Terms & Conditions

Part A — Travel Packages

The following provisions exclusively govern the booking, content, performance and termination of package travel and experience contracts between you and ECD Beyond Experiences GmbH (“Beyond Bagatelle”, “we”, “us”). Membership in the Beyond Bagatelle Membership Program itself is governed solely by the provisions set out in the Terms & Conditions for the Beyond Bagatelle Membership Program and does not give rise to any entitlement to the conclusion of specific travel contracts. For all trips and experiences offered and booked within the scope of the membership, the following travel terms and conditions shall apply in addition to, and with precedence over, the statutory provisions.

1. Requirements for Using Travel Services

Membership in the Beyond Bagatelle Membership Program is a prerequisite for using travel services of Beyond Bagatelle.

2. Intermediary Role of Beyond Bagatelle in Relation to Third-Party Travel Services

2.1 Flight services

In general, Beyond Bagatelle’s travel services do not include flight transport services to Beyond Bagatelle’s destinations and event venues. If and to the extent that singular flight transport services are not specifically advertised as part of the travel package offered and rendered by Beyond Bagatelle, Beyond Bagatelle — in addition to offering its own travel packages — acts as a mere intermediary agent in relation to such flight transport services on behalf of the principal party providing such flight transport services (the airline).

2.2 Ancillary services

If and to the extent that, in addition to offering flight transport services as a mere intermediary agent, Beyond Bagatelle offers ancillary travel services also as an intermediary agent of another principal service provider (e.g. arrangement of flight transport as main service plus airport lounge access as ancillary service) and such additional ancillary service does not constitute a material value in relation to the arranged combination’s total value and the added ancillary service neither constitutes any special attribute of the combination nor has been advertised by Beyond Bagatelle as such, Beyond Bagatelle shall act as a mere intermediary agent in relation to such service combination.

2.3 Linked travel arrangements

Beyond Bagatelle shall act as agent of linked travel service arrangements if, pursuant to the relevant legal regulations of Sec. 651w BGB, the legal prerequisites accordingly defined herein are fulfilled.

2.4 Liability when acting as intermediary

Notwithstanding Beyond Bagatelle’s obligation as an agent of linked travel service arrangements (including due provision of requisite information by way of submitting a form as well as providing due security coverage for customer payments collected by Beyond Bagatelle) and the legal consequences of failing to meet such statutory obligations, Beyond Bagatelle shall in the cases described in Clauses 2.2 and 2.3 above neither act as tour operator nor contracting party in relation to individual flight services being booked by the client. Beyond Bagatelle shall hence bear no liability whatsoever in relation to such arranged flight services, except insofar as mandatory statutory provisions remain unaffected.

2.5 Obligations as intermediary

When acting as an intermediary agent, Beyond Bagatelle is especially obliged as follows:

• (a) When advertising a flight travel service, Beyond Bagatelle shall clearly indicate that it merely acts as an intermediary agent in relation to such service and identify the responsible service provider in each case;
• (b) Beyond Bagatelle shall state the price of each flight travel service offered as an intermediary agent separately from the price of the travel package;
• (c) Beyond Bagatelle shall issue separate booking confirmations in accordance with the above provisions in relation to flight travel services sold by it as an intermediary agent.

Beyond Bagatelle’s liability as an intermediary agent shall remain unaffected by the above provisions.

3. Conclusion of the Travel Package Contract / Client Obligations

3.1 General provisions for all booking methods

The offer of Beyond Bagatelle and the client’s booking shall be based on the published description of the travel package offered as well as any supplementary information as provided by Beyond Bagatelle (such as classification specifications) and available to the client at the time of his/her booking.

Travel agents and booking service providers are not authorised by Beyond Bagatelle to conclude contracts on Beyond Bagatelle’s behalf, to provide information or warranties which in any way amend the agreed contents of the travel package contract, go beyond the published description, or contractually provide warranties of the travel package or contradict same.

If the booking confirmation communicated by Beyond Bagatelle differs in any way from the booking placed by the client, such confirmation shall constitute a new offer by Beyond Bagatelle which Beyond Bagatelle will be bound to for a period of 10 days. The travel package contract shall be concluded on the basis of this new offer, provided Beyond Bagatelle has indicated such amendments to the client and has duly fulfilled its pre-contractual information duties in relation thereto and provided, moreover, the client has accepted the same, either expressly or tacitly by way of effecting payments in this regard within the aforementioned binding period.

