Terms and conditions

valid from 01 February 2023
 
1 Validity of the terms and conditions

1.1 These General Terms and Conditions govern the legal relationship between the cardholders of the JUGENDKULTURKARTE Berlin on the one hand and Kulturprojekte Berlin GmbH, Klosterstraße 68, 10179 Berlin, represented by the managing director Moritz van Dülmen, T +49 (0)30 24749-700, [email protected] (Kulturprojekte Berlin) on the other hand. They are part of the usage agreement between the parties and apply in the version provided at the time of the conclusion of the contract.

1.2 We do not recognize any regulations and/or contractual conditions that deviate from these terms and conditions unless they are expressly confirmed by us in writing.

1.3 The sale of tickets for cultural venues is subject to a separate contractual relationship between the ticket holders and the operators of the respective cultural venue. Separate contractual conditions may apply. The purchase of the JUGENDKULTURKARTE without the purchase of a valid admission ticket does not entitle the holder to enter the cultural venue. In particular, admission to clubs is not possible solely through the possession of a JUGENDKULTURKARTE. Here, the general terms and conditions and the house rules of the clubs still apply.

2 Purpose of JUGENDKULTURKARTE

2.1 The JUGENDKULTURKARTE is a voucher card issued to cardholders by Kulturprojekte Berlin. Every cardholder is entitled to one JUGENDKULTURKARTE.

2.2 The credit granted to the beneficiary cardholders is: FIFTY (50) Euros.

2.3 Ticket holders can use the credit to purchase tickets/admission tickets at the evening and advance sales box offices of the participating Berlin cultural venues.

2.4 An up-to-date overview of the participating cultural venues can be viewed at any time on the website www.jugendkulturkarte.berlin. Kulturprojekte Berlin reserves the right to make changes to the participating cultural venues at short notice.

2.5 It is not possible to pay out the credit balance or residual credit balances in cash or in any other form (e.g. bank transfer or similar).

3 Eligibility to receive a JUGENDKULTURKARTE

3.1 Any natural person is eligible to receive a JUGENDKULTURKARTE, provided that they meet the following conditions:
– the person must be between 18 and 23 years old during the campaign period (01.02.2023 to 30.04.2023), i.e. born between 01.02.1999 and 30.04.2005 and
– the person must be registered in Berlin as a primary or secondary resident during the campaign period (01.02.2023 to 30.04.2023).

3.2 The JUGENDKULTURKARTE is free of charge for all eligible persons.

3.3 Requirement for the use of the JUGENDKULTURKARTE is
– registration with Kulturprojekte Berlin and
– the collection of the JUGENDKULTURKARTE at one of the participating libraries.

4 Period of validity and end of validity

4.1 The validity of the JUGENDKULTURKARTE is limited to a maximum of three months, beginning on 01.02.2023 and ending at the end of 30.04.2023.

4.2 During the period of validity, cardholders may use the JUGENDKULTURKARTE to purchase tickets/entrance tickets at participating cultural venues.

4.3 The JUGENDKULTURKARTE loses its validity:
– as soon as the cardholder’s credit balance is completely used up or,
– at the end of 30.04.2023, in which case unused credit will be cancelled without replacement.

5 Online registration and conclusion of contract

5.1 Online registration is possible from 01.02.2023 to 28.02.2023 via an online form on the website www.jugendkulturkarte.berlin.

5.2 The online registration is a mandatory requirement for receiving the JUGENDKULTURKARTE.

5.3 The following information must be provided when registering online:
– First name,
– Last name,
– Date of birth,
– Gender,
– Berlin residence (street, house number, postal code),
– e-mail address and
– ID card number of one of the following official identification documents valid at the time of registration and the identity check on-site.
The entries can be corrected and adjusted at any time using the functions of the browser/end device used. The information provided by the cardholder regarding their identity must be true and must correspond to the information in the valid identification document. Special attention must be paid to correct spelling! Cardholders are responsible for the accuracy and completeness of the information provided.

