Terms and Conditions

Your Showdown GmbH (29.05.2024)

§ 1 Scope – Validity

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) in their current version apply to all events conducted by Your Showdown GmbH, Ringbahnstraße 32-34, 12099 Berlin, Tel.: +49 30 2000 499 22, www.yourshowdown.com, info@yourshowdown.com, represented by the authorized managing directors Maximilian Muhle and Philipp Dieckmann (hereinafter referred to as “Organizer”, “we”) and regulate the legal relationship established between the participants of the events (hereinafter referred to as “Participant” or “Customer”, “you”) and the Organizer. These GTC also apply to other services provided, especially the rental of various equipment.

(2) All declarations of a participant towards the organizer must be addressed to the address mentioned in paragraph 1.

§ 2 Conclusion of the Contract

(1) The customer has the opportunity to select and book events on the aforementioned website. For each product, the customer receives a separate product description on the respective website.

(2) Registration for events with the corresponding dates takes place either by e-mail, via the registration form on our homepage at https://yourshowdown.com/book/ or by phone. The contract is considered accepted by us when we send a confirmation email to the email address provided at the time of booking. The offers on the website are non-binding. By booking the desired date, you submit a binding offer to conclude a contract. Acceptance takes place through a confirmation email to the email address you provided, confirming the receipt of the binding booking. Each booking is binding upon the conclusion of the contract and obligates payment.

(3) A contract and thus a contractual obligation for the individual services only come into existence if the organizer confirms the customer’s booking in writing. The organizer may refuse to conclude a contract without giving reasons. If a third-party provider withdraws from the contract, the organizer is not obligated to provide the service.

§ 3 Object of Performance

(1) The service to be provided results from the respective offer.

(2) The concluded contract entitles the customer to entry and use on the valid day and during the booked validity period. Please arrive approximately 15 minutes before the start of your showdown. Late arrivals must be deducted from the showdown time.

(3) Additionally, the organizer rents out premises. After the end of the rental period, the rental object must be returned immediately, the application of § 545 BGB is excluded.

§ 4 Prices and Payment Modalities

(1) All prices are gross prices including VAT and result from the respective service description on the website. The purchase price for bookings via the website is due immediately upon ordering.

(2) The organizer issues an invoice to the customer for the ordered event, which will be sent to the customer by e-mail if the customer ordered through the website. For orders through the respective distribution partner, their payment system applies. The invoice must be paid in full before the service is provided.

(3) Online payment processing is done through our partners PayPal and Stripe. A redirection takes place accordingly. The payment term for payments via invoice is 14 days. The customer and the used payment provider are responsible for the payment processing.

§ 5 Disclaimer, Force Majeure

(1) The events take place according to the organizational instructions of the organizer.

(2) If the organizer, for reasons not attributable to the organizer, cannot conduct an event without replacement and therefore cannot provide the contractual services or not in accordance with the contract, the participant has no right to compensation against the organizer. The same applies in the event of the termination of an event for reasons not attributable to the organizer.

(3) The organizer is not liable for damages caused by slight negligence; except for damages resulting from the culpable breach of a main contractual obligation of the organizer and for culpably caused personal injuries (injuries to life, body, or health of a participant). The above limitations of liability also extend to the personal liability for damages of employees, representatives, agents, and third parties used by the organizer in connection with the execution of the event or with whom he is contractually connected for this purpose.

(4) Participation is at your own risk and responsibility. The organizer is not liable for injuries caused by other participants or third parties.

(5) The organizer is not liable for items stored by the participant in the rooms provided for the event.

(6) The organizer’s liability for gross selection fault remains unaffected.

(7) If the organizer or a third-party provider cannot provide the owed service due to force majeure (especially war, natural disasters, or failure to reach the minimum number of participants specified in the offer or illness of the instructor), it is released from its performance obligations for the duration of the impediment, which also applies to the assumption of any costs such as accommodation, travel, expenses, etc. This release also applies, particularly in the event of a weather warning from the German Weather Service or a delay due to unexpected traffic volume, such as traffic jams.

§ 6 Cancellations for Direct Bookings via the Website, Phone, or Email

(1) A cancellation up to 14 days before the showdown is free of charge if booked directly through our website, via phone, or via email as a consumer.

(2) For a cancellation between 14 and 7 days before the showdown, we will refund 75% of your payment.

(3) For a cancellation between 7 days and 48 hours before the showdown, we will refund 50% of your payment.