In relation to any client bookings made not only for the client him/herself but also for and on behalf of fellow travellers, the client shall be liable for the contractual obligations of such fellow travellers in the same way as for its own contractual obligations, provided the client has expressly undertaken to assume such fellow travellers’ obligations by way of a separate declaration to this effect.

3.2 Bookings made telephonically, in writing, by e-mail, or by fax

By way of placing a booking, the client — in a contractually binding manner — furnishes an offer to Beyond Bagatelle to enter into a travel package contract to which it shall be bound for a period of 3 working days. The corresponding travel package contract is concluded upon the client receiving Beyond Bagatelle’s acceptance which is given by way of Beyond Bagatelle’s booking confirmation. Upon or immediately subsequent to the conclusion of the travel package contract, Beyond Bagatelle shall provide the client with a corresponding booking confirmation document compliant with the statutory provisions defining its necessary contents.

3.3 Electronic bookings (via internet, app, or telemedia)

By activating the “send” button in connection with confirming a binding booking with a payment obligation, the client furnishes to Beyond Bagatelle a binding offer to conclude the travel package contract, which the client shall be bound to for a period of three working days. Immediately thereupon, the client will automatically receive an electronic confirmation of receipt in relation to his/her travel booking. Transmitting the travel booking does not entitle the client to any rights regarding the conclusion of a travel package contract — Beyond Bagatelle remains free to, at its sole discretion, accept the client’s travel booking or not. The travel package contract shall be concluded upon the client receiving Beyond Bagatelle’s respective booking confirmation, which shall be provided on a durable medium.

3.4 Right of withdrawal

Beyond Bagatelle advises the client herewith that, according to the applicable statutory provisions (Section 312(7) BGB), the client shall not be entitled to any right of revocation in relation to travel package contracts which according to Sections 651a and 651c BGB have been concluded remotely. The client’s statutory rights to cancellation, especially cancellation rights according to Section 651h BGB (see also Clause 8 below), shall remain unaffected.

4. Payment

4.1 Advance and balance payments

Prior to complete fulfilment of all services which are to be provided by Beyond Bagatelle under the travel package contract, Beyond Bagatelle and its agents shall only be allowed to collect client payments in relation to the travel package price, provided that a valid protection contract for the purposes of securing such client payments in accordance with Section 651r BGB exists and that the client has been provided with a corresponding security certificate (Sicherungsschein). Following conclusion of the travel package contract and upon such security certificate having been provided to the client, an advance payment amounting to 20% of the travel package price shall become due. Payment of the residual balance amount shall become due 30 days before the start of the travel, provided that the security certificate has been handed over and the trip can no longer be cancelled for the reason stated in Clause 10. In relation to bookings placed within a term shorter than 4 weeks prior to travel services commencing, the entire travel package price shall be payable immediately upon booking.

4.2 Failure to pay

If the client fails to pay the advance payment and/or the residual balance in accordance with the agreed payment terms, despite Beyond Bagatelle having duly fulfilled its statutory information duties and being ready and able to duly perform the contractual travel package services, and provided, moreover, the client does not hold any legal or contractual right to retain or offset such payments, Beyond Bagatelle will submit to the client a reminder notice defining a period within which the client is to effect such overdue payments. In the event of the client continuing to fail to effect such payments within such defined deadline, Beyond Bagatelle will rescind the travel contract and charge to the client cancellation fees in accordance with the provisions of Clause 8 below.

4.3 Payment processing

Travel price payments are processed by the payment service provider Stripe Inc. via the Stripe Checkout interface. By completing payment, you also agree to Stripe’s Terms of Service. We do not store or have access to your full payment card details.

5. Nature of Driving Events and Requirements for Participation

• The nature of each driving event shall correspond to the descriptions as respectively published or advertised by Beyond Bagatelle.
• The events are aimed at improving the clients’ driving skills and not at achieving maximum speeds.
• The events are aimed at: (a) improvement of participants’ driving skills; (b) safe control over one’s own vehicle (interaction of human – vehicle – road); (c) promoting safety awareness; and (d) enhancing technical and medical knowledge.

