1. Scope; amendments to the standard terms and conditions; price revisions
1.1 These terms and conditions apply to use made by you of the fee-paying service named FC Bayern.tv plus (previously FCB.tv), which you (the "User" in the following) may subscribe to online at www.fcbayern.com or by telephone. The service is provided by FC Bayern München AG, Säbener Straße 51-57, 81547 Munich, represented by its directors, Oliver Kahn, Jan-Christian Dreesen, Andreas Jung, Hasan Salihamidžić and Jörg Wacker (referred to as "FCB" in the following).
1.2 FCB may at any time further amend these terms and conditions as it sees fit, and may particularly revise the user fee should the service be extended or improved or in the event of changed cost factors. FCB informs Users of economic and legal changes to the standard terms and conditions by e-mail, advising them that a User is deemed to accept the changes where no objection is raised against them within four weeks. Users are required to ensure FCB is in possession of a current, functioning e-mail address for them at all times (see clause 2.1).
1.3 FCB is at all times within its rights to extend, alter and/or carry out improvements in the services on offer, provided that, taking due account of FCB's interests, the alterations are within reason for Users. This is especially so if alterations entail no economic disadvantage to Users, such as when a new feature is introduced.
2. Signing up; contractual formalities; written form (on paper or virtual); password
2.1 Signing up for the service entails Users getting themselves registered, which they can either do themselves or ask FCB to do by telephone. Users give an undertaking that all details requested at the time of registration will be correct and complete and that they will keep those details up to date in the event of future changes. Users can enter updated details in the area marked "FC Bayern.tv plus" whilst logged in to MyFCB profile management. Failing FCB's sending a notice of acceptance by e-mail to the User's noted e-mail address within three days, the User is no longer bound under his/her service request. Immediately FCB confirms the service request by e-mail, the User and FCB are bound contractually.
2.2 No offer, statement of acceptance, amendment or other side-agreement or arrangement that is made prior to or at the time of contract formation shall be of legal force or effect unless set down formally in writing (whether on paper or in a virtual format).
2.3 A User may register only once (if a User no longer knows their password, it can be reset using the "forgotten password" feature).
2.4 The User promises that they will never divulge their password, even if it should be requested. FCB would draw Users' attention to the fact that FCB staff are not authorised to ask Users for their password.
2.5 The User is liable for all and any loss arising as the result of third parties learning of their password owing to a negligent or wilful act on their part. If a password should be stolen or if a User becomes aware of unauthorised use being made of their password by an outside party, they must inform FCB by e-mail sent via the "Feedback" facility without delay.
3. Cooling-off period
Users have a period of 14 days in which they may withdraw from the contract, without requiring to state their reason for doing so. The 14-day cooling-off period commences on the date of formation of the contract.
To exercise the right to withdraw, the User must send an unequivocal statement (e.g. in a letter sent by post or an e-mail) to FC Bayern München AG, Säbenerstr. 51-57, 81547 Munich (e-mail: email@example.com) giving notice of their decision to withdraw from the contract. The following standardised form is offered as a courtesy, although the right of withdrawal may be exercised in any other valid manner.
The deadline for withdrawal is deemed adhered to provided dispatch of the User's statement notifying their withdrawal is effected prior to expiry of the period.
Users may furthermore opt to exercise their right of withdrawal using the self-service facility under the "FC Bayern.tv plus" section in the myFCB profile management feature.
Consequences of withdrawal
When a User withdraws from their contract, FCB will refund all and any payments it has received from the User promptly and in all events within 14 days of the date of its receipt of the User's notification of withdrawal. Refunds are made using the same means of payment as was used by the User in the original payment transaction, subject to such other agreements as may be made with the User; in no event will the refund transaction engender any charges for the User.
Please take particular note:
Should any service be provided at a time prior to expiry of the cooling-off period, the User's right to withdraw extinguishes immediately at that earlier point where it is with the User's express permission or at their own request that FCB initiated the service.
If the User stipulates that the service should commence whilst the cooling-off period is still running, they are liable to pay FCB for the services that have already been provided to them up to the time they notify their withdrawal from the contract, in an amount proportional to the full service charge under the contract.
4. Licence charge
The licence charge due is that shown on the price list in its current version, which may be amended from time to time and can be found under "FC Bayern.tv plus" or online at https://fcbayern.com/fcbayerntv/en/videobenefits. The amount payable for the requested service period is due in full upon registration and, according to the means of payment chosen by the User, deducted from their bank account or credit card account. FCB's e-mail confirmation is deemed to constitute the relevant payment demand. Where a subscription extends in terms of clause 7, the new licence charge is payable immediately upon commencement of the extension period.
