Terms and Conditions
of
HaHa Hanseatische Gastronomiebetriebe GmbH, represented by managing directors Kevin Hartjen and Björn Hansen, Stresemannstraße 375, 22761 Hamburg – hereinafter referred to as "Operator" –
for the beachclub Sonnendeck St. Pauli
1. Scope
1.1
These General Terms and Conditions (hereinafter "T&C") apply to all contracts concluded via the website of the beachclub Sonnendeck St. Pauli (hereinafter "Beachclub") between the Operator and the customer (hereinafter "Guest") for the purchase of reservation packages and tickets for events at the Beachclub.
1.2
The T&C apply in the version valid at the time of the order.
1.3
Any differing conditions of the Guest shall not apply unless the Operator has expressly agreed to them in writing.
1.4
A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature (§ 13 BGB). An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB).
2. Subject Matter of the Contract
2.1
The services offered via the Beachclub's website are:
Reservation packages – The booking of an exclusive table for a specific day and time for up to 10 people at a flat rate of €300.00 gross (incl. 19% VAT). The reservation package includes the following food and drinks: Beach Pizza, Hafen Tapas, Fischbrötchen, Fish & Chips, tomato bread salad, nachos with dips, fries, 2 bottles of house wine, 2 carafes of water, and 10 drinks (5 soft drinks / 5 beers).
Tickets – Tickets for events organised by the Beachclub (hereinafter "Tickets") at the prices stated on the website at the time of booking.
2.2
The composition of the reservation package cannot be changed by the Guest. The Operator is entitled to replace individual food or drink items included in the reservation package with equivalent products to a reasonable extent, in particular if a specific product is unavailable. The overall value and composition of the package remain essentially unchanged as a result.
3. Conclusion of Contract
3.1
The display of reservation packages and tickets on the Beachclub's website does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
3.2
By clicking the "Buy now" button in the final step of the ordering process, the Guest submits a binding offer to purchase the selected reservation package or the selected ticket(s). Before placing the order, the Guest has the opportunity to review all details in the order summary and correct them if necessary.
3.3
Immediately after receipt of the order, the Guest will receive an automated email confirming receipt of the order. This confirmation of receipt does not yet constitute acceptance of the contractual offer.
3.4
The contract is concluded as soon as the Operator accepts the order by means of a separate confirmation email (booking confirmation). The Operator reserves the right to decline orders without stating reasons.
3.5
The language available for concluding the contract is German only.
4. Prices and Payment Terms
4.1
The prices stated on the website are gross prices including the statutory VAT currently at 19%.
4.2
The price for a reservation package is €300.00 gross (€252.10 net plus €47.90 VAT) per table for up to 10 people.
4.3
The prices for tickets are as stated on the website at the time of ordering.
4.4
Payment is made via the payment methods provided on the website. Payment processing is handled by the external payment service provider PAYONE GmbH (a Sparkasse partner), Fraunhoferstraße 2–4, 24118 Kiel. At the time these T&C were drafted, payment methods available include in particular credit card and other common online payment methods; the current range of payment methods available is displayed during the ordering process. The Operator reserves the right to adjust the available payment methods at any time.
4.5
In the case of advance payment, the total amount is due immediately upon conclusion of the contract in accordance with clause 3.4.
5. Reservation Packages – Special Conditions
5.1
The reservation package is valid for the day and time selected by the Guest at the time of booking. The food and drinks included in the package will be provided on-site on the booked day.
5.2
The maximum number of people per reservation package is 10. The Guest is required to state the actual number of people truthfully at the time of booking.
5.3
There is no entitlement to a specific table unless a different arrangement was made at the time of booking.
5.4
Unused components of the reservation package (in particular individual food or drink items) do not entitle the Guest to a price reduction or refund.
5.5
The food and drinks included in the reservation package are intended for on-site consumption only. Taking them away is not permitted.
6. Event Tickets – Special Conditions
6.1
Tickets entitle the holder to single entry to the event stated on the ticket on the specified date.
6.2
The commercial resale of tickets is not permitted without the prior written consent of the Operator. Private transfer is permitted, provided it does not take place at a price higher than the original purchase price paid.
6.3
The Operator is the organiser of the events on offer. Changes to the event programme that do not materially alter the overall character of the event do not entitle the Guest to withdraw from the contract or to receive a refund of the ticket price.
6.4
If an event is cancelled by the Operator, the Guest will receive a refund of the ticket price. Further claims, in particular for reimbursement of travel or accommodation costs, are excluded to the extent that the Operator is not responsible for the cancellation.