6. Amendments to the Travel Package Contract Prior to Performance

Any amendments becoming necessary in relation to material specifics of travel services after conclusion of the respectively underlying travel package contract and prior to commencing performance of the corresponding travel services shall only be allowed if such amendments are not substantial to and do not impair the overall nature of the contractually agreed travel package services. The aforementioned shall not apply if such amendments become necessary due to Beyond Bagatelle having acted in breach of good faith.

Beyond Bagatelle shall be under an obligation to, without undue delay, clearly, comprehensibly, and prominently inform the client by way of a durable medium about any amendments relating to travel services under the travel package contract upon Beyond Bagatelle receiving knowledge of the reasons which make such amendment necessary.

In the event of any substantial amendments becoming necessary in relation to material specifics of travel services or in case of any changes arising with respect to special client requests, the client shall be entitled to, within an adequate period defined by Beyond Bagatelle, either accept the amendment, cancel the travel package without incurring any cancellation fees, or accept the provision of an alternative travel package, if Beyond Bagatelle has offered such an alternative. If the client fails to cancel the travel package contract within the period defined by Beyond Bagatelle, the amendment shall be deemed to have been accepted by the client.

Any and all warranty claims remain unaffected as far as the amended travel services are deficient in any way or have not been duly fulfilled.

7. Increase and Decrease of the Travel Package Price

Beyond Bagatelle, in accordance with Sections 651f, 651g BGB and subsequent provisions, reserves the right to increase the travel package price in the event of any of the following occurring after the conclusion of the travel package contract: (a) any increase in cost of carriage resulting from increased fuel or other energy source prices; (b) any change of foreign currency exchange rates with increase of taxes, levies or fees payable with respect to contractual travel services such as tourism taxes, port and airport fees; or (c) any change of foreign currency exchange rates directly affecting the travel package price.

Any increases of the travel package price shall only be admissible if Beyond Bagatelle clearly and comprehensibly informs the client in written text about such price increase and its reasons, including the calculation of same. Any increases shall only be admissible if received by the client no less than 20 days prior to performance of the travel package services.

In the event of any travel package price increase exceeding 8%, the client shall be entitled to, within the period adequately defined by Beyond Bagatelle when informing the client about such increase, either accept the amended price or cancel the travel package without incurring any cancellation fees. If the client fails to cancel within the period defined, the increased travel package price shall be deemed to have been accepted by the client.

8. Client Cancellations Prior to Commencement of Travel Services / Cancellation Fees

The client shall be entitled to cancel the contractual travel services at any time prior to commencement of their provision by Beyond Bagatelle. Cancellations are to be notified to Beyond Bagatelle at the address provided below. For evidence purposes, the client is recommended to provide cancellation notices in written text.

In the event of a client cancelling the booked travel package prior to commencement of their provision by Beyond Bagatelle or if the client fails to utilise the travel services (no-show), Beyond Bagatelle shall have no right to claim payment of the contractually agreed travel price. Instead, Beyond Bagatelle shall be entitled to claim payment of adequate compensation in consideration of preparations made and costs incurred at the time of the cancellation being notified to it. The aforementioned shall not apply if the client’s cancellation is caused by reasons falling into the scope of Beyond Bagatelle’s responsibility or if the cancellation was caused by the occurrence of unavoidable, extraordinary circumstances at or in direct proximity to the client’s destination which would materially impair the provision of travel services.

Standard cancellation compensation (travel packages)

In any event, the client shall retain the right to positively prove that Beyond Bagatelle has incurred no damages or damages which are substantially lower than the standard charge claimed. It is strongly recommended to conclude travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.

9. Unused Travel Services

In the event that, for reasons that fall into the traveller’s scope of responsibility and in relation to which the traveller holds no statutory right to cancel the travel package contract free of charge, the traveller fails to utilise individual travel services despite having been duly offered the provision of same (e.g. due to early return or for other compelling reasons), the traveller shall not be entitled to a pro-rata refund of the contractually agreed travel package price. Beyond Bagatelle shall apply reasonable endeavours to obtain refunds of any accordingly unexpended costs from its suppliers. Such obligation shall not apply if the respectively unused services are absolutely insignificant.

