Hofbräu Festzelt (Hofbräu Marquee)

1. Establishment of a legal relationship and scope of application for these GTCs
These GTCs apply to the legal relationship that is established between the Hofbräu Festzelt (hereinafter referred to as "Festzelt") and the customer in question as a result of the purchase of table reservations, including food and beverage vouchers. These GTCs apply exclusively to that contract. Other contractual terms or terms and conditions of business shall not become part of the contract, even if Festzelt does not explicitly object to them. The validity of the legal relationship referred to in sentence 1 is subject to the condition precedent that the city of Munich has granted a marquee licence.

2. Subject of the agreement, orders, conclusion of contract and Right of Attendance
2.1 Subject of the agreement: the subject of the contract is the reservation of tables and/or boxes in the Festzelt (marquee) on a specific day for a specific period of time on the occasion of the Munich Oktoberfest together with the purchase of food and beverage vouchers as an agreed minimum level of consumption (hereinafter: "Reservations"). Reservations can only be made for a table. A Reservation will require a minimum purchase of food and beverage vouchers per person. In the event of a Reservation, the customer will be provided with the seats for the number of people specified in the Reservation for the agreed Reservation time. The food and beverage vouchers can be redeemed during one's stay at the agreed reservation time in the Festzelt (marquee). Seating requests will be taken into account as far as possible. However, specific tables or boxes cannot be guaranteed.
2.2 Reservation requests: Reservation requests can only be made via our website https://www.hb-festzelt.de/reservionen.html or by email to reservierung(at)hb-festzelt.de.
2.3 Online orders: for Reservation requests made via the website, Reservations are made as follows: to complete a Reservation, it is necessary to register on Festzelt's website. The overview provided there of available tables does not yet constitute the offer of a contract; rather, it is merely an invitation from Festzelt to the customer to submit an offer. The customer will submit a binding offer to conclude a contract using the online command provided for this purpose. Once the Reservation request has been received, the customer will receive a Reservation confirmation, which also constitutes acceptance of the offer.
2.4 Orders via email: For Reservation requests made via email, Reservations are made as follows: the customer sends an email, containing the desired date, time and number of table Reservations, to the email address: reservierung(at)hb-festzelt.de. Festzelt will then send the customer a corresponding offer to conclude a contract, if applicable. To accept this offer, the customer must fill out the relevant form and send it back to Festzelt. The customer will then receive a Reservation confirmation via email.
If the desired table is not available and/or the customer indicates in their Reservation request that they are flexible with regard to the exact date, time and seating arrangements, the customer may receive a preliminary confirmation. Such preliminary confirmations do not include any entitlement to a specific offer of a table for fixed dates at a later point in time. Upon receiving a specific table offer such as this, the customer must fill out the relevant form and return it to Festzelt in order to accept the offer. The customer will then receive a Reservation confirmation via email.
2.5 Offer from Festzelt by email: If Festzelt makes an offer to conclude a contract to the customer via email, the customer must fill out the relevant form and send it back to Festzelt in order to accept the offer. The customer will then receive a Reservation confirmation via email.
2.6 Right of Attendance: As the issuer of the Reservations, Festzelt does not wish to grant everyone access to the Festzelt (marquee) and the reserved spaces, but only those persons who have purchased the Reservation directly from Festzelt or as part of a permissible transfer in accordance with Section 7.3. Festzelt will therefore only grant the right to attend the event in question (hereinafter referred to as: the "Right of Attendance") to those persons who can be identified either by identifying characteristics printed on the Reservation confirmation or entry wristband (e.g., printed name) or who have procured Reservations as part of a permissible transfer in accordance with Section 7.3. To prove their identity, the visitor must carry a suitable official identification document (e.g., ID card, passport) and show this to Festzelt and/or persons commissioned by it (e.g., security personnel) upon request. Reservation confirmations and/or admission wristbands purchased via online sale or auction platforms not authorised by Festzelt or from other third parties will not convey any Right of Attendance under this Section and may result in legal consequences in accordance with Section 7.4. Festzelt will fulfil its obligations with regard to the Attendance Right of the customer or relevant owner of the Reservation confirmation and/or admission wristband by granting one-time access to the Festzelt (marquee), making the reserved seats available and allowing the food and beverage vouchers to be redeemed. Festzelt will also be released from its obligation to provide the service if the person in question cannot enter due to lacking the necessary means to identify themselves, as described above. Vouchers which cannot be redeemed as a result will also expire entirely.

