting payment from the contracting party after said party’s offer to conclude a contract of participation has been submitted.

If experimenta does not accept the contracting party’s offer within 7 calendar days, this shall be deemed rejection of the offer with the consequence that the contracting party is no longer bound to the declaration of intent.

2.4 Prior to submitting the binding offer through the online booking form, the contracting party can continuously amend all entries using the standard keyboard and mouse functions. Prior to clicking the button “Confirm payment and submit order”, the contracting party also has the option of deleting entries as well as the option to cancel the entire booking process.

2.5 The contract is concluded in German.

2.6 The booking process and contacting generally are made by email and the automatic booking process. The contracting party shall ensure that the email address used for the booking process is correct so that emails sent by experimenta to said address can be received. The contracting party shall in particular ensure when using SPAM filters that all emails can be delivered that are sent by experimenta or third parties commissioned with the booking process by experimenta.

2.7 The contracting party has the option of booking via their user account. For more information about user accounts, see the experimenta privacy policy.

 

3. Participants – Admission tickets – House rules

3.1 The maximum number of participants stipulated in the course description may not be exceeded. The contracting party shall inform experimenta of the number of participants for the lab programs with the offer to conclude the contract of participation. Only the stated number of participants are entitled to take part in the booked lab programs, provided this number does not exceed the maximum number of participants.

Changes in the number of participants require the prior consent of experimenta. experimenta may not refuse consent without substantive reason. The contracting party shall bear any additional costs arising herefrom.

3.2 experimenta is entitled to issue participant tickets or wristbands. In this case, participants are obligated to keep the participant ticket or the participant wristband with them constantly and at all times for the duration of the lab programs and to present the ticket/ wristband at request the request of experimenta or one of experimenta’s agents or representatives. If a participant refuses to produce the ticket or wristband, experimenta can prohibit the participant from attending lab programs without a claim arising for reimbursement of payment already made.

3.3 Any valid house rules are always to be complied with. The contracting party – to the extent that it can be reasonably expected – is responsible for participants’ compliance with the house rules.

 

4. Payment for participation in the lab program – Terms of payment

4.1 Participation in the lab programs is subject to a fee. The current fees given on the online booking form apply. All fees include the statutory value-added tax.

4.2 The experimenta is entitled to the fee stated in the online booking form, at the least, however, regardless of the number of participants, experimenta is entitled to payment of the minimum amount stated on the form for all of the participants.

4.3 Advance performance by the contracting party is required.

4.4 Admission tickets can also be purchased at the experimenta ticket desk (Girocard accepted) as an alternative to booking online.

4.5 Payment options are posted for the contracting party in the experimenta online shop. The available experimenta payment options are currently:

When payment is made using the SEPA direct debit scheme through GiroSolution, payments are processed through the payment service provider GiroSolution GmbH, Hauptstrasse 27, 88699 Frickingen, Germany. The company is active in cashless payment transactions, primarily in the area of e-commerce. Using an interface to the “GiroCheckout” system, GiroSolution GmbH provides the link on the system side to the SEPA direct debit scheme for experimenta.

In the payment process (“GiroCheckout”), all data relevant for the transaction are sent for processing on the PSP (payment service provider) platform via a secure internet connection. GiroSolution records the details of the payment action via the HTTPS connection, coordinates the details with the PSP platform and returns the results of the payment process to the online shop via a secure connection.

When payment is made using one of the types of payment offered by PayPal, payments are processed through the payment service PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as PayPal) under the PayPal terms and conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the contracting party does not have a PayPal account – under the terms and conditions of payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

When payment is made by credit card, the following applies: experimenta only accepts credit cards from MasterCard and Visa. The contracting party’s credit card will be debited immediately after the booking has been concluded. If experimenta is obligated to refund payment pursuant to these Terms, the amount will be credited to the contracting party. The contracting party’s credit card information is transferred using an encrypted SSL process. Additional security when paying with a credit card: Verified by VISA and MasterCard Secure Code provide very safe credit card transactions on the internet using special encryption methods. The contracting party does not need any additional software to use this payment option. Both previously registered as well as non-registered contracting parties are automatically forwarded to the page of the contracting party’s bank. To complete the payment transaction successfully, the contracting party must follow the steps posted on the page.

