TERMS AND CONDITIONs

of Petrolettes UG (limited liability)

for the ticket purchase and event visit of the Petrolettes Festival

Regulation for contractual relationship of Petrolettes UG (limited liability) to their visitors of Petrolettes Festival

 

1 Agreement

1.1 By purchasing the ticket (hereinafter referred to as “Ticket”), Petrolettes UG (limited liability)  (hereinafter “Organizer”) and the purchaser of the ticket (hereinafter ” Visitors “) concluded a contract to visit the Petrolettes Festival (hereinafter” Event “).

1.2 The following General Terms and Conditions (hereinafter “Visitor Terms”) apply to the purchase of tickets for the visit of the event and thus to the legal relationship between the organizer and the visitor. The visitor terms and conditions are part of the visitor contract, which comes about through the purchase of tickets.

1.3 The services and obligations of the organizer are in electronic form of the event announcement on the homepage www. petrolettes.webfactory.berlin and the organizer’s Facebook page.

  1. The organizer reserves the right to move the event spatially and temporally. The transfer will be announced by the organizer immediately publicly via their homepage and Facebook page and by telephone request. Prior to major expenses for the visit (arrival, overnight stay, etc.) a written request to the organizer on the day of the event is urgently recommended. The right to return tickets in the case of physical and temporal relocation of the event is set out in Section 7.2 of these Visitor Terms and Conditions. The rights in case of cancellation of the event due to force majeure are set out in clause 7.3 of these Visitor Terms and Conditions.

2 access authorization and access control

2.1 Entrants entitled to access the event are in principle exclusively women, that means Visitors with female gender. The visitors have to identify themselves by request of personnel or passport. The organizer may grant access for visitors with male gender in exceptional cases, if it is a minor child under Section 2.2 of these visitor terms and conditions of a visitor or a male visitor whose physical gender is not with his felt (transgender) and recognizable outward female gender matches.

2.2 Only persons over the age of 18 are allowed to enter the event, upon presentation of a valid ticket. Accompanied by the legal representative (person entitled to custody) or a full-time supervisor and with the prior written consent of the legal representatives, however, children and adolescents up to the age of 17 have access to the event. Prerequisite for the right of access of children and adolescents is the submission of the written consent of their legal representative to participate in the event, naming the participating parent / guardian (so-called “Muttizettel”). Both the child / adolescent and the accompanying person must carry the identity card and a copy of the legal representative’s identity card upon admission. Failure to comply with these guidelines and evidence will deny access.

  1. The organizer accepts no contractual obligations to conduct such supervision due to the admission of visitors and third parties to the event premises, which require supervision due to their mental or physical condition. This applies both to the persons requiring supervision and to persons subject to supervision as well as to other third parties.

3 Conclusion of contract, due date of payment

3.1 Homepage, Facebook page, any other Internet pages and other advertising and information of the organizer on the event and tickets do not include an offer to conclude a contract, but a request to submit an offer by the visitor.

  1. The payment of the ticket price and any applicable shipping and handling charges is due upon conclusion of the contract for the ticket purchase.

4 Advance ticket sales, day / evening checkout, third party involvement in ticket distribution and contract execution

4.1 Advance ticket sales and ticket sales at the box office are always carried out by the organizer.

 

  1. The organizer may also instruct third parties to distribute the tickets on behalf of the organizer and also to act on their behalf in respect of other rights and obligations of the organizer. However, the contract for the ticket purchase is concluded exclusively between the organizer and the visitor.

5 Ticket delivery, obligation to notify

5.1 The ticket delivery or the ticket dispatch takes place in principle after complete receipt of payment as hardticket or in electronic downloadable form for printing. If the tickets are handed over or sent to the visitor before the payment is received, the tickets remain the property of the organizer until the complete and final payment of the ticket price.

5.2 When sending the tickets this is done at the expense and risk of the visitor. The selection of the shipping company is made by the organizer.

5.3 The visitor can assert obvious errors of the delivered tickets to the organizer within one week after receipt of the tickets.