3. Payment methods
3.1 Prices: Unless otherwise agreed, all prices are exclusive of delivery and shipping costs. Payments made to purchase food and beverage vouchers must be made within 14 days of the invoice date via bank transfer to the account specified in the invoice. Any transfer costs are to be borne by the customer, and in the case of Reservations from abroad, the customer must settle any "deduction during transfer" associated with foreign transfers that is incurred by Festzelt, or any fees incurred Festzelt as a result. In addition, a processing fee of EUR 2.00 per person included in the table reservation will be charged. In the Festzelt (marquee), payment can be made in cash or with an EC card; payment by credit card or cheque is not possible in the Festzelt (marquee).
3.2 Cancellation by Festzelt: if we do not hear from you within this period, this will be considered non-acceptance of the offer, and the offer here will be forfeited or the reservations blocked; the Reservation confirmations in question hereby
lose their validity. Any additional costs incurred will be refunded by the customer. Festzelt reserves the right to assert further claims for damages.

4. Festival operations, admission, food and beverage vouchers
4.1 Admission: Admission to the Festzelt (marquee) is only guaranteed for the customer and his guests if they have a Reservation confirmation and – if Festzelt has issued admission wristbands for this event – admission wristbands for the confirmed Reservation date. No food or drinks of any kind may be brought into the Festzelt (marquee). All reserved seats must be completely taken up. Festzelt will not be obliged to keep the reserved seats free for the customer for longer than 15 minutes after the start of the confirmed Reservation time.
4.2 Space: the Reservation is only valid for the table reservation specified in the Reservation confirmation and for the duration of the Reservation. Festzelt reserves the right to allocate the customer another table in the same sector in the event of unforeseen organisational and/or logistical requirements. Festzelt may allocate seats in table Reservations that are not occupied to other customers. When a customer leaves the Festzelt (marquee), their right to the reserved seats expires. Passing on drinks and/or food to people standing in the aisle is prohibited. The time-limited Reservations must be vacated once the Reservation period has expired, and the customer and their guests must leave the Festzelt (marquee) immediately. For safety reasons, remaining in the aisles after this period is prohibited, just as it is during the confirmed Reservation time.
4.3 Food and beverage vouchers: the food and beverage vouchers that have been purchased can be redeemed in the Festzelt (marquee) during the time period printed on them. They are only valid for Oktoberfest 2025. Refunds or cash payments to compensate for remaining voucher amounts or vouchers which have not been redeemed are not possible. Vouchers that have been purchased that were "surplus purchase" (i.e., food and beverage vouchers purchased by the customer in excess of the minimum consumption amount) expected can be returned and reimbursed by 30 st. November 2025 at the latest.

5. Collection
5.1 The food and beverage vouchers and, if applicable, admission wristbands can be picked up by the customer by 5nd September 2025 at the latest from the Festzelt city office (Hofbräukeller), Innere Wiener Straße 19, 81667 Munich, during its opening times, or daily during the Oktoberfest – including on the day of the event – from the Festzelt office on the Oktoberfest grounds, during its opening times, upon presentation of a suitable official identification document (identity card, passport, etc.) once full payment has been received by Festzelt.
5.2 Shipping: if the customer provides the relevant information and a corresponding notification, the food and beverage vouchers and/or admission wristbands can also be sent to the customer by post at the customer's expense. The customer will be charged a flat rate of EUR 15.00 for shipping costs and processing. The vouchers will then be shipped once the city of Munich has issued the marquee licence and the customer has paid the invoice amount in full. If it is not possible to ship the vouchers by 1st August 2025, at the latest, because we have not yet received payment of the full invoice amount from the customer, then only collection is possible in accordance with Section 5.1, once payment has been received in full. In the case of Reservations from abroad, it is not possible to send the food and beverage vouchers and/or admission wristbands by post.