4.6 The terms and conditions of use for experimenta gGmbH prepaid cards apply for payment using prepaid cards.

4.7 After paying successfully, the contracting party receives a voucher by email that is sent to the email address specified which can be used to pick up the admission ticket(s) at the experimenta ticket desk.

 

5. Start, end and location of the lab programs

5.1 The start and end times of the lab program can be found on the respective online booking form.

5.2 The place where the lab programs are held can also be found on the respective online booking form.

 

6. Delivery, changes and cancellation of the lab programs

6.1 The contracting party has no right to demand that lab programs be delivered by certain course leaders or lecturers/ instructors.

6.2 experimenta has the right to change the place and time of lab programs (see clause 5.) where an important reason exists subject to due consideration of the contracting party’s legitimate interests. The contracting party shall be informed of said changes in time, at the latest, however, 14 calendar days prior to the start of the respective lab programs. If this notice period cannot be complied with, the contracting party has the right to cancel the contract of participation free of charge and demand experimenta reimburse any fees already paid.

6.3 Lab programs can be cancelled without notice for an important reason, e.g. the unavailability or illness of a course leader, lecturer/instructor, due to unavailability of facilities or lack of functional resources or equipment necessary to conduct the lab programs or due to force majeure. Cancellation may be made in writing.

In all cases of cancellation for important reason, experimenta shall inform the contracting party as soon as possible. If lab programs have to be cancelled in exceptional cases, experimenta shall reimburse the contracting party immediately any fees already paid insofar as the lab program has not yet been conducted (pro rata temporis).

 

7. No supervisory duties – House Rules and Instructions

7.1 experimenta is not responsible for supervising participants for the duration of the lab programs; supervision is solely the responsibility of the accompanying persons and chaperones.

7.2 experimenta has the right to ban anyone from the premises specifically from experimenta and from MS experimenta. This right may also be exercised by a security service commissioned by experimenta. Express reference is made to clause 8.1 of these GTC.

7.3 The instructions and directions of experimenta, experimenta staff or a member of the security service commissioned by experimenta are to be complied with immediately.

 

8. Cancellation for cause – Cancellation – Lump sum compensation

8.1 experimenta may terminate the contract of participation without observing a period of notice for an important reason. Such an important reason exists if experimenta, taking into consideration all circumstances of the individual case and after considering the mutual interests, cannot reasonably be expected to continue the contractual relationship until the agreed ending of the lab programs or until expiration of a period of notice.

An important reason in the following cases is specifically:

– conduct of participants or a participant that adversely affects the group during the lab programs despite previous warning and threat of termination by experimenta or by the course leader/instructor, specifically disruption with noises or sounds of any attempt to share information or carry out the event or by behaving in a manner that is disruptive or annoying or repeated refusal to comply with the instructions and directions issued by experimenta or experimenta course leaders/instructors, or

 – serious defamation of all kinds expressed to other participants or staff, employees and other commissioned personnel or experimenta agents by the contracting party or the participant regarding the course leader/ instructor, or

– discrimination by reason of personal attributes (age, sex, skin color, ethnic origin or religion, etc.) by the contracting party or participant, or

– misuse of the lab programs by the contracting party or the participant for political or ideological purposes or for agitation of any kind,

– in the event of serious violations of the house rules by the contracting party or the participants.

Instead of said cancellation, experimenta may exclude the respective participants also from one or several units of the Lab Program.

8.2 In the event of cancellation or exclusion pursuant to clause 8.1, the contracting party is still obligated to pay the agreed fee.

8.3 The contracting party may cancel the contract of participation up until 7 calendar days before the lab program is scheduled to begin. Said cancellation is free of charge. experimenta will refund any fee already paid.

