General Terms and Conditions
GENERAL TERMS AND CONDITIONS, FESTSPIELE MECKLENBURG-VORPOMMERN gGMBH
The company Festspiele Mecklenburg-Vorpommern gGmbH, Schwerin, (hereafter referred to as “Festspiele”) sells tickets for concerts and other events, such as readings and catering services in connection with concerts (hereafter referred to as “events”), to resellers, business clients, and end customers (hereafter referred to as “customers”). These Festspiele sales are conducted in its own name and on its own behalf, through its advance booking system, through its own website, through authorized ticket agencies, or at the box office.
2. TICKET RESERVATIONS
2.1 Validity: Exclusively the following general terms and conditions apply to all transactions between the Festspiele and its customers. The Festspiele does not accept deviating conditions stipulated by the customer unless the validity of the deviating conditions has been expressly agreed upon in writing.
2.2 Purchasing/resale: Customers purchase event tickets and other services in their own name and on their own behalf. Customers may resell event tickets and/or other services in their own name and on their own behalf; the reseller is not entitled to represent the Festspiele in any transaction. The resale of tickets for commercial purposes requires the prior written consent of the Festspiele. In such cases, the Festspiele only refuses consent on objective grounds.
2.3 Discounts: School-age children from 6 to 18 years of age are eligible for a 50% discount off the admission price. Individuals who are unemployed, severely handicapped (at least 70%), enrolled in a college, university, traineeship, or military/community service (up to age 30), or have received express written authorization for discounted admission from the Festspiele must provide valid written proof of this status in order to receive a 10% discount off the ticket price. Holders of the “NDR Kultur Karte” receive a 10% discount off events classified as “Prize Winners’ Concerts” as well as the events “Kleines Fest im großen Park” (“Small Festival in the Big Park”). Children under the age of 3 qualify for free admission to the events “Kleines Fest im großen Park” (“Small Festival in the Big Park”). A copy of the appropriate supporting documents must be submitted to the Festspiele and/or the respective ticket agency prior to the purchase of the tickets or upon admission to the event if requested. Ticket holders who are unable to produce the required documentation must immediately pay the difference to the regular ticket price or be refused admission. In the latter case, the customer is not entitled to a refund of the purchase price.
2.4 Conclusion of contract: Upon confirmation of the ticket order, the customer receives an individual booking code, and the ordered tickets are reserved for a period of 10 days. For telephone reservations, the booking code is provided by phone, and the customer receives no written confirmation. For written orders, the customer receives a written confirmation. The contract for the purchase of the tickets commences upon payment of the ticket price by the customer. If payment is not received within 10 days of the date the tickets were ordered, the Festspiele will cancel the respective order, and the tickets will be put back on sale. In this case, the customer is no longer entitled to the reserved tickets.
2.5 Payment: Unless otherwise agreed, payment for tickets purchased through the Festspiele’s advance booking system or website can be made by bank transfer, credit card, or check. Payment for tickets purchased through authorized ticket agencies can be made in cash, by debit card, or by credit card, and payment for tickets purchased at the box office can be made in cash.
2.6 Reservation of proprietary rights: All tickets remain the sole property of the Festspiele until full payment has been received. If the payer or the payer’s bank or payment service provider has charged back or reversed payment, the customer must return the tickets immediately and pay the Festspiele for any expenditure incurred by the reverse payment. If unable to resell the tickets despite reasonable efforts, the Festspiele will bill the customer for the agreed purchase price, which must be paid within 10 days of the invoice date.
2.7 Shipment: Unless otherwise agreed, tickets and other services shall be sent to the customer by post once payment has been received. All tickets are shipped at the customer’s risk. For postal delivery, the Festspiele is entitled to charge a reasonable fee for shipping and handling. This fee must be paid in advance, together with the purchase price. If time between purchase and event is to short for shipping, the tickets will be lodged at the ticketdesk.
2.8. Children under the age of 3 are not allowed in the concert hall. At some concert venues, such as Redefin, childcare services are offered for a fee. Exceptions to this rule are the events “Kleines Fest im großen Park” (“Small Festival in the Big Park”).
