Terms of Service
Last Update: 28.09.2026
Terms and Conditions of Passionsspiele Oberammergau Vertriebs GmbH & Co. KG for
Contracts with Resellers and Tour Operators for All Service Deliveries
Preamble: These Terms and Conditions relate to the Passion Play 2030, which will take place in Oberammergau from 18 May to 6 October 2030.
The Municipal Cultural Enterprise of the Municipality of Oberammergau (hereinafter referred to as "EBK") has exclusively appointed Passionsspiele Oberammergau Vertriebs GmbH & Co. KG, Ludwig-Thoma-Str. 10, 82487 Oberammergau (hereinafter referred to as "POV"), as follows:
On the one hand, POV shall exclusively assemble and offer service arrangements consisting of accommodation, catering and transfer services (hereinafter referred to as "Arrangement Services") for the Passion Play 2030. POV always provides these Arrangement Services in its own name, under its own responsibility and for its own account.
On the other hand, all admission tickets for the Passion Play 2030, together with admission tickets to the Local Heritage Museum and a programme/text booklet (hereinafter collectively referred to together with the admission tickets as "Ticket Services"), shall be distributed exclusively by POV as the exclusive intermediary of EBK. In this respect, POV acts in the name and on behalf of EBK. Ticket Services, and in particular admission tickets for the Passion Play 2030, may therefore only be obtained through POV acting as the exclusive intermediary of EBK.
Within the scope of its agency appointment regarding Ticket Services, POV is not authorised to arrange for commercial traders to acquire stand-alone admission tickets or Ticket Services for the Passion Play 2030 for the purpose of resale.
Rather, the distribution by POV of EBK Ticket Services to commercial traders for resale purposes shall, as a rule, only take place as part of a service package consisting of POV's own Arrangement Services combined with Ticket Services arranged by EBK (hereinafter also referred to as a "Service Package"). Consequently, commercial traders may obtain admission tickets and Ticket Services of EBK for resale purposes only as part of a Service Package, i.e. only in combination with Arrangement Services provided by POV. Accordingly, only tour operators and tourism resellers are eligible to purchase Service Packages.
Different arrangements shall apply only where objectively justified for specific reasons and expressly agreed in writing on an exceptional basis.
Commercial traders, including tourism resellers and tour operators, are also not permitted to cancel individual components of a booked Service Package consisting of Arrangement Services and Ticket Services in isolation. This applies irrespective of whether the cancellation concerns Arrangement Services, Ticket Services, or individual elements thereof. Cancellation of any individual component booked through POV as part of a Service Package shall automatically result in cancellation of all other components of the relevant Service Package, so that only the complete Service Package consisting of Arrangement Services and Ticket Services may be cancelled as a whole (the "all-or-nothing principle").
This bundling arrangement serves to ensure the orderly and secure conduct of the Passion Play 2030 and enables reliable capacity planning, supports compliance with regulatory requirements and safety concepts, and prevents overbooking or uncoordinated visitor flows that could jeopardise the proper operation of the Passion Play. In this regard, particular reference is made to the provisions of Clauses 1.1, 8.1 and 9.
The purchase of tickets by individual customers (in particular consumers) through the B2C sales channels designated by EBK and POV shall remain unaffected. In particular, POV, acting as intermediary for EBK, shall continue to sell tickets directly to end customers without any associated arrangement package. Such sales of standalone tickets without arrangements to individual customers shall, however, remain reserved exclusively to the Municipality of Oberammergau (EBK) and POV acting as its exclusive intermediary.
Through the tour operator/reseller portal of POV at www.passionsspiele-oberammergau.de (hereinafter the "Portal") and by e-mail to support@oberammergau.de, only commercially active tour operators or other resellers (hereinafter collectively referred to as the "Principal" and abbreviated as "AG") may submit booking enquiries for Service Packages relating to the Passion Play 2030.
Where the AG indicates on the Portal that it is a "Tour Operator", thereby confirming that it markets the Service Packages advertised on the Portal, in part together with additional services of its own, as package holidays in its own name and for its own account as the responsible tour operator towards travellers, in particular consumers and their travel companions, it shall be deemed a "Tour Operator" for the purposes of these Terms and Conditions and shall be referred to as such unless the general designation "AG" is used.
Where the AG indicates on the Portal that it is a "Reseller", thereby confirming that it markets the Service Packages advertised on the Portal, in part together with additional services of its own, in its own name and for its own account to commercially acting third parties who are not travellers within the meaning of the EU Package Travel Directive, but are themselves either commercial tour operators or commercial resellers, it shall be deemed a "Reseller" for the purposes of these Terms and Conditions and shall be referred to as such unless the general designation "AG" is used.
The following Terms and Conditions shall apply exclusively, to the extent legally agreed, to commercial tour operators and resellers. Only such parties shall be entitled to submit booking enquiries through the Portal and via the e-mail address referred to above. These Terms and Conditions shall not apply to travellers within the meaning of the EU Package Travel Directive, in particular consumers. In respect of such persons, solely the travel conditions of POV shall apply, to the extent legally agreed.
1. Subject Matter of the Contract; Principle of Package Binding; POV's Responsibility for Arrangement Services; POV's Role as a Pure Intermediary with Regard to Tickets for the Passion Play 2030; Legal Basis; Applicability of Terms and Conditions
1.1. Principle of Package Requirement: The commercial acquisition of tickets for the Passion Play 2030 by commercial tour operators and other resellers for the purpose of commercial resale is generally permitted only in combination with the arrangements offered by POV (accommodation, catering, transportation). Individual tickets may not be acquired by commercial tour operators or other resellers for the purpose of commercial resale. In this respect, reference is made to the explanations set out above in the introduction to these Terms and Conditions. Further reference is made to the provisions of Clause 8.1, Clause 9 and Clause 15.1.
1.2. The contractual position of POV is therefore as follows:
a) On the one hand, POV acts as the service provider responsible vis-à-vis the Client (AG) for arrangement services. Arrangement services comprise accommodation, catering and transfer services. The respective service obligations of POV with regard to arrangement services are determined by the individual agreements concluded and these Terms and Conditions.
b) In addition to procuring arrangement services under its own responsibility, POV arranges for the Client (AG) admission tickets (hereinafter also referred to as “Tickets”) for the Oberammergau Passion Play 2030 together with admission tickets for the Local Heritage Museum and the text booklet (hereinafter collectively referred to as “Ticket”, “Ticket Service”, “Admission Ticket” or “Admission Service”). The arrangement of ticket services by POV is carried out in the name and for the account of the Municipal Cultural Enterprise of the Municipality of Oberammergau (Eigenbetrieb Kultur der Gemeinde Oberammergau, hereinafter “EBK”).
c) The contract for the ticket services shall be concluded exclusively between the Client (AG) and the EBK;
d) POV is not a contracting party to the ticket services contract, but provides only intermediary and advance-sales services for the EBK. Accordingly, the services provided by POV to the Client (AG) in connection with ticket services comprise the arrangement of the ticket services contract with the EBK and related advance-sales services (in particular portal operation, advisory services, booking administration and collection of payments).
e) These advance-sales services relating to ticket services are remunerated by a separately stated advance-sales fee. If the Client (AG) is entitled to reimbursement of the ticket price because the booked event cannot take place, and neither POV nor EBK is responsible for such cancellation, in particular in cases of force majeure, the advance-sales fee shall remain with POV, since the advance-sales services remunerated thereby have been fully performed.
f) POV shall not be liable for the information regarding prices and services of the EBK relating to performances within the framework of the Passion Play 2030. POV shall likewise not be liable for the provision of ticket services themselves or for any defects in performance, personal injury, or property damage occurring in connection with the provision or use of ticket services. Any liability of POV arising from a breach of intermediary obligations shall remain unaffected.
g) The EBK has granted POV comprehensive authority to undertake, in the name and for the account of the EBK, all actions necessary for the conclusion, administration and termination (including withdrawal and termination) of ticket service contracts and to make and receive declarations in this regard. In particular, POV is authorized to collect payments and advance payments for ticket services due to the EBK and to account for such payments to the EBK. The ordinary business hours of POV are Monday to Friday from 09:00 to 17:00.
h) POV acts as a single booking, communication and administration point for both arrangement services and ticket services. This consolidated communication, booking administration, invoicing and payment processing serves solely the purpose of administrative simplification. It shall under no circumstances result in any change to the respective parties responsible for performance as defined herein, nor to their respective responsibilities for performance or areas of liability.
1.3. The following shall govern all legal and contractual relationships between POV and/or EBK and the Client (AG):
a) With regard to arrangement services provided by POV as the sole party responsible for performance, priority shall be given to the individual agreements concluded in each case, followed by these Terms and Conditions and, subsidiarily, the provisions of German tenancy law governing accommodation services pursuant to Section 535 et seq. BGB, the provisions governing service contracts pursuant to Section 611 BGB with regard to catering services, and the provisions governing contracts for work and services pursuant to Sections 631 et seq. BGB with regard to transfer services.
b) With regard to the arrangement of ticket services by POV acting as intermediary, and the related advance-sales services of POV, priority shall be given to the individual agreements concluded in each case, followed by these Terms and Conditions and, subsidiarily, the statutory provisions governing remunerated business management contracts pursuant to Sections 675 and 631 et seq. BGB.
c) With regard to the provision and use of ticket services by and vis-à-vis EBK as the sole contracting party responsible for performance vis-à-vis the Client (AG), priority shall be given to the individual agreements concluded in each case and the validly incorporated contractual documents of the EBK, followed by the General Terms and Conditions of the EBK for ticket services, insofar as validly agreed, and subsidiarily by the statutory provisions governing service contracts pursuant to Sections 611 et seq. BGB. The EBK ticket conditions are reproduced in full following these Terms and Conditions and are thereby validly incorporated into the legal relationship between the Client (AG) and the EBK. To the extent that individual provisions of these Terms and Conditions conflict with the EBK ticket conditions, these Terms and Conditions shall prevail vis-à-vis the Client (AG).
d) In all other respects, German law shall apply exclusively.
1.4. POV is not a package travel organiser. The statutory provisions governing package travel and package travel organisers, in accordance with the legislative rationale concerning the exception applicable to package-travel organisers under German travel law (cf. Bundestag Printed Matter 18/10822 regarding Section 651a(1) BGB), shall apply to the legal and contractual relationship between POV and the Client (AG) neither directly nor by analogy. In particular, the contractual relationship between the Client (AG) and POV does not create a contract for the benefit of the travellers or employees of the Client (AG) as third parties. The application of such provisions is excluded by an express choice of law. The same applies to provisions of the European Union concerning package travel contracts, package travel organisers and linked travel arrangements. Consequently, the Client (AG) is not entitled to identify POV as the responsible travel organiser in the traveller information form for package travel instead of the Client (AG).
1.5. The terms and conditions of the Client (AG) shall not apply. This shall also apply where the Client (AG) declares its own terms and conditions applicable and POV does not expressly object to such declaration, whether in an individual case or generally.
1.6. These Terms and Conditions shall apply in their current version and replace all previous agreements regarding the provision of services. Unless expressly agreed otherwise in an individual case, the present version shall also apply to all future contracts between POV and the Client (AG).