10. Cancellation Due to Failure to Reach the Minimum Number of Participants

Beyond Bagatelle may withdraw from the contract if the minimum number of participants is not reached in accordance with the following provisions:

• (a) The minimum number of participants and the latest date by which Beyond Bagatelle’s notice of withdrawal must be received by the client must be specified in the respective pre-contractual information.
• (b) Beyond Bagatelle must specify the minimum number of participants and the latest withdrawal deadline in the travel confirmation.
• (c) Beyond Bagatelle is obliged to immediately notify the client of the cancellation of the trip if it is certain that the trip will not take place due to the minimum number of participants not being reached.
• (d) Cancellation by Beyond Bagatelle later than 30 days before the start of the trip is not permitted.

If the trip is not carried out for this reason, the client shall be refunded any payments made towards the travel price without delay.

11. Termination on Grounds of Conduct

Beyond Bagatelle shall be entitled to cancel the travel package contract with immediate effect if, despite Beyond Bagatelle’s explicit warning, the traveller continues to interrupt the provision of travel services or if the traveller violates the contract to an extent sufficiently substantial to justify Beyond Bagatelle’s summary cancellation of the contract. This shall not apply if the traveller’s violation of the contract was caused due to Beyond Bagatelle’s failure to duly fulfil its information duties prior to concluding the travel package contract.

If Beyond Bagatelle cancels the contract for the above reasons, it shall remain entitled to demand full payment of the travel package price. However, any unexpended costs as well as any and all proceeds generated by selling unutilised travel services to other travel clients or any refunds received from travel suppliers in this respect are to be deducted from Beyond Bagatelle’s respective claims.

12. Obligations of Clients

12.1 Travel documents

Clients shall be obliged to notify Beyond Bagatelle or the travel agent who has concluded the travel package contract with the client on Beyond Bagatelle’s behalf, if it has not duly received the travel documents within the time specified by Beyond Bagatelle.

12.2 Deficiencies / remedy

If the travel services performed under the travel package contract are in any way deficient, the traveller is entitled to demand remedy. If and to the extent that, due to the traveller’s failure to duly report a service deficiency, Beyond Bagatelle has been unable to remedy same, the traveller shall neither be entitled to refund in accordance with Section 651m BGB nor to compensation of damages in accordance with Section 651n BGB in this regard. Clients shall be obliged to, without undue delay, report to Beyond Bagatelle’s authorised representatives onsite the occurrence of any travel service deficiencies and demand remedy of same. Travellers will be informed about the availabilities of Beyond Bagatelle’s onsite representatives or contacts by way of the travel documents issued by Beyond Bagatelle.

12.3 Setting a deadline prior to cancellation

If the client/traveller pursuant to Section 651l BGB intends to cancel the travel package contract due to a service deficiency as defined in Section 651i Subsection (2) BGB that is substantial, the client/traveller shall be required to first define an adequate deadline within which Beyond Bagatelle is to remedy the reported deficiency. This shall not apply if Beyond Bagatelle has previously refused to take adequate remedial measures or if it is necessary that immediate remedial measures are taken.

12.4 Damage and loss of baggage during flights

The traveller is advised that, in accordance with the relevant air traffic regulations, any loss or damage or late delivery of baggage in connection with the performance of flights is to be reported without undue delay onsite to the performing airline carrier by way of a Property Irregularity Report (P.I.R.). In the case of any baggage damages, the P.I.R. is to be submitted within 7 days; in the case of any baggage delivery delay, within 21 days after delivery. In addition, any loss, damage, or misdirection of travel baggage is to be reported to Beyond Bagatelle, its representatives or contacts, or to the travel agent who has concluded the travel package contract on Beyond Bagatelle’s behalf without undue delay.

