General Terms and Conditions of Use of FC Bayern München AG for use of the services on the www.fcbayern.com website
1. Scope; amendments to GTCs
1.2 FC Bayern reserves the right to amend these Terms and Conditions as to the future. FC Bayern shall notify the User of amendments to these GTCs by email and advises the User that amendments are deemed accepted if the User does not object to them with four weeks’ time. The User is obliged to keep his email address updated at all times (see sec. 2.1).
2. Registration; formation of contract; right of cancellation
2.1 In order to be able to use/subscribe for the services of the www.fcbayern.com website, the User may/must register. By registering, the User undertakes to correctly and completely provide the data query at the time of registration, which the User must at all times keep updated to the most current status in the event of any changes. The User may make updates when logged in under “MyFCB-Profile”.
2.2 Right of cancellation
Advice on rights of cancellation
The User has the right to cancel this contract within 14 days’ time, without the need to state grounds of cancellation. The cancellation period is 14 days from the date the contract was formed.
In order to exercise his right of cancellation, the User must inform FCB (FC Bayern München AG, Säbener Str. 51-57, 81547 Munich, Tel.:089/69931-666 Telefax: 089/6132451, email: email@example.com) by unambiguous declaration (e.g. letter dispatched by post or facsimile/email) of his decision to cancel this contract. The User may for this purpose use the attached model cancellation form, although that form is not required. For purposes of complying with the cancellation period, it shall suffice if the User dispatches his notification that he is exercising his right of cancellation prior to expiry of the cancellation period.
Consequences of cancellation:
If the User cancels his contract, FCB shall refund all payments to the User which FCB received from him without delay (within 14 days at the latest from the date on which FCB received his notification that he was cancelling his contract). For such refunds, FCB shall use the same mode of payment which the User used for the original transaction except where a different agreement is expressly made with the User; in no case will the User be charged any fees for such refund.
In the case of services, the User’s right of cancellation shall expire prematurely if FCB has commenced performing the services with the User’s express consent prior to the end of the cancellation period or the User himself has initiated this.
Where the User requests that the services commenced during the cancellation period, the User shall pay a reasonable amount to FCB corresponding to the pro rata proportion of the services already rendered up to the point at which the User notifies the FCB of his exercise of his right of cancellation of this contract, relative to the total volume of services envisaged by the contract.
Pursuant to sec. 312d (3) German Civil Code [German acronym: BGB], this right of cancellation shall end prematurely where the User uses the activation code contained in the confirmation email to activate the services ordered. In the event of a valid cancellation, the consideration received must be re-conveyed and, where applicable, any benefits derived therefrom must be disgorged. In particular, the provider shall refund any payments of the User which may previously have been made to the User.
2.3 FC Bayern reserves the right to extend, modify and/or make improvements to the services offered at any time where such changes are reasonable to the User, taking account of FC Bayern’s interests. This will particularly be the case where the changes do not entail any commercial disadvantages to the User, e.g. because new functionalities are being introduced.
2.4 To prevent the creation of duplicates, only one-time registration is permitted. (In the event that you have forgotten your password, you may set a new password using the “forgot password” function.)
2.5 The User undertakes that he shall not disclose his password even when requested to do so. We advise users that FC Bayern staff or call centre agents are not authorised to ask users for their passwords.
2.6 The User shall bear liability for losses arising where, as a result of the User’s negligence or intentional act, third parties gain knowledge of their password. If a User’s password has been stolen or if the User learns that third parties are wrongfully using his password, he must notify FC Bayern immediately via the feedback box or email.
3. Compensation for fee-based services/price adjustments
3.1 To the extent the services are provided on a fee-paying basis and no separate GTCs apply (as in the case of FC Bayern.tv plus), the amount applicable to the period ordered shall fall due for payment in full at the time of registration and shall be debited/collected depending on the mode of payment selected by the User. Where no direct debit authority has been provided, the User must remit payment immediately upon activation of his account.
3.2 FC Bayern reserves the right to make appropriate modifications to its prices for fee-based services in the event of extensions/improvements of services within the meaning of sec. 2.3 or where there are changes to the cost factors involved. Secs 1.2 sentences 2 and 3, shall apply mutatis mutandis.
4. Duties of User;
4.1 The services may only be used for private purposes. No use thereof for commercial purposes is permitted. In particular, the User may not use the services in order to advertise for other websites, services or commercial offers.
4.4 The User bears a duty not to breach applicable law when using the website and the services offered on it. In particular, the User shall ensure that content disseminated by the User (including links) do not infringe on any third party rights (such as copyright) or violate applicable criminal law or the Protection of Youth Act and, thus, in particular, that the User shall not disseminate any content which is racist, pornographic, obscene, which glorifies violence or drugs, which constitutes defamation or which is inappropriate for minors. The User likewise undertakes that he shall not disseminate any viruses or unsolicited mass mailing and that the User shall furthermore refrain from doing anything else which could pose a risk to the capacity and availability of the services. Users are likewise not permitted to solicit others’ participation in chain letters, pyramid schemes and other games of chance.