  1. Changes in the course of events are subject to artistic freedom and are variably changeable with regard to artists and artistic performers. Reshuffles of artists and artistic performers are reserved for the organizer. Changes according to sentence 1 and 2 do not justify a claim for the return or exchange of the ticket.

6 Passing on of tickets

6.1 In order to avoid disruption of the event and offenses in connection with the visit of the event, to enforce house bans and to prevent the resale of tickets at excessive prices, it is in the organizer’s interest to restrict the transfer of tickets. The visitor is not allowed:

To sell

1 tickets at a higher price than the sales price of the organizer,

2 to sell tickets commercially  without the express prior written consent of the Organizer or to use them publicly for advertising or marketing purposes,

3 Passing on or paying for tickets to persons who are banned from hosting the event or the Petrolettes event series by the organizer.

6.2 The organizer is entitled to terminate the existing legal relationship to the visitor extraordinarily and without notice if the visitor violates the preceding paragraph 6.1 of these Visitor Terms and Conditions. In this case, the organizer will block the ticket and deny the visitor access to the event.

  1. The Organizer shall be entitled to demand from competitors who in violation of Section 6.1 of these Terms and Conditions of the Ticket pass on and / or offer tickets for each violation, excluding the continuation, a contractual penalty in the amount of € 2,500.00, unless the violation is done innocently. Any other claims for damages hereby remain unaffected.

7 Ticket return, cancellation, relocation and cancellation of the event

7.1 The return of purchased tickets is excluded. For expired tickets no replacement is granted. Tickets lost to the visitor or destroyed beyond recognition will not be refunded.

7.2 In the case of cancellation, spatial or temporal relocation of the event, the ticket price will be refunded upon presentation of the ticket. However, when the event is relocated, the ticket can only be returned if the new function room is not reasonable for the visitor, taking into account his interests. If an event is relocated to a new venue or to a different date, the ticket is also valid for the new event venue or the new event date.

7.3 If the event is canceled due to force majeure or due to bad weather, either party can declare withdrawal from the contract. In this case, the mutual rights and obligations are dropped. Each Contracting Party bears its own expenses incurred until then.

  1. In the event of cancellation of the event, the visitor is entitled to a refund of the ticket price paid if the cancellation takes place in the first half of the event. The demolition must be proven by submission of the ticket and within 14 days after the termination of the event to the organizer or its appointed ticket office, which mediated the ticket. The organizer is liable in the event of cancellation of the event in accordance with section 12 of these Visitor Terms.
  2. Hearing and health protection

At music events there is always the risk of hearing and health damage due to the volume. Therefore, it is expressly advised to bring suitable precautionary hearing protection for the visit to the event and to keep a sufficient safety distance to the jukeboxes. Every visitor is responsible for this.

9 Event order

9.1 The organizer is entitled to the house right within the event area in the extent necessary for the safe execution of the event, in addition to the house right of the owner or operator of the event area. The organizer is obligated to ensure the proper and safe execution of the event within the provided event area. It is also obliged to enforce the respective house rules of the owner or operator of the event grounds vis-à-vis its visitors. In case of violations of the house rules she has to take the necessary measures to prevent further violations. The organizer makes use of its legal representatives and vicarious agents, in particular the security staff, to exercise the house right.

  1. The rules of conduct for the event visit are laid down in the house rules for visitors. The house rules for visitors is an integral part of the visitor contract. The house rules for visitors are enclosed as an attachment to these Visitor Terms and Conditions and will also be displayed clearly visible on the event grounds.

10 photos and videos of visitors by organizer

With the purchase of a ticket, the visitor agrees that the photos or films made during the event by the organizer or by third parties commissioned by the latter may be used for press and advertising purposes of the organizer , The consent applies only to incidental or exemplary recordings of the visitors during the event recording. A remuneration obligation does not exist.

