General terms & conditions
A. GENERAL TERMS AND CONDITIONS FOR TICKET BUYERS
1.1. Scope and definitions
These General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions") apply to events organized by cosmopop GmbH, Lagerplatzweg3, 67059 Ludwigshafen, Germany (hereinafter "the Organizer") and regulate the relations between the Organizer and the buyers (hereinafter "You", "Buyer" or "Visitor") of tickets (hereinafter: "Tickets") for events of the Organizer. The ticket price consists of the nominal value of the ticket price, the booking fee, the booking provision, and, if applicable the contribution for public transportation (hereinafter "ticket price"). By ordering a Ticket, you confirm that you have read these General Terms and Conditions and that you accept them as binding. If Tickets are purchased online, confirmation will also be made by clicking on "I confirm that I have read and agree to the General Terms and Conditions of the Organizer".
In addition to these General Terms and Conditions, the House Rules of the Organizer are valid in each area of the event. It can be found in section B.
General Terms and Conditions of the Buyer that differ from the General Terms and Conditions of the Organizer become an integral part of the contract only if the Organizer has agreed to them in writing.
2. Conclusion of the contract, content of the contract, right to unilateral termination
2.1. Conclusion of the contract
Ticket purchase is processed by See Tickets GmbH, Pfuelstraße 5, 10997 Berlin (hereinafter "See Tickets") as an independent partner of the Organizer through the online platform seetickets.com. All ticket sales are made by See Tickets on behalf of the Organizer. See Tickets enters into a special contract with the Customer for its services. The General Terms and Conditions of See Tickets apply together with the General Terms and Conditions of the Organizer.
The Agreement between the Organizer and the Visitor enters into force only after confirmation of the order or sending of Tickets. Until the purchase price is paid in full, Tickets remain the property of the Organizer and do not give the right to access the event.
2.2. Contents of the contract, ban on access for minors
By purchasing a Ticket, the visitor acquires the right of access to the event area. The Organizer undertakes to organize an event consisting of performances by various artists and to provide the Visitor with access to the event. The Organizer reserves the right to change the announced program for organizational reasons, in particular to allow performances by artists other than previously announced or to change previously announced dates of performance.
The sale of Tickets to persons under the age of 18 is prohibited. Minors are not allowed access. This also applies if you are accompanied by a legal representative.
2.3. No right of withdrawal
With the organization and holding of the event a leisure service is provided. Therefore, pursuant to section 312g para. 2 no. 9 German Civil Code (BGB) the Buyer has no right to withdraw from the contract for the sale of Tickets for events according to § 355 BGB.
3. Ticket validity
Your Ticket entitles the person listed on the Ticket to access the area where the booked event is being held. The ticket loses its validity after leaving the event area or substituting the Ticket for the Entrance Bracelet (see section 6.2). Reuse of Tickets is not allowed.
4. Return of Tickets, refund of Ticket prices, relocation of the event due to force majeure, non-existence of right to return Tickets and refund their prices for reasons for which the Organizer is not responsible
4.1. Return of tickets
If the Organizer postpones the event or if the event is cancelled for reasons for which the Organizer is responsible, the Buyer has the right to return the Tickets and receive a refund of the Ticket price.
Requests for a refund of the ticket price can be submitted no later than four weeks after the date of the event. If the Organizer has set a new date for the event booked by the Buyer, and the Buyer does not want to attend that date, he must notify the Organizer no later than 48 hours before the start of the event and exercise his right to a refund. If this was not possible for him for reasons for which he is not responsible, e.g., due to illness, he must prove these reasons.
4.2. Postponement of the date of the event due to force majeure
In case of force majeure, the Organizer is released from his obligation to provide service during the event of force majeure. Force majeure is an unexpected, external, unpredictable and extraordinary, inevitable and unusual event that occurs after the conclusion of a contract, and which cannot be prevented, avoided or eliminated by economically justified means. This includes, but is not limited to, weather events such as floods, hurricanes or sand and fire storms, disasters, terrorist acts, wars or war-like events, effects of political instability, fires, strikes, government orders, pandemics and epidemics or other events that endanger the lives and bodies of those involved in the event. Travel restrictions for Visitors - even those from abroad - to the extent that they meet the above restrictions are also considered force majeure. Competent authorities (at least ministries) that generally influence the cancellation of a contractual event, or an event of this magnitude are also considered force majeure.