4.1 Where it is agreed that payment will be made by SEPA direct debit and FCB's contract partner issues the appropriate debit authorisation, the following is of application:
Advance notice of an imminent debit transaction is generally given by FCB, accompanied by the invoice documentation (or using such other channel of communication as might be agreed with the contract partner) by no later than one (1) calendar day before the date the debit charge is due to be made ("pre-notification"). The funds are debited on the due date stated in the payment demand (confirmation e-mail); no separate pre-notification is sent. Direct debits are collected in terms of the due date stated on the relevant payment demand (confirmation e-mail). If the due date falls at a weekend or on a bank holiday, the due date shifts back to the next following banking day. Even where User is not the holder of the account from which the services are paid for, the pre-notification is sent to the User. The User gives an undertaking that they will inform the account-holder of the imminent debit charge.
4.2 The User bears responsibility for ensuring the account is in sufficient funds. Costs arising due to the debit order failing by being dishonoured or reversed will be borne by the User insofar as said failure is not due to FCB.
4.3 Where a purchaser gives notice of their bank details in the context of online trading, they implicitly confer a SEPA direct debit authorisation, and this is confirmed to the User by separate e-mail.
5. User's obligations; system requirements
5.1 No use may be made of the services other than for purely personal purposes. Use for business and/or commercial purposes is not permitted. Users are especially forbidden from using the services for the purposes of publicising other websites, services or commercial offerings.
5.2. To use the services, Users have to meet these technical criteria:
- Chrome 44 or higher
- Firefox 40 or higher
- Desktop Safari X 10.11 or higher
- Microsoft Edge 42.17 and higher
- No optimisation for Opera
- No optimisation for Internet Explorer
Mobile operating systems for use in browser mode
- iOS 9 or higher
- Android 4.4 or higher (full HTML5)
- Windows 9 or higher
- These devices are not supported: Symbian, WebOS, Bada, Maemo, MeeGo
- Possible limitations on certain older Android, Blackberry and Feature Phone versions
- Flash: Adobe Flash plug-in 10 or higher
- Mobile Flash: Although no longer supported, this is still the best available mode of display for a number of Android devices
- HTML5: complete support for full HTML5
- No optimisation for Linux
5.3 Users are obliged to abstain from breaching any applicable laws while making use of the offered services.
6. Right of use
Users are granted only a personal right to utilise the services. They may not pass user credentials on to other persons. The User is liable to FCB for all and any loss arising due to unauthorised disclosure of user credentials.
7.1 FCB is liable without limitation in cases where it acts wilfully or with gross negligence. If an act of slight negligence on FCB's part results in breach of a core duty of performance or an ancillary duty and if attainment of the contract's objective is thereby jeopardised or the duty thus breached is a necessary prerequisite to due implementation of the contract as a whole and the User placed warranted reliance in its performance (referred to below as a "material ancillary duty"), FCB's liability is limited to the losses characteristic of this type of contract that were reasonably foreseeable upon its formation. FCB declines all liability for any slightly negligent non-fulfilment of an ancillary contractual duty other than a material ancillary duty.
7.2 The foregoing exclusions and limitations of liability do not apply to losses culpably occasioned and resulting from harm to life, limb or health, nor do they apply to claims by the User based on the Product Liability Act, an averment of fraudulent misrepresentation or such quality warranty as is deemed given by FCB. They do not have the effect of shifting the onus of proof to the User's disadvantage.
7.3 The foregoing exclusions and limitations of liability extend to the personal liability of FCB's legal representatives and those of its staff deployed in fulfilling FCB's performance obligations.
8. Term; termination
8.1 Subscriptions to FC Bayern.tv plus (previously FCB.tv) run for the period for which they are ordered and, barring termination of the service on a notice period of two weeks prior to the scheduled term date, subsequently extend automatically for the same period or one year, whichever is the shorter.
8.2 If the User fails to fulfil all or any of their payment obligation despite issue of a final notice giving adequate time to pay off the outstanding liability (which may also be sent to the e-mail address supplied by the User), FCB is entitled to terminate the User's subscription without further notice.
9. Data protection; credit checks
In cases justifying its doing so (such as direct debit procedures), credit checks involve FCB exchanging addresses and details of credit status with credit service providers. These service providers are given access only to such personal data as is required by them in order to carry out the task in question.
10. Alternative dispute resolution under the Consumer Dispute Resolution Act
FCB is not obliged, and moreover declines, to submit to dispute resolution procedures held before a consumer arbitration tribunal.
11. Applicable law; jurisdiction; part unenforeceability
11.1 German law applies hereto, under exclusion of the Vienna Convention 1980. Where the User qualifies as a consumer in terms of section 13 of the German Civil Code and has his or her usual residence in a member state of the European Economic Area other than Germany, then such protection as might be afforded them under the relevant provisions of the municipal law of their place of sojourn and which may not be contractually deviated from is not hereby affected.
11.2 Should it be found that any one or more of the provisions of these standard terms and conditions is or has become entirely or partially lacking in force and effect, this will not impinge on the overall effectiveness of the contract or its other provisions.
Last revised July 2020