General Terms and Conditions of flora&faunavisions GmbH
for Pure&Crafted Festival 2022
1. SCOPE OF APPLICATION, CONTRACTUAL RELATIONS
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the Pure&Crafted Festival 2022, organized by flora&faunavisions GmbH, Ehrenbergstraße 2
10245 Berlin, Managing Director: Leigh Sachwitz, Daniel Karthausen, Register Court: Amtsgericht Berlin, HRB 10237 (hereinafter “we” or “flora&faunavisions”). They govern the relationship between flora&faunavisions and the ticket purchasers (hereinafter “you” or “customer”). The GTC are an integral part of the contract for the purchase of concert tickets (hereinafter “Tickets”). In the event that the Customer uses its own, differently worded GTC, these shall not become part of the contract unless we have agreed to them in writing.
1.2 By purchasing a Ticket, you as our customer confirm that you have taken note of these GTC and accept them as binding. When purchasing tickets online, confirmation is made by clicking the button “I also confirm that I have read and agree to the Organiser’s General Terms and Conditions”.
1.3 In addition to these GTC, the GTC (including house rules) of the respective owner shall also apply on the respective event premises. Reference is made to these.
2. CONCLUSION OF CONTRACT, TICKET PURCHASE PRICE AND DUE DATE, NO RIGHT OF REVOCATION AND PROTECTION OF MINORS
2.1 Tickets can be purchased directly from our sales partner CTS EVENTIM Sports GmbH.
Hohe Bleichen 11, 20354 Hamburg (“Eventim”) via the internet. The sale of tickets is brokered by Eventim on our behalf and for our account. The GTC of Eventim shall apply in addition to these GTC and must also be observed. In the event of deviating provisions, however, these GTC of flora&faunavisions shall take precedence.
2.2 When you purchase tickets, a contract for attendance at the concert event is concluded between you as the customer and flora&faunavisions as the organiser. The ticket purchase price, which consists of the basic ticket price, advance booking fee and other fees, in each case including statutory VAT (hereinafter “ticket purchase price”), is due in full to flora&faunavisions as organiser. The Ticket Purchase Price is due for payment immediately after conclusion of the contract, unless you are given a different payment term during the ordering process.
2.3 Eventim may charge additional fees on its own behalf. You will be informed of this during the ordering process.
2.4 The tickets remain the sole property of flora&faunavisions until the ticket purchase price has been paid in full and do not entitle the holder to admission to the booked event until then.
2.5 The contract for the attendance of concert events is a contract for leisure events for which customers do not have a right of revocation. You can therefore not revoke your declaration of intent regarding the order of tickets to leisure events.
2.6 The provisions of the Youth in Public Protection Act apply on the festival site. Children and minors who are not yet sixteen (16) years old only have admission when accompanied by a parent and legal guardian or by a person with the right of custody. A person with the right of custody can be any person older than eighteen (18) years who has permanently or temporary taken over the custody due to an agreement with the person having the right of custody (usually the parents) and educational functions or caring for a child or a juvenile person in the context of education or youth services. Adolescent persons aged sixteen (16) and over who are not accompanied by a parent or guardian are admitted to the event until the end of the event. Person with the right of custody shall carry a written record of appointment of their assignment. Insofar as the accompaniment of a person with the right of custody is required, such persons shall be obliged to prove their authorisation to the organiser upon request. In cases of doubt, the organiser will check the authorisation. Persons for whom age limits are to be observed must prove their age in a suitable manner to the organiser upon request. In cases of doubt, the organiser will check the eligibility.
3. VALIDITY OF THE TICKETS
3.1 Your ticket entitles only one person at a time to enter the booked event. The ticket loses its validity when the ticket leaves the event or is activated once (online tickets).
3.2 Multiple use of the ticket is expressly prohibited.
4. RETURN OF TICKETS, REFUND OF TICKET PURCHASE PRICE IN THE EVENT OF CANCELLATION OR POSTPONEMENT OF THE EVENT
4.1 A claim for the return of tickets and refund of the ticket purchase price exists in principle only in the event of cancellation and/or postponement of the event.
4.2 The claim for reimbursement of the ticket purchase price must be asserted (a) in the event of cancellation of the event without replacement no later than four (4) weeks after the cancelled event date, (b) in the event of rescheduling to a replacement date no later than 24:00 hours on the day before the replacement event. If you are prevented from asserting the claim for reimbursement in due time for reasons beyond your control – e.g. due to illness – you shall be obliged to prove the existence of the conditions that justify the non-occurrence.
4.3 In the event that the event is postponed to an alternative date for reasons of force majeure, the Ticket purchase cannot be reversed and the Ticket purchase price cannot be refunded as a result of the postponement, unless it can be proven that you cannot reasonably be expected to attend the new date, for example due to a booked trip. Force majeure includes, but is not limited to, catastrophic events, acts of terrorism, war or war-like events, pandemics, epidemics, fire, extreme or catastrophic weather conditions (such as flooding, hurricanes or cyclones) that pose a thread to life and limb of those participating in the concert, severe weather and/or catastrophe warnings, strikes and official decrees for which we are not responsible.