6. Returns and refunds
6.1 No right of revocation or return: Even though Festzelt offers Reservations by means of long-distance communication within the meaning of Section 312c para 2 BGB (German Civil Code), and therefore a distance contract can exist in accordance with Section 312c para 1 BGB, the customer has no right of revocation under Section 312g para 2 no 9 BGB when purchasing a Reservation. This means that there is no two-week right of revocation and return. Every offer or order that is made for a Reservation is therefore binding immediately once it has been confirmed by Festzelt, and the customer is obliged to accept and pay for the Reservations ordered.
6.2 Cancellation and reduction of Reservations by the customer: Free cancellation or reduction of Reservations by the customer is only possible until 31/07/2025, and Festzelt must be notified in writing. In addition, the Reservation confirmation and the invoice must be presented to Festzelt. Any cancellation or reduction after 01/08/2025 will result in a cancellation fee of 20% of the invoice amount being charged. Cancellations and reductions can only be made on a table-by-table basis. If the food and beverage vouchers and, if applicable, admission wristbands have already been collected by the customer or sent to them, then any cancellation or reduction on the part of the customer is excluded. As of 01/09/2025, any cancellation or reduction on the part of the customer is generally excluded. In the event of an effective cancellation or reduction of the Reservation, the refund of the applicable amount will only be made after the end of the Oktoberfest 2025.

7. Use and transfers
7.1 Spirit and purpose: In order to enforce bans on entering the premises and provide the largest possible number of Reservations at socially acceptable prices for the general public, it is in the interest of Festzelt, its customers and the visitors to Oktoberfest that any unauthorised transfer of Reservations be restricted in order to thereby prevent price speculation (e.g., the purchase of Reservations with the goal of directly selling these on and/or reselling these at inflated prices).
7.2 Unpermissible transfer: Reservations are sold exclusively for private, non-commercial (i.e., non-profit-oriented) use by the customer; any business-based or commercial resale or other unpermissible transfer of Reservations (i.e., Reservation confirmations and/or admission wristbands) by the customer is prohibited. In particular, the customer is prohibited from:
a) offering Reservations for purchase and/or selling them publicly, in particular at auctions and/or on the internet (e.g., eBay, eBay Classified Ads, Facebook) and/or sales platforms not authorised by Festzelt (e.g., Viagogo, oktoberfest-tischreservierungen.de, tischreservierung-oktoberfest.de, etc.);
b) passing on Reservations at a price higher than the price paid; a surcharge of up to 15% to compensate for incurred transaction costs is permitted;
c) offering, selling or transferring Reservations to business-based and/or commercial resellers and/or dealers (e.g., oktoberfest-tischreservierungen.de or tischreservierung-oktoberfest.de);
d) using Reservations or allowing them to be used for business purposes or commercially without an explicitly written prior consent of Festzelt, in particular, for advertising or marketing purposes, as a bonus, promotional gift or prize, or as part of any unauthorised hospitality or travel package;
e) transferring Reservations to persons who are banned from entering the premises, provided that the customer was or had to have been aware of this fact.
7.3 Permissible transfers: Transferring a Reservation (i.e., Reservation confirmations and/or wristbands) for non-commercial reasons, in particular, in the event of illness or any other inability to attend on the part of the customer, is permitted if the transfer is not carried out in an impermissible manner within the meaning of the provision in Section 7.2. The customer can only transfer the rights and obligations arising from the contract concluded with Festzelt (and thus also the Right of Attendance) to a third party if that third party enters into the contract with Festzelt in the customer's place and assumes all rights and obligations. Admission requires the approval of Festzelt, which is hereby granted in advance under the conditions set out below if:
a) the customer expressly informs the Reservation's new owner of the validity and content of these T&Cs;
b) the new owner of the Reservation agrees to these T&Cs applying between him/her and Festzelt; and
c) Festzelt is informed in good time about the transfer of the Reservation, and of the name of the new owner of the Reservation, or Festzelt has conclusively declared the transfer to the new owner of the Reservation to be permissible.
The transfer of single rights arising from the contract concluded with Festzelt, in particular the Right of Attendance, is excluded if one of the stated conditions described in a) to c) is not fulfilled. If a contractual partner of Festzelt has acquired multiple Rights of Attendance in a permissible manner as part of a contract concluded with Festzelt and assigns these Rights of Attendance to multiple third parties in a permissible manner, separate contracts will come into being between Festzelt and the persons taking over the Rights of Attendance, in each case, as a result of them taking over those rights.
7.4 Measures in the event of impermissible transfers: In the event of one or more violations of the regulation in Section 7.2 and/or in cases of other impermissible transfers of Reservations (i.e., Reservation confirmations and/or admission wristbands), then, subject to the imposition of a contractual penalty in accordance with Section 8, Festzelt shall be entitled to:
a) refrain from delivering Reservation confirmations and/or admission wristbands to the customer in question which were used contrary to the regulations in Section 7.2 prior to any transfer or shipping to the customer;
b) block the Reservations in question and deny the Reservation's owner and their guests entry to the Festzelt (marquee) or expel them from the Festzelt (marquee) without compensation and make all food and beverage vouchers which have not (yet) been redeemed invalid without replacement;
c) ban the customers in question from purchasing a Reservation for a reasonable period of time, though not exceeding five (5) years; the length of the ban will be determined on the basis of the number of violations, the number of Reservations offered, sold, transferred or used and any proceeds generated by their resale;
d) demand payment from the customer of any additional proceeds or profit gained, in accordance with Section 9 of these T&Cs, in the event of any impermissible transfer of Reservations per Section 7.2;
e) report the incident in an appropriate manner, also stating the name of the customer, in order to prevent future use of the Reservation that is in violation of contract.