5.4  The following documents are conclusively recognized as identification documents:
– Identity card,
– Passport,
– Permanent residence card or
– Electronic residence permit.
Other identification documents cannot be considered in the course of the registration process and subsequent collection.

5.5  By entering the data and clicking on “Pick-up code”, Kulturprojekte Berlin and the cardholder enter into an agreement on the issuance and use of the JUGENDKULTURKARTE subject to these General Terms and Conditions.

5.6  Only the German language is available for the conclusion of the user agreement. The text of the agreement will not be stored by Kulturprojekte Berlin. The essential content of the user agreement is contained in these Terms of Use. The Terms of Use are available to users at any time on the website www.jugendkulturkarte.berlin, but only in the current version.

5.7 Cardholders can use the “Forgotten password?” function at www.jugendkulturkarte.berlin to have a new password sent to them for their JUGENDKULTURKARTE account.

6 Picking up the JUGENDKULTURKARTE

6.1  After registering online on the website www.jugendkulturkarte.berlin, users will receive a confirmation e-mail including a pick-up code (QR code).

6.2 With the pick-up code, users can pick up the credit card from 01.02.2023 to 28.02.2023 in one of over 40 Berlin libraries. A library in the vicinity can be searched for using the filter function on the website www.jugendkulturkarte.berlin. There is no obligation to pick up the JUGENDKULTURKARTE at a specific library.

6.3 If, for a valid reason, a personal collection is not possible during the collection period (01.02.-28.02.2023), this must be reported to [email protected] with the corresponding explanation.

6.4 When picking up a card in a library, the validity of the pick-up code is checked with the help of a technical device/scanner as well as an identity check and an identity comparison by the staff present, during which the information from the online registration must be compared with the information provided on a valid identification document and its correctness determined. If not noted on the identification document, cardholders must show proof of first or second residence in Berlin at the time of pickup.

6.5 The following identification documents are accepted and must be valid at the time of the identity check:
– Identity card,
– Passport, 
– Permanent residence card, or
– Electronic residence permit (eAT).
The ID number indicated on the registration form must match the ID number shown in the library.

6.6 If the residence in Berlin is not noted in the identification document, this must be additionally proven by an official registration certificate (Meldebescheinigung/Meldebestätigung), which must be shown at the identity check.

7  Use of the JUGENDKULTURKARTE at cultural venues

7.1  Cardholders can use the card to purchase tickets at ticket counters as well as at evening and advance ticket offices of the participating cultural venues within the validity period.

7.2 The credit on the JUGENDKULTURKARTE can also be spent on the ClassicCard app (www.classiccard.de). After successful registering in the app, the credit on the JUGENDKULTURKARTE can be spent for the annual membership as well as for the purchase of discounted tickets for cultural venues and institutions participating in the ClassicCard. The terms and conditions of the ClassicCard app also apply here. These and further information on this cooperation can be found on the website www.classiccard.de.

7.3  Redemption at institutions other than those listed on the website www.jugendkulturkarte.berlin is not possible. The redemption can only be made on site at the cultural institutions in the evening or at advance ticket offices and ticket counters. Redemption in online stores is not possible.

7.4   It is possible to use the JUGENDKULTURKARTE to purchase tickets for other persons of any age or place of residence accompanying the ticket holder and to invite them. The prerequisite for this is the personal appearance of the card holder at the respective ticket office of the cultural venue in connection with an identity check.

7.5 Before each purchase of a ticket with the JUGENDKULTURKARTE, proof of identity of the cardholder is required by means of an identification document. The comparison is carried out by the cashier.

7.6 With each ticket purchase, the credit stored on the card is reduced by the amount paid for the ticket. Remaining amounts can be used for further ticket purchases until the entire voucher value has been used up completely. At some of the participating cultural venues, remaining amounts can be credited to the ticket purchase. 

7.7 The credit is only valid for admission tickets/tickets for the participating cultural venues. The purchase of food, drinks, vouchers, program booklets or other products that are not admission tickets is not possible with the JUGENDKULTURKARTE. Workshops, guided tours or audio guides are also excluded from purchase.