4.4 Paid fees (advance booking fee and system fee, section 2.2.) will not be refunded. In the event of your withdrawal from the event contract, we will offset the claim for reimbursement of the fees paid to us against our claim for compensation in the amount of the fees. This is because in the event of a withdrawal, you are obliged towards us to pay compensation for value with regard to the brokerage service obtained by you for the purchase of tickets by us and our distribution partner Eventim. The same applies to the system fee for the use of the ticket system to issue your tickets.
4.5 If Eventim charges any other fees on its own behalf (clause 2.3), their refund shall be governed by Eventim’s GTC.
4.6 You must contact Eventim for a refund of the Ticket purchase price other than the Fees paid. Unless Eventim provides for a different refund procedure, the refund will only be made upon presentation of the original tickets. In the event of loss of the tickets, neither ticket purchase price refunds nor the issue of replacement tickets are possible.
4.7 Your rights to withdraw from the contract or to claim damages due to a breach of duty for which flora&faunavisions is responsible within the framework of the statutory provisions remain unaffected. The assertion of claims for damages and/or reimbursement of expenses is, however, subject to the liability provision in clause 9.
5. EXCLUSION OF VISITORS AND COVID-19 SECURITY MEASURES
5.1 In the event of good cause, in particular if a visitor commits criminal offences (e.g. bodily harm, theft, drug trafficking or similar) on the premises of the venue, burns off fireworks or endangers employees of the organiser or other visitors in any other way (e.g. by crowd surfing or similar), the organiser is entitled to exclude the visitor from the event. If the organiser exercises its right of exclusion, the admission ticket shall lose its validity. A claim for renewed admission or refund of the purchase price is excluded.
5.2 Covid-19, also known as coronavirus, is an infectious disease that can lead to severe and potentially fatal illness. There is a risk of transmission of Covid-19 in any environment where people congregate. We will take enhanced security measures to ensure the safety of visitors. However, the risk of transmission cannot be completely eliminated. When a visitor participates in an event, the visitor bears the risk in connection with Covid-19. In this respect, our liability for damages that are exclusively attributable to the visitor’s sphere of risk is excluded. Clause 9.1 remains unaffected.
5.3 When staging the event, the applicable regulations and recommendations of the relevant authorities must be observed in order to prevent the transmission of Covid-19. All visitors are expected to comply with the regulations and recommendations and, where applicable, the Code of Conduct, which may be sent to ticket purchasers shortly before the event.
5.4 Visitors must not attend the event if they believe they may be infected with Covid-19.
5.5 In the event of non-compliance with the above measures, we are entitled to exclude the visitor in question from the event.
5.6 The following persons may not attend the event: (a) Any person exhibiting symptoms of Covid-19 (e.g. new persistent cough, fever, loss of sense of taste or smell); (b) Any person who has exhibited the above symptoms in the fourteen (14) days preceding the event or if any member of their household has done so in the twenty-one (21) days preceding the event; (c) Any person who has been instructed by the Competent Authority to isolate themselves.
5.7 We recommend that the following people do not attend the event: (a) Any person who has been informed that they are at clinical extreme risk and that they should be screened. (b) Anyone living in the same household as a person who is clinically extremely vulnerable.
5.8 To access the event, each ticket purchaser must provide personal data required by the organiser of the event to prevent the spread of COVID-19. All data collected will be used solely for contact tracing and access control purposes to ensure the safety of all visitors.
5.9 If such data collection takes place for this event, admission may be refused without entitlement to a refund if the data is not provided as required.
6. PERSONALISATION OF TICKETS AND PROHIBITION OF PASSING ON TICKETS
6.1 All tickets for the Pure&Crafted Festival are personalised, i.e. only the person who is the holder of the right to attend has the right to demand admission to the event. His or her name is part of the ticket.
6.2 The first and last name you provide at the time of purchase will be noted on the ticket. If you purchase more than one personalised ticket, you will be asked and required during the purchase process to truthfully state immediately at the time of purchase the first and last name(s) of the additional person(s) for whom the personalised tickets are to be issued. The legal transaction stands or falls with the timely, immediate and truthful provision of the different names of the ticket holders at the time of purchase, as the tickets will be issued immediately afterwards to the names you provided in the purchase process (“relative Fixschuld” – drop dead date). A breach of the obligation to provide different names leads to considerable additional work for us due to conflicts during admission control. In addition, the event would be indicated as sold out, although we can withdraw from the respective contracts in the event of violations of the obligation to provide different names, and seats would become available again as a result. If we had to give you a reasonable period of time before withdrawing, this would be to the detriment of other visitors and would encourage unauthorised ticket trading at inflated prices. In the event of multiple mention of the same name in the purchase contrary to the aforementioned provision, we reserve the right to withdraw from the contract immediately for the aforementioned reasons without the need to set a deadline (§ 323 para. 2 no. 2 BGB). Furthermore, you will be asked to confirm that the provision of this third-party data is not improper. In these cases, the contract is concluded exclusively between you and us. The other persons named by you are merely beneficiaries of this contract and receive their own right to attend the event (§§ 328 ff. BGB).
