General Terms and Conditions of the Festspiele Mecklenburg-Vorpommern gGmbH
The Festspiele Mecklenburg-Vorpommern gGmbH, Schwerin, (hereinafter referred to as “Festival”) sell tickets for concerts and other events, such as readings and gastronomic services in connection with the concerts (hereinafter referred to as “events”) to resellers, corporate customers and end customers ( hereinafter “customer”). These sales take place in their own name and on their own account of the Festival either via their own presale, on their own website, via commissioned advance booking offices or at the box office.
2. Ticket order
2.1 Validity: For legal transactions between the Festival and the customer, the following terms and conditions apply exclusively (hereinafter referred to as “GTC”). The Festival does not accept deviating conditions of the customer, unless they have expressly agreed to their validity in writing.
2.2 Purchase/Resale: The customer acquires the event tickets and other services in his or her own name and for his or her own account. If the customer resells event tickets and/or other services, this is done in his or her own name and on his or her own account; a representation of the Festival is excluded. Resale for commercial or commercial purposes is only permitted with the prior written consent of the Festival, which will only refuse to give its consent for objective reasons.
2.3 Reductions: Children from 4 years and students under 18 years receive 50 % discount on the entrance fee. Students, apprentices, military, civil and voluntary service (up to 30 years), unemployed, severely handicapped (from 70 %) or other expressly entitled by the Festival receive a 10 % discount on the ticket price on presentation of a written proof of the existence of the reduction. NDR Culture Card holders receive a 10 % discount on concerts by the “Preisträger in Residence”, concerts in the “Musik aus MV” series, as well as on the event “Kleines Fest im großen Park”. Children up to and including the age of three receive free admission to the event “Small party in the big park” as well as to the concerts “Mäck & Pomm”. The proof of the reduction must be presented upon request upon request. In the absence of such proof the difference to the normal purchase price is to be paid immediately, otherwise the entry can be refused. In the latter case, the customer is not entitled to a refund of the purchase price paid. Tickets purchased for a full price cannot be subsequently discounted. Day and multiday tickets are excluded from any discounts, as they themselves already represent discounts.
2.4 Conclusion of Contract: With the confirmation of the order, the customer receives an individual booking number and the ordered cards are reserved for a period of seven days. When ordering by phone, the booking number will be communicated verbally, whereby the customer will not receive a written confirmation. With written order the customer receives a written confirmation. The contract for the purchase of tickets comes into existence through the payment of the ticket price by the customer. If the ticket price does not arrive within the reservation period of ten days from the date of order, the Festival is no longer bound to the offer, with the result that the reservation expires and the tickets are available for sale again. The customer is no longer entitled to his or her previously reserved tickets.
2.5 Means of Payment: Unless otherwise agreed, payments may be made in cash on purchase of the cards via the company’s own presale or via the website by bank transfer, credit card, purchase of tickets via authorized advance booking offices by cash, EC card or credit card and at the box office by cash.
2.6 Retention of Title: The tickets remain the property of the Festival until final and complete payment by the customer. If a payment is debited, the customer is obliged to immediately return the tickets and to reimburse the costs incurred by the chargeback for the Festival. If a resale of the card despite reasonable efforts of the Festival is no longer possible, the customer must pay the agreed purchase price within seven days of a request from the Festival.
2.7 Shipping: Unless otherwise agreed, tickets and other services will be sent to the customer after full receipt of the payment by post at his or her own risk. The Festival is entitled to charge a reasonable handling and shipping fee for the mailing, which must be paid in advance together with the purchase price. From eight days before the event, the Festival reserves the right to deposit the booked tickets at the evening or day ticket office of the booked event.
2.8 Children: Children under the age of 3 are not allowed in the concert hall. In some concerts, such as Redefin the Festival offers a (charged) childcare service. Excluded from this regulation are the events “Kleines Fest im großen Park” as well as concerts of the series “Mäck & Pomm”.