6.5
If an event is rescheduled, the purchased tickets generally remain valid for the new date. If the Guest can demonstrably not be expected to attend the replacement date, they may request a refund of the ticket price within 14 days of the announcement of the rescheduling.
7. Cancellation and Rebooking
7.1
Since both reservation packages and tickets relate to services in connection with leisure activities or the supply of food and drinks, and are each booked for a specific date, there is no right of withdrawal pursuant to § 312g para. 2 no. 9 BGB (see clause 8 for details). The booking is therefore binding upon confirmation in accordance with clause 3.4.
7.2
Rebookings to a different date are only possible by prior arrangement with the Operator and subject to availability. There is no entitlement to rebooking.
7.3
In the event of a no-show by the Guest, there is no entitlement to a refund or credit of the booking price.
8. Right of Withdrawal
8.1 Exclusion of the right of withdrawal for reservation packages
The contract for a reservation package constitutes a contract for the supply of food and drinks as well as the provision of further services in connection with leisure activities, whereby the contract provides for a specific date for the performance of the services. Pursuant to § 312g para. 2 no. 9 BGB, there is no right of withdrawal for such contracts. The booking of a reservation package is therefore binding upon conclusion of the contract and obliges the Guest to pay the agreed price.
8.2 Exclusion of the right of withdrawal for tickets
The contract for the purchase of tickets constitutes a contract for the provision of services in connection with leisure activities, whereby the contract provides for a specific date for the performance of the services. Pursuant to § 312g para. 2 no. 9 BGB, there is no right of withdrawal for such contracts. The order of tickets is therefore binding upon conclusion of the contract and obliges the Guest to accept and pay for the ordered tickets.
8.3 Note
The exclusion of the right of withdrawal is justified by the fact that the Operator reserves capacities (tables, food, drinks, event spaces) for the specific date, which it may no longer be able to use otherwise in the event of a withdrawal (cf. BGH, judgment of 13.07.2022 – VIII ZR 317/21 and VIII ZR 329/21; ECJ, judgment of 31.03.2022 – C-96/21; recital 49 of the Consumer Rights Directive 2011/83/EU).
9. House Rules and Code of Conduct
9.1
The Guest undertakes to comply with the Beachclub's house rules and to follow the instructions of staff.
9.2
The Operator is entitled to refuse the Guest entry or to remove them from the premises in the event of violations of the house rules or unacceptable behaviour that significantly disrupts other guests or interferes with the running of an event. In such cases, there is no entitlement to a refund of the booking price or ticket price.
9.3
Bringing your own food and drinks is not permitted.
10. Liability
10.1
The Operator is liable without limitation for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by the Operator, its legal representatives or vicarious agents. The Operator is likewise liable without limitation for damages based on intentional or grossly negligent conduct, as well as under the Product Liability Act.
10.2
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Guest may regularly rely (so-called cardinal obligations), the Operator shall also be liable for simple negligence, but limited to compensation for the foreseeable, typically occurring damage.
10.3
Any further liability of the Operator for damages based on simple negligence is excluded.
10.4
The above limitations and exclusions of liability also apply in favour of the Operator's vicarious agents and assistants.
10.5
The Operator is not liable for items brought in by the Guest, unless the loss or damage is due to intent or gross negligence on the part of the Operator or its employees.
11. Data Protection
11.1
The Operator processes the Guest's personal data in connection with the performance of the contract in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
11.2
Details on the processing of personal data can be found in the Beachclub's privacy policy, which is available on the website at https://www.sonnendeck-stpauli.de/de/datenschutz.
11.3
To process the payment transaction, the Operator transmits the Guest's personal data required for this purpose (in particular name, order data and payment information) to the external payment service provider PAYONE GmbH, Fraunhoferstraße 2–4, 24118 Kiel. The transfer takes place for the performance of the contract on the basis of Art. 6 para. 1 lit. b GDPR. PAYONE processes the transmitted data as an independent controller for the purposes of payment processing; PAYONE's own privacy notices also apply in this regard. Further details can be found in the Operator's privacy policy.
12. Final Provisions
12.1
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The mandatory provisions of the law of the country of residence remain unaffected with respect to consumers habitually resident in another member state of the European Union.
12.2
If the Guest is an entrepreneur within the meaning of § 14 BGB, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Hamburg.
12.3
The Operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12.4
Should individual provisions of these T&C be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The statutory provision shall apply in place of the invalid provision.
12.5
Amendments and additions to these T&C must be made in writing. This also applies to the waiver of this written form requirement.
(As of: April 2026)