GENERAL TERMS AND CONDITIONS for events at the Heinrich Böll Foundation (presence and digital)

§ 1 Scope

1. These General Terms and Conditions (hereafter T&C) govern the relations between, on the one hand, visitors of an event and, on the other, the Heinrich Böll Foundation (hereafter hbf)
    
2. Terms and conditions at variance with these T&C will not be recognised. This applies even if their applicability has not been explicitly rejected. The T&C are binding for all visitors to the hbf’s event space.
    
3. The T&C have to be observed. During all events, the right to allow and deny access or the use and enjoyment of the premises resides with the hbf and, to enforce this, the hbf may rely on law enforcement, their proxies or, possibly, security staff.

§ 2 Start Time / Admission

1. The start times for public events will be published in the hbf event calendar. This information may be subject to changes.
    
2. The hbf’s regular opening hours are Monday through Friday from 8 a.m. to 8 p.m. For events taking place outside the regular opening hours, doors will open 30 minutes prior to an event, and they will close after the event has ended.
    
3. Whenever the venue is at capacity, admission may be denied.
    
4. Guests arriving late may be denied admission, or they may only be allowed to enter the event space during a suitable break. Admission is not guaranteed.
    
5. The hbf reserves the right to relocate visitors. Alternative seats may be located in spaces that provide audio and / or video coverage of the event, yet are not part of the actual event space itself.

§ 3 Registration, Fees

1. For certain events it is necessary to register in advance. As a rule, such registration will be confirmed using the double opt-in method.
    
2. The hbf reserves the right to disallow registrations, be it for security reasons, or be it because the venue is fully booked. There is no guarantee that registrations will be confirmed, or that prospective visitors will be able to attend an event.
    
3. For certain events there is a fee or tickets will be sold.

§ 4 Protection of Data and Privacy

1. Objective and Data

We collect some personal data according to the objectives of the hbf as defined in § 2 of our statutes. At most, the data in question comprises:

• Name
• Title
• Gender / form of address
• Contact data (mailing address, e-mail, phone no.)
• Information about the respective event
• When/how contacted by the Heinrich Böll Foundation
• Privacy information

2. Legal Basis

Data is collected, if you consent to it, or in pursuance of the Foundation’s legitimate interest to fulfil its mission as defined it its statutes.

3. Transfer of Data and Persons Eligible to Access Data

Access to data is subject to the relevant, internal authorisation concept and to contractual agreements with our service providers.

4. Duration of Data Storage

Participants consent to being contacted and to having their data stored during the preparation of an event, the event itself and the follow-up process and documentation of the event.

If there is no subsequent contact with the Foundation, such data will be deleted from our database individually, and after having been reviewed, after a period of 36 months and within a reasonable processing period of up to three months.

5. Participants’ Rights

Participants have the right to request information about the above-named types of data, as well as to have them emended, deleted, or to limit the way in which they may be processed.

§ 5 Rules of Conduct on the Premises of the hbf

1. Smoking and open fire are neither permitted inside the venue nor on the terrace.
    
2. Participants who violate the T&C, or who disrupt an event, or who harass other participants, or who interfere in other negative ways with an event, may be ejected. Also, if there is probable cause, admission to an event may be denied. The hbf may bar such persons from entering the premises in the future.
    
3. The hbf reserves the right to bar persons from its premises who are members of parties or groups of the extreme right, or who belong to the political spectrum of the far-right, or who, in the past, have made racist, or jingoistic, or anti-Semitic, or other statements that violate basic human rights. Such persons may be banned from events or they may be ejected.
    
4. It is prohibited to bring weapons, ignitable torches, pyrotechnics, or other dangerous objects onto the premises. Any contravention may result in ejection.
    
5. With the exception of assistance animals, animals are not permitted on the premises.
    
6. In case of fire or other imminent danger, visitors will have to leave the hbf premises via the marked emergency exits and follow the instructions of staff.

§ 6 Audio and Video Recording

1. The hbf reserves the right to prohibit photography, audio and video recording during and / or after events and / or the use of mobile or other devices (especially smartphones) for recording or streaming events.
    
2. It is prohibited to record images or audio for commercial purposes and especially for advertising. Recordings made for private use are permitted unless stated otherwise, see § 6 (1). The hbf emphasises that any recording and / or use of such recording, even if it is for private purposes, may infringe the rights of third parties, especially their copyright or their personality rights. Whenever the hbf permits recordings, this does not imply that third parties have consented or have granted a legal right of use.
    
3. We would like to emphasise that contractors or other accredited persons will take pictures and record audio and video during events for the purpose of documenting an event and individual participants.
   Some such recordings will be published on the hbf’s websites and social media pages (Twitter, Facebook, Instagram).
   By participating in an event, visitors give their consent to a possible publication of photos / recordings on which they may be recognised. Regarding photos / recordings which focus on individuals, those individuals have the right to notify the photographers or hbf staff that they do not want to have their picture taken. In case this should prove to be impossible, or in case this is ignored, we will, once notified, subsequently disallow the use of such material, provided this is within our purview. 

§ 7 Liability

1. In case of a breach of contractual or extra-contractual responsibilities, and if not stated otherwise in these T&C, the question of the liability of all contracting parties is governed by the relevant legal provisions.
    
2. The hbf will only be liable for damages – no matter on what legal basis – if they were incurred because of malice or gross negligence on the part of the hbf, its legal representatives or their subcontractors and agents. In case of ordinary negligence on the part of the hbf, its legal representatives or their subcontractors and agents, the hbf will only be liable if
   1. there is physical damage, or if health impairments are incurred, or if
   2. there are damages resulting from a substantial breach of contract (that is, of obligations that have to be met in order to realise the event in the first place, and on whose fulfilment the visitors may commonly and fully rely). In such cases the liability of the hbf is limited to predictable, typical damages.
       
3. The exemption from liability as stated in § 7 (2) of these T&C also includes subcontractors, agents and legal representatives of the hbf.
    
4. The exemption from liability as stated in § 7 (2) of these T&C does not apply, if the hbf or one of its representatives conceals a defect with malice, or if certain services have been explicitly warranted by the hbf or one of its representatives. The same applies regarding claims, visitors make according to German product liability law.
    
5. A violation of duty, which does not constitute a defect, will only then give visitors the right to rescind or terminate a contract, if the hbf is responsible for this violation of duty. The visitors do not have the right to terminate a contract at will (according to § 649 BGB, that is, the German civil code). Otherwise all legal premises and legal consequences apply.

§ 8 Contacting the hbf

The hbf can be reached as follows:

Heinrich-Böll-Stiftung e.V. (hbf)
Schumannstraße 8
10117 Berlin
phone: +30-28534-0

§ 9 Final Provisions

1. These General Terms and Conditions are effective as of 01.01.2023.
    
2. In case, some individual provisions that are part of these T&C regarding events should prove to be void or invalid, this will not effect the validity of the other provisions. Other than that, the relevant legal provisions apply.
    
3. The contractual relationship is subject to the law of the Federal Republic of Germany.