1.7. No contractual relationship shall be established between POV and the participants or travellers of the Client (AG).
1.8. With regard to the terms and conditions of service providers, in particular transportation companies, ticket offices, hotels and catering establishments, the following shall apply:
a) The agreements concluded between POV and/or EBK and the Client (AG) shall generally prevail over the provisions contained in such terms and conditions.
b) The provisions of such terms and conditions shall apply supplementarily in the relationship between POV and/or EBK and the Client (AG), unless differing individual agreements have been concluded in writing between POV and/or EBK and the Client (AG). The parties agree that the possibility of reviewing such terms and conditions via the service provider’s website or computer reservation system constitutes valid incorporation of such terms and conditions.
c) The provisions of such terms and conditions shall also apply to the obligations imposed therein upon the respective recipient of the services, namely the Client (AG) and/or its participants/travellers. It shall be the sole responsibility of the Client (AG) to ensure that its participants/travellers have a reasonable opportunity to become aware of such terms and conditions.
1.9. Terms and conditions, in particular transportation conditions and tariff provisions (for example of public transport operators), which apply by operation of law in Germany or abroad without express notification and/or agreement, shall apply in the legal relationship with the Client (AG) even if the Client has no knowledge thereof or has not been informed by POV and/or EBK of their applicability or validity with regard to the contractual relationship and the respective service.
2. Conclusion of the Contract
2.1. The Client (AG) may express its interest in booking the arrangements offered by POV under its own responsibility and in the arrangement of ticket services of EBK for the Passion Play 2030 by telephone, e-mail, via the online portal of POV, or in writing. Such a mere expression of interest shall be non-binding for the Client (AG) and POV and/or EBK and shall not give rise to any entitlement to conclude a contract. Based on such expressions of interest, POV will generally first provide information concerning the availability of the requested arrangement and ticket services and submit proposals regarding possible service combinations and performance schedules. Such proposals shall likewise be non-binding and subject to change for POV and/or EBK and the Client (AG). They shall not create any entitlement to the conclusion of a corresponding contract. The same shall apply where such proposals are submitted repeatedly or on multiple occasions. Unless expressly agreed otherwise in advance, such proposals and availability information shall be provided to the Client (AG) free of charge.
2.2. The following shall apply to bookings made in text form (generally by e-mail):
a) Based on the expression of interest, any further discussions and any non-binding proposals, POV shall provide the Client (AG) with a non-binding offer in text form (e-mail or other text form within the meaning of Section 126b BGB) for arrangement and ticket services as service packages. The non-binding offer of POV shall be based on these Terms and Conditions, the information and notices contained in the offer, and any price lists and documents expressly incorporated by reference.
b) By booking such an offer, the Client (AG) submits a binding offer to POV to conclude contracts for the service packages described in the respective offer (arrangement services provided by POV and ticket-service arrangements for EBK). The Client (AG) shall remain bound by such booking for a period of 7 days from dispatch of the booking declaration. The booking shall be submitted by the Client (AG) to POV in text form (e-mail or other text form within the meaning of Section 126b BGB).
c) The contract shall be concluded upon receipt by the Client (AG) of the declaration of acceptance (“booking confirmation”) issued by POV. The booking confirmation shall be provided in text form within the meaning of Section 126b BGB.
d) If POV does not confirm the booking of the Client (AG) without modification, but instead submits an amended offer in the booking confirmation (for example with regard to categories, contingents, dates or prices), the contract shall only be concluded on the basis of such amended offer if the Client (AG) accepts the amended offer either in text form or by implied conduct, in particular through timely payment of the specified deposit or the total price.
e) special requests made by the Client (AG) regarding services to be provided by POV and/or EBK which go beyond the content of the non-binding service-package offer of POV (in particular requests regarding specific hotel ancillary services, catering services, or seat allocations within the arranged ticket services) shall become binding contractual terms only if expressly confirmed by POV in text form. If special requests are described in the offer, booking confirmation or other documents as “non-binding,” the obligation of POV shall be limited to forwarding such requests to the participating service providers; fulfillment is not owed. Non-binding special requests merely document the non-binding wishes of the Client (AG); neither POV nor EBK assumes any responsibility for their fulfillment.
f) Where agreements concerning amendments or additions to the service-package offer are made orally or by telephone between the Client (AG) and POV, the text-form requirement shall be deemed fulfilled if POV confirms the agreed arrangements to the Client (AG) in text form by way of a commercial confirmation letter and the Client (AG) does not object without undue delay. If the Client (AG) remains silent in response to such confirmation, the communicated contents shall be deemed agreed between the parties.
2.3. The following shall apply to bookings via the online portal of POV:
a) The electronic booking process shall be explained to the Client (AG) within the relevant application of POV.
b) The Client (AG) shall have access to a correction facility allowing correction of entries, deletion, or resetting of the entire booking form; the use of this facility shall be explained accordingly.
c) The contract languages available for the online booking process shall be specified; exclusively the German language shall be legally authoritative.
d) Where the contract text is stored by POV in its online booking system, the Client (AG) shall be informed thereof and of the possibility of accessing the contract text at a later time.
e) By clicking the button labeled “order with obligation to pay” or a button with equivalent wording, the Client (AG) submits a binding offer to POV to conclude the contracts included within the selected service package. The Client (AG) shall remain bound by this contractual offer for a period of 7 days from submission of the electronic declaration.
f) POV shall promptly acknowledge receipt of the booking electronically. Submission of the booking by clicking the button “Place Binding Order” shall not give the Client (AG) any entitlement to the conclusion of a contract in accordance with its booking details. POV shall remain free to decide whether to accept the contractual offer of the Client (AG).
g) Acceptance of the contractual offer of the Client (AG) by POV shall take place by transmission of a booking confirmation in text form (in particular by e-mail or as a download within the portal). The contracts forming part of the service package shall be concluded upon receipt of the booking confirmation by the Client (AG).
h) If the booking confirmation is issued immediately following completion of the booking by the Client (AG) through activation of the “binding booking” button and displayed directly on screen (real-time booking), the contracts forming part of the service package shall be concluded upon receipt and display of such booking confirmation on the Client’s screen, without the need for an intermediate acknowledgement of receipt pursuant to Clause 2.3(f), provided that the Client (AG) is offered the possibility of saving the booking confirmation on a durable medium and printing it. The binding nature of the contracts forming part of the service package shall not depend on whether the Client (AG) actually makes use of such storage or printing options. POV shall additionally provide the Client (AG) with a copy of the booking confirmation in text form (in particular by e-mail).
3. Benefits and Changes to Benefits, Third-Party Prospectuses, Disclosures, and Representations
3.1. The service obligations of POV under contracts concluded on the basis of a written offer issued by POV shall be determined by the information contained therein regarding prices and services, subject to all notices and explanations contained in the offer or in any additional documents provided.
3.2. For contracts concluded on the basis of a brochure description or internet advertisement through a direct booking by the Client (AG) and the corresponding booking confirmation by POV (see Clause 2.3(g)), the following shall apply:
a) The service obligations of POV with regard to arrangement services offered by POV under its own responsibility shall be determined by the brochure description or the information published on the internet, in conjunction with the corresponding booking confirmation issued by POV.
b) The service description of EBK with respect to tickets for the Oberammergau Passion Play 2030 arranged by POV shall be determined exclusively by the publications of the EBK, provided that such publications are available to the Client (AG) at the time of booking. Information provided by POV regarding tickets merely reproduces such information and shall not constitute any independent service commitment by POV.
3.3. As a general principle, POV and/or EBK shall only be obliged to perform services in the specifically agreed scope and manner in accordance with the foregoing provisions. In particular, no service entitlements of the Client (AG) or service characteristics may be derived from the total price, the price of an individual service, or any classification or category designation unless expressly and specifically agreed. This applies in particular to the facilities and amenities of accommodation (for example, minibars, air-conditioning, elevators, or ancillary charges).
3.4. The services of POV and EBK are generally not suitable for persons with reduced mobility. Participation of travellers or participants of the Client (AG) with reduced mobility must be clarified individually with POV in advance and is only possible following express confirmation in text form by POV in the individual case.
3.5. Where special requests of the Client (AG) are described in offers, booking confirmations, supplementary agreements, or other contractual documents as non-binding, the obligation of POV shall be limited exclusively to forwarding such requests to the participating service providers. Special requests shall become binding contractual terms vis-à-vis POV and/or EBK only upon express confirmation in text form. Confirmations issued by service providers shall not be binding upon POV.
3.6. Service providers (e.g. hotels, transport companies, restaurants) are not authorized by POV to conclude agreements, provide information, or make representations that modify the agreed content of the contract, go beyond the services contractually promised by POV, or are in conflict with the service description or the information and representations provided by POV.
3.7. POV is expressly under no obligation to provide the Client (AG), insofar as it acts as a tour operator, prior to conclusion of the contract with all information required by the Client (AG) regarding the contractual services for the purpose of fulfilling its pre-contractual information obligations towards its travellers or participants under Article 250 Section 3 EGBGB. POV shall transmit to the Client (AG) the information available to POV once the performance of the services has been confirmed.
3.8. POV is not authorised under the provisions governing legal services to provide the Client (AG), insofar as it acts as a tour operator, with guidance regarding the legal drafting of its travel advertisements, pre-contractual information, information forms, booking forms (travel registrations), booking confirmations, or booking administration. Accordingly, POV owes no advice or guidance whatsoever in this regard.
3.9. The services of POV and/or EBK generally do not include insurance coverage for the benefit of the Client (AG) itself. The Client (AG) is strongly advised to obtain personal injury and property damage insurance appropriate for tour operators or for its respective business activities.
3.10. Local and hotel brochures, brochures, information and documentation of other service providers, and corresponding internet publications which have not been expressly agreed with the Client (AG) as forming the basis of the contractual performance obligations of POV and/or EBK, shall not be binding upon POV and/or EBK and shall not form part of the contract. This shall also apply if such documents are provided to the Client (AG) by POV and/or EBK together with an offer or subsequently for informational purposes.
3.11. As a general principle, POV and/or EBK shall be entitled to make service modifications where, under applicable law and case law, the participants of the Client (AG) are required to accept such changes without entitlement to a substantial reduction of the travel price agreed with the Client (AG) or a right to withdraw from the contract with the Client (AG). This applies in particular to non-material changes in the performance schedule. It shall also apply in particular to modifications and changes to programme schedules.
3.12. Arrival and departure days are not intended for recreation or programme activities unless expressly agreed otherwise. The Client (AG) shall align its own programme components, transportation services and schedules, in particular its deployment of buses and personnel, accordingly and shall structure its marketing accordingly. The Client must validly reserve the right to make such changes vis-à-vis its participants.
3.13. Furthermore, deviations affecting essential characteristics of arrangement services or ticket services from the agreed content of the contracts forming part of the service packages, which become necessary after conclusion of the contract and which have not been brought about by POV and/or EBK contrary to the principle of good faith, shall be permissible for POV and/or EBK prior to commencement of performance, provided that such deviations are insignificant and do not affect the overall character of the service package.
3.14. Any warranty claims of the Client (AG) shall remain unaffected insofar as the modified services are defective.
3.15. POV shall be entitled to accommodate a booked group in another equivalent hotel if accommodation in the originally agreed hotel becomes objectively impossible or unreasonable and such circumstances are not attributable to POV. This applies in particular, but not exclusively, in cases involving hygiene or infection-control concerns, governmental or other legal requirements, sanctions, business closures, and other legal or factual circumstances preventing continued operation of the hotel. Where possible, the replacement hotel shall offer a comparable location and level of facilities. The specific performance obligations of POV as determined by the individual agreements shall remain unaffected.
3.16. POV and/or EBK shall be obliged to inform the Client (AG) without undue delay of any material service modifications once the reason for such modification becomes known.
