Version dated 18 June 2013
1. Scope of Application
The following General Terms and Conditions (hereinafter "T&C's") govern to all contracts concluded between Berlin Phil Media GmbH, Leipziger Platz 1, 10117 Berlin, represented by its Managing Directors Olaf Maninger and Robert Zimmermann (hereinafter "Berlin Phil Media") and the customer regarding services offered at www.digital-concert-hall.com. Further information regarding the identity (Companies' House register number, legal representation) and the contact details of Berlin Phil Media can be found in the provider identification.
This T&C's are available for viewing in pdf format at http://static.digitalconcerthall.com/cms/files/agb_en.pdf and can be saved. The customer shall be entitled to print out the T&C's.
2. Streaming Services
At www.digital-concert-hall.com, subject to a charge, Berlin Phil Media provides access to recordings of subscription and non-subscription concerts by the Berliner Philharmoniker streaming over the Internet. In the archive recordings of concerts will be offered as videos on demand. Access to the live concerts is granted by means of a live stream.
Berlin Phil Media's video signal is produced in High Definition and has been encoded for Internet streaming. Depending on the customer's Internet connection, there is a choice of various quality levels of transmission.
Berlin Phil Media shall decide independently which concerts are offered as live streams and video on demand in the Digital Concert Hall. The customer shall not be entitled to claim that certain concert recordings are being made available in the Digital Concert Hall, even if Berlin Phil Media previously pronounced such availability. Furthermore, Berlin Phil Media reserves the right to remove certain content from the archive for legal reasons. Berlin Phil Media reserves the right to exclude certain regions from the offer of streaming services for legal reasons (Geoblocking).
The provision of Internet access that is necessary for the use of the streaming services defined in Section 1 and 2 shall not be subject of the contract between the customer and Berlin Phil Media.
The customer shall use the streaming services offered by Berlin Phil Media only upon prior registration as a user of the Digital Concert Hall. Only major persons who are also legally competent may register.
Registration is effected by means of the customer's Internet-enabled devices or at www.digital-concert-hall.com or by using the Digital Concert Hall app, as far as the relevant device allows for registration. In order to register the customer has to provide the following data: title, first name, surname, email address, country and (if required) a password. In case the customer is registered with other online services and, in case Berlin Phil Media allows for an automatic transfer of data, the customers may have their data transferred automatically by explicit permission.
When submitting the registration form completed, the customer accepts this agreement on the access to the Digital Concert Hall and the use of streaming services.
The customers insure that all data entered during registration is correct and that they have not used data of a third party. The customers shall immediately inform Berlin Phil Media of any changes to the data.
The use of streaming services for the customer is limited to a certain content and time. The customer may only stream videos for private use. The use of streaming services by the participants of the EXPLORE CLASSICAL MUSIC! education is regulated by the participation agreement in the version currently enforced.
Berlin Phil Media offers the customer two types of use:
With the purchase of a ticket, for the period of validity of the ticket the customer receives access to the concert recordings available at the Digital Concert Hall's archive as well as to a certain number of live concerts, which take place during this period of validity. The period of use does not start with the purchase of the ticket, but upon first access to a concert, however, no later than 365 days after conclusion of contract. With regard to all tickets Berlin Phil Media also offers vouchers, which may be redeemed later on. Vouchers purchased expire after three years. Vouchers that have been handed out for free, e.g. for reasons of advertisement, expire at the date made clear when the voucher was handed out.
In case the customers subscribe to the streaming services offered by Berlin Phil Media, they may use all streaming services at www.digital-concert-hall.com upon payment of a monthly fee. The period of use commences upon receipt of payment of the first monthly fee and ends one month after the last monthly fee has been paid. The subscription can be cancelled at any time to the end of the period of use already paid for. Cancellation shall require the written form to be effective.
The customer may not misuse the streaming services. He is in particular prohibited from
- making recordings of the concerts, not even in excerpts
- using the stream accessed for commercial purposes or for public performance
- reproducing the accessed stream, broadcasting or circulating it by any other means
If the customer breaches the duties defined in Section 4.3, Berlin Phil Media may block the customer's access and terminate the contract.
5. Conclusion of Contract regarding Use
Tickets can only be purchased after prior registration as a customer of the Digital Concert Hall. In order to buy a ticket or subscribe to streaming services, the customer chooses the ticket or the subscription by clicking on the button "PURCHASE TICKET NOW", or "SUBSCRIBE NOW". This process does not constitute a contractual offer. The desired ticket or subscription will merely be booked. Even clicking the button "PROCEED TO CHECKOUT" does not constitute a contractual offer.
The customers only make a binding offer to conclude a contract regarding the use of streaming services by clicking the "COMPLETE PURCHASE" button. Before placing the order, the customer is once again provided with a summary of the complete content of the order (product name, price, amount, intermediary and complete sum). The customer can then correct the method of payment using the change button that is provided on the overview page.
On receipt of the order, the customer will receive an automatically generated email from Berlin Phil Media, confirming the receipt of the order. This receipt confirmation constitutes the acceptance of the contractual offer. At the same time, the ticket will be stored in the user account or the subscription will commence.
6. Right of Revocation
The customers have the right to revoke their contractual declaration. Information regarding the existence or non-existence of a power of revocation, the terms of the declaration of the revocation and the legal consequences of the revocation are contained in a separate cancellation policy, which is expressly referred to at this point.
7. Use of the Streaming Services, Technical Requirements
The streaming services are offered for access at www.digital-concert-hall.com.
For trouble-free reception the customer needs an Internet connection with a minimum bandwidth of 2000 Kbit/s. However, a bandwidth of 6000 Kbit/s or more is recommended.