13. Driving Events: Special Client Obligations / Pre-Conditions of Participation

• Participation in events which involve the use of a vehicle shall be reserved exclusively for clients who are at least 25 years old and have been in possession of a valid driver’s licence for at least 3 years. The client is obliged to allow inspection of his/her driver’s licence by staff members of Beyond Bagatelle prior to commencement of such events. Drivers not holding a valid EU or Swiss driver’s licence may be requested to provide an international driving permit (IDP issued in Roman letters) in addition to their national licence.
• Only participants approved by Beyond Bagatelle may participate in events that involve the use of vehicles. It is the client’s sole responsibility, prior to booking Beyond Bagatelle’s travel services, to obtain reassurance that with regard to his/her driving skills and state of health the client shall be fit to participate in any of the event components that involve driving.
• The driving events take place under the direction of an instructor or a similarly qualified travel manager. Nevertheless, the driving events require a high level of self-responsibility on the part of the clients.
• Fellow travellers of participants shall not participate in vehicle events. Their participation is subject to a separate agreement between the parties.
• All instructions given by the instructors must be followed under all circumstances.
• During driving periods, clients shall under no circumstances whatsoever be under the influence of alcohol and/or other intoxicating substances. The consumption of any alcohol and/or other intoxicating substances is strictly prohibited, both before and during the driving periods.
• The use of cellular phones without hands-free equipment and smoking while driving in provided cars is prohibited.
• Clients shall be obliged to observe and comply with all traffic rules, especially speed limits when participating in any driving events that take place on public roads. Any fees and penalties imposed for traffic violations shall be solely borne by the violating client.
• Beyond Bagatelle reserves the right to exclude individual clients from the event if they fail to comply with the instructions given by the instructor or endanger themselves or third parties in any other way.
• Within the scope of Beyond Bagatelle’s legal duties of applying due care and maintaining safety, instructors or similarly qualified travel managers shall be authorised to, at their sole discretion, adapt or amend planned travel services in adequate accordance with the participating clients’ knowledge and technical skills, or due to unforeseen circumstances (including but not limited to extreme weather conditions or returns which become necessary due to injuries of participants).

14. Special Provisions Regarding the Use of Clients’ Own Vehicles

The vehicle’s due maintenance shall be the client’s sole responsibility. The vehicle must be covered by statutory third-party liability insurance and must be registered in accordance with the applicable road traffic and vehicle licensing regulations. Vehicles with transit or temporary licence plates are excluded from participation.

Irrespective of any regulations as to the compulsory technical examination of vehicles, the client shall be obliged, at his/her own expense, to have the client’s vehicle inspected as to its proper technical operation and safety before it is used within the framework of any event operated by Beyond Bagatelle. In the event of the client failing to provide evidence of such inspection, Beyond Bagatelle shall be entitled to exclude the client from participation.

Clients are recommended to confirm due insurance coverage with their insurer before participating in the vehicle event.

15. Special Provisions with Regard to the Use of Loaned Vehicles

The use of vehicles provided is only part of the package tour offered by Beyond Bagatelle if this is defined as part of the service in the tour description and the booking confirmation. Otherwise, the provision of vehicles can also be arranged by Beyond Bagatelle separately from the travel contract as an external service.

15.1 Pre-conditions for loaning vehicles

• (a) Participation in all parts of the event with the use of provided vehicles is only permitted to persons of a minimum age of 25 years who have held a valid driving licence for at least 5 years. All drivers are obliged to carry a valid identity card or passport with them at all times during the travel services and to allow inspection of their driving licence before taking over the vehicle.
• (b) The client must sign a takeover protocol and a liability exclusion declaration at the latest when taking over the vehicle.
• (c) The client cannot be represented by a representative when taking over the vehicle.

15.2 Insurance of loaned vehicles

Unless expressly stated otherwise by Beyond Bagatelle in the travel advertisement and booking confirmation, the vehicles provided are insured with comprehensive insurance with a deductible of €3,000.00 per vehicle with European number plates and a deductible of £10,000.00 per vehicle with British number plates.

The insurance conditions of the comprehensive insurance contain the exclusions of liability and obligations customary in the market for the respective driver of the vehicle; failure to comply with these obligations will result in the loss of the insurance cover. However, the reduction of liability under the comprehensive insurance to the deductible does not apply if the damage was caused intentionally by the driver of the vehicle. If the damage was caused by gross negligence, Beyond Bagatelle may reduce the liability reduction in proportion to the severity of the fault.