4.5 The User shall bear full legal responsibility for his own conduct and for content contributed by him (including links). In this respect, the User shall indemnify and hold FC Bayern harmless against any potential third party claims and against the costs of any necessary legal defence which may be asserted against FC Bayern due to the User’s actions or content.
5. Third party content; deletion of content
5.1 The content uploaded, sent or received by users does not constitute content of FC Bayern (“Third Party Content”) but rather is attributable solely to the User who uploads such content. Because such content is uploaded in real time, FC Bayern is unable to review the content at short notice.
5.2 The User hereby consents to the use and publication of its content on all platforms.
5.3 As soon as FC Bayern learns of manifestly unlawful content, FC Bayern shall be entitled to delete such content without prior notice. It will, in particular, do so where any breach of sec. 4.4 is present. The same shall apply in cases in which FC Bayern receives a demand from a public authority or a court to remove such content or is obliged to cease and desist in order to avoid litigation with a third party. In other cases in which the well-founded suspicion of a violation of law exists, FC Bayern may delete the content to avoid any further damages and initially block the User.
6.1 In further and other respects, FCB shall be liable within the scope of this Agreement in cases of statutory or contractual liability to pay compensation for losses/compensation of frustrated expenses caused by FCB, its legal representatives or vicarious agents, in cases of intentional acts or omissions and gross negligence. In cases of a breach of a primary contractual obligation or an ancillary obligation by slight negligence, where such breach places achievement of the purpose of the contract at risk, or where performance of the obligation in question is an initial prerequisite to proper performance of the contract and is one on which customers may normally rely (hereinafter “Material Ancillary Obligation”), FCB’s liability shall be limited to losses which are typical to the contract and which were foreseeable at the time the contract was formed. FCB shall bear no liability for slight negligent breach of contractual ancillary obligations which do not form a part of the Material Ancillary Obligations.
6.2. Claims for culpable infliction of damage to life, limb or health, claims under the Product Liability Act, claims for fraud or deception, claims based on a warranty of the qualities of an item sold assumed by FCB, or for any procurement risk assumed by FCB shall remain unaffected hereby.
6.3. This limitation on liability shall also extend to the personal liability of FCB’s legal representatives and vicarious agents.
7. Term; termination
7.1 Where no separate GTCs apply (such as in the case of FC Bayern.tv plus, Online-Fanshop, Ticketing, etc.) fee-based services have a fixed term for the period for which the order is placed, and thereafter shall be automatically extended in each case by the period for which the order is placed, to a maximum, however, of one year each, if the service is not terminated prior to this upon six weeks’ notice to the end date.
7.2 Where, despite a written warning setting a reasonable grace period to the email address indicated by the User, the User fails to discharge his payment obligations, FC Bayern may terminate the service in question without notice.
7.3 Gratuitous services may be terminated by either party with immediate effect, without the need to state any grounds. The User may deregister from the service in question when logged in, by using the appropriate deregistration process. For deletion of a personal User account, please send an email to firstname.lastname@example.org. In respect of the newsletter, the User is informed regarding this option for deregistration again in the footer of each newsletter. FC Bayern shall inform the User regarding termination of any service by email to the email address indicated by the User at the time of registration.
8. Data protection, intellectual property rights
8.1 For FC Bayern, compliance with the applicable data protection rules is a matter of course. FC Bayern shall use the data only within the scope permitted by law, e.g. in order to perform the contract or to inform you about goods or services which are similar to the goods and services you have ordered. You may object to any use or transmission of your data for advertising purposes or for purposes of market or opinion research by contacting us at any time at email@example.com. We will advise you again of this right of objection each time we contact you for advertising purposes.
To the extent the User uses other services of the fcbayern.com website, e.g. Ticketing, Fan-Shop, in some cases there is also an option of prepopulating the order form using existing data at the User’s request.
You will find the data protection statement at http://www.fcbayern.com/de/datenschutz/
In the event that the ArenaCard application is used to pre-fund the card, the data required to handle this procedure will be forwarded to Allianz Arena Payment GmbH.
8.2 All of the logos, photographs and other images on FC Bayern’s internet presence are protected by trademark/copyright. Any use thereof without consent of FC Bayern, in particular the unauthorised downloading of images, is prohibited and FC Bayern will pursue violators under civil law/criminal law.
9. Final provisions
9.1 The law of the Federal Republic of Germany shall govern.
9.2 Where the counterparty is a ‘merchant’ within the meaning of the German Commercial Code [German acronym: HGB], a legal entity under public law or a special fund under public administrative law, where the counterparty lacks a general place of jurisdiction within Germany or where the counterparty’s domicile or usual place of residence is unknown at the time of filing suit, exclusive jurisdiction and venue for all disputes arising out of and in connection with this party’s contractual relations shall lie with the courts of Munich. The place of performance for payment, delivery of goods and services shall be the registered office of FC Bayern in Munich.
9.3 No amendments to these Terms and Conditions shall be valid unless made in written form. The foregoing shall also apply to any revocation or amendment of this written form clause. Transmission by facsimile or email shall not be deemed to satisfy the written form clause.
Version of 8 July 2016