Streaming services can also be accessed by means of certain television sets, Blu-ray players, mobile devices and audio systems connected to the Internet. This offer is non-binding, can vary and be revoked at any point by the Berlin Phil Media.
The devices and system requirements needed for the use of the streaming services are listed under www.digital-concert-hall.com.
The customer can access the streaming services of Berlin Phil Media on multiple devices. Simultaneous streaming, however, is not possible. The customer can manage the connected TV sets and Blu-ray players in the user account at www.digital-concert-hall.com.
8. Prices and Tickets
8.1. The prices of tickets, vouchers and subscriptions and their term are apparent from the presentation of the products. All prices are gross prices including the respective statutory VAT valid at the time of order.
8.2. Students, pupils and teachers can acquire streaming services at special terms.
8.3. Before the customer places the order, the total price of the order including VAT is shown to the customer on a separate web page summarising his order
The purchase price is to be paid in advance and falls due immediately upon conclusion of the order.
The customer can pay per credit card and PayPal. In Germany you can also pay by ?immediate transfer? and bank transfer. In case of online transfer, the ticket will not be stored in the customer account or the subscription will not be activated before receipt of payment.
If the customer is in arrears with payments, Berlin Phil Media may charge interest to the amount of 5 percentage points over base above the basic rate of interest. Berlin Phil Media reserves the right to claim further damages.
The customers may set off their claims against the payment claim of Berlin Phil Media if the customers claims are undisputed by Berlin Phil Media or have been determined without further legal recourse.
The customers may only refuse the performance owed by them (right of retention) if they have a claim that is due against Berlin Phil Media under the same legal relationship as to the one on which their obligation is based.
Should the customer not fulfil the payment duty or should amounts that already have been paid be returned or re-debited, Berlin Phil Media is entitled, reserving further claims to block the customer's access to his account. Should the account be blocked due to outstanding debts and are the debts settled, access shall again be granted.
10. Access Data
The access data (email address and password) may only be used by the customer. The customer may not pass the access data on to a third party. The customer shall keep his access data a secret and change or have Berlin Phil Media change the data, if he becomes aware that his access data has been misused. This also applies in cases that misuse is suspected.
The customer is liable for all damages caused by a third party using his account, as far as he is to be held responsible for it. The customer is responsible for proving that he is not culpable.
If the customer substantially breaches the duties of care defined in Section 10.1, Berlin Phil Media may (temporarily) block the customer's access. The customer will be informed thereof by email.
Berlin Phil Media does not warrant or guarantee the proper functioning of the Internet connection or the performance of the end device used.
Berlin Phil Media GmbH shall eliminate any technical malfunctions without delay if feasible. If a service malfunction results in the customer not being able to use the video stream according to the terms of the contract or if the possible use is considerably affected, Berlin Phil Media GmbH offers the following compensation:
In case a live streaming is not possible for technical reasons, Berlin Phil Media shall provide the customer with the respective recording as a video on demand later on. If this is also not possible, the expiry of the customer's ticket will be extended by 7 days.
In case of a malfunction when streaming a video on demand, Berlin Phil Media shall enable the customer to access the stream later on.
The right to revoke the contract or to reduce the purchase price in cases the replacement services failed remains unaffected.
12. Limitation of Liability
Berlin Phil Media shall be liable without limitation for damages due to intent or gross negligence on part of Berlin Phil Media, its legal representatives or persons whom Berlin Phil Media uses to perform its obligation. To the extend the breach of contract is unintentional the liability of Berlin Phil Media shall be limited to typically foreseeable damages at the conclusion of the contract for ordinary negligent breach of such duties arising from the contractual relationship that make the proper performance of the contract possible in the first place, the observance of which the contractual partner may regularly rely on and the violation of which puts the intended purpose of the Agreement at risk (material contractual duties). Any liability not expressly provided for above ? including the liability for persons employed in performing an obligation and vicarious agents ? shall be disclaimed.
The limitation and exclusion of liability agreed upon in Section 8.2 shall not apply in cases of injury of life, body and health, in case of non-conformity of goods if Berlin Phil Media has given a guarantee for the quality of the product or in cases Berlin Phil Media fraudulently concealed the default of the product. The liability under the Product Liability Act shall remain unaffected.
13. Deletion of Registration
The customer may cancel the agreement on the access to the Digital Concert Hall to the end of the month. Cancellation shall require the written form to be effective.
If the customer violates the T&Cs, Berlin Phil Media may immediately delete his account.
After cancellation of the use agreement, the customer will no longer be able to access the Digital Concert Hall. The customer?s account will be closed.
All tickets and vouchers valid at the time of cancellation will expire. Subscriptions will expire at the end of the month. Fees that already have been paid for will not be refunded.
13.2. The user?s right to terminate the contract for compelling cause without a notice period remains unaffected.
14. Data Protection
All text, images, graphics, videos included in or made available through www.digital-concert-hall.com and their arrangement and graphic presentation on the website are subject to German copyright law and further protection acts. The customer may not use, distribute and modify any material made available on this website (e.g. text or graphics) without the explicit written consent of the Berlin Phil Media.
16. Applicable Law
These T&C's and the contract between Berlin Phil Media and the customer shall be governed by the laws of the Federal Republic of Germany. The Convention on Contracts for the International Sale of Goods does not apply.
17. Final Provisions
17.1 Any changes and supplements to the T&C's shall require the written form to be effective.
17.2 Should any provision of these T&C's be invalid, this shall not affect the validity of all other provisions of the T&C's.
17.3 Where legally permissible the place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Berlin.
18. Provider Identification
Our contact information is:
Berlin Phil Media GmbH,
represented by their managing directors Olaf Maninger and Robert Zimmermann
Leipziger Platz 1
Companies' Register Number HRB 113690
CR-Court: Berlin Charlottenburg