15.3 Vehicle acceptance and use

• (a) The client shall satisfy himself/herself of the proper condition of the vehicle upon handover. The client must report any complaints about the vehicle immediately. The client shall check the oil and water levels as well as the tyre pressure.
• (b) The client is obliged to handle the vehicle with care and in accordance with the instructions and the operating manual.
• (c) When parking, the vehicle must be properly locked at all times; in the case of a convertible, the top must be closed.
• (d) Smoking is not permitted in the vehicle and animals may not be brought along, otherwise Beyond Bagatelle may demand compensation for cleaning costs.
• (e) The vehicle may only be used by the client. Any use of the vehicle by third parties is strictly prohibited.
• (f) Under no circumstances may the vehicle be used for motor sport purposes, in particular events in which the aim is to achieve a maximum speed.
• (g) If the vehicle displays a warning message, has a malfunction or breakdown, or if a repair needs to be carried out, the client must report this immediately to a Beyond Bagatelle representative.
• (h) Violations of the above regulations for which the client is responsible constitute gross violations of the package tour contract and entitle Beyond Bagatelle to terminate the contract without notice for good cause.

16. Limitation of Liability

Beyond Bagatelle’s contractual liability for damages which have neither resulted in fatal injury, bodily harm, nor damages to a person’s health, and which have not arisen due to any negligence or wilful conduct on the part of Beyond Bagatelle and its suppliers and vicarious agents, shall be limited to an amount equalling triple the travel package price. Any claims based on the Montreal Convention or the Luftverkehrsgesetz (German Air Traffic Code) shall remain unaffected.

Beyond Bagatelle shall be held liable neither for any service disruptions, nor for any personal injury, nor for any damages to property which arise in connection with third-party services which Beyond Bagatelle has sold acting as a mere agent (e.g. excursions, sports events, exhibitions, partner offers), if Beyond Bagatelle, within its advertised publications and its booking confirmation, has clearly indicated such services as third-party services in a sufficiently distinct manner, thereby expressly stating the identity and address of the corresponding third-party contract partner.

Beyond Bagatelle shall however be liable in relation to damages caused to clients as a result of Beyond Bagatelle having breached its statutory advisory or information duties towards the client or due to any breach by Beyond Bagatelle of its organisational duties.

17. Assertion of Claims and Addressee

Any claims asserted by the client under Section 651i Subsection (3) Nos. 2, 4–7 BGB must be addressed to Beyond Bagatelle. Contractual claims as specified in Section 651i Paragraph 3 BGB are subject to a limitation period of two years. Such limitation period commences on the day the travel package services were supposed to come to a conclusion. It is recommended to assert claims in written text.

18. Information Duties in Relation to Airline Carrier’s Identity

In accordance with the EU Regulation for the information of commercial flight passengers about the performing airline carrier’s identity, Beyond Bagatelle shall inform clients prior to or at the latest at the time of the relevant booking about the identity of each airline carrier performing services within the scope of the booked travel package. If, at the time of booking, the identity of any performing airline carrier is not yet certain, Beyond Bagatelle shall identify the airline carrier(s) which at that time is/are probably expected to provide the flight service(s) and inform the client as soon as it has been ascertained which airline carrier will perform the flight service.

19. Passport, Visa, and Health Requirements

Prior to concluding the travel package contract, Beyond Bagatelle shall inform clients about general passport or visa requirements as well as about any official health regulations to be observed at the country of destination, including the time usually expected in order to obtain the respective relevant visa documents as well as about any statutory changes in this regard.

The client shall be solely responsible for obtaining and holding the officially necessary travel documents, for having all necessary vaccinations performed, as well as for acting compliantly with any relevant customs and foreign exchange control regulations. Any disadvantages arising as a result of the client’s failure to comply in this regard shall be borne by the client. This shall not apply if Beyond Bagatelle has either failed to inform the client at all or if it has informed the client insufficiently or incorrectly in any way.

20. Special Provisions in Connection with Pandemics

The parties agree that the agreed travel services shall always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel. The traveller agrees to observe reasonable regulations or restrictions of use of the service providers when using travel services and to notify the tour guide and the service provider immediately in the event of typical symptoms of illness occurring. The above provisions shall not affect the rights of the client under Section 651i BGB.