7.8 Any discounts granted by the participating venues to purchasers – e.g. reduced tickets for schoolchildren, students, trainees, the unemployed, welfare recipients, FSJ workers, refugees or people with disabilities – can also be claimed with the voucher card. The terms and conditions and price information of the cultural venues apply here.

8  Restrictions on the purchase and transfer of tickets

8.1 Ticket holders undertake to use the JUGENDKULTURKARTE and the tickets purchased with the JUGENDKULTURKARTE exclusively for private use and for personal purposes. In particular, they are prohibited from:
a) passing on the JUGENDKULTURKARTE or tickets purchased with it (with the exception of the invitation according to section 7.4), to sell it or to use it in the name of a third party, to achieve or to acquire it in the name of a third party in order to make a profit with the mediation activity for the third party,
b) passing on and/or selling the JUGENDKULTURKARTE or tickets purchased with it for the purpose of advertising, marketing, as a bonus, promotional gift or prize or as part of a hospitality or travel package not authorized by Kulturprojekte Berlin,
c) collecting the JUGENDKULTURKARTE or tickets purchased with it by using a third party acting on your behalf as your representative.

8.2 In the event of a breach of these Terms of Use and, in particular, of this Section 8, the card may be blocked and shall thus lose its validity.

9 Due diligence requirements, loss and abuse

9.1 The cardholders undertake to keep the JUGENDKULTURKARTE with special care in order to protect it from misuse. The risk of loss or theft and subsequent misuse of the card shall be borne by the card users. There will be no compensation for any loss of credit on the JUGENDKULTURKARTE until the card has been blocked.

9.2 The cardholders are obligated to treat the access credentials to their account, which are created when registering for the JUGENDKULTURKARTE, confidentially, not to disclose them to third parties and to store them in such a way that no third party – not even accidentally – can gain knowledge of or access the account. If the cardholders have reason to suspect that third parties have knowledge of their access data or that the JUGENDKULTURKARTE has been misused, they are obliged to inform Kulturprojekte Berlin GmbH immediately in writing or by e-mail at [email protected].

9.3 If the cardholder discovers the loss or theft of their card, misuse or any other unauthorized use of the card or card data, they must report this immediately by sending an e-mail to [email protected]. In doing so, the cardholders must state the card number and their name.

10 Liability

10.1  Cardholders shall be liable for any damage caused by them in accordance with the statutory provisions. Liability is particularly applicable in cases of misuse, unauthorized transfer and/or sale or any other breach of obligations under the user agreement.

10.2 A liability of Kulturprojekte Berlin for damages suffered by the user during the purchase of a ticket or the visit of the cultural venue is generally out of the question, since Kul-turprojekte Berlin is not the contractual partner of the ticket holders for their visit to the cultural venue.

10.3 Kulturprojekte Berlin shall be liable for damages incurred by the cardholders in the course of the performance of this Agreement in accordance with the following terms and conditions.
–  Kulturprojekte Berlin shall be liable for damages of the user according to the statutory provisions, provided that the damages were caused intentionally or by gross negligence, they are the consequence of the non-existence of a guaranteed quality of the service, they are based on a culpable breach of essential contractual obligations, they are the consequence of a culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act. In the event of a merely slightly negligent breach of an essential contractual obligation, however, the liability of Kulturprojekte Berlin shall be limited to such damages as may typically and foreseeably be expected to arise in the course of the provision of the agreed services. This limitation does not apply if damages are the result of injury to health, body or life.
– Essential contractual obligations are such contractual obligations, the fulfillment of which enable the proper execution of the contract in the first place and the compliance with which the customer may regularly rely on, and the violation of which on the other hand endangers the achievement of the purpose of the contract.
–  In all other respects, the liability of Kulturprojekte Berlin and its vicarious agents is excluded, regardless of the legal basis.

11 Data protection

11.1 The personal data of the cardholders of the JUGENDKULTURKARTE will be processed by Kulturprojekte Berlin as described in the Data Privacy Statement.

12  Applicable law

12.1 
The law of the Federal Republic of Germany shall apply.

Berlin, 1.2.2023