6.3 Entitlement to attend the event exists only on the basis of the contract you have concluded with us (clause 2.2). In addition, your name must appear on the ticket. Based on the contract concluded between you and us, third parties for whom you have purchased a personalised Ticket are also entitled to attend the event in accordance with these GTC. The name of this third party must be noted on their ticket. A further prerequisite for attending the event is that you or the person for whom you have purchased the ticket can identify yourself with your/their valid passport, identity card or driving licence upon request at the entrance control.
6.4 We are not obliged to demand the presentation of the aforementioned documents at the admission control in order to check the entitlement of the ticket holder. flora&faunavisions is also released from its obligation to perform vis-à-vis its contractual partner if another person gains access to the event by presenting the ticket. Only one person per ticket is entitled to attend the event.
6.5 You agree to purchase and use the tickets for private use only. Any transfer of the tickets is prohibited. This includes in particular the sale of tickets to third parties or an auction of the tickets via an internet auction house or unauthorised internet ticket exchanges. You may not transfer your rights and obligations under the contract with us (including the right to request admission to the event) to a third party. If you do not wish to/are unable to use the Ticket, you may return the Ticket(s) subject to the conditions set out in Clause 7. This does not affect the possibility of returning the ticket(s) in the event of cancellation or postponement of the event in accordance with Clause 4.
7. RETURN OF TICKETS
Unless expressly stated otherwise during the ordering process, tickets may only be returned in the event of cancellation or postponement of the event. Clause 4 remains unaffected.
8. BLOCKING OF PERSONALISED TICKETS
8.1 In the event of a violation of the prohibitions contained in Sections 5.1 or 6.5, flora&faunavisions is entitled to block the affected tickets against reimbursement of the ticket purchase price (with the exception of the advance booking fee and the system fee, Section 2.2) and to deny the respective ticket holder(s) access to the event.
8.2 In the event of a repeated violation of the prohibitions contained in Sections 5.1. or 6.5., flora&faunavisions is entitled to block the Tickets concerned without replacement, i.e. without refunding the Ticket purchase price paid.
8.3 The blocking can also be carried out by the sales partner on behalf of flora&faunavisions. In addition, the GTC of these distribution partners may provide for further reasons for the blocking of tickets.
9. LIABILITY OF FLORA&FAUNAVISIONS
9.1 flora&faunavisions shall be liable without any limitation for all damages to life, body and health culpably caused within the framework of the contractual relationship. The same applies to all cases of mandatory legal liability, in particular under the Product Liability Act, and in the event of the assumption of a guarantee.
9.2 In the event of a breach of fundamental contractual obligations (so-called “Kardinalpflichten”) due to ordinary negligence only and not covered by clause 9.1, flora&faunavisions’s liability shall be limited to compensation for the foreseeable damage typical for the contract. Fundamental contractual obligations of flora&faunavisions include obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment you may regularly rely.
9.3 In all other respects, flora&faunavisions shall only be liable in the event of a grossly negligent or intentional breach of contractual duty.
9.4 To the extent that flora&faunavisions’ liability is excluded or limited under the preceding paragraphs, this shall also apply to the liability of its legal representatives and vicarious agents.
10. OBLIGATIONS OF THE CUSTOMER WHEN ATTENDING THE EVENT
10.1 Dangerous objects such as gas containers, pyrotechnic articles (e.g. flares, fireworks or sparklers), laser pointers, weapons of any kind as well as objects that can be used as projectiles – especially bottles and cans – may not be brought to the event.
10.2 Professional tape recorders, film, photo or video cameras may not be carried or operated at the event.
10.3 In the event of a breach of clause 10.2, flora&faunavisions and its employees shall be entitled to confiscate recording devices and cameras and to retain them until the end of the event for a fee.
10.4 In the event of a breach of the above paragraphs, flora&faunavisions reserves the right to deny the persons concerned access to the event or to exclude them from the event.
11. SOUND AND/OR IMAGE RECORDINGS BY FLORA& FAUNAVISIONS
In the event that image and/or sound recordings, such as radio or television recordings, are made during the event by persons authorised to do so, you agree that you may be recorded in image and/or word and that the recordings may be reproduced, disseminated and publicly reproduced, in particular broadcast, without entitlement to remuneration, unless you have legitimate interests to the contrary.
12. APPLICABLE LAW, PLACE OF JURISDICTION
12.1 Insofar as the customer is not a consumer, German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 The place of performance and jurisdiction is Berlin, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.
13. FINAL PROVISIONS
13.1 flora&faunavisions has not entered into any agreements or made any promises, either orally or in writing, in addition to these GTC up to the time of the conclusion of the contract.
13.2 Should individual provisions of this contract be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of general terms and conditions that are not included or are ineffective (Section 306 (2) of the German Civil Code (BGB)). In all other respects, the parties shall replace the void or invalid provision with a valid provision that comes as close as possible to it in economic terms, insofar as no supplementary interpretation of the contract takes precedence or is possible.
Status: 29 March 2022