21. Website Terms of Use

The website www.beyondbagatelle.com and all content, features, and functionality thereof are owned by Beyond Bagatelle and are protected by applicable intellectual property laws. The content of the website is provided for general information and use only and is subject to change without notice.

The use of the website is subject to the following additional conditions: (a) users shall not misuse the website by knowingly introducing viruses, trojans, or other technologically harmful material; (b) users shall not attempt to gain unauthorised access to the website, the server on which it is stored, or any server, computer, or database connected to it; (c) users shall not use the website for any unlawful purpose.

22. Data Protection

Beyond Bagatelle processes personal data in accordance with its Privacy Policy. By using the website and/or registering for the Beyond Bagatelle Program, the client acknowledges that he or she has read and understood the Privacy Policy.

23. Cookies

The website uses cookies in accordance with Beyond Bagatelle’s Cookie Policy. By continuing to use the website, the client consents to the use of cookies in accordance with the applicable settings.

24. Alternative Settlement of Disputes; Choice of Law and Place of Jurisdiction

With respect to the legislation regulating the settlement of consumer disputes, Beyond Bagatelle points out that it currently does not participate in any such voluntary settlement programme. If and to the extent that consumer dispute resolution becomes obligatory for Beyond Bagatelle in the future, Beyond Bagatelle will duly inform the customers affected accordingly in an appropriate manner.

For clients who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the client and Beyond Bagatelle shall be exclusively governed by German law. Legal suits filed by clients shall be exclusively brought before the competent court of jurisdiction at the place where Beyond Bagatelle has its registered seat.

Claims and lawsuits by Beyond Bagatelle against a client shall be brought before the court of competent jurisdiction at the client’s domicile. In relation to claims and lawsuits against clients who are merchants in accordance with the German Commercial Code (HGB) or legal persons of civil or public law whose residence or registered business domicile or whose usual place of stay is either abroad or unknown at the time when the lawsuit is brought, the parties agree that such lawsuits shall be brought before the court of competent jurisdiction at Beyond Bagatelle’s registered domicile.

Part B — Ticketed Services

The following Terms and Conditions, to the extent they are validly agreed upon, shall form part of the service contract for the provision of Ticketed Services (access to events and the likes) entered into between the customer or traveller (hereinafter uniformly referred to as the “Traveller”) and ECD Beyond Experiences GmbH. They supplement and elaborate upon the statutory provisions of Sections 611 et seq. Please therefore read these terms and conditions carefully before making your booking.

1. Applicable Laws; Application of the Terms and Conditions of Travel

These Terms and Conditions apply, to the extent legally valid, exclusively to contracts for offers provided by and in the name of Beyond Bagatelle where the service is restricted to a singular travel service, e.g. access to events and the likes (hereinafter referred to as “Ticketed Services”).

Beyond Bagatelle provides the advertised Ticketed Services as a service provider and direct contractual partner of the traveller or the client. The legal relationship between Beyond Bagatelle and the traveller or the client is governed primarily by the agreements entered into with Beyond Bagatelle, supplemented by these terms and conditions, and, in the alternative, by the statutory provisions governing service contracts (Sections 611 et seq. BGB).

Beyond Bagatelle’s Terms and Conditions of Travel Packages (Part A above) also apply accordingly to Beyond Bagatelle’s Ticketed Services. However, this does not apply to the following provisions, which are replaced by the Part B clauses indicated:

• (a) Clause 3.4 (Right of Withdrawal) — Clause B.2 below applies instead.
• (b) Clause 4 (Payment) — Clause B.3 below applies instead.
• (c) Clause 8 (Client Cancellations / Cancellation Fees) — Clause B.5 below applies instead.
• (d) Clause 10(d) (Date of cancellation due to failure to reach the minimum number of participants) — Clause B.4 below applies instead.
• (e) Clause 17 (Assertion of Claims and Addressee) — Clauses B.6.6 and B.7 below apply instead.
• (f) Clause 18 (Information Duties in Relation to Airline Carrier’s Identity) — does not apply.
• (g) Clause 19 (Passport, Visa and Health Requirements) — does not apply.