11 Prohibition of photo, film and sound recordings by visitors

11.1 The visitor is not allowed to bring professional photo, film or sound equipment and equipment that would suggest a commercial use to the event. Photographs, film or sound recordings made at the venue may only be made and used for private purposes. Any commercial use of photo, film and sound recordings is prohibited.

  1. If the visitor culpably violates paragraph 11.1 of the Visitor Terms and Conditions, the organizer is entitled to a contractual penalty of € 3,000 for each culpable violation to the exclusion of continuation. Any other claims for damages hereby remain unaffected.

12 liability

12.1 Unless otherwise stated in these Visitor Terms and Conditions and the following provisions, the Parties shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

12.2 The organizer is liable for damages – for whatever legal reason – only in case of intent or gross negligence of the organizer, their legal representatives and vicarious agents. For simple negligence of the organizer, their legal representatives and vicarious agents, the organizer is liable

1 for damage resulting from injury to life, limb or health, as well

2 for damages resulting from the breach of a material contractual obligation (obligation the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner can regularly rely and trust); in this case the liability of the organizer is limited to the compensation of the foreseeable, typically occurring damage.

12.3 The indemnity according to Number 12.2 of these Visitor Terms and Conditions also applies to the liability of the vicarious agents and legal representatives of the Organizer.

12.4 The liability limitations resulting from clause 12.2 of these Visitor Terms and Conditions shall not apply if the organizer or its representatives have fraudulently concealed a defect or if a guarantee for the condition of the work has been assumed. The same applies to claims of the visitor under the Product Liability Act.

 

  1. Due to a breach of duty that does not exist in a defect, the visitor can only resign or terminate if the organizer is responsible for the breach of duty. A free right of termination of the visitor from the visitor contract (in particular according to § 649 BGB) is excluded. Incidentally, the legal requirements and legal consequences apply.

13 Contact of the organizer

The organizer can be contacted at the following contact details: Petrolttes UG (limited liability) in foundation, Mariannenstr. 31, 10999 Berlin, E-Mail: info@petrolettes.webfactory.berlin, www.petrolettes.webfactory.berlin

14 Privacy policy

14.1 The personal data provided by the visitor for the purchase of the ticket will be stored and processed by the organizer exclusively for the purposes resulting from this contract in compliance with the relevant statutory provisions of the Federal Data Protection and Telemedia Act. The personal data of ticket holders will not be disclosed to third parties. Excluded from this is exclusively in the context of contract execution the disclosure to the third party ticket sales and contract execution according to Section 4 of the visitor’s terms and conditions. A transmission of the data to third party ticket sales and contract execution according to Section 4 of the Visitor Terms and Conditions takes place in accordance with the provisions of the Federal Data Protection Act and the scope of the transfer is limited to the necessary minimum for the execution of the contract.

  1. The visitor has the possibility to change or delete the data stored by him at any time. The right to delete the data stored by him does not exist if their deletion legal or contractual retention periods opposed, in addition, if the data for the establishment, content design or modification and execution of the contractual relationship between him and the organizer are required and stored for these purposes have to.

15 Final Provisions

15.1 The contractual relationship is subject to the law of the Federal Republic of Germany.

15.2 Place of fulfillment for all claims under the contract is Berlin. If no other legally binding place of jurisdiction is legally established, Berlin is agreed as the place of jurisdiction.

15.3 Should individual provisions of these Visitor Terms and Conditions be ineffective, this will not affect the validity of the remaining provisions. In place of the ineffective regulations, if available, the statutory provisions.

Alternative dispute resolution for consumers

16 Out-of-court dispute resolution for online ticketing of consumers

If the visitor is a consumer, that means  a natural person who concludes a legal transaction for purposes which are for the most part neither commercial nor self-employed, and has purchased his ticket online, the organizer points out that the European Union is responsible for the out-of-court settlement of consumer disputes Online platform (“OS platform”) that consumers can turn to. The OS platform can be found at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

The organizer’s e-mail address is: info@petrolettes.webfactory.berlin.

As of December 2019