TERMS & CONDITIONS

of the Düsseldorf Festival gGmbH, Bolkerstr. 14 – 16, 40213 Düsseldorf

I. Scope of application

The Düsseldorf Festival gGmbH is the organizer of the annual düsseldorf festival!. The following Terms and Conditions apply for the purchase of admission tickets for the düsseldorf festival! and the ensuing rights as well as the events taking place within the düsseldorf festival!.

II. SEPA direct debit

Within the legal provisions of the direct debit payment method the Düsseldorf Festival gGmbH will use the SEPA direct debit mandate from no later than February 1, 2014. SEPA (Single Euro Payments Area) serves as simplification of payments in the euro area. Thereby the existing account number is replaced by the IBAN (international account number) and the bank sort code is replaced by the BIC (bank identifier code). In case of switching the payment method to direct debit and the deposit of the account number by the ticket purchaser after the changeover to SEPA direct debit, the Düsseldorf Festival gGmbH grants in addition to the Creditor Identifier DE7700100001340966 a SEPA direct debit mandate, wherewith the ticket purchaser tasks his credit institute to redeem the direct debit.

Within the order confirmation (via email or phone) the Düsseldorf Festival gGmbH will inform the ticket purchaser at least two banking workdays before debiting the the payer’s account about the amount of the direct debit as well as the respective unique Mandate reference of the order if the order was directly addressed to the Düsseldorf Festival gGmbH. The above-mentioned Creditor Identifier and the unique Mandate reference will be stated from the Düsseldorf Festival gGmbH for all direct debit payments and authorizes an exact identification of the respective direct debiting. The ticket purchaser commits himself to disclose an eventual cancellation of the direct debit mandate not exclusively at their credit institute but also towards the Düsseldorf Festival gGmbH.

III. Entrance fees

  1. The entrance fees listed in the program of the events of the düsseldorf festival! are valid. These fees including all applicable charges as well as the statutory value-added tax.
    Remaining entrance tickets will be held at the box office for sale which opens usually one hour prior the start of the event. In addition, per order a processing and delivery charge in the amount of 4 euros is incurred.
    For payment by credit card, a surcharge of 5 % of the total price excluding the processing and delivery charge will be levied.
  2. The Düsseldorf Festival gGmbH warrants on all available tickets reduced entrance fees for pupils and students (from the age of 14 up to the age of 26), Federal Voluntary Service performer (BFD), trainees and unemployed people, unless otherwise noted.
  3. In terms of sentence 1, the eligibility shall be verified when purchasing tickets and attending the event by presenting the relevant original documents. If it is not possible to present the eligibility while attending the event, the difference between the price paid and the regular price will be required.

IV. DTS ticket portal / online shop

In case of orders via online shop, which is linked from the website of the organizer, the terms and conditions of the following company apply:

DERTICKETSERVICE.DE GmbH & Co. KG

Große Neugasse 2
50667 Köln

Postfach 10 22 23
50462 Köln

Amtsgericht Köln HRA 24796
Ust.-ID Nr. DE254713385

V. Ticket purchase

  1. Tickets purchased at the box office or at a booking office should be immediately examined regarding the requested amount, price, date, event, venue and seating category. Subsequent complaints will not be acknowledged.
  2. Tickets sent by post should also be immediately examined regarding the requested amount, price, date, event, venue and seating category. The postmark, fax report or email transmission report are dispositive for the complaint obligation. Subsequent complaints will not be acknowledged.
  3. The prescriptions for distance selling contracts pursuant to §312b Abs. 3 BGB are non-applicable.
    The customer has therefore no two-week right of revocation concerning the event booked.

VI. Transmission of tickets

  1. Tickets are sold exclusively for private use. In particular, it is prohibited to
    a) offer tickets at internet auctions;
    b) commercially resell tickets;
    c) resell tickets at a price which is above the actual price of the ticket within a non-commercial transmission;
    d) use or transmit tickets for the purposes of advertising, marketing, as a bonus, promotional gift, prize or as a part of an unapproved hospitality or travel package.
  2. If a ticket is used for one of the above-mentioned improper purposes, the ticket loses its validity. In this case the organizer is entitled to cancel the ticket without compensation and to refuse the entrance to the event without refund.
  3. Further claims for compensation remain unaffected. The organizer reserves the right to exclude people which violate the above-mentioned prohibitions from the future purchase of tickets.
  4. The organizer is not liable for services and prices from tour operators or rather other ticket providers towards the visitors.