3.17. In the event of a significant modification of an essential arrangement service or ticket service within a service package, the Client (AG) shall be entitled to withdraw free of charge from the contracts comprising the service package if, and to the extent that, its travellers assert a corresponding right of withdrawal against the Client immediately following notification of such modification. The Client (AG) must itself exercise such right of withdrawal without undue delay where a participant has declared a corresponding withdrawal vis-à-vis the Client. The Client (AG) is expected to agree an appropriate reservation-of-rights clause regarding such modifications with its customers, in compliance with applicable law and case law, particularly within its travel conditions.
3.18. Special provisions relating to pandemics/epidemics and other highly contagious diseases (including, but not limited to, COVID-19)
a) The parties agree that the agreed arrangement and ticket services shall at all times be provided by POV and/or EBK in compliance with, and subject to, the governmental requirements and restrictions applicable at the relevant time of performance.
b) EBK shall be entitled to cancel the Passion Play in whole or in part, restrict audience capacity, or alter the running time if required for reasons of health protection, infection control, force majeure, governmental orders, or statutory requirements. Where the number of seats must be reduced due to such circumstances, EBK may allocate theatre seating at its reasonable discretion. If participation in the event thereby becomes impossible or unreasonable, the statutory rights of the Client (AG) shall remain unaffected.
c) POV shall provide up-to-date information regarding such circumstances on its website in a timely manner. The Client (AG) shall be responsible for forwarding such information to its participants and ensuring that they regularly and promptly inform themselves of the current situation.
d) The parties expressly agree that any right of termination arising from extraordinary unavoidable circumstances, force majeure, or substantial, potentially unreasonable, modifications to arrangement and ticket services caused by governmental requirements shall be excluded under this Agreement, provided that the services can substantially still be performed objectively. Statutory rights shall otherwise remain unaffected.
e) The Client (AG) agrees that participants must comply with reasonable usage rules or restrictions imposed by POV and/or EBK or the relevant service providers when using the services. EBK and/or POV may in particular require compliance with reasonable hygiene and infection-control measures, including the wearing of protective masks, provision of names and contact details, temperature checks, disinfection measures, or health self-declarations.
f) All participants of the Client (AG) shall be required by the Client (AG) to notify the Client immediately if they experience typical symptoms of illness. Upon becoming aware of any ill participants, the Client (AG) shall promptly inform POV accordingly. Failure to comply with such measures despite a request to do so may result in refusal of access or further participation, without giving rise to liability on the part of POV or EBK, or to any entitlement to reimbursement, to the extent permitted by law.
4. Prices, Minimum Order Quantities, Price Increases
4.1. The prices agreed in each individual case between POV and/or EBK and the Client (AG) shall apply. Where no such prices have been agreed, particularly with respect to ancillary services and individual services, the prices contained in the advertising and booking materials of POV and/or EBK shall apply, provided that they were demonstrably available or accessible to the Client (AG) at the time of conclusion of the contract or were otherwise declared applicable or incorporated by reference by POV and/or EBK. Failing this, the customary or statutory remuneration pursuant to Section 632 BGB shall be payable.
4.2. Price Increases if the Applicable Minimum Allotments Are Not Reached: The remuneration agreed at the time of contracting for each service package consisting of arrangement services provided by POV and ticket services provided by EBK (B2B price) shall apply only where the booking comprises at least the contractually agreed minimum allotment of service packages. Unless otherwise expressly agreed in the individual case, the minimum allotment shall be 250 service packages.
a) Requests for smaller allotments may be rejected at the sole discretion of POV and/or EBK.
b) Where contracts are concluded for a smaller allotment, the applicable consumer prices (B2C) published by POV shall automatically apply. These price lists shall be made available to the Client (AG) prior to conclusion of the contract and shall form part of the contractual basis.
c) If the agreed minimum allotment of 250 service packages is no longer met due to cancellations or non-utilisation, the remuneration for the service packages actually utilised shall, except in the cases regulated below under subsection d), automatically increase to the applicable B2C consumer price ("kick-up"). In such case, the Client (AG) shall pay the consumer price applicable to B2C customers at the time of performance rather than the agreed B2B price. The increase to the B2C consumer price shall apply independently of any cancellation charges payable for the cancelled service packages pursuant to Clause 8; the obligation to pay the contractually agreed cancellation charges shall remain unaffected. POV shall invoice the increase to the B2C consumer price in the final invoice issued following completion of the Passion Play 2030. Any difference between the agreed B2B prices and the applicable B2C consumer prices shall become immediately due and payable upon receipt of the final invoice.
d) If a minimum allotment already achieved is subsequently reduced due to unavoidable and extraordinary circumstances, or if the required minimum allotment for application of the discounted B2B prices would demonstrably have been achieved had such unavoidable and extraordinary circumstances not occurred, the following shall apply:
§ In the event of unavoidable and extraordinary circumstances in Oberammergau or its immediate vicinity: If the minimum allotment falls below the threshold, for example due to justified cost-free withdrawals by participants of a package tour organised by the Client (AG) or its customers, or due to necessary cancellations by the Client (AG) or its customers acting as tour operators, the agreed prices for the remaining allotments shall remain unchanged, but only to the extent that such unavoidable and extraordinary circumstances directly affect the performance of services by POV and/or EBK. If no such impact exists on the services provided by POV and/or EBK, the Client (AG) shall have no entitlement to the continued application of the discounted B2B prices, and the B2C consumer prices shall apply.
§ In the event of unavoidable and extraordinary circumstances at or near the departure point or place of residence of the travellers, or other unavoidable and extraordinary circumstances generally falling within the Client’s sphere of risk which make the performance of services towards its travellers or participants more difficult, hazardous, impaired, or impossible, or which lead to justified cost-free withdrawals by customers of the Client (AG) or its customers, or to cancellations by the Client (AG) or its customers acting as tour operators, the Client (AG) shall have no entitlement to the continued application of the discounted B2B prices to the remaining allotments, and the B2C consumer prices shall apply. This applies in particular to effects of such unavoidable and extraordinary circumstances on transportation organised by the Client (AG) itself for its participants to the destination, including road closures, airspace closures, transport failures, or other operational disruptions affecting the Client (AG) or its own service providers (excluding POV and EBK).
4.3. Price Adjustment Clauses: POV and/or EBK may require price increases where such increases have been contractually agreed in the individual case. This applies in particular to pricing arrangements where the agreed price depends on the number of participants, the nature and/or scope of the services actually used, or the timing of the final specification and determination of arrangement services, ticket services, or participant numbers. The same shall apply to agreed price increases resulting from reductions or increases in participant numbers, services, or allotments.
4.4. Independently of any price increases under the foregoing provisions, and where applicable in addition thereto, POV and/or EBK reserve the right to increase the contractually agreed prices where: a) the cost of transporting persons (local transfers) increases due to higher fuel costs or other energy sources; b) taxes and other charges applicable to agreed arrangement or ticket services increase, such as tourist taxes; c) POV shall inform the Client (AG) of the reasons and provide details of the calculation of the price increase.
4.5. The price increase pursuant to Clause 4.4 shall be calculated as follows:
a) In the event of an increase in transportation costs pursuant to Clause 4.4(a), POV may increase the arrangement service price as follows: • Where the increase is calculated on a per-seat basis, POV may charge the customer the corresponding increase amount. • Otherwise, the additional transportation costs charged by the carrier per means of transport shall be divided by the number of seats available on the agreed means of transport. POV may charge the resulting increase amount per seat to the customer.
b) In the event of increases in taxes and other charges pursuant to Clause 4.4(b), both the arrangement service prices of POV and the ticket service prices of EBK may be increased by the corresponding proportionate amount.
4.6. In the event of a subsequent price adjustment pursuant to Clause 4.4, POV and/or EBK shall inform the Client (AG) without undue delay after becoming aware of the reason for the adjustment. Such price increases shall only be permissible if received by the Client (AG) no later than the 25th day before commencement of the service package. Where a price increase exceeds 16%, the Client (AG) shall be entitled to withdraw from the contract without cancellation charges. The Client (AG) must exercise such right of withdrawal without undue delay after notification of the price increase by POV.
4.7. In the event of an increase in value-added tax (VAT) applicable to contractually agreed arrangement and/or ticket services, POV and/or EBK shall be entitled to require a corresponding price increase from the Client (AG), provided that POV and/or EBK demonstrates that it is legally required to account for and pay the increased VAT.
4.8. The entitlement to increase prices pursuant to individually agreed contractual arrangements, the foregoing provisions, or applicable statutory provisions shall apply regardless of whether, and to what extent, the Client (AG) is factually or legally able to pass such price increases on to its own customers or is obliged to reduce prices. It shall be the responsibility of the Client (AG) to create, through appropriate agreements with its customers that comply with applicable law and case law, the possibility of passing on such price increases.
5. Payment, Due Date, Late Payment, Place of Performance for Payments, Reminders, Late Payment Interest, Security
5.1. The entire remuneration owed by the Client (AG) for the service packages consisting of arrangement services provided by POV and the ticket services arranged for EBK (including any visitor taxes and other public charges) shall hereinafter be referred to as the “Remuneration”. The Remuneration and all payments by the Client (AG) shall be made exclusively to POV into one of the bank accounts designated by POV. In this respect, POV is authorised by EBK to collect payments relating to ticket services.
5.2. POV shall require advance payments following conclusion of the contract in accordance with the following provisions:
a) Advance payments shall generally become due only after conclusion of the contract. Their amount and due date shall apply irrespective of whether or to what extent the Client (AG) is itself entitled to demand corresponding advance payments from its customers.
b) The due date of advance payments shall be determined by the date of conclusion of the contract and the date of the first service included in the respective service package consisting of arrangement services and ticket services. The date of the first service shall be the first overnight stay included in the respective arrangement; such date shall be determined separately for each arrangement.
5.3. The following instalment schedule shall apply to the due dates for payment of the Remuneration:
a) Where the contract is concluded before 31 October 2027, the following advance payment schedule shall apply; the specific due dates shall be stated in the offer:
§ Upon conclusion of the contract (booking), 5% of the remuneration for the agreed service package shall become immediately due and payable.
§ A further 5% of the remuneration shall become due on 31 October 2027.
§ A further 15% of the remuneration shall become due on 31 October 2028.
On the 1st day of the sixth month preceding the month in which the date of the first service of the respective service package occurs, a further 75% of the remuneration for the respective services shall become due. The due date shall be calculated separately for each participant and stated in the offer and/or invoice.
b) For contracts concluded between 1 November 2027 and the first day of the sixth month preceding the month in which the services commence, the following cancellation charges shall apply:
· Upon conclusion of the contract, 10% of the remuneration for the agreed service package shall become immediately due.
§ A further 15% of the remuneration shall become due on 31 October 2028.
§ On the 1st day of the sixth month preceding the month of performance, a further 75% of the remuneration for the respective agreed service package shall become due.
c) Where the contract is concluded after the first day of the sixth month preceding the month of performance, the full Remuneration for the agreed service package shall become immediately due and payable upon conclusion of the contract.
5.4. Payments shall generally be made using the expressly agreed payment method. Where no express agreement regarding the payment method has been made, payments shall be made exclusively by bank transfer.
5.5. Place of Performance for all payments shall be the place where the bank designated by POV for payment purposes maintains its registered office, provided that the payment obligation shall only be properly discharged if the amount due is credited in due time to the specified bank account.
5.6. Payments, particularly from abroad, shall be made free of charges and bank fees. Payments in foreign currencies shall generally be excluded unless expressly agreed otherwise in the individual case.