(4) For a cancellation less than 48 hours before the showdown, the full payment is due.

(5) Contracts for the purchase of tickets in connection with leisure events for which a specific date or period is provided are not subject to the right of withdrawal. This means that there is no right of withdrawal and return, § 312g para. 2 no. 9 BGB.

§ 7 Cancellations for Corporate Events For cancellations of events for entrepreneurs within the meaning of § 14 BGB, which were concluded by a written offer and its acceptance, the following different cancellation conditions apply:

1. A cancellation up to two months before the start of the event is free of charge.
2. Between two and one month, 50% of the invoice amount is due.
3. For a cancellation less than one month before the event, the entire invoice amount is due.
4. After accepting an offer, reductions in the number of participants are possible up to 14 days in advance free of charge.

§ 8 Underachievement of Participant Number

(1) The following regulations do not apply to events which, as described in §7, were concluded by a written offer and its acceptance.

(2) If you come with fewer persons than booked and announce this at least 7 days in advance, we will refund the difference amount in full.

(3) If you come with fewer persons than booked and announce this less than 7 days but more than 48 hours in advance, a processing fee of €19 per canceled participant will be charged.

(4) If you come with fewer persons than booked and announce this less than 48 hours in advance, the full amount per participant is due.

(5) For bookings of school classes, we have goodwill arrangements depending on the agreement. Please talk to us.

§ 9 Parking

The Your Showdown GmbH is not obliged to provide parking spaces, especially not in sufficient quantity for the visitors of the respective event.

§ 10 Access Restrictions in Case of Intoxication

To protect our guests and employees, we reserve the right to deny access to our facility to individuals showing signs of intoxication. This is to ensure a safe and pleasant environment for all present. Please note that in such cases, where access is denied, the full price for the planned stay or booked service is due. We ask for your understanding and cooperation in this matter.

§ 11 Wi-Fi Provision

(1) The tenant is not entitled to set up or operate their own wireless networks or Wi-Fi access points without approval. If these networks are operated without approval, they may be deactivated without prior notice.

(2) Tenants using the internet connection (LAN or WLAN) of the respective rental properties operated by Your Showdown GmbH or making them available to their visitors/guests are responsible for ensuring that there is no misuse, particularly through the violation of copyright, the distribution or downloading of protected or prohibited content, or visiting websites with criminally relevant content. If Your Showdown GmbH is held liable for violations by the tenant, their event visitors, guests, or other users, the PtB GmbH must be indemnified by the tenant against all financial claims, including any legal costs.

§ 12 Photography and Video Recordings at the “Your Showdown Tournament”

(1) During the “Your Showdown Tournament,” one of our special event formats, photo, film, and video recordings are made for documentation, promotion, and marketing purposes. These recordings may be published in various media (e.g., print media, websites, social media) to promote the “Your Showdown Tournament” and report on the events of the tournament.

(2) By registering and participating in the “Your Showdown Tournament,” you agree that images and audio recordings, where you may be seen or heard, may be used by Your Showdown GmbH for advertising and marketing purposes without compensation.

(3) We respect your privacy. If you do not wish to have recordings made of you during the “Your Showdown Tournament,” please inform the responsible event staff before the tournament begins.

(4) Please note that the “Your Showdown Tournament” is a public event, and we cannot guarantee that no recordings of participants will be made.

§ 13 GEMA and Artist Social Security Contributions

(1) The timely registration and payment of fees for the performance or reproduction of copyright-protected works with GEMA (Society for Musical Performing and Mechanical Reproduction Rights) or with GVL (Society for the Exploitation of Ancillary Rights mbH) are solely the responsibilities of the tenant. Before the event, Your Showdown GmbH may require the tenant to provide written proof of the event’s registration with GEMA or GVL.

(2) If the tenant is unwilling or unable to provide proof of payment of fees, Your Showdown GmbH may demand a security deposit from the tenant in the amount of the expected GEMA or GVL fees no later than 14 days before the event.

(3) The registration and proper accounting of the artist’s social security contributions are also solely the responsibilities of the tenant.

§ 14 Final Provisions

(1) German law applies exclusively to entrepreneurs, to the exclusion of the UN Sales Convention. For these parties, the court of jurisdiction is at the organizer’s place of business.

(2) Should individual provisions of this contract be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The parties will replace such provisions with valid and enforceable provisions that come as close as possible to the spirit and economic purpose as well as the will of the parties at the time of the contract’s conclusion. The same applies in the case of a contractual gap.