VII. Return of tickets

  1. The return and exchange of tickets is strictly excluded. Lost or destroyed tickets will not be replaced or refunded; this is also valid for the loss of tickets on the dispatch route.
  2. Changes in program and cast remain reserved and do not provide a return of tickets. In case of cancellation or abandoning before the first intermission or within the first half of the event, tickets will be refunded less the system and advance booking charge. The refund will occur using bank transfer if the tickets are sent to the organizer enclosing the bank details within 6 weeks after the planned event. A return of tickets in case of a postponement of the event is only possible until the day before the event. The refund scheme does not apply, if an open-air event must be relocated to an indoor venue, if the view may be reduced, if an event is cancelled or has to be abandoned due to force majeure, strike, diseases or comparable events if the organizer is not responsible for it.

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VIII. Vouchers

Vouchers from the organizer can only be exchanged for tickets for all types of events with the organizer himself, if tickets are still available for the respective event. The voucher has to be present in its original form. Vouchers can only be redeemed in case of a direct purchase order. A later calculation is not possible. If the value of the voucher is insufficient, the remainder will be invoiced.

Vouchers cannot be paid out. The remainder cannot be paid out. The remainder will be transferred to another voucher. The remainder regulation does not apply in case of special vouchers, such as a give away through a promotion event on the part of our sponsors. A possible remainder on special vouchers will expire in case of disuse.

IX. Event procedure

  1. To ensure the integrity of the events, the visitor has to take his allocated seat and to switch off any signaling functions on the mobile phone and other electronic devices. Any right to the purchased seat is lost in case of an arrival after the stated beginning of the event. The visitor will only be allowed to entry if this will not disturb the event. In this case there is no right for a refund of the ticket purchase.
  2. The organizer exerts the householder’s rights at the venue. The organizer is entitled to impose a house ban or a dismissal as well as other appropriate measures within the householder’s right. Especially visitors disturbing the event, harassing other visitors or violating the terms and conditions in another way can be dismissed from the event and the venue. Access may also be denied if there is a suspicion, that the visitor may disturb the event or harass other customers.

X. Sound, image and film recordings

  1. Any sound, image and film recordings, also for private usage, are strictly forbidden for copyright and ancillary copyright. Every contravention is criminal according to the copyright law and may result in claims for compensation.
  2. In case of contravention the house staff is authorized to confiscate recorders and cameras until the end of the event and to only return them, if the owner agrees to delete recordings of the event beforehand.
  3. By purchasing a ticket and occurring the venue the visitor agrees to the unpaid usage for all media of his image and voice for audio and video recordings (like photographs, television recordings and broadcasting) which are created by the organizer or any agent relating to the event. The agreement extends to the reproduction and usage of images and voices in the usual and appropriate manner.

XI. Storage of Data / Data retention / Data Storage

The organizer is authorized to safe personal information which are negotiated within the reservation or purchase of tickets for usage of the underlying purpose of elevation. The organizer is authorized to transmit these data to third parties charged with the implementation of the payment agreement, if its necessary for the contract implementation. The customer agrees with the usage of personal information for own market research and advertising.

XII. Liability limitations

  1. The organizer, its legal representative and its agent shall exclusively be liable in case of intent and gross negligence.
  2. The liability of the organizer for the violation of contractual obligations, also in case of simple negligence, remains unaffected by the above restrictions to liability, but limited to the predictable and contract-typical/contractual damage. The liability limitation shall not affect claims involving damage to life and physical health as well as damage according to the Product Liability Act.

XIII. Final clauses

Es findet ausschließlich das Recht der Bundesrepublik Deutschland Anwendung.
Erfüllungsort und ausschließlicher Gerichtstand für alle Ansprüche zwischen der Veranstalterin und Kaufleuten oder juristischen Personen des öffentlichen Rechts oder öffentlich-rechtlichen Sondervermögen ist Düsseldorf, soweit nicht zwingende gesetzliche Vorschriften entgegenstehen.
Sollten einzelne der vorstehenden Bestimmungen unwirksam oder durch eine Sondervereinbarung ausgeschlossen sein, so wird hierdurch die Wirksamkeit der übrigen Bestimmungen nicht berührt.

Stand 12. Mai 2015