5.7. Default in Payment:
a) POV shall issue a deposit invoice for each advance payment and each significant interim payment. The deposit invoice shall simultaneously constitute a reminder within the meaning of Section 286(1) sentence 1 BGB and the setting of a payment deadline within the meaning of Section 323(1) BGB.
b) If the Client (AG) fails to make due advance payments, interim payments, or final payments within the periods specified in the deposit invoice, it shall be deemed in default without any further reminder being required.
c) POV and/or EBK shall, following a reminder and the granting of a reasonable grace period, be entitled to withdraw from the contracts forming part of the service packages and to claim cancellation charges in accordance with the agreed cancellation provisions.
5.8. In the event of default, the Client (AG) shall pay interest on overdue amounts at a rate of 9 percentage points above the applicable base interest rate. The right of POV and/or EBK to claim additional damages caused by delay shall remain reserved.
5.9. Provided that POV and/or EBK are ready and able to perform their respective contractual obligations and that no contractual or statutory right of retention exists in favour of the Client (AG), the following shall apply:
a) Unless the total price has been paid in full in accordance with the agreed due dates, the Client (AG) shall have no entitlement to the performance of the contractual arrangement services and ticket services and/or to delivery of travel documents, vouchers, or tickets.
b) If the Client (AG) fails to make due advance payments, interim payments, or final payments within the agreed periods, POV and/or EBK shall, following a reminder and the granting of a deadline, be entitled to withdraw from the contracts forming part of the service packages and to require the Client (AG) to pay cancellation charges as contractually agreed, in particular pursuant to these Terms and Conditions or applicable statutory provisions.
5.10. The Client (AG) may set off claims against claims of POV and/or EBK only where such counterclaims are undisputed or have been finally determined by a court of law. The Client (AG) may exercise rights of retention only to the same extent. Any further rights of set-off or retention are excluded, without prejudice to mandatory statutory provisions. If the Client (AG) asserts a right of retention in respect of due payment claims of POV and/or EBK and such right is not recognised by POV and/or EBK pursuant to the foregoing provisions, POV may require the Client (AG) to provide security in the amount of the due payments by means of an irrevocable, unconditional and unlimited bank guarantee issued by a German commercial bank or savings bank, or to deposit the corresponding amount with the competent local court in accordance with applicable law.
5.11. In the event of default in payment, POV and/or EBK may charge reminder fees of EUR 10.00 per reminder, together with reimbursement of any bank charges incurred due to dishonoured direct debits or failed bank collections.
6. Contractual Obligations of the Client; Travel Itinerary; Pre-Contractual Information
6.1. It shall be the responsibility of the Client (AG) to comply with all requirements of applicable law and case law relating to the business models and forms of marketing for which the contractual services are used. In the case of package tours organised by the Client (AG), this shall apply in particular to all legal and judicial requirements applicable to package tour operators.
6.2. The Client (AG) shall under no circumstances and in no documentation describe POV and/or EBK to its participants as a tour operator or co-organiser. In marketing models that do not constitute package travel, the Client (AG) shall likewise not identify POV and/or EBK as a service provider, organiser or co-organiser. In particular, the Client (AG) shall not refer to or designate POV as the responsible undertaking in any statutory information forms. The Client (AG) shall only make references to contracts forming part of service packages with POV and/or EBK and to services provided by POV and/or EBK where, and in the form in which, this has been expressly agreed in advance with POV and/or EBK.
6.3. The Client (AG) shall prepare its travel advertisements exclusively in accordance with the agreements concluded with POV and/or EBK concerning the contractual arrangement services of POV and the ticket services of EBK. With regard to the contractual arrangement and ticket services to be provided by POV and/or EBK, the Client (AG) shall not advertise, confirm, guarantee or otherwise provide information relating to service characteristics that are inconsistent with, or exceed, the agreed arrangement and ticket service content. This obligation shall not affect the right and sole discretion of the Client (AG) to organise, offer and include transportation services and other services within its own contractual services and package offers to its participants.
6.4. POV and/or EBK may require the Client (AG) to submit, for review prior to publication, its travel advertisements and, where applicable, supplementary pre-contractual information insofar as these relate to the arrangement and ticket services contractually agreed with POV and/or EBK. This shall apply in particular before the printing of any travel brochure or other printed advertising medium, or publication on the internet. This submission obligation shall be limited to the travel advertisement and pre-contractual information themselves; the Client (AG) shall not be required to disclose its prices or pricing calculations. POV and/or EBK may require corrections where they can demonstrate that the advertisement contains obvious errors or omissions, infringes mandatory competition-law or travel-law requirements, or is otherwise capable of giving rise to claims by third parties, in particular customers of the Client (AG), against POV and/or EBK. If POV and/or EBK do not request corrections after submission by the Client (AG), such omission shall expressly not constitute confirmation by POV and/or EBK of the accuracy or completeness of the submitted materials.
6.5. The Client (AG) shall be obliged, irrespective of any statutory or contractual obligation of its participants to notify defects vis-à-vis the Client, to report any defects arising without undue delay to the contact point designated by POV and/or EBK, or, where no such contact point has been expressly designated, to the local agent or service provider, and to request remedial action. If such persons refuse remedial action or cannot be reached, the Client (AG) shall immediately submit a corresponding notice of defect together with a request for remedy to POV and/or EBK.
6.6. The Client (AG) shall be obliged to contribute to the avoidance and elimination of disruptions in service performance, defects in performance, or other obstacles to the proper provision and execution of arrangement and ticket services. Wherever possible, the Client (AG) shall coordinate corresponding measures in advance with POV and/or EBK.
In fulfilment of these obligations, the Client (AG) shall also be required, where appropriate, to advance expenses where such expenditure may prevent or eliminate disruptions, defects, or obstacles in the relationship between the Client (AG) and its travellers or customers, and where failure to do so would result in substantially higher costs or claims against POV and/or EBK. The general statutory duty of the Client (AG) to mitigate damages shall remain unaffected.
6.7. If the Client (AG) fails to comply with one or more of the foregoing obligations, any warranty claims and claims for damages of the Client (AG) shall be excluded to the extent that POV and/or EBK would have been willing and able to provide a remedy, or where the resulting damage could have been avoided or mitigated.
7. Passport, Visa, and Customs Regulations; Information on Insurance
7.1. Unless expressly agreed otherwise by contract, POV and/or EBK shall have no obligation to provide information regarding passport, visa and customs requirements and/or to procure documents required for the entry of the participants of the Client (AG) into Germany. This applies in particular to the procurement of visas.
7.2. If POV has expressly undertaken by contract to procure visas or other documents required for the entry of the participants of the Client (AG), POV shall nevertheless not be liable for the timely issuance of such documents or for their timely receipt by the Client (AG). The risk of transmission shall be borne by the Client (AG), irrespective of whether the documents are dispatched directly by the relevant diplomatic mission or other issuing authority, or by POV.
7.3. The Client (AG) is subject, under applicable statutory provisions, both as a package travel organiser and, where relevant, in any other capacity recognised by law and case law, to its own obligations to provide information, clarification and notice concerning passport, visa and health requirements. Accordingly, it shall be the responsibility of the Client (AG), as an independent contractual obligation owed to POV and/or EBK, to obtain information regarding such requirements and necessary documentation independently of and in addition to any information provided by POV and/or EBK, and, where applicable, to ensure compliance by its participants.
7.4. If there are any inconsistencies or contradictions between the information and documents provided by POV and/or EBK and the information independently obtained by the Client (AG), the Client (AG) shall notify POV and/or EBK thereof without undue delay and seek clarification and coordination with POV and/or EBK.
7.5. Any disadvantages suffered by the Client (AG) or its participants as a result of failure to comply with the obligations set out above, including in particular any resulting cancellation charges, shall be borne by the Client (AG). This shall not apply, however, to the extent that such disadvantages or costs are caused, in whole or in part, by a culpable breach of contractual or statutory obligations on the part of POV and/or EBK.
8. Cancellation, Withdrawal, Termination, Substitute Participants, and Rescheduling by the Working Group
8.1. “Cancellation” within the meaning of the following provisions shall include both the exercise of a contractually agreed right of withdrawal and any other declaration by the Client (AG) indicating the non-acceptance of all contractual services. Cancellations are only permitted with respect to the booked service package as a whole, consisting of arrangements and the arranged ticket services; partial cancellation of individual service components, in particular only arrangements or individual arrangement components, or only admission tickets or individual ticket-service components, is excluded. In this regard, particular reference is made to the provisions of Clauses 1.1 and 9.
8.2. Unless otherwise expressly agreed in the individual case, any contractually agreed rights to cancel service packages consisting of arrangements and ticket services must be exercised in text form. Cancellations may only be made vis-à-vis POV; this shall also apply with regard to the ticket services included in the service package to which the cancellation relates. In this respect, pursuant to Clause 1.2(g), POV is authorised by EBK to receive such declarations.
8.3. For the purposes of determining whether a cancellation notice has been given in time, receipt by POV in text form during the business hours of POV pursuant to Clause 1.2(g) above shall be decisive. Service providers, sales representatives, EBK, or any other third parties are not authorised to receive cancellation declarations from the Client (AG).
8.4. Unless expressly agreed otherwise in the individual case, the Client (AG) shall have no right of revocation, termination or withdrawal from the contract or from individual contractual arrangements. Any withdrawal rights arising from commercial custom are expressly excluded. The right of termination pursuant to Section 649 BGB is likewise excluded. The following provisions regarding extraordinary termination due to defects in the contractual services or due to unavoidable extraordinary circumstances shall remain unaffected. Likewise, any other statutory warranty rights of the Client (AG) shall remain unaffected.
8.5. The following shall apply with respect to the calculation of cancellation charges:
a) In the event of cancellation or non-acceptance without a corresponding declaration by the Client (AG), POV and/or EBK shall be entitled to the contractually agreed lump-sum or specifically quantified compensation.
b) If no such lump-sum or specific compensation has been agreed in the individual case, POV and/or EBK shall be entitled to the following standardised compensation amounts. In calculating these amounts, ordinary savings in expenses and the ordinary possibility of alternative use of both the arrangement services by POV and the ticket services by EBK have been taken into account. Compensation shall be calculated according to the date on which the withdrawal declaration of the Client (AG) is received:
· Cancellation up to and including 30 October 2027: 5% of the agreed consideration for the entire Service Package consisting of Ticket Services and Arrangement Services;
· Cancellation from 31 October 2027 up to and including 30 October 2028: 10% of the agreed consideration for the entire Service Package consisting of Ticket Services and Arrangement Services;
· Cancellation from 31 October 2028 up to the 180th day prior to commencement of the first service: 25% of the agreed consideration for the entire Service Package consisting of Ticket Services and Arrangement Services;
· Cancellation from the 179th day up to the 141st day prior to commencement of the first service: 30% of the agreed consideration for the entire Service Package consisting of Ticket Services and Arrangement Services;
· Cancellation from the 140th day up to the 91st day prior to commencement of the first service: 50% of the agreed consideration for the entire Service Package consisting of Ticket Services and Arrangement Services;
· Cancellation from the 90th day up to the 1st day prior to commencement of the first service: 90% of the agreed consideration for the entire Service Package consisting of Ticket Services and Arrangement Services;
· Cancellation on the commencement date of the first service: 100% of the agreed consideration
“First service day” means the first overnight stay included in the respective service package; the cancellation schedule shall be applied separately to each service package.
8.6. In all cases, the Client (AG) shall retain the right to demonstrate that POV and/or EBK have incurred no cancellation loss at all, or a substantially lower cancellation loss due to saved expenses or alternative use, than the agreed or standardised cancellation charge claimed, or that opportunities for alternative use were wilfully not pursued.
