General Terms and Conditions of Business
I. General regulations
Note on dispute resolution:
The online dispute resolution platform of the EU Commission can be found here:
http://ec.europa.eu/consumers/odr/
Our e-mail address is office@openbeatz.de
We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Preamble
Open Beatz Festival GmbH, represented by Managing Director Florian Gebauer, An der Römerstraße 18, 89331 Burgau (hereinafter referred to as the Organizer) offers festivals (hereinafter referred to as “Open Beatz”) on the designated festival site Puschendorfer Str. 2, Herzogenaurach, Bavaria. The festival grounds include in particular all areas of Open Beatz, to which access is only granted with a valid admission ticket (hereinafter only “Ticket”), as well as the camping area and the parking zones (hereinafter the “Festival Grounds”).
§1 Scope, subject matter and conclusion of the respective contract
1. These following terms and conditions conclusively regulate the contractual relationship between the purchaser of a ticket or other service (hereinafter the “Visitor”) and the Organizer. The organizer points out that he acts as an entrepreneur in the sense of § 14 BGB (German Civil Code), i.e. in the exercise of his commercial or independent professional activity.
2. These General Terms and Conditions shall apply exclusively. Any terms and conditions of the Visitor that conflict with or deviate from these Terms and Conditions shall not be recognized, unless the Vendor has expressly agreed to them in an individual case.
3. They apply to consumers as well as to entrepreneurs. Consumer in the sense of these terms and conditions is any natural person who makes the order for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or independent professional activity when placing the order. 4.
4. The organizer concludes contracts only with consumers who have completed the 16th year.
5. The subject of the respective contract is primarily the purchase of a ticket, whereby the parties conclude an event contract, and the visitor acquires the right to attend the event. In addition, the visitor may book further services. By booking a parking space or camping site, the visitor concludes a rental contract for a motor vehicle or camping site. By booking a locker, the visitor concludes a rental contract for a locker (hereinafter only “Locker”). The subject of the respective contract may also be the sale of other additional items by the Seller to the Visitor. 6.
6. The guarding, monitoring or safekeeping of the parked vehicle, the granting of insurance cover or any other activity that goes beyond the provision of the parking space is not the subject of the contract. Accordingly, the organizer does not assume any duty of care. 7.
7. The ordinary termination of the rental contract is excluded for the rental period. The rental contract ends with the expiry of the rental period, unless the rental contract is terminated beforehand without notice. A refund of the rental fee in the event that the customer does not use the rented pitch, campsite is only possible in accordance with the applicable legal provisions (currently: § 537 BGB) and otherwise excluded.
8. Special provisions apply to the booking and use of the parking lot, booking of a campsite and use of the camping area, as well as booking and use of lockers (“Locker”). These special provisions can be found in the annex to these GTC.
9. The visitor may place an order for tickets, other additional items, booking of a parking place, camping site or locker on the website of the Organizer. The offer to conclude a contract is made by the Visitor as soon as he/she presses the “Pay now” button (or a button with similar wording). The acceptance of the contract between the visitor and the organizer comes about (i) in the case of payment by advance payment by displaying the transfer data for the still missing transfer and (ii) for all other payment methods by assigning and sending the ticket number or the ticket to the participant. Furthermore, the sending of an access to a personal MyTicket portal, which is recognizable for the participant, always constitutes a confirmation of the contract. If visitors do not receive such a statement within the time limit, they are no longer bound to their order.
Upon receipt of full payment by the organizer, the tickets will be sent to the e-mail address provided by the visitor. Visitor will not receive any further tickets by mail or fax.
11. The text of the contract and the General Terms and Conditions will be sent to the visitor by e-mail after the order. In addition, visitors who have created a customer account can call up their respective orders via their customer account at any time after conclusion of the contract.
12. The conclusion of the contract takes place exclusively in German language. German law is applicable, as far as the visitor is a merchant.
13. All prices are gross prices in euros.
§ 2 Processing of the purchase contract
1. At the conclusion of the contract the payment of the purchase price is due immediately. The visitor has the possibility to choose between different payment modalities. 2.
2. In case of return debit notes, these additional costs will be charged to the visitor.
3. The visitor will, as far as it concerns a mutual commercial transaction in the sense of the commercial code, examine the ordered goods immediately after the delivery. This applies in particular regarding the completeness of the goods and their respective functionality. The Seller must be notified immediately of any defects that are discovered or can be readily detected during this inspection. A detailed description of the defect must be enclosed. If the visitor fails to notify the seller, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.