In that case or if the occurrence of any of the above events is very certain, the Organizer may postpone the event to another date. No return of Tickets and refund of Ticket prices will be allowed unless it can be reasonably expected that the Buyer will not be able to participate on a new date. In case of force majeure, the Organizer will notify the Buyer of the occurrence of such an event within three days after the impact analysis and inform him of the expected further course of action and, if possible, the expected new date of the event.
4.3. Non-existence of right to a refund of additional fees
Paid fees and amounts for additional services (pre-booking fees, payments to See Tickets and fees for the use of public transporation) will not be refunded in case of return of Tickets. In the event of your withdrawal from the event contract, the fees paid will be offset against our claim for damages in the amount of the fees paid. Namely, in case of cancellation, you are obliged to pay us a fee for the mediation service that you received when buying the ticket. The same applies to the fee for using See Tickets's ticketing system to issue your tickets.
4.4. Your cancellation or refund requests will be processed by See Tickets.
Your rights to withdraw from the contract or seek damages for breach of obligations for which the Organizer is responsible under applicable law remain unchanged. The filing of a claim for damages and / or compensation for costs is subject to the liability provisions of Section 8.
5. Limited possibility of acquiring Tickets, prohibition of transfer of Tickets, prohibition of acquiring Tickets through raffle / prize game
5.1. Prohibition of transferring Tickets to third parties
You cannot transfer your rights and obligations from the contract with the Organizer to a third party. If you do not wish or are unable to use the Ticket for reasons other than changing the date of the event, you have the option to return your Ticket(s) via the Tixel Exchange Platform under the terms of Section 7.
5.2. Prohibition of obtaining Tickets through raffle / prize game
The use of Tickets for the purpose of raffle and / or for conducting prize games is expressly prohibited without the written consent of the Organizer. Violation of these conditions leads to the loss of the right to attend the event without a refund, i.e. the Ticket loses its validity and the Organizer has the right to withdraw this Ticket free of charge.
6. Purchase for private use only, personalization of Tickets, entrance bracelet and ban on sale / transfer of entrance bracelets, loss of tickets and entrance bracelets
6.1. Purchase for private use only and personalization of Tickets
Each Buyer may purchase Tickets for private use only. Tickets are marked with a barcode and registered. When purchasing a Ticket, it is necessary to state the full name and surname and date of birth of the Visitor.
The Organizer will compare the personalized Tickets with the identity of the Visitor at the entrances to the event. For this purpose, the Visitor must present an official identification document.
6.2. Entrance bracelets
After verifying the identity of the Visitor, the Organizer will exchange the Ticket for the entrance bracelet. Entrance bracelets are non- transferable. The sale and / or transfer of entrance bracelets is prohibited. Forwarding entrance bracelets to third parties will result in the lockage of the entrance bracelet. It is not possible to access the event with a locked entrance bracelet.
6.3. Loss of Tickets and Entrance Bracelets
Lost Tickets and Entrance Bracelets will not be exchanged. If you lose your Ticket or Entrance Bracelet, your right to attend the event expires.
7. Return of Tickets via the platform Tixel
7.1. Purchased Tickets can be offered for sale up to one day before the day of the event via the "Tixel" ticket exchange. However, there is no guarantee for the sale of Tickets that you offer through Tixel.
7.2. By offering Tickets via Tixel , you offer us to take the offered Ticket(s) over and to offer them again for sale in our name and on our own behalf. Only when we resell the offered Ticket(s), it shall be considered that we have accepted your return proposal. Until the offered Tickets have been sold, you can cancel the refund proposal and use the Ticket again.
7.3. You determine the price for the offered Ticket(s) via Tixel . However, the sale price must not be higher than 110% of the price of the Ticket you paid for (paragraph 1).
7.4. As soon as the Tickets you offer are sold through Tixel , they will be locked. A new Ticket is created for the Visitor. The purchase price will be paid to you by Tixel in the way you choose.
7.5. If the offered Tickets are not sold, they still enable their owner to participate in the event.
8.1. The Organizer is liable without any restrictions for the wrongfully caused damage to life, body and health in connection with the event, in case the culpability can be attributed to the Organizer. The same applies to all cases of mandatory legal liability, especially under the Civil Obligations Act, and when taking guarantees.
8.2. In the event of a breach of essential contractual obligations (so-called key obligations) out of mere negligence, which are not covered by section 8.1, the Organizer's liability is limited to compensation for foreseeable, contractual usual damage. The key obligations of the Organizer include those obligations whose fulfilment is essential for the proper execution of the contract and on the observance of which you can regularly rely on.