8. Contractual penalty
The following undertaking with respect to a contractual penalty primarily serves to prompt the customer to comply with their obligations to refrain from certain activities under Section 7.2 of these T&Cs by shying away from (further) violations because of the promised penalty.
8.1 Conditions: In the event that the customer culpably violates these T&Cs, in particular one or more provisions in Section 7.2, Festzelt will be entitled to impose an appropriate contractual penalty of up to EUR 6,000.00 upon the customer in addition to the other possible measures and sanctions under these T&Cs and without prejudice to any further claims for damages.
8.2 Amount: The amount of the contractual penalty will be determined, in particular, on the basis of the number of violations, any revenue or profits obtained via the impermissible transfer, the nature and degree of fault (intent or negligence), efforts and any successful attempts on the part of the customer or Reservation owner in terms of compensating for the damage, necessary expenses to prosecute violations, the question of whether and to what extent the offender is a repeat offender and the number of Reservations offered, sold, transferred or used, in the event that Reservations are resold in an unauthorised manner. The exact amount of the contractual penalty will be determined by Festzelt on a case-by-case basis at its reasonable discretion and, in the event of a dispute, must be reviewed by the competent court for such cases to assess its appropriateness. The contractual penalty is to be offset against any claims for damages on the part of Festzelt as a result of the violation.

9. Payment of additional proceeds
9.1 Conditions: In the event of an impermissible transfer of Reservations by the customer in accordance with Section 7.2, Hofbräu Festzelt will also be entitled to impose a contractual penalty in accordance with Section 8 and, in addition to the other possible sanctions arising in accordance with these T&Cs, have the customer or Reservation owner pay the additional proceeds or profit which they obtained from the impermissible transfer of a Reservation (i.e., Reservation confirmations and/or admission wristbands), either in whole or in part.
9.2 Amount and use: The criteria specified in Section 8.2 and the amount of any contractual penalty imposed will determine the question of whether and to what extent the additional proceeds must be paid.

10. Supplementary provisions for holding events during the SARS-CoV-2 pandemic
Festzelt is subject to special conditions, regulations and/or requirements, etc., imposed by authorities or other state institutions in connection with the SARS-CoV-2 pandemic, and, so, the following provisions also apply when accessing and spending time in the Festzelt (marquee):