3. TICKET RETURNS AND EXCHANGES, PROGRAM OR CAST CHANGES, EVENT CANCELLATION, OPEN-AIR EVENTS
3.1 Returns/exchanges: Tickets cannot be exchanged or refunded.
3.2 Changes: Changes to the cast, program, or venue are not intentional. In such cases, the customer does not have the right to return or exchange tickets unless the Festspiele is unable to find an adequate replacement, for example if the event has been moved to another city.
3.3 Event cancellation: If an event is cancelled, the Festspiele will issue the customer a refund for the full purchase price upon return of the tickets. Tickets must be returned immediately, or within eight weeks of the original event date at the latest.
3.4 Partial cancellation: Tickets shall not be refunded if an event or performance is cancelled or abandoned owing to severe weather or other reasons beyond the control of the Festspiele after at least half of the scheduled performance has taken place.
3.5 Consequences of event cancellation: Costs and other losses associated with the cancelled or abandoned event over and above the ticket price, especially expenses incurred for participation in the event, shall not be refunded.
3.6 Changes to seating plans: If an open-air event must be relocated to an indoor venue owing to weather conditions, no guarantee can be made for the equivalency of the seating plan with respect to the quality of individual seats. Customers with tickets for seats in the lower price categories must take into account that they may be given seats with a severely obstructed view. Such conditions do not entitle customers to a full or partial refund of the ticket price or to compensation for damages.
3.7 Loss of tickets: Lost tickets cannot be replaced or refunded.
3.8 The Festspiele MV reserves the right to request that ticket holders leave the venue if the ticket holder behaves in a manner likely to affect the enjoyment of other visitors.
3.9 If tickets are bought in combination with a special hotel arrangement, the cancellation period based on the first cancellation period of the booked hotel. The costs for ticket cancellations are at any time 100%.
4. DATA PROTECTION, RECORDING, AND FILMING/TV FOOTAGE
4.1 Data protection: The Festspiele takes the privacy of its customers seriously and uses all personal data in accordance with applicable laws. Accordingly, the Festspiele has the right to use all personal data provided by the customer in the context of the ticket order for the purpose of order processing. The Festspiele shall also store this data for a reasonable period of time for the processing of any future orders from the customer. For these purposes, the Festspiele also has the right to disclose its customers’ personal data to contracting parties for the processing of ticket orders.
4.2 Objection to the use of data: Customers may at any time opt-out of the use of their personal data. However, this may adversely affect the Festspiele’s ability to process the ticket order.
4.3 Recording: During the event, unauthorized photography and the use of recording equipment of any kind are strictly prohibited. If this rule is violated, the Festspiele reserves the right to confiscate the respective camera and/or recording equipment until the end of the event. Any films or other recordings of the event made on such devices can be confiscated. These films and recordings shall be returned to the owner only after the owner has consented to the films or recordings being erased beforehand.
4.4 Filming/TV footage: Some Festspiele events shall be filmed. For television footage and filming, customers give their express consent to the use, free of charge, of their actual or simulated likeness in connection with the production, transmission, promotion and/or other exploitation of any photograph, film, video and/or audio recording of the event for standard purposes.
5. LIABILITY, COMPENSATION
5.1 Limitation of liability: The Festspiele is liable to the full amount of damages in the case of willful intent or gross negligence. For cases of slight negligence, the claim to damage compensation shall be limited to typically foreseeable damage.
5.2 Maximum liability: The Festspiele’s maximum liability shall be limited to ten times the price of the purchased tickets. The Festspiele does not exclude or limit its liability for death or personal injury caused by its negligence.
5.3 Extension of exclusion to agents: This limitation of liability also applies to all Festspiele employees and representatives, as well as its assistants and vicarious agents.
5.4 Some events and concerts take place on sites with (very) old trees; the event organizer/Festspiele assumes no liability for damages, including personal injury and property damage, caused by such trees, especially by falling branches, etc., unless they are caused by gross negligence or intent.
6.1 Applicable laws: German law applies, to the exclusion of the UN purchasing law.
6.2 Place of performance and jurisdiction: Place of performance and jurisdiction for all claims arising out of the business relationship between the Festspiele and the customer shall be Schwerin, as far as permissible.
6.3 Severability clause: If any provisions of these terms and conditions are held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.