8.3. In addition to the above, the Organizer is liable only in case of gross negligence or wilful breach of contract.
8.4. To the extent that the liability of the Organizer is excluded or limited in accordance with the preceding provisions, this also applies to the liability of its legal representatives and support staff.
9. Visual and audio recordings of Visitors
The production of video and audio recordings for commercial use is not permitted. Only 35 mm cameras and mobile phones with camera functions are allowed in the event area. Digital or analogue single-lens reflex cameras, cameras with (interchangeable) zoom lenses or with a video function of any kind, video cameras or other recording devices and other equipment such as telephoto lenses and tripods that exceed common private equipment are not permitted. The Visitor is obliged to hand over such equipment to the Organizer, who will keep it and return it after the event. If the Visitor is not willing to leave prohibited devices outside the event area, the Organizer has the right to deny him access to the event area.
10. Rights of the Organizer
10.1. Closing parts of the event area and limiting the number of spectators in certain parts of the event area.
For security reasons, capacity reasons or other important operational or public requirements, the Organizer may temporarily or completely close and / or empty certain parts of the event (including fixed facilities, temporary and flying structures, stages, etc.) or other parts of the event, as well as limit the number of spectators for certain areas within the area of the event, without the visitors obtaining the right to request the (partial) refund of the ticket price.
10.2. Sound and / or video recordings of the Organizer
In case authorized personnel make image and / or sound recordings, such as radio or television recordings during the event, the Visitor may be recorded by image and / or a spoken word and is made aware of the recordings that are reproduced, distributed and publicly reproduced, especially that they can be broadcast, without any compensation requests, provided that you as a Visitor do not have a legitimate conflicting interest.
Detailed provisions on the rights and obligations of the Organizer and Visitors regarding the production of video and / or sound recordings of the event will be regulated in the Privacy Notice located on the website of the Organizer.
10.3. The right to audio and video recordings of the event
All rights to audio and video recordings of the event are exclusively with the Organizer. Without the prior written consent of the Organizer, no recording may be recorded, stored, created and / or made publicly available for commercial purposes. The Organizer especially reserves the right to stop the distribution of unauthorized publications on social networks and video platforms and to take legal action against the publication.
10.4. Health controls
The Organizer reserves the right to conduct appropriate health controls to detect coronavirus infection (SARS-CoV2). To this end, it may be necessary to carry out a visual inspection of medical records or evidence (e.g. vaccination card, negative COVID 19 test result, proof of recovery within a certain time frame).
The controls shall correspond to the state of the art applicable to the event in question or to the generally accepted medical knowledge of the spread of the virus and the known symptoms of the disease and shall be coordinated with and approved by the local health authorities. The controls are part of the hygiene concept announced by the Organizer, which the Visitor undertakes to respect by purchasing a Ticket. If the Visitor a) refuses to undergo a health check or b) there is a reasonable suspicion of Sars-CoV2 infection, the Organizer may refuse access to the festival area. In case a) The Visitor is not entitled to a refund of the ticket price and fees paid. In case b) The Organizer will reimburse the price of the Ticket proportionally, if necessary, reduced for already provided services and the reservation fee incurred on request.
Detailed provisions on the rights and obligations of the Organizer and Visitors regarding visual inspection of medical records or similar evidence for the detection of coronavirus infection (SARS-CoV2) will be regulated in the Privacy Notice on the Organizer's website.
10.5. Exclusion of Visitors
If there is an important reason, especially if the Visitor commits criminal offenses on the location of the event, lights fireworks, splashes tear gas, seriously endangers his/her or others' health or seriously or repeatedly violates House rules, the Organizer may exclude the Visitor from the event. With the exclusion, the right of access to the event ceases. If the Organizer excludes the Visitor for one of the above important reasons, he/she is not entitled to a refund of the ticket price.
11. Applicable law, competent court
11.1. Applicable law
German law applies, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. However, this choice of law does not mean that the consumer is deprived of the protection of the mandatory provisions of the law of the country in which he has his habitual residence.
11.2. Competent court
If the Buyer is a consumer, the competent court for the claims of the Organizer is the one according to the residence or usual residence of the Buyer. If the Buyer is a merchant, the parties agree on the exclusive jurisdiction of the court according to the seat of the Organizer.
12. Final provisions
12.1. Until the moment of the conclusion of the contract, the Organizer has not concluded any agreements or undertaken obligations, orally or in writing, except for these General Terms and Conditions.