1. The customer or owner of the Reservation acknowledges that Oktoberfest may not be able to take place in the manner originally planned, in particular due to legal, regulatory and administrative requirements, regulations and/or stipulations, etc.; the customer acknowledges, in particular, that the holding of and participation in an event in the Festzelt (marquee) may be subject to Festzelt adhering to additional regulations, provisions and requirements. The customer accepts that, in order to protect the health of its customers and employees, Festzelt may also, at its reasonable discretion, define appropriate rules of conduct and hygiene that go beyond the legal, regulatory or administrative requirements, regulations and/or stipulations, and it requires its customers and their guests to comply with these.
2. Festzelt will be entitled to cancel Reservations made by individual customers to reduce the number of visitors should this become necessary due to legal, regulatory or administrative orders or comparable measures. Should the event or Reservation purchased by the customer be definitively cancelled, the sales price paid will be reimbursed to the customer.
3. Festzelt may allocate the customer's seats in a way which differs from their Reservation, within either the same category or to a higher category, for good cause, such as to comply with distancing requirements or to implement protection and health concepts; in these cases, the customer will not be entitled to a refund of the sales price or any other compensation.
4. Festzelt is entitled to refuse to allow the customer and their guests to enter/remain in the Festzelt (marquee), without them having any entitlement to reimbursement of the food and beverage vouchers purchased or any other compensation, and/or to expel the customer and their guests from the Festzelt (marquee), likewise without them having any entitlement to compensation for food and beverage vouchers which have not yet been redeemed, or any other compensation, if the customer or their guests:
   a. fail to comply with the applicable legal, regulatory and/or administrative requirements and stipulations and/or fail to follow the provisions of Festzelt's hygiene and protection concept; in particular, but not exclusively, if they fail to provide appropriate proof demonstrating their vaccination against or recovery from SARS-CoV-2 and/or a negative test, fail to wear a medical mask in the prescribed areas or fail to comply with the distancing requirements;
   b. are ill with SARS-CoV-2 on the date of the Reservation or have tested positive for SARS-CoV-2 within the 14 days prior to the start of the Reservation period, or have knowingly had close contact with a person who has tested positive for SARS-CoV-2 or themselves have symptoms typical of SARS-CoV-2 (cough, fever, runny nose, an impairment to or loss of the senses of smell or taste, shortness of breath) in the 14 days before the Reservation period; or
   c. have been present in a risk area (e.g., a high-risk area, area with a variant of concern) or a comparable area in the 14 days prior to the start of the Reservation period and are therefore subject to legal, regulatory or administrative provisions which prevent them from entering or remaining in the Festzelt (marquee).
5. If, for good cause, in particular, on the basis of legal, regulatory or administrative requirements or Festzelt's protection and hygiene concept, it is stipulated that the customer and their guests are required to present proof and/or declarations to the Festzelt to gain entry, Festzelt shall be entitled, in accordance with data protection provisions, to make the granting of their entry to the Festzelt (marquee) dependent on the presentation of such proof and/or declarations and to check the proof and/or declarations presented.
6. Festzelt points out that, in order to trace chains of infection, it may be obliged to record the contact details of customers and their guests and to pass these on to the responsible authorities. The customer will therefore provide both their own contact details and those of the persons accompanying them (guests) with their consent in full and in the proper manner. Festzelt will process the data in question in accordance with the relevant data protection regulations (e.g., Article 6 para. 1 sentence 1 c) GDPR in conjunction with the applicable statutory regulations); this also includes any forwarding to the responsible authority.
7. The customer and their guests must follow the instructions and requirements of Festzelt and its staff. The customer and their guests acknowledge that even with comprehensive protection and hygiene concepts, the risk of infection with SARS-CoV-2 when attending an event cannot be entirely ruled out.

11. Force majeure
In other cases of force majeure or the like, the information listed in Section 10 will apply in full accordingly.

12. Settlement of disputes
The EU offers an online platform that the customer can turn to in order to settle consumer rights disputes out of court: http://ec.europa.eu/consumers/odr/.
Festzelt will not take part in any dispute settlement procedure before a consumer arbitration board.

13. Data protection
Unless specifically stated otherwise in these T&Cs, the personal data of the customer and/or the owner of the Reservation is processed, firstly, in order to fulfil a contract between Festzelt and the customer/owner of the Reservation in accordance with Article 6 para. 1 sentence 1 b) GDPR. Secondly, the personal data of the customer and/or the owner of the Reservation is processed in order to protect Festzelt's legitimate interests. These legitimate interests arise from Section 7.1.

14. Contract text
The complete text of the contract will not be stored by us. Before submitting the order via the website, the contractual data can be printed out via the browser's print function or saved electronically. In the case of orders via email, the complete text of the contract will be sent by email.

15. Choice of law, place of performance, place of jurisdiction
15.1 Choice of law: The law of the Federal Republic of Germany applies.
15.1.1 Choice of law for consumers: For consumers who are not concluding the contract for professional or commercial purposes, the choice of law in accordance with Section 15.1 will only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law in the state in which the consumer has their habitual place of residence.
15.1.2 CISG: The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
15.2 Place of jurisdiction: If the customer is a registered trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is also Festzelt's place of business. The same applies if the customer is a businessperson and has no general place of jurisdiction in Germany or their place of residence or habitual residence is not known at the time the action is brought. Festzelt's authority to also appeal to the court in another legal jurisdiction remains unaffected by this.

16. Final clause
Should individual clauses of these T&Cs be wholly or partially invalid, this will not affect the validity of the remaining clausess or remaining parts of such clauses.