8.7. POV and EBK reserve the right to claim higher, specifically quantified compensation instead of the standardised amounts set out above where POV and/or EBK can demonstrate that they have incurred significantly higher costs than the applicable lump-sum amount. In such case, POV and/or EBK shall be obliged to specify and substantiate the compensation claimed, taking into account saved expenses and any alternative use of the arrangement and/or ticket services.
8.8. The following provisions shall apply to substitute participants:
a) Unless otherwise agreed in the individual case, the Client (AG) shall be entitled at any time to replace named participants with other participants.
b) If such replacement takes place after expiry of agreed deadlines for submitting participant names or rooming lists, POV may charge an administration fee in the agreed amount or, in the absence of an express agreement, EUR 25.00 per participant.
c) Any additional costs arising from the change of participant, in particular costs incurred by EBK for reissuing or amending tickets, shall be borne by the Client (AG).
d) POV and/or EBK may object to the replacement of participants where substitute participants do not satisfy the specific requirements applicable to the use of the relevant arrangement or ticket services (including health-related requirements) or to the service package as a whole (including entry or health regulations), where the participation of the substitute participant is contrary to statutory or official requirements, or where the organisational measures necessary to facilitate the replacement would be objectively impossible or unreasonable for POV and/or EBK.
e) If the replacement of participants affects accommodation allocations, seating assignments in means of transport, audience seating allocations in relation to ticket services, or otherwise impacts the performance of the services, any resulting consequences and costs shall be borne by the Client (AG).
8.9. The following provisions shall apply to rebookings:
a) A “rebooking” means the modification of an existing contract with regard to the date, accommodation category, ticket category, or other essential service characteristics without abandoning the contractual structure as a whole. The Client (AG) shall have no entitlement to a rebooking. POV and/or EBK may reject requests for rebooking at their sole discretion, particularly if the requested alternative is unavailable or if the rebooking would be unreasonable for organisational reasons.
b) The Client (AG) shall have no entitlement to a rebooking after conclusion of the contract unless expressly agreed by contract.
c) If a rebooking is nevertheless carried out at the request of the Client (AG), POV may charge a rebooking fee for each rebooking transaction.
d) Unless otherwise agreed before confirmation of the rebooking, rebookings shall be carried out free of charge until and including 31 December 2028. From 1 January 2029 onwards, the rebooking fee shall amount to EUR 25.00 per individual service package participant (per pax). The rebooking fee shall become immediately due and payable upon receipt of the rebooking confirmation. In all other respects, the due-date provisions applicable to new contracts and contract increases shall apply correspondingly to the remuneration for the rebooked service packages.
e) Requests for rebooking submitted by the Client (AG) later than 90 days before the first service day (within the meaning of Clause 8.5(b), final sentence) may, insofar as implementation is possible at all, only be processed through cancellation in accordance with the cancellation provisions agreed in the individual contract or set out in these Terms and Conditions, combined with a new booking. This shall not apply to rebooking requests giving rise only to minor costs.
9. Principle of Package Bundling
9.1. The commercial resale of individual tickets or ticket services, whether to end customers or commercial purchasers, is expressly prohibited.
9.2. If a Client (AG) breaches the foregoing provisions (in particular by acquiring or transferring admission tickets or ticket services in order to circumvent the package requirement), POV and/or EBK shall be entitled, without prior warning, to terminate with immediate effect the contractual relationship with the Client (AG) and all allotments booked by the Client, applying the consequences set out in Clause 15.2, and to permanently exclude the Client’s company from entering into contractual relationships in connection with the Passion Play 2030. Any further statutory and contractual rights, in particular the imposition of a contractual penalty pursuant to Clause 11 and the assertion of claims for damages, shall remain unaffected. 9.3 In this context, particular reference is also made to the provisions of Clauses 1.1, 8.1 and 15.
10. Discount Programs; Documentation and Verification Requirements, and the POV’s and EBK’s Right to Audit Discount Eligibility
10.1. POV and EBK shall be entitled, at their reasonable discretion, to manage the allocation of allotments and bookings within discount programmes, to reallocate allotments, reject bookings, or revoke previously granted allotments in whole or in part where this is required for objective reasons (in particular where limited allotments have been exhausted or for reasons relating to event management, health protection, or infection control). Contracts already concluded shall remain unaffected unless the revocation is based on mandatory legal or governmental requirements.
10.2. The Client (AG) undertakes to ensure that all tickets obtained at discounted rates are granted exclusively to persons who satisfy the respective eligibility requirements for the relevant discount. The Client shall verify the required evidence by means of suitable documentation (in particular official identification documents) and shall record such verification in an appropriate manner.
10.3. POV and EBK shall be entitled to verify compliance with the applicable requirements for any discounts and rebate programmes through random checks, inspection of documentation, and review of the relevant supporting evidence (audit rights). The Client (AG) shall be obliged to retain the relevant supporting documentation and records for an appropriate period and, upon request, to make them available to the extent permitted by law. The Client shall process and store such personal data solely in accordance with the applicable data protection laws. 10.4 If the Client (AG) breaches the requirements of discount programmes or provides discounted tickets to persons who are not entitled to receive them, POV and EBK shall be entitled to charge the difference up to the full applicable remuneration (recovery of the granted discount). In cases of intentional misconduct, they may also exclude the Client from discount programmes, terminate or suspend the distribution partnership subject to the consequences set out in Clause 15.2, and furthermore claim damages and a contractual penalty pursuant to Clause 11.
11. Contractual Penalties
11.1. The following shall apply to the imposition of contractual penalties pursuant to Clauses 9.2 and 10.4:
a) POV and/or EBK shall be entitled to impose a contractual penalty after at least two unsuccessful warnings relating to the same or a comparable matter. The amount of the contractual penalty shall be determined by POV and/or EBK at their reasonable discretion, taking into account the nature, severity, duration, frequency and degree of fault of the breach. In the event of a dispute, the competent court shall review the appropriateness of the penalty.
b) The contractual penalty per violation shall not exceed: • Upon the first imposition: up to EUR 2,500. • Upon a repeated imposition for the same or a comparable breach: up to EUR 5,000. • Upon each further imposition for the same or a comparable breach: up to EUR 7,500.
c) The total contractual penalties incurred in any calendar month shall not exceed: • Prior to the commencement of the Passion Play 2030: 10% of the remuneration for the service packages booked by the Client (AG) for June 2030; • During the Passion Play 2030: 10% of the remuneration attributable to the service packages booked by the Client (AG) in the respective month.
d) The assertion of a contractual penalty shall be without prejudice to any further statutory or contractual claims. Any set-off or crediting of amounts shall be governed by the applicable statutory provisions.
12.The Client’s Obligations in Response to Passengers’ Notices of Defects; Termination Due to Defects or Unavoidable, Extraordinary Circumstances
12.1. Any notifications of defects and requests for remedy made by travellers to the Client (AG) acting as tour operator, or by the travellers of the Client’s customers, in particular those within the meaning of EU package travel law, relating to services provided by POV and/or EBK, shall be submitted without undue delay and by making use of all communication methods reasonably available at the place of performance to the contact point designated by POV. Where a local service provider or local agency has been designated as the responsible contact point and such party is not reachable or refuses to provide a remedy, the Client (AG) shall submit the notice of defect and request for remedy without undue delay to POV and/or EBK using the contact details provided by POV and/or EBK in the travel documents, vouchers and tickets.
12.2. In addition, the Client (AG) shall document in an appropriate manner all notices of defects and requests for remedy raised by its own travellers during the Client’s travel arrangements, or by travellers of its customers, insofar as such complaints relate wholly or partly to services provided by POV and/or EBK. Such documentation, together with a statement by the Client (AG) concerning the relevant facts, shall be submitted to POV within three weeks after completion of the arrangement services and/or ticket services. The statement shall include information concerning the merits of the complaint, any measures taken, and appropriate supporting evidence (or proposed evidence) for rejecting any claims raised by the traveller after completion of the trip. The Client (AG) shall be precluded from asserting contractual claims against POV and/or EBK to the extent that the defence against claims asserted by a traveller fails wholly or partly due to missing, inaccurate or incomplete documentation.
12.3. Termination by the Client (AG), whether before or after commencement of the contracts relating to arrangement services and ticket services within a service package, on the grounds of defects, shall only be permissible if the Client (AG) has notified POV of the defect and granted a reasonable period for remedy, unless remedy is objectively impossible or POV and/or EBK has itself refused to provide such remedy.
12.4. If the performance of the contractual services is substantially impeded, endangered or adversely affected as a result of unavoidable and extraordinary circumstances in Oberammergau or in the immediate vicinity of Oberammergau, the following shall apply:
a) In such case, the Client (AG) may terminate the contract subject to the following provisions:
· The termination must be declared in text form and must state the circumstances which, in the opinion of the terminating party, justify the termination. If, in the case of termination by the Client (AG), no such reference to unavoidable and extraordinary circumstances together with a corresponding explanation is provided, the declaration of the Client (AG) shall be treated as an ordinary cancellation subject to charges. Subsequent reliance on a right of termination due to unavoidable and extraordinary circumstances shall not be possible.
· Only such circumstances as directly affect the performance of services by POV and/or EBK shall justify termination on the grounds of unavoidable and extraordinary circumstances. Accordingly, where the conduct of the trip or the provision of the contractual arrangement services or ticket services is impeded, endangered or adversely affected by circumstances occurring at the travellers’ place of departure or residence, en route to the contractual destinations, in the vicinity of such locations, or otherwise within the sphere of risk of the Client (AG), this shall not justify termination on such grounds. In the case of transport organised by the Client (AG) itself, this shall apply in particular to road closures, airspace closures, failure of means of transport, or other operational disruptions affecting the Client (AG).
· In the event of a justified termination due to unavoidable and extraordinary circumstances, POV and/or EBK may invoice the Client (AG) for costs amounting to one-half of the amount that would have been payable as a cancellation charge had the contract been cancelled subject to charges at the date on which the notice of termination was received by POV and/or EBK, unless mandatory legal provisions, in particular following the entry into force of the revised package travel legislation based on Directive (EU) 2026/1024, provide otherwise. POV and/or EBK reserve the right to claim one-half of their actual, specifically quantified and documented costs. In all cases, the Client (AG) shall remain entitled to prove that POV and/or EBK incurred no costs or substantially lower costs than those upon which the claim is based.
· With regard to a failure to achieve the minimum purchase quantities specified in Clause 4 as a result of terminations due to unavoidable and extraordinary circumstances, reference is made to the provisions of Clause 4.2(d).
b) All other additional costs arising as a result of unavoidable and extraordinary circumstances during the trip or event shall be borne by the Client (AG). This shall apply in particular to additional personnel costs incurred by the Client (AG) and to costs resulting from participants of the Client remaining at the place of performance beyond the agreed travel or contractual period for accommodation services.
13. The Client’s Obligations Regarding Personal Injury and Property Damage During the Provision and Use of Services; Handling of Complaints, Legal Disputes with Customers, and Service Documentation
13.1. The Client (AG) shall be obliged to inform POV and/or EBK without undue delay of any personal injury or property damage occurring during the provision or use of services or during the event, insofar as it may be considered that POV and/or EBK could be liable to the Client (AG) or its participants for damages arising from such events. Where POV has provided the Client (AG) with an emergency contact number for this purpose, the Client shall communicate such number to its tour leaders or other authorised representatives.
13.2. In the event of such an occurrence, the Client (AG) shall secure all evidence, in particular the names and addresses of any potential witnesses. The Client shall arrange for the incident to be officially recorded by the police and for the preservation of data and documentation by the relevant investigating authorities.