12.2. If certain provisions of this General Terms and Agreements are or become null and void in whole or in part, this will not affect the effectiveness of other provisions. Instead of null and void provisions of the General Terms and Conditions, the applicable legal provisions will apply. Regarding the rest, the parties will replace a null and void provision with an admissible provision that is economically as close as possible to the inadmissible provision, only if some additional interpretation of the contract is not preferable or possible.
B. HOUSE RULES
1. Extent of the validity of house rules
By purchasing a Ticket and / or entering the event area, the Visitor accepts these house rules and commits himself to not act contrary, that is to be aware that in case of violation they can expect restrictions from the Organizer (e.g. refusal of entry, denial of access, criminal charges, etc.).
2. Orders of the official/person in charge of maintaining order and peaceful conduct
Orders of the official/person in charge of maintaining order and peaceful conduct must always be respected.
3. Entry into the festival area
Entry into the festival area is allowed only with the presented, closed, undamaged entrance bracelet and/or a valid Ticket that is clearly visible to officials in charge of maintaining order and peaceful conduct.
4. Prohibition of entry to "conspicuous" Visitors
Visitors who are obviously heavily intoxicated and/or under the influence of drugs and/or comparatively conspicuous visitors are not allowed to enter the festival area.
5. Prohibited and permitted items
Upon entering the festival area, all persons will be searched (body check) to detect prohibited items.
Prohibited items include, but are not limited to:
a) all bags, backpacks and luggage, except explicitly permitted bags (see permitted items)
b) beverages and liquids of all kinds, in plastic, metal or glass bottles
c) drugs and illicit narcotics of all kinds
d) firearms, offensive weapons, stabbing and other weapons of all kinds
e) saws, axes, hatches, pliers, clamps and similar tools
f) fireworks, sparklers, table fireworks and other pyrotechnic devices of all kinds
g) chairs, seats, seating furniture as well as camping furniture of all kinds
h) professional audio, photo and video equipment
i) laptops, tablets
j) laser pointer
k) bulky items of all kinds, e.g., flagpoles, parasols, camping equipment (e.g. tents, weather vanes, etc.), selfie sticks
l) motorcycle helmets
m) perfumes and deodorants
n) all items worn solely for the purpose of harming visitors, employees and artists
Carrying the above items may result in the Visitor being denied access and being excluded from the event. The Organizer also reserves the right to file a criminal charge in case of someone carrying prohibited and illicit objects and substances, to inform the competent police administration and to impose a ban on access to further events of the Organizer that go beyond this event.
Items considered to be permitted are, inter alia:
c) small belt bags and waist bags
d) mobile phones
e) small backpacks up to approximately H44 x W37 x L30 cm (approximately DIN A4)
h) hearing protectors
i) prescription drugs that are necessary (with prescription)
j) over-the-counter medicines in small quantities (for personal use)
k) hygienic items including disinfectant spray
l) mouth and nose protection / breathing mask (FFP2)
6. Evacuation routes
Evacuation routes and stairs must always be free for passage.
They must not be used as seating areas or spaces where people hold up and must be in such a state that they can be passed quickly.
7. Waste management
During the event, waste must be disposed of in designated rubbish bins/waste containers.
8. Serving of alcohol
Bar/stall staff may refuse to serve alcohol if the Visitor shows signs of excessive alcohol consumption.
9. Toilet use
Urination and/or defecation outside the designated toilets and facilities is not permitted.
Intentional damage to any buildings and objects is prohibited and will be reported as vandalism.
11. Areas closed to visitors
It is forbidden to jump over breakwaters and climb fences, light poles, buildings, electrical boxes, sanitary blocks, portable toilets, tents, tent wires and other infrastructure facilities throughout the event. In general, areas where Visitors are denied access are not necessarily marked as such. For this reason, skipping and climbing on all objects is strictly prohibited, regardless of whether it is fences, poles, masts, scaffolding and / or other obstacles.
12. Unauthorized stay in the area of the event
Persons who are inside the area of the event without a valid Ticket/entry denial/ accreditation or any other authorization will be reported for at least unauthorized access and will be expelled/removed from the event area.
13. Exclusion from the event
Failure to follow house rules can lead to complete and permanent exclusion from the event. If you are excluded from the event, the Ticket loses its validity. The request for re-access or the refund of the purchase price is then excluded.
14. Prohibition of endangering others
It is strictly forbidden to endanger any other visitors, employees of the Organizer as well as service providers, artists and other persons involved or participating in the event. These include lighting fireworks (e.g., bengal lights/flares, smoke candles) and spraying substances that irritate the airways (e.g., tear gas, CS gas). Anyone who intentionally or recklessly accepts, challenges or endangers others will be permanently excluded from the event.