General Terms and Conditions
1. Area of Application
1.1
The General Terms and Conditions set out below apply to the services provided by the website of Kunstmuseum Basel at the Internet address www.vangogh.ch in connection with the special exhibition “Vincent van Gogh – Between Earth and Heaven: The Landscapes” which will take place at the Kunstmuseum Basel between 26 April and 27 September 2009.
1.2
If certain terms only apply to specific types of services, this will be made explicit in each case.
2. Contracting Parties
2.1
The contracting party of the user of these General Terms and Conditions shall hereinafter be referred to as the “client”.
2.2
For the purpose of booking guided exhibition tours and purchasing admission tickets, the user of these General Terms and Conditions and hence the contracting party of the client is Kunstmuseum Basel, St. Alban-Graben 8, 4010 Basel – hereinafter referred to as “KM”.
3. Exclusion Clause
Client terms and conditions which deviate from or contradict these provisions shall only be regarded as contract terms, if they have been confirmed by KM in writing.
4. Contract Conclusion
For online bookings and / or online purchases, the client submits his offer for concluding the contract with the completion of his order, i.e. by clicking the “Complete Booking” field (or an equivalent field) and by accepting these General Terms and Conditions. E-mail notification by the user to the client shall be deemed acceptance of this offer. The booking and / or order thereby becomes binding.
5. Prices and Payment
5.1
Following contract conclusion, the client shall make an advance payment by credit card issued by VISA or MasterCard, the actual debit transaction being made by SIX Multipay AG, Zurich.
5.2
KM reserves the right to withhold the services as long as payment by the client has not been made as stipulated in the contract and / or the payment has not been irrevocably approved by the bank or credit card company.
6. Dispatch and Delivery
6.1
The client shall bear the risk for postal delivery of tickets which shall be sent to the shipping address stated. The risk of accidental perishing and deterioration is passed to the client with handover to the delivery company. Lost deliveries shall not be replaced.
6.2
The usual delivery times are currently a minimum of 4 working for addresses within Switzerland and at least 6 working days for addresses abroad.
6.3
No liability is assumed for direct or indirect damage resulting from delayed delivery. This provision does not apply, if KM or one of its vicarious agents are responsible for deliberate or gross negligence or if a specific delivery period was guaranteed.
7. Guided Museum Tours
7.1
Public guided tours
A maximum of 25 persons may participate in a public guided tour. KM shall select a suitable guide. The registration periods and tour conditions stated when the contract was concluded shall apply.
7.2
Private group tours
For private group tours, participation is limited to a maximum of 25 persons per booked tour. Once the invoiced amount has been paid and the booking has been confirmed, a KM guide (information provider) will take private groups through the museum. KM shall select a suitable guide. The registration periods and tour conditions stated when the contract was concluded shall apply.
8. Cancellation of Guided Tours and Tickets
8.1
Due to the assignment of tickets to specific time slots, tickets cannot be cancelled. Nor is it possible to get a refund for the entrance fee paid. Ticket holders are not entitled to immediate admission outside of the agreed time slot. Instead, admission may be granted at the next free time slot. KM assumes no liability if ticket holders fail to visit at the allocated time due to force majeure and similar circumstances. For reasons of security and conservation, KM reserves the right to organise admission to the exhibition independently of time slot tickets.
8.2
For a processing fee of CHF 50.00, private group tours may be cancelled or rebooked up to 14 working days in advance. In the case of cancellations, the amount paid will be reimbursed minus the processing fee. Visits can be cancelled either by contacting the KM call centre for private group tours on 0848200800 or by sending an e-mail to fuehrungen@vangogh.ch.
In case of cancellation after the above-mentioned period or failure to appear at the allocated time, no reimbursement shall be made. The time of receipt of the cancellation by the call centre for private group tours shall be the key criterion used to determine whether or not the required period was observed. The client shall be responsible for providing proof to this effect.
8.3
Cancellations can only be made for the entire tour; in case of reduced participant numbers, the agreed admission fee shall be charged.
8.4
KM assumes no liability if a tour cannot take place as a result of force majeure and similar events. Clients are not entitled to a reduction of the admission fee if KM reschedules the guided tour time by up to 30 minutes.
9. Compensation for Damages
9.1
KM assumes no liability whatsoever for damages incurred by the client in making use of the services mentioned here (this notably includes visiting the exhibition locations, booking and participation in guided tours and events).
9.2
This limitation of liability does not apply:
a) to damages resulting from injury to life, body or health which are caused by negligent breach of duty on the part of the users or deliberate or negligent breach of duty on the part of a vicarious agent.
b) in case of other damages which are caused by grossly negligent breach of duty on the part of the users or deliberate or grossly negligent breach of duty on the part of a vicarious agent.
10. Data Protection
Personal client data is processed in compliance with the legal data protection regulations applicable to this contract. Personal data is collected, processed and used as part of an automated process to the extent required for the purposes of the contractual relations. To the extent necessary to fulfil the contracts concluded, the client authorises transmission of this data to third parties involved in the execution of the contract.
11. Final Provisions
Only Swiss law shall apply. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Subsidiary agreements and changes to the contract must be made in writing. The requirement for such agreements and changes to be in writing cannot be abrogated on the basis of verbal agreements.
If one of the provisions of this contract proves to be or becomes invalid, either in whole or in part, this shall not affect the validity of the remaining clauses. By way of adjustment, the invalid clause shall be replaced by another suitable clause which most closely reflects the economic intentions of the parties to the agreement or which they would have intended had they been aware of the invalidity of the provision.
We reserve the right to change and adjust the General Terms and Conditions if required. In that case, the changes shall apply only to subsequently concluded agreements.
The place of jurisdiction is Basel.
Basel, 7 November 2008