3. Return and exchange of cards, changes in cast and program, cancellation of the event, open-air events
3.1 Return/Exchange: Tickets cannot be exchanged or returned to the Festival.
3.2 Changes: Changes to the cast, the program or the venue are never intended. In such cases, the right to return or to exchange the tickets will only be given if the Festival does not provide an adequate substitute for the event, such as when the event is relocated to another city.
3.3 Failure of an Event: If an event is completely canceled, the Festival will refund the full purchase price to the customer after the return of the tickets. The return must be made imme-diately, but no later than eight weeks after the original event date.
3.4 Termination of an Event: If an event is held until the scheduled half and then terminated due to bad weather or other reasons beyond the control of the Festival, there is no entitlement to reimbursement of the purchase price.
3.5 Consequences of the Failure: Costs and other damages in connection with the canceled or terminated event that exceed the purchase price, in particular expenses that the customer has made to participate in the event will not be reimbursed.
3.6 Modification of the Seating Plans: If an outdoor event is relocated to a hall due to the weather conditions, it is not possible to ensure that the seating plans match the quality of the individual seats. On the squares of the lower price categories, considerable obstructions must be expected. Resignation, reduction of the purchase price and compensation for these reasons are excluded.
3.7 Loss of Cards: A refund of the purchase price or the delivery of replacement cards in case of loss of tickets is excluded.
3.8 General Authority of the Festival: The Festival reserves the right to exclude any concert guests from the event who disturb the event by unreasonable behavior for other concert visitors.
4. Privacy, TV recording and filming
4.1.Automatized Data Processing/Data Transmission: For technical reasons visits of the Festival’s website create automated data processing, which however allow no conclusion on individuals. This data is stored in log files and prepared only for anonymous statistical purposes. This data include, but is not limited to, information about the time of access, the browser used, the referrer URL (previously visited website), and other purely technical information about your hardware, operating system, and browser information. This data is not passed on to third parties.
4.2 Collection of Personal Data: The processing of personal data and information takes place exclusively for the fulfillment of order-related processes and for the handling of contractual transactions. The processing of personal data takes place only in the course of inquiries or contractual settlements, which have been initiated by the person concerned or a third party commissioned by the person concerned, for example for creating proposals. If customers transmit personal data to the Festival, the Festvial assures that no disclosure to third parties takes place, as far as this is not necessary for the fulfillment of the order or a legal basis prescribes the transfer.
4.3 Security Advice for Data Transfer on the Internet: Despite all technical and organizational measures, no guarantee can be given for the 100 % certainty in the processing of personal data via the Festival’s website. Therefore, customers are recommended to pass on sensitive personal data by post or during a telephone call to the Festival, insofar as the same are required for our order fulfillment.
4.4 Legal Basis for the Processing of Personal Data: The processing of personal data takes place primarily on the basis of Article 6 paragraph 1 lit. b of the DS-GVO (General Data Protection Regulation) for the fulfillment of a contract or the fulfillment of pre-contractual measures, alternatively, in the case of a non-contractual constellation with the explicit consent of the person concerned in accordance with Article 6 paragraph 1 lit. a of the General Data Protection Regulation.
4.5 Duration of Storage of Personal Data: Collected Data are stored by the Festival in the context of contractual processing according to the legal requirements for retention periods. In the case of exclusively pre-contractual processing, the personal data will be deleted with a notice period of 4 weeks after the last transaction-related correspondence. An exception to this is a deletion request by the person concerned, which is directly complied with, insofar as no legal regulation precludes this or a pub-lic authority has made a request for information.
4.6 Disclosure of Personal Data - Categories of Recipients: Personal data will only be passed on to third parties insofar as this is absolutely necessary for the fulfillment of our contractual obligations to the person concerned. For example, it may be necessary to contact one or more subcontractors, such as transport companies to fulfill contractual components — such as the delivery of goods to the parties — which makes the transfer of the name and address necessary.