2. Note Regarding the Absence of Certain Rights of Withdrawal

Beyond Bagatelle points out that, in accordance with the statutory provisions (Section 312g(2) sentence 1 no. 9 BGB), there is no right of withdrawal, even if the service contract was concluded by means of distance selling. The customer’s other statutory rights of withdrawal and termination remain unaffected.

3. Payment

The payment conditions outlined in Clause 4 of Part A (Terms and Conditions for Travel Packages) shall apply correspondingly; however, payments made by the traveller shall not be protected by insolvency protection in accordance with Section 651r BGB.

Accordingly, Beyond Bagatelle and its agents shall be entitled to charge advance payments in relation to Ticketed Services without providing insolvency protection. In line with this, no security certificate pursuant to Section 651r(4) BGB shall be issued to travellers.

4. Date of Cancellation by Beyond Bagatelle Due to Failure to Reach the Minimum Number of Participants

Cancellation by Beyond Bagatelle less than 5 days before the start of the Ticketed Service is not permitted.

5. Cancellation; Non-Utilisation of Services; Return of Tickets by Traveller

If the traveller or the client fails to make use of the agreed services, in whole or in part, through no fault of the service provider — in particular by cancelling the contract, or by failing to attend the Ticketed Service without cancelling the contract, even though the service provider is willing and able to provide the service — there shall be no entitlement to a refund of payments already made.

The statutory provisions apply to the agreed remuneration (Section 615(1) and (2) BGB): the agreed remuneration is payable without any entitlement to the performance being made up at a later date. However, the service provider must allow the income derived from, or maliciously withheld from, any alternative use of the agreed services to be set off against the remuneration. Insofar as such alternative use is not successful, the service provider must allow any expenses saved to be set off.

Beyond Bagatelle calculates its cancellation fees by taking into account the period between the notice of cancellation and the start of the service, as well as the expected savings on costs and the expected revenue from alternative uses of the services. The compensation is calculated according to the cancellation scale in force at the time the notice of cancellation is received, as follows:

Ticketed events

The above termination provisions do not affect any statutory or contractual rights of termination held by the traveller or the client in the event of defects in the services provided by Beyond Bagatelle, nor do they affect any other statutory warranty claims.

6. Beyond Bagatelle’s Liability; Insurance

Beyond Bagatelle shall be liable without limitation — irrespective of the legal basis:

• For damages resulting from injury to life, limb or health caused by it either due to a contractual breach or due to at least negligent action or omission by Beyond Bagatelle or its vicarious agents;
• For damages resulting from an intentional or grossly negligent breach of duty by Beyond Bagatelle or its vicarious agents.

In the event of a breach of essential contractual obligations (so-called cardinal obligations) due to simple negligence, Beyond Bagatelle shall only be liable for foreseeable damages typical of the contract. Essential contractual obligations are those whose fulfilment is necessary for the proper conduct of the Ticketed Service and on whose observance the traveller/client regularly relies.

Liability is excluded for damage resulting from a breach of non-essential contractual obligations due to simple negligence (other than so-called cardinal obligations). Liability under mandatory statutory provisions remains unaffected.

The agreed contractual services include insurance cover in favour of the traveller or the client only if this has been expressly agreed. The traveller or the client is strongly advised to take out cancellation insurance.

The traveller is obliged to notify Beyond Bagatelle without undue delay of any defects or faults that arise and to request that they be rectified. If the traveller fails to report such defects through their own fault, their claims against Beyond Bagatelle may be wholly or partially forfeited.

7. Assertion of Claims and Addressee

Any claims of the traveller or client arising from or in connection with the Ticketed Services shall be addressed to Beyond Bagatelle as the contractual service provider. Statutory limitation periods apply. It is recommended that claims be asserted in text form.

The service provider is:

ECD Beyond Experiences GmbH

Tübinger Straße 12-16, 70178 Stuttgart, Germany

E-mail: contact@beyondbagatelle.com
Phone: +49 711 21842 0

© These Terms & Conditions are protected by copyright: TourLaw — Noll | Hütten | Dukic Attorneys, München | Stuttgart, 2026.