4. Defects of the goods, which cannot be detected during the proper inspection according to paragraph 3, must be notified to the seller immediately after their detection, as far as it concerns a mutual commercial transaction; otherwise, the goods shall be deemed approved also in view of this defect.
§ 3 Duties of the visitor
1. The visitor is responsible for keeping and carrying the tickets to the event.
2. Tickets or other offered services, which can only be purchased personalized, entitle only the respective holder of the ticket or the booked additional item to participate in the event or to use it. Re-personalization is governed by the applicable General Terms and Conditions of TicketPAY Europe GmbH.
3. When using discounted tickets, the visitor is obligated to present the corresponding proof of eligibility at the access controls to the event without being asked to do so. If the visitor does not comply with this, the organizer has the right to withdraw from the contract after setting a reasonable deadline to fulfill the obligation to provide proof. If it turns out that the visitor is not entitled to the corresponding type of ticket, it is pointed out that the organizer is legally entitled to contest the contract.
4. The visitor is obliged to use the services provided/to be provided by the organizer only for the contractually agreed purposes. In particular, the visitor is only entitled to use the tickets for exclusively private purposes. Any commercial resale of the purchased tickets or use as a prize for a raffle, contest or other promotional purposes is prohibited without obtaining prior consent from the organizer.
Private resale is permitted exclusively via the TicketPAY platform and is governed by the applicable General Terms and Conditions of TicketPAY Europe GmbH.
5. The preparation of the ticket (e.g. imprinting, altering or other types of modification of the ticket) for the purpose of deceiving or disadvantaging others is prohibited.
6. Any visitor who passes on tickets in violation of the above clauses of § 3 No. 4 and 5 or prepares tickets in the sense of § 3 No. 6 shall be obligated to pay the organizer an appropriate contractual penalty to be determined by the organizer at its reasonable discretion and subject to judicial review in the amount of up to €2,500.00 per ticket or visit right offered or prepared in violation of the contract. The organizer reserves the right to claim higher damages by offsetting the contractual penalty. In such cases, the organizer is further entitled to confiscate the ticket in question or to cancel the visit.
7. The visitor must ensure that his actions in connection with the event do not violate legal regulations and/or the rights of third parties. In particular, the visitor is obliged to check the legal admissibility of any actions/actions himself and to behave in a legally compliant manner.
8. If third parties assert claims against the organizer according to the preceding clauses, the organizer will inform the visitor immediately. The visitor undertakes to indemnify the organizer from any liability towards third parties, to support the organizer in the legal defense and to bear the costs of the appropriate legal defense, insofar as the organizer is not guilty of contributory negligence. In this case, the indemnity shall be reduced by the proportion of contributory negligence.
§ 4 Changes, Cancellation, Cancellation by the Organizer
1. The organizer has no influence on the design, length and content of the individual performances and therefore assumes no liability towards the visitor.
2. The ticket entitles to visit several concerts and accompanying events on the festival area. The organizer has the right to change the schedule, content, and location of the respective events at short notice. The organizer will – as far as possible – provide an equivalent substitute. This does not give the visitor the right to withdraw and/or cancel his tickets, as long as the overall character of Open Beatz remains intact.
3. Delays and postponements of single program points are to be accepted by the visitor as far as reasonable.
4. Cancellations or changes will be announced by the organizer as early as possible and can also take place after the beginning of the festival for important reasons. The organizer will try to announce program changes immediately on his homepage at www.openbeatz.de as well as on the corresponding social media channels. Changes during the festival will be announced by the organizer on the screens and through notices.
5. The organizer reserves the right to relocate or cancel the event for important reasons. In this case, a refund claim is only limited to the nominal value of the ticket.
6. The organizer is exempt from the obligation to perform in cases of force majeure. Force majeure shall be all unforeseen events as well as events whose effects on the fulfillment of the contract are not the responsibility of either party. These events include, in particular, epidemics, pandemics, lawful industrial action, also in third party companies, as well as official measures. In case of cancellation by the organizer, already paid fees will be refunded; further claims are excluded, as far as no exclusion of the limitation of liability/exclusion of liability according to § 6 of this contract applies.
7. Open Beatz takes place in principle in all weather conditions. However, should the weather conditions constitute a danger to life, limb or health of the visitors, artists and/or staff, the organizer may immediately cancel Open Beatz.
