Terms & Conditions

§ 1 Scope

(1) These General Terms and Conditions ("Terms") apply to all legal relationships between

(hereinafter "Night Circus" or "Operator") and its guests in connection with visits to the club, table and package reservations, and the use of services offered through our website.

(2) Differing terms proposed by the guest shall not be recognised unless the Operator has expressly agreed to them in writing.

§ 2 Reservation and conclusion of contract

(1) The presentation of tables and packages on our website does not constitute a legally binding offer, but rather a non-binding invitation to submit a reservation request.

(2) By submitting the reservation form or a corresponding enquiry by phone, WhatsApp or email, you make a binding offer to conclude a reservation contract. The contract is only concluded once the Operator expressly confirms the reservation by email, message or phone.

(3) Changes to the reservation (number of guests, date, package) are only possible with prior notice and the Operator's express agreement, subject to availability.

§ 3 Age restriction and admission

(1) Access to Night Circus is restricted to persons of legal age (18 years and older). An age check is carried out at the entrance as a matter of principle. Every guest is obliged to present a valid official photo ID (identity card, passport or equivalent document with photograph and date of birth) unprompted. If such proof cannot be provided, or in case of doubt as to legal age, admission will be refused; no claim to reimbursement of any deposit already paid exists in this case.

(2) The Operator exercises unrestricted house rights. Admission may be refused at reasonable discretion, in particular in the following cases:

• apparent intoxication or influence of drugs;
• aggressive or disruptive behaviour;
• violation of the dress code (see § 4);
• non-compliance with the house rules or these Terms;
• the club being at capacity.

(3) A confirmed reservation does not create an unconditional right of admission if any of the above grounds for exclusion applies.

§ 4 Dress code

To preserve our refined atmosphere we kindly request appropriate attire (smart casual to elegant). The following are not permitted:

• sportswear (tracksuits, sport jerseys, jogging trousers);
• short trousers and shorts for gentlemen;
• open footwear (flip-flops, sandals) for gentlemen;
• soiled or heavily worn clothing.

The final decision on compliance with the dress code rests with the door, service or management staff of the Operator.

§ 5 Cancellation and no-show

(1) Confirmed reservations can be cancelled or amended free of charge up to 48 hours before the reserved time. Notice of cancellation must be given in text form (email or message to the contact channels specified by the Operator).

(2) In the event of a later cancellation, a no-show or a significant reduction in the number of guests, a lump-sum compensation of 30 % of the booked package or of the agreed minimum consumption shall become due, unless otherwise agreed in individual cases.

(3) A "no-show" occurs when the guest or the booked party has not arrived at the entrance within 60 minutes of the agreed arrival time and has not informed the Operator of any delay. No-show shall be treated in the same way as a cancellation made less than 48 hours in advance within the meaning of paragraph (2).

(4) The cancellation conditions under paragraphs (1) and (2) shall apply accordingly to binding advance orders for bottle service, spirits packages and similar pre-booked services (see § 6 (3)).

(5) The guest reserves the right to prove that the Operator incurred no damage, or significantly less damage, as a result of the cancellation or no-show.

§ 6 Prices, minimum consumption and services

(1) Current prices for bottle service, packages and additional services are communicated either upon request or directly at the table through our service staff. All prices include statutory VAT.

(2) A minimum consumption applies to reservations. For séparée reservations with package, the minimum consumption is agreed individually depending on the size of the séparée and the package. For standard table reservations without a package, a minimum consumption of up to 100 Circus Dollar per table may be agreed (1 Circus Dollar equals 1 Euro); the specific amount will be communicated at the time of reservation confirmation.

(3) Bottle service and spirits packages ordered in advance are treated as a binding order and are payable even if the bottle is not consumed or consumed only in part. The cancellation provisions under § 5 apply accordingly.

(4) The binding services included in a booked package are listed in the respective package description (website, reservation confirmation). Additional orders (extra drinks, food, additional services) are to be paid for on the premises.

(5) The Operator reserves the right to substitute a specific brand of premium spirit with an equivalent product if the originally advertised brand is temporarily unavailable.

§ 7 Payment

(1) Payment for consumption and booked services takes place directly at the end of your visit. Cash as well as common credit and debit cards are accepted.

(2) For reservations of certain packages or at particularly high-demand times, the Operator may require payment of a deposit or the placement of a credit card pre-authorisation as a prerequisite for confirming the reservation.

(3) If a credit card pre-authorisation is selected, the agreed amount will be reserved on your card but not debited. A debit will take place only in the event of a cancellation in breach of these Terms, a no-show, or for settlement against your final bill on the premises.

§ 8 House rules

By entering the club you accept the house rules. In particular:

• Absolute photography and video prohibition: Throughout the entire club, photo and video recording of any kind is strictly prohibited without exception, for reasons of discretion and protection of the privacy of guests, artists and staff. Violations entitle the Operator to impose immediate ejection and a permanent ban; further legal steps (in particular under rights of personality and copyright) are expressly reserved.
• Respectful conduct: Harassment of any kind towards staff, artists or other guests will not be tolerated and leads to immediate ejection without any refund claim.
• Own food/beverages: Bringing in and consuming one's own food and beverages is not permitted.
• Drug prohibition: The possession and use of illegal drugs is strictly prohibited, leads to immediate ejection and will be reported to the competent authorities.
• Instructions from staff: Instructions given by the door and service staff must be followed at all times.

Violations of the house rules entitle the Operator to impose immediate expulsion from the premises, and where appropriate a permanent ban.

§ 9 Personal belongings and clothing

(1) Items brought into the club (in particular jackets, coats, bags, umbrellas) remain the guest's own responsibility throughout the entire visit. A supervised cloakroom is not provided by the Operator. The Operator assumes no liability for clothing or other items set down or left unattended by the guest within the club, save in cases of intent or gross negligence by the Operator or its vicarious agents, or insofar as statutory liability cannot be excluded (cf. § 10 of these Terms).

(2) Guests are expressly advised to keep valuables (in particular cash, jewellery, watches, mobile phones, laptops, keys and documents) on their person at all times and not in jackets or coats that have been set aside.

§ 10 Liability

(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 same applies to damages based on intentional or grossly negligent breach of duty, and to maliciously concealed defects.

(2) Otherwise, in cases of slightly negligent breach of essential contractual obligations (cardinal obligations), the Operator's liability is limited to the damage typically foreseeable under such a contract.

(3) Any further liability, in particular for loss of profit, consequential damage or damage to third parties, is excluded.

§ 11 Data protection

Information on the processing of your personal data in connection with reservations and visits can be found in our Privacy Policy.

§ 12 Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), available at: ec.europa.eu/consumers/odr.

The Operator is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. In the case of consumers within the meaning of § 13 of the German Civil Code, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not thereby withdrawn.

(2) If the guest is a merchant, a legal entity under public law, or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising from this contractual relationship.

(3) Should any individual provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the applicable statutory provision.