50% of the fee agreed in the contract of participation will be retained as lump-sum compensation if cancellation is made less than seven days ahead of the contracted date. The lump-sum compensation does not apply if the contracting party can prove that no or only limited damage occurred. The date that is decisive for the contracting party’s cancellation is the point in time the declaration was received by experimenta.

8.4 The text form is acceptable for any termination or cancellation of the contract of participation by the parties.

 

9. experimenta’s liability

9.1 Claims of the contracting party to compensation for damages are excluded. Exceptions hereto are claims for damages lodged by the contracting party due to damage to life, limb, health or breach of material contractual obligations (cardinal obligations) as well as liability for any other damage due to willful or grossly negligent breach of duty on the part of experimenta, its legal representatives or vicarious agents. Essential contractual duties are said duties which must be fulfilled to achieve the aim of the contract.

9.2 In the event of a breach of material contractual obligations, experimenta is liable only for the damages foreseeable and typical under this type of contract if said damages were caused by simple negligence, unless the contracting party’s claims for damages stem from damage to life, limb or health.

9.3 All exclusions of liability and limitations of liability of clause 9 also apply in favor of experimenta’s legal representatives and vicarious agents if claims are asserted against said individuals directly.

 

10. Special obligations of the contracting party in the cases of accident, theft, damage, etc.

10.1 Following an accident involving participants or third parties, in particular personal injuries, theft or other cases of damage during the lab programs, the contracting party is obligated to inform experimenta immediately in writing or in text form of all known details related to the respective event which lead to the damage, harm, theft, etc.

10.2 The contracting party shall take all reasonable measures that are useful and helpful to clarify the course of events within the meaning of clause 10.1.

10.3 In the event of an incident, the contracting party is obligated to ensure that all measures required to minimize damage and preserve evidence are taken.

10.4 In the event of an incident, the contracting party is obligated to support experimenta and, as applicable, the insurer, and to provide information necessary to clear up the claim and to assess the damage and situation.

 

11. Data protection clause

11.1 experimenta is the data controller within the meaning of data protection law. Personal data of the contracting party and the participants of the lab programs are solely processed for the purpose of performance and fulfillment of contract by experimenta (pursuant to Article 6(1) sentence 1 letter b of the General Data Protection Regulation in the version dated 27 April 2016).

Transmission to third parties only takes place to the extent that said transmission is required for performance and fulfillment of contract or experimenta is legally obligated hereto. Any further use is subject to the legal permission or consent of the contracting party.

11.2 experimenta shall neither use the contracting party’s personal data for advertising or marketing purposes nor for opinion research.

 

12. Final terms – Applicable law

12.1 Changes of this agreement must be made in writing to be valid. Revocation of the requirement of the written form must also be made in writing. The legal precedence of the individual – also oral – agreement is not affected pursuant to Section 305b of the German Civil Code (BGB).

12.2 If the contracting party is a merchant, a legal entity under public law or special fund under public law, the court responsible for the offices of experimenta gGmbH in 74072 Heilbronn has sole jurisdiction for all disputes arising from the contract related to the visit to experimenta.

12.3 The laws of the Federal Republic of Germany apply. This choice of law shall only apply in the respect that no mandatory applicable consumer protection regulations of the country in which the consumer voluntarily resides at the time the contract on the experimenta visit is concluded are thereby withdrawn.

12.4 Information about online dispute resolution: The European Commission has an online dispute resolution platform on the internet (ODR platform). The ODR platform is meant to serve as the point of contact for the solving of disputes outside of a court of law regarding contractual obligations arising from online purchase agreements or online service contracts. The ODR platform can be reached at the following link: http://ec.europa.eu/consumers/odr

experimenta gGmbH is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12.5 Our InfoService can answer any questions you might have. Call: 07131 / 887950 or write an email: info@experimenta.science

Heilbronn, 29 July 2021
experimenta gGmbH