13.3. The Client (AG) shall take all measures capable of preventing, excluding or mitigating any damage incurred.
13.4. The Client (AG) shall ensure compliance with the foregoing obligations by providing appropriate instructions to its tour leaders, employees and other agents or representatives.
13.5. If the Client (AG) wishes to assert claims against POV and/or EBK on the basis that participants of its tours or other customer clients have raised corresponding claims against the Client, the Client shall inform POV and/or EBK without undue delay by providing all relevant information and documentation, in particular complaint letters. This obligation to inform shall also include notification by the Client (AG) as to whether and to what extent it maintains liability insurance in respect of the claims asserted against it, whether such matter has been reported to its insurer, and, where applicable, the communication details and claim reference number of the relevant liability insurer.
13.6. Before settling any claims raised by its participants, the Client (AG) shall, insofar as it intends to assert corresponding claims against POV and/or EBK, consult and coordinate with POV and/or EBK beforehand. If such coordination does not take place, the Client (AG) may claim against POV, by way of damages or price reduction, only those amounts to which the customer would have been entitled under applicable law and established case law.
13.7. In the case of personal injury claims as a general principle, and in the case of property damage claims where customer claims exceed EUR 2,000, the Client (AG) shall, upon request by POV, be obliged to commence legal proceedings against the customer and, within such proceedings, formally notify POV and/or EBK of the dispute (third-party notice), provided that POV or its liability insurer contests such claims either in principle or as to amount.
13.8. The Client (AG) shall be obliged to review travel documents, vouchers and all other documents for accuracy, completeness and conformity with the contractual agreements, and to notify POV without undue delay of any substantive errors or missing documentation. If the Client fails to do so despite the error being recognisable, all resulting consequences shall be borne by the Client to the extent that POV and/or EBK could have remedied the error if notified promptly.
13.9. The dispatch of travel documents, in particular admission tickets, vouchers and other documents, shall take place at the risk of the client. POV and/or EBK shall not be liable for the loss of such documents during transmission unless such loss was caused by intent or gross negligence on the part of POV and/or EBK or their vicarious agents.
14. Limitation of Liability
14.1. POV and EBK shall, in respect of their own respective service components, not be liable for any services or parts of services of whatever kind that are offered, organised, performed and/or made available by the Client (AG) in addition to the services of POV or EBK, whether or not POV or EBK has knowledge thereof. This includes in particular:
a) journeys to and from the place of performance contractually agreed with POV or EBK, as well as transportation during the provision and use of services, where such transportation is organised by the Client (AG);
b) events, trips, excursions, meetings and similar activities that are not included within the scope of services of POV or EBK and which take place before or after, or at the location of, the provision and use of services.
14.2. POV and EBK shall in particular not be liable for any consequences or resulting costs, including any impairment of the contractual services owed by POV or EBK or of the overall performance of such services, where these are caused by the course, organisation or execution, and especially by disruptions or failures, of travel services, tours, events, meetings or other activities organised and performed by the Client (AG) itself.
14.3. POV and EBK shall not be liable for any acts or omissions of the Client (AG) and/or its managers, tour leaders, coach drivers, or any tour guide merely arranged by POV or EBK, before, during or after the trip, in particular not for:
· changes to the contractual services that have not been agreed with POV or EBK;
· instructions given to local guides, service providers or agencies;
· special arrangements made with individual service providers;
· information, statements or assurances given to the Client’s customers.
14.4. Where the warranty obligations or liability of POV or EBK towards the Client (AG) are linked to the travel price, only the service price agreed between the Client (AG) and POV or EBK shall be relevant, without taking into account any margin, mark-up, surcharge or supplement of whatever nature that has been incorporated into or additionally charged as part of the travel price by the Client (AG).
14.5. Except where warranty obligations or liability of POV or EBK arise from claims by participants of the Client (AG) relating to injury to life, body or health, or where, in relation to other claims, POV or EBK is guilty of gross negligence or wilful misconduct, liability for consequential damages shall generally be excluded. This applies in particular to payments made by the Client (AG) to its participants as compensation for loss of holiday enjoyment, and to losses arising from the absence of follow-up bookings by affected participants or participant groups of the Client (AG).
14.6. International limitations of liability shall also apply in the relationship between POV and EBK and the Client (AG), provided that liability of POV or EBK exists in principle. Where accompanying persons or tour guides are arranged at the request of the Client (AG) and pursuant to a corresponding contractual agreement, such persons shall not be agents, vicarious agents or servants of POV or EBK. Accordingly, POV or EBK shall not be liable for their services, actions, omissions, or any breach of contractual or statutory obligations, including any resulting travel defects, disruptions to travel arrangements, service failures, personal injury or property damage, unless such damage or the relevant claim has been caused by a breach of duty attributable to POV or EBK itself.
15. Termination by POV and EBK for good cause
15.1. POV and EBK shall each be entitled to terminate their cooperation with the Client (AG) for good cause by extraordinary notice. Depending on the seriousness and urgency of the grounds for termination, such termination may be effected with immediate effect or, where immediate termination is not required, subject to an appropriate notice period. Any termination shall always affect all service packages concerned by the termination, consisting of arrangement services provided by POV and ticket services provided by EBK. Accordingly, any termination by POV and EBK shall never be limited solely to individual components of a service package, such as only arrangements, only individual arrangement services, only admission tickets, or only individual ticket-service components. In this regard, particular reference is made to the provisions of Clauses 1.1 and 9.
15.2. An extraordinary termination under the provisions of this section may, insofar as this is appropriate taking into account the circumstances of the individual case and the legitimate interests of the Client (AG), also include the cancellation of existing service bookings. Following a notice of termination, POV and EBK shall be entitled to cancel booked service-package allotments in whole or in part where continuation of the services within the framework of the terminated cooperation is no longer reasonable or no longer practically appropriate. In such event, POV and EBK shall be entitled to claim damages from the Client (AG) in accordance with the contractually agreed cancellation provisions set out in Clause 8.
15.3. The right to extraordinary termination shall exist in addition to any statutory rights of termination, in particular pursuant to Section 314 BGB. Accordingly, good cause shall exist where circumstances arise which, taking into account all circumstances of the individual case and balancing the interests of both parties, render continuation of the cooperation until the ordinary end of the contract unreasonable for POV or EBK, and where the Client (AG) has failed to remedy the relevant breach despite having received a warning and a reasonable period for cure. In the case of particularly serious, irremediable or urgent breaches of duty, or in the presence of other compelling grounds where a warning and cure period would clearly serve no useful purpose, or where immediate termination is necessary to avoid significant disadvantages, a warning or cure period shall not be required pursuant to Section 314(2) sentence 2 BGB.
15.4. Good cause for extraordinary termination of the contract shall exist in particular where:
a) the Client (AG) is more than 30 days in default of a due payment after the due date and receipt of an invoice or equivalent payment request, and POV or EBK has unsuccessfully granted the Client a reasonable period for payment; or
b) the Client (AG) repeatedly or to a material extent makes payments only after expiry of the applicable payment periods, thereby significantly jeopardising the economic viability of the cooperation, and POV or EBK has previously issued a warning and granted a reasonable period for sustainable improvement of the Client’s payment behaviour. In the event of particularly serious payment defaults, especially a general cessation of payments, termination may be effected without a prior grace period insofar as a grace period is unnecessary under Section 314(2) sentence 2 BGB; or
c) the conduct of the Client (AG), including its dealings with customers, authorities, the media, or other third parties, is capable of materially impairing or damaging the reputation, standing or goodwill of POV, EBK, or the Passion Play 2030, and the Client (AG) fails to eliminate such reputational risk despite a warning and a reasonable cure period. In the case of particularly serious conduct or statements damaging to reputation, where there is a concrete and substantial risk of lasting harm to reputation and an immediate response is necessary, POV or EBK may terminate the cooperation with immediate effect without prior warning; or
d) the Client (AG) persistently or repeatedly breaches mandatory consumer-protection requirements or other legal provisions applicable within the customer source markets in which the Client operates, acquires customers or markets its services, and fails to cease such breaches despite a warning and reasonable cure period. In cases of particularly serious or irremediable breaches (including criminal offences, serious consumer misrepresentation, or flagrant breaches of regulatory requirements), where continuation of the cooperation would clearly be unreasonable, termination may be effected without prior warning or cure period; or
e) insolvency proceedings are opened over the assets of the Client (AG);
· or the opening of such proceedings is finally refused due to insufficient assets;
· a provisional insolvency administrator is appointed, or the Client (AG) generally suspends payments; or
· it otherwise becomes apparent in a comparable manner that the Client (AG) will, in all likelihood, be permanently unable to fulfil its contractual payment obligations. The mere filing of an insolvency petition by the Client (AG) or a creditor shall not in itself be sufficient. Rather, the decisive factor shall be the material risk to proper contractual performance demonstrated by the circumstances referred to in the first sentence above. Any statutory insolvency-law restrictions on termination rights shall remain unaffected.
15.5. Any extraordinary termination must be declared in text form. It must be exercised within a reasonable period after the party entitled to terminate becomes aware of the facts giving rise to the termination.
16. Industrial Property Rights, Materials, and Documents
16.1. The Client (AG) shall respect all intellectual property rights and proprietary rights of POV and EBK, in particular trademark rights, image rights, copyrights and domain name rights. This shall apply in particular to brochure texts, service descriptions, graphics, logos, forms, images, as well as the contracts and terms and conditions used by POV and EBK (hereinafter collectively referred to as the “Content and Works”).
16.2. To the extent that the Client (AG) is permitted to use such Content and Works, such permission shall be limited to the arrangement services and ticket services provided or arranged by POV and EBK and shall be granted exclusively to the Client (AG). This permission shall also include the promotion of the Client’s related offers by sales agencies, provided that such agencies have been contractually bound by the Client (AG) to the corresponding extent.
16.3. Any use beyond the scope described above, or any authorisation or transfer of the right to use the Content and Works to third parties, shall in every individual case require the prior express written consent of POV and/or EBK.
17. Privacy Policy
17.1. POV and EBK collect, store and process data relating to the Client (AG), the employees of the Client (AG), the participants/travellers of the Client (AG), and the circumstances relevant to the contractual relationship, for the purposes of this Agreement. The Client (AG) consents to such collection, storage and processing.
17.2. POV and EBK shall be entitled, for the purposes of and for the duration of this Agreement, to disclose the data of the Client (AG) to third parties (for example, service providers). The Client (AG) hereby consents to such disclosure.
17.3. The Client (AG) undertakes to process all personal data received from POV and EBK in connection with the contractual relationship at all times and exclusively in accordance with the applicable data protection laws and regulations.
18. Amendments to These Terms and Conditions; Prohibition on Assignment; Jurisdiction; Governing Language Version
18.1. The following provisions shall apply to the assertion of claims by the Client (AG) against POV and EBK arising out of the entire contractual and legal relationship:
18.2. Contractual claims of the Client (AG) arising from injury to life, body or health of the proprietor, managing directors, employees or participants of the Client (AG), where such injury is caused by an intentional or negligent breach of duty by POV and/or EBK or by a legal representative or vicarious agent of POV and/or EBK, shall become time-barred after three (3) years. The same shall apply to claims for compensation for other losses arising from an intentional or grossly negligent breach of duty by POV and/or EBK or by a legal representative or vicarious agent of POV and/or EBK.
18.3. All other contractual claims shall become time-barred after two (2) years.
18.4. The limitation period for claims under the foregoing provisions shall commence at the end of the year in which the claim arose and in which the Client (AG) became aware, or ought to have become aware without gross negligence, of the facts giving rise to the claim against POV and/or EBK and of the identity of POV and/or EBK as the party against whom the claim is asserted.