4.7 Instruction on Consumers Rights as a Data Subject: Below we inform you about your data subject rights according to the data protection regulations of the DS-GVO (General Data Protection Regulation) and the BDSG (German Data Protection Act). At first we assure to respect your legal and procedural rights and ask for your understanding that in the event of a request for information, a request for deletion or correction, the execution may take some time — but will be made within the period of time required by law (4 weeks). As a person affected, you have the right at any time free of charge to provide information about you stored with us. In the course of this information we inform you about the purpose of data storage, the type and scope of all personal data as well as the possible recipients and the reason for the data transfer. In addition, you may ask us as the person concerned to correct or delete your personal data, which we will of course comply with, insofar as this is legally justifiable. You can object to the processing of your personal data for the future or revoke any consent. The possibilities of objection or revocation arise from the regulations of the DS-GVO (General Data Protection Regulation). In the event that you wish to receive your data stored in accordance with the law of transferability, we will provide you with these in a CSV file, since there is no standardized format for this. We do not use automatic decision-making or profiling.
4.8 Identification for the Protection of the Person concerned: In order to avoid misuse of personal data by unauthorized third parties, we use a suitable method to determine the identity of the person concerned in the course of a request for information, a deletion or correction request and the transfer of personal data.
4.9 Right to complain to the Supervisory Authority: If you consider that despite all diligence we did not act correctly and/or did not process your personal data properly or unjustified, we ask you for a factual notice or a complaint to our data protection officer — André Weinert, Beim Wendentor 1, 18055 Rostock. Irrespective of this, you, the person concerned, have the right to complain to the Data Protection Supervision Authority, which is responsible for us as the responsible body.
4.10 Recordings: During the event, sound, film, photo and video recordings of any kind are prohibited. For violations, the Festival is entitled to collect recording equipment and cameras and withhold until the end of the event. Films and recordings of any kind that capture parts of the event may be confiscated and held by the Festival. They will be handed back to the owner if he has agreed to the previous deletion of the record.
4.11 Video/TV Recordings: Some of the events are recorded. In the case of television recordings and filming, the customer agrees that the photographs taken by him during or in connection with the event (image, film, television) may be used without compensation in the usual evaluation.
5. Liability, Damages
5.1 Limitation of Liability: The liability of the Festival for damage in the event of injury to life, limb and health as well as in the event of injury to major obligations (the fulfilment of which is essential for the due and proper execution of the contract and on the compliance of which the contracting party can regularly rely) is unlimited in. In all other cases the liability of the Festival is limited to the typically foreseeable damages, at maximum up to ten times the ticket price.
5.2 Extension: This limitation of liability also applies to employees and representatives as well as performers and vicarious agents of the Festival.
5.3 Nature Risks: The events and concerts sometimes take place in places with (very) old trees; for damage caused by this, in particular by falling branches, etc., the liability of the Festival for personal injury and property damage is excluded, unless they are based on gross negligence or intent.
6.1 Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS). You can find it at ec.europa.eu/consumers/odr/main/index.cfm.
6.2 Information according to § 36 Consumer Dispute Settlement Act (VSBG): The Festival is willing to participate in a dispute settlement procedure in a recognized consumer arbitration board to settle disputes arising from contracts it has concluded with consumers (for example, on the occasion of legal advice, advice delivery). For the services of the Festival there is no specific arbitration board. The General Consumer Arbitration Center of the Center for Arbitration, recognized by the Federal Office of Justice in Kehl, is responsible therefore. Their address is:
General Consumer Dispute Resolution of the Center for Conciliation e. V.
Straßburger Str. 8
77694 Kehl am Rhein
6.3 Applicable Law: Only German Law applies, excluding the UN sales law.
6.4 Place of Fulfillment and Place of Jurisdiction: Place of performance and place of jurisdiction for all claims arising from the business relationship between the Festival and the Customer is, as far as permissible, Schwerin.
6.5 Severability Clause: If individual provisions of these Terms and Conditions are or become ineffective or unenforceable, the validity of the remaining provisions shall not be affected thereby.