18.5. Any provisions concerning longer or shorter limitation periods contained in international conventions and agreements, or in regulations of the European Union applicable to the legal or contractual relationship between POV and/or EBK and the Client (AG), shall remain unaffected, provided that any longer limitation periods shall apply for the benefit of the Client (AG) where such longer limitation periods cannot validly be excluded even in contracts concluded between businesses or merchants. If negotiations are ongoing between the Client (AG) and POV and/or EBK concerning the claim or the circumstances giving rise to the claim, the limitation period shall be suspended until either the Client (AG) or POV and/or EBK refuses to continue the negotiations. The limitation period shall expire no earlier than three months after the end of such suspension.
19. Amendments to these Terms and Conditions; Prohibition on Assignment; Jurisdiction; Governing Language Version
19.1. These Terms and Conditions and the price lists for arrangement services and ticket services may be amended or adjusted by POV and EBK at any time until the conclusion of the Oberammergau Passion Play 2030. Any such amendment or adjustment shall be communicated in writing by e-mail or by post at least 14 days prior to the effective date of the amendment. Receipt of the notice of amendment by the Client (AG) shall be decisive. In respect of service-package bookings already existing and made by the Client (AG) before the amendments take effect, the Terms and Conditions and price lists applicable prior to the amendment shall continue to apply unchanged. If the Terms and Conditions are amended by POV and EBK in accordance with these provisions and the Client (AG) is not willing to accept such amendments, the Client may notify POV and EBK in writing within 10 days of receipt of the amendment notice. In such event, the Client (AG) shall no longer be permitted to make any further service-package bookings. If the Client (AG) does not provide timely notice, the amended Terms and Conditions and price lists shall apply to bookings made by the Client from the date on which such amendments take effect.
19.2. Without the prior express consent of POV and/or EBK, the Client (AG), insofar as it is registered as a tour operator, shall not be entitled to assign its entitlement to the contractual services to third parties, in particular other travel companies, nor to make such services available or accessible to them in any other manner.
19.3. The assignment of any warranty claims or claims for damages of the Client (AG) against POV and/or EBK to third parties, in particular to customers, is excluded. Likewise excluded is the assertion of such claims by third parties in their own name on the basis of corresponding authorisation granted by the Client (AG). Statutory transfers of claims to employers, social security institutions and other entities shall remain unaffected.
19.4. Exclusive Jurisdiction. The exclusive place of jurisdiction for any legal disputes between POV and/or EBK and the Client (AG) shall be the location of the principal place of business of POV and/or EBK. This shall not apply where mandatory provisions concerning jurisdiction and the choice of forum contained in German law, international conventions and agreements, or regulations of the European Union applicable to the legal and contractual relationship cannot validly be amended or excluded even in contracts between businesses. 1.5. These Terms and Conditions, including the EBK Ticket Terms and Conditions reproduced in this document, may be provided in addition to the German version in an English translation. The English version is supplied solely for informational purposes and shall not constitute an independent contractual version. In the event of discrepancies, inconsistencies or differing interpretations, the German version alone shall be authoritative.
© All rights reserved; Noll | Hütten | Dukic Attorneys at Law, Stuttgart | Munich 2026
Date of this version: September 23, 2026
TICKET TERMS AND CONDITIONS OF THE MUNICIPALITY OF OBERAMMERGAU
1. Contracting Party
1.1. The contracting party in relation to the agreement governing attendance at the Oberammergau Passion Play (the “Ticket Agreement”) is the Municipality of Oberammergau, Municipal Cultural Enterprise (Eigenbetrieb Kultur), Ludwig-Thoma-Straße 10, 82487 Oberammergau, represented by the First Mayor, Florian Schwarzfischer.
1.2. The contractual counterparty of the Municipality of Oberammergau is referred to as the “Customer”.
1.3. Passionsspiele Oberammergau Vertriebs GmbH & Co. KG, Ludwig-Thoma-Str. 10, 82487 Oberammergau (“POV”), acts in the name and on behalf of the Municipality of Oberammergau in connection with the conclusion and administration of the Ticket Agreement. POV shall not become a contractual party of the Customer in relation to the Ticket Agreement.
1.4. POV is authorised, in the name of the Municipality of Oberammergau, to receive and issue all declarations necessary for the conclusion, administration and any withdrawal from the Ticket Agreement, including without limitation reminders and notices of withdrawal.
2. Requirements for Contract Conclusion; Contractual Penalty for False Statements
2.1. The Customer declares that he/she enters into the agreement solely for private and not for business purposes. The Customer further declares that, including this agreement, he/she has ordered no more than six (6) tickets in total and holds no more than six (6) tickets in total. The Customer further acknowledges that, in accordance with these Ticket Terms and Conditions of the Municipality of Oberammergau, only a limited allotment of discounted tickets is available. If the Customer wishes to claim such a discount, the Customer must, prior to concluding the agreement with Passionsspiele Oberammergau Vertriebs GmbH & Co. KG and without being requested to do so, provide appropriate evidence that the eligibility requirements set out in these Ticket Terms and Conditions are satisfied.
2.2. If the declaration referred to in Clause 2.1 is incorrect, the Customer shall pay a contractual penalty determined by the Municipality of Oberammergau at its reasonable discretion, subject to review by the competent court in the event of a dispute. The obligation to pay the contractual penalty shall not apply if the Customer is not at fault.
2.3. In the event of a culpable breach of Clause 2.1, the Municipality of Oberammergau shall be entitled to withdraw from the agreement.
2.4. The Customer further declares that he/she is at least 18 years of age.
3. Description of Services
3.1. The service owed by the Municipality of Oberammergau under the agreement consists of permitting the Customer to attend the Oberammergau Passion Play 2030 (the “Passion Play”) on the agreed date and in the agreed category.
3.2. The ticket itself does not embody any independent right or claim. Rights and obligations exist solely pursuant to the agreement concluded between the Municipality of Oberammergau and the Customer.
3.3. Upon receipt of the ticket, the Customer shall enter his/her name on the ticket.
3.4. The Municipality of Oberammergau shall, however, be entitled to perform the agreement by providing the contractual service to the holder of the ticket, irrespective of whether such person is also the contractual Customer of the Municipality of Oberammergau.
3.5. For the avoidance of doubt, the Ticket Agreement does not include catering services or materials such as, for example, a text booklet.
3.6. A major intermission shall take place. If the performance is cancelled before the major intermission, the Customer shall be entitled, upon request, to a refund of the amount paid (excluding the advance booking fee). If the performance has proceeded at least until the major intermission and cannot thereafter continue for reasons not attributable to the Municipality of Oberammergau, the Customer shall have no claims whatsoever, including no entitlement to a refund of the amount paid.
4. Payment; Returned Direct Debit Charges
4.1. The Customer shall pay the agreed price immediately upon conclusion of the agreement using one of the payment methods offered.
4.2. The Customer shall be required to make payment in advance.
4.3. If the Customer fails to pay the amount due in accordance with the agreed payment deadlines, despite the Municipality of Oberammergau being ready and able to provide the contractual services, having fulfilled its statutory information obligations, and no statutory or contractual right of set-off or retention existing in favour of the Customer, and if the Customer is responsible for the delay in payment, the Municipality of Oberammergau shall be entitled, after issuing a reminder and granting an additional payment period which expires without payment, to withdraw from the Ticket Agreement. Where a specific deadline is stated in the reminder, payment must have been credited by that date.
4.4. The Municipality of Oberammergau uses service providers for the administration of the agreement. Such service providers are also responsible for payment processing and are therefore authorised to collect payments on behalf of the Municipality of Oberammergau.
4.5. If the payment method “direct debit” has been offered and selected in the individual case and the direct debit cannot be collected when due (“returned direct debit”), the Customer shall reimburse the Municipality of Oberammergau for the direct debit return charges invoiced to it.
4.6. The obligation to pay returned direct debit charges shall not apply if the Customer is not responsible for the failed collection.
4.7. The Customer shall be entitled to prove that the Municipality of Oberammergau has suffered no damage or substantially less damage than the amount claimed as returned direct debit charges.
5. Discounted Tickets
5.1. A limited allotment of discounted tickets is available.
5.2. Subject to availability, pupils and students up to the age of 25 and persons with disabilities (degree of disability of at least 70) may conclude an agreement at a discounted price for Ticket Categories 2 to 5, provided that they are pupils or students both at the time of contract conclusion and at the time of the performance and have not yet reached the age of 25.
5.3. Wheelchair users may likewise, subject to availability, conclude an agreement at a discounted price. Any accompanying person shall pay the full ticket price.
5.4. Eligibility for the discount must be demonstrated at admission. Pupils and students must present a valid pupil or student identification card valid on the date of admission and additionally provide an official identity card.
5.5. If the required proof is not provided, admission shall only be granted if the difference between the discounted ticket price and the applicable full ticket price is paid on site.
6. Admission
6.1. Admission shall commence one hour before the start of the performance. The Customer must be seated in the assigned seat by the scheduled start time of the performance.
6.2. After the start of the event, admission shall only be permitted insofar as entry does not interfere with the performance and provided that admission remains open. The Municipality of Oberammergau shall determine this at its reasonable discretion.
7. Reservation of the Right to Change the Performance Start Time
7.1. As a general rule, the Municipality of Oberammergau shall stage the Passion Play on the agreed date at the announced time.
7.2. The Municipality of Oberammergau shall be entitled to stage the Passion Play on the agreed date at a different time if an important reason exists that could not have been foreseen at the time of conclusion of the agreement and if the alternative time is reasonable for the Customer. Important reasons for changing the performance start time include, in particular, governmental orders and force majeure. A performance start time before 12:00 noon or after 7:00 p.m. shall be deemed unreasonable for the Customer.
7.3. The Municipality of Oberammergau shall promptly publish any change to the start time on its website. It shall be the responsibility of the Customer to check, 48 hours before the announced start of the event, for any changes by calling +49 8822 835 93 30 or by visiting www.passionsspiele-oberammergau.de.
8. Pandemic Clause; Force Majeure
8.1. The Municipality of Oberammergau shall be entitled to cancel the Passion Play in whole or in part, restrict the number of spectators, or change the duration of the performance if this is: (i) reasonably required, in the opinion of the Municipality of Oberammergau, for reasons of health protection and infection prevention, particularly with regard to spectators, performers or staff; (ii) due to an event of force majeure; (iii) ordered by a governmental authority; or (iv) required by law. Should such circumstances result in a reduction of available seating capacity, the Municipality of Oberammergau may, at its reasonable discretion, determine which seats may be occupied. If the foregoing circumstances result in the Customer being unable to attend the event, either the Customer or the Municipality of Oberammergau may withdraw from the Ticket Agreement. The Municipality of Oberammergau may offer the Customer the opportunity to rebook attendance for another performance date or to receive a refund of the ticket price paid (excluding any advance booking fee). To the extent permitted by the law in force at the relevant time, the Municipality of Oberammergau may instead issue a voucher for attendance at the Passion Play on another date. Any further claims by the Customer, such as hotel or travel expenses, shall be excluded unless liability of the Municipality of Oberammergau exists pursuant to Clause 18 of these Ticket Terms and Conditions.
8.2. The Municipality of Oberammergau and/or POV shall regularly provide current information regarding such circumstances on the website www.passionsspiele-oberammergau.de. Customers are requested to keep themselves regularly and promptly informed about the current situation.
8.3. Other important grounds for withdrawal, including force majeure, shall remain unaffected.
9. No Right of Cancellation Free of Charge
If the Customer does not make use of the agreed services, in whole or in part, without such non-use being attributable to the Municipality of Oberammergau, in particular by failing to attend the relevant performance without terminating the agreement, despite the Municipality of Oberammergau being ready and able to provide the services, the Customer shall have no entitlement to a refund of payments already made. The statutory provision of Section 615 sentences 1 and 2 BGB shall apply to remuneration: the agreed remuneration shall remain payable without any entitlement to subsequent performance. The Municipality of Oberammergau shall, however, allow credit for expenses saved and for any remuneration obtained, or maliciously failed to obtain, through alternative use of the agreed services.
10. Reservation of the Right to Change the Seat
10.1. As a general rule, the Customer may occupy the agreed seat during the Passion Play performance.
10.2. The Municipality of Oberammergau shall be entitled to assign the Customer a different seat if an important reason exists that could not have been foreseen at the time of conclusion of the agreement and if the newly assigned seat is reasonable for the Customer. Such important reasons include cases where the contractually agreed seat is no longer available, for example due to governmental orders, damage, or a circumstance referred to in Clause 8. A replacement seat shall only be deemed reasonable if it is within the same ticket category. 10.3. If an important reason exists but no seat is available in the same category, the Customer shall, subject to availability, be assigned a seat in a lower category. In such case, the Customer may request reimbursement of the difference between the ticket price paid and the applicable price of the lower category ticket.
11. Obligations of the Customer in Relation to the Ticket
11.1. The Customer shall enter his/her name on the ticket immediately upon receipt.
11.2. The Customer shall present the ticket upon admission. Admission checks will be conducted.
11.3. Upon request at admission, the Customer shall present an official identity card in order to verify that the person named on the ticket is the same as the holder of the ticket.
11.4. The Customer shall keep the ticket in his/her possession at all times during the performance and present it upon request.
11.5. The Customer shall make the ticket available for inspection at any time, in particular for the detection of counterfeit tickets. Upon request, the Customer shall explain how he/she came into possession of the ticket and on what contractual basis (specific contract conclusion) he/she is attending the event. If it is established that the Customer was admitted with a counterfeit ticket, the Customer shall be required to leave his/her seat upon instruction.
11.6. Any alteration of the ticket (except the insertion of a name) is prohibited and shall render the ticket invalid. Such alteration shall entitle the Municipality of Oberammergau to refuse admission. This shall apply in particular where the price printed on the ticket has been obscured.
12. Loss of a Ticket
12.1. The following provisions shall apply if the Customer loses a ticket.
12.2. The Customer may contact POV, which shall review the matter on behalf of the Municipality of Oberammergau.
12.3. In this context, the Customer must truthfully complete the form provided, agree to any applicable processing fee, and submit evidence of the contract conclusion together with a copy of an identity document. The matter shall then be reviewed. The Municipality of Oberammergau may determine, at its reasonable discretion, whether a replacement ticket shall be issued. In such case, the lost ticket shall become invalid.
13. Obligations of the Customer When Attending the Passion Play
13.1. The Customer shall wear appropriate clothing and conduct himself/herself appropriately when attending the Passion Play so as to respect the character of the event.
13.2. The Customer shall refrain from making any audio, photographic and/or video recordings of the Passion Play.
13.3. The Customer acknowledges that audio, photographic and/or video recordings may be made during the Passion Play which may include audience members, including the Customer, and which may be commercially exploited without restriction in the ordinary course of business, without any entitlement of audience members, including the Customer, to compensation.
13.4. The Customer shall not bring animals to the Passion Play. In particular, dogs are prohibited, except for guide dogs for the blind, which are generally permitted.
13.5. The Customer shall not bring or carry any of the following items: food, beverages, bags exceeding DIN A4 size, pyrotechnic materials, weapons, fireworks, or other dangerous objects.
13.6. Bag inspections and personal security checks may be carried out as part of admission procedures. Such checks shall be tolerated to a reasonable extent.
13.7. Smoking within the building is prohibited.
13.8. During performances, the Customer shall ensure that devices (e.g. mobile phones or smartphones) are configured so that they do not disturb the performance through sound, vibration or light signals.
13.9. Attendance at the Passion Play shall be subject to the “Passion Play 2022 House Rules” of the Municipality of Oberammergau, which are displayed at appropriate locations at the performance venue, in particular at the entrance.
13.10. The Municipality of Oberammergau may require compliance with reasonable hygiene and infection-control measures, such as the wearing of protective masks, the provision of names and contact details, temperature checks, disinfection procedures, or health self-declarations. The Municipality of Oberammergau reserves the right to deny admission if the Customer fails to comply with such requirements after being requested to do so. No refund shall be granted in such cases.
14. Consequences of Breach of Obligations by the Customer
The Municipality of Oberammergau shall be entitled, in the event of a breach of obligations by the Customer, to exercise its house rights and remove the Customer from the event venue following a prior warning or, where good cause exists, even without a prior warning.
15. Purchase of Multiple Tickets
15.1. The Customer may conclude an agreement covering up to six (6) tickets. Even in such case, only a single agreement shall be concluded with the Customer.
15.2. In such event, the Municipality of Oberammergau shall perform the agreement with the Customer by also granting admission to the Passion Play, upon presentation of the relevant ticket, to those persons to whom the Customer has transferred the additional tickets purchased, on the agreed date and in the agreed category.
15.3. The Customer shall ensure that these Terms and Conditions are also made available to the other persons.
15.4. The Municipality of Oberammergau’s obligation to grant admission to such other persons shall be subject to the following conditions: (i) the other persons undertake, for the benefit of the Municipality of Oberammergau, to be bound by these Terms and Conditions in the same manner as the Customer; and (ii) such persons are consumers.
15.5. Upon receipt of the tickets, the Customer shall complete the name field on each ticket and enter the name of the relevant additional person.
15.6. As a further condition for admission, the ticket holder must, upon request at the entrance, expressly state and, if required, confirm in text form how he or she came into possession of the ticket.
15.7. The minimum age for attending the Passion Play is six (6) years. Accordingly, the Customer may only transfer a ticket to a person who is at least six (6) years old.
15.8. Under no circumstances may the Customer conclude one or more agreements for a total of more than six (6) tickets. The Municipality of Oberammergau and POV shall review the data available to them in order to determine whether a Customer is attempting to conclude, or has concluded, agreements covering more than six (6) tickets.
16. Requirements for Assignment
16.1. As a general rule, the Customer may not assign the right to performance under the agreement with the Municipality of Oberammergau.
16.2. Assignment of the right to performance shall only be permitted where: (i) the Municipality of Oberammergau has granted its consent; (ii) the Customer has provided the Municipality of Oberammergau in advance with the name and contact details of the assignee; (iii) the assignee undertakes, for the benefit of the Municipality of Oberammergau, to be bound by these Terms and Conditions in the same manner as the Customer; (iv) the relevant ticket is transferred together with the assignment; and (v) the assignee is a consumer. All of the foregoing conditions shall apply cumulatively. The Municipality of Oberammergau may refuse its consent where it has a legitimate interest in doing so. Such legitimate interest shall exist in particular where the ticket is intended to be assigned to a person who is subject to a ban from the venue imposed by the Municipality of Oberammergau.
16.3. Upon request at the entrance, the ticket holder shall expressly state and, if required, confirm in text form how he or she came into possession of the ticket.
17. Restrictions on the Sale of Tickets
17.1. The Customer may sell the ticket only if, simultaneously with such sale, a valid assignment of the right to performance against the Municipality of Oberammergau pursuant to Clause 16 is ensured. Apart from this, the Customer shall refrain from selling and/or offering the ticket for sale.
17.2. If the Customer breaches any of the foregoing obligations, the Customer shall pay a contractual penalty determined by the Municipality of Oberammergau at its reasonable discretion and subject to review by the competent court in the event of a dispute. The obligation to pay the contractual penalty shall not apply if the Customer is not at fault. Furthermore, in the event of such breach, the Municipality of Oberammergau shall be entitled to block the ticket and, in particular, to refuse admission upon presentation of that ticket.
18. Limitation of Liability
The Municipality of Oberammergau shall have unlimited liability: • where the damage results from the breach of an essential contractual obligation, the fulfilment of which is indispensable for the proper performance of the Ticket Agreement or the breach of which jeopardises the achievement of the contractual purpose; • where the damage results from injury to life, body or health. In all other respects, the liability of the Municipality of Oberammergau shall be limited to damages caused intentionally or by gross negligence on the part of the Municipality of Oberammergau or its vicarious agents.
19. Data Protection
19.1. The data provided shall be collected, stored, processed and used for the purpose of performing the agreement. Performance of the agreement also includes the collection, storage, processing and use of such data within the framework of a security concept for the Oberammergau Passion Play 2022. Such security concept may, for example, include notifying a designated mobile telephone number of a specific assembly point or warning persons before entering a particular area.
19.2. The Customer’s e-mail address shall be used for direct marketing of similar goods or services unless the Customer has objected to such use. The Customer may object at any time to the use of the e-mail address for direct marketing purposes without incurring any costs other than the transmission costs according to the basic tariffs. Such objection may be submitted, in particular, as follows: By post to:
Passionsspiele Oberammergau Vertriebs GmbH & Co. KG,
Ludwig-Thoma-Str. 10, 82487 Oberammergau
By e-mail to: support@oberammergau.de
By telephone: +49 8822 835 93 30 By fax: +49 8822 949 88 76
20. No Right of Withdrawal
The Municipality of Oberammergau notes that, pursuant to the statutory provisions (Section 312g(2) Sentence 1 No. 9 BGB), Ticket Agreements as contracts for services related to leisure activities concluded by means of distance communication (including letters, catalogues, telephone calls, telefax, e-mail, SMS messages, broadcasting and telemedia) are not subject to any right of withdrawal. Instead, only the statutory provisions relating to non-utilisation of services (Sections 611 et seq., 615 BGB) shall apply. A right of withdrawal shall, however, exist where the agreement was concluded outside business premises and not by distance communication, unless the oral negotiations leading to the conclusion of the agreement were conducted at the prior request of the consumer. In the latter case, no right of withdrawal shall exist.
21. Provision of Information in Digital Form
The Customer agrees that information may be provided in digital form, in particular by e-mail in PDF format, provided that the Customer has supplied an e-mail address.
22. Prevailing Version
The English version of these Terms and Conditions is provided solely for informational purposes. Only the German version of these Terms and Conditions shall be legally binding for the agreements.
23. Alternative Dispute Resolution; Governing Law and Jurisdiction
23.1. With reference to the German Consumer Dispute Resolution Act, the Municipality of Oberammergau notes that it does not participate in voluntary consumer dispute resolution proceedings. Should participation in consumer dispute resolution become mandatory after publication of these Ticket Terms and Conditions, the Municipality of Oberammergau shall inform consumers in an appropriate manner. For all Ticket Agreements concluded electronically, the Municipality of Oberammergau refers customers to the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.
23.2. For Customers who are neither citizens of a Member State of the European Union nor Swiss nationals, German law shall exclusively govern the entire legal and contractual relationship between the Customer and the Municipality of Oberammergau. Such Customers may bring claims against the Municipality of Oberammergau only before the courts having jurisdiction at its registered seat.
23.3. For actions brought by the Municipality of Oberammergau against Customers who are merchants, legal entities under public or private law, or persons whose residence or habitual place of residence is abroad, or whose residence or habitual place of residence is unknown at the time proceedings are commenced, the place of jurisdiction shall be the registered seat of the Municipality of Oberammergau.