If, for reasons of weather or due to an official order or court decision or due to other unforeseeable circumstances for which the organizer is not responsible, a service to be provided by the organizer becomes impossible or is delayed (e.g. labor disputes, operational disruptions, transport obstacles, official measures – in each case also at the contractual partners of the organizer), the organizer is entitled to cancel the event.
8. the current notices and the instructions of the security personnel on site shall apply in addition.
§ 5 Photos and recordings
We point out that in the context before and during the entire event audio and video recordings are made by the organizer and third parties commissioned by him and are published by the organizer on the Internet, the print media and other media, disseminated and passed on, to the extent that this is permissible under the provisions of the DSGVO and the Art Copyright Act.
§ 6 Liability
1. The visitor is entitled to statutory warranty rights for any defects, unless otherwise stipulated in these terms and conditions. For consumers, the statutory warranty rights are not limited by § 6 No.2 of these Terms and Conditions.
2. If the visitor is an entrepreneur, the warranty period of the rights from § 437 No. 1 and No. 3 BGB for new articles is, in deviation from § 438 para. 1 No. 3 BGB, one year from the statutory commencement of the limitation period. For consumers, the statutory warranty period of two years shall apply in the case of § 438 para. 1 no. 3 BGB.
3. Insofar as parking spaces, camping passes or lockers are booked, the application of rental contract law may arise in addition. In the case of rental agreements, the organizer’s liability for damages regardless of fault for defects that were already present at the time of the conclusion of the contract is excluded.
4. If there is a case of statutory warranty, the liability for defects is excluded for defects caused by external influences for which the organizer is not responsible.
5. The organizer is not liable for damages caused by slight negligence or for damaged, lost, stolen or otherwise lost objects.
6. The use of the parking lot is at the visitor’s own risk.
7. The visitor and the persons accompanying him undertake to treat the parking lot, the camping site as well as buildings, facilities, inventory etc. of the camping site with care.
8. The organizer expressly points out that irregularities, damages or losses (e.g. tree fruits, insects, animals, branches etc.) resulting from nature can occur; a liability of the organizer for such damages is excluded under consideration of the following liability regulations.
9. The visitor is liable for all damages caused by himself or his accompanying persons on the parking lot or on the camping area or towards other visitors. Damages culpably caused by the visitor himself or his accompanying persons during the stay are to be reported to the organizer immediately.
10. Obvious damages caused by the organizer, which become known to the visitor before leaving the parking lot, are to be reported to the organizer immediately and the visitor is to be given the opportunity to examine the damage. If this is exceptionally not possible or not reasonable for the visitor, the notification shall be made in text form to the organizer at the address stated in these GTC. The staff does not include farmers who assist in the event of weather-related towing.
11. The organizer is not liable for the losses of the personal valuables stored in the locker. In addition, the Organizer shall not be liable for any loss of personal belongings stored in the Locker if the Visitor is guilty of gross negligence.
12. The Visitor shall support the Organizer in determining and eliminating the defect and shall immediately allow the Organizer to inspect the documents from which the detailed circumstances of the occurrence of the defect result.
13. The organizer shall be liable without limitation for damages caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality, for claims based on the Product Liability Act and for injury to life, limb or health. For other damages, the organizer shall only be liable if an obligation is violated, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which visitors may regularly rely (cardinal obligations) or if it is a risk that can only be controlled by the organizer. The above limitations of liability also apply to the organizer’s vicarious agents. 14.
14. The aforementioned liability regulations also apply to the organizer’s vicarious agents.
15. Liability is excluded in all other respects.
§ 7 Access to the festival area
1. Only visitors who have a valid ticket and have reached the age of 16 are admitted to the festival area. At the first admission (check-in to the festival area/campground) the ticket and the valid identity card have to be shown. The ticket will be exchanged for the festival wristband. The festival wristband must be carried with you during your entire stay on the festival grounds and may not be taken off or passed on.
2. Visitors with “Weekend-Ticket & Camping” and “Weekend-Ticket VIP & Camping” can move between camps at any time during the event weekend.
3. The organizer reserves the right to deny visitors access to the festival grounds for good cause. An important reason is in particular, but not conclusively, the carrying of prohibited objects in the sense of § 8, an obviously heavily intoxicated state of the visitor, if the visitor is obviously under the influence of drugs or makes homophobic, sexist, racist or inhuman remarks. Admission will also be refused if the protection of minors is violated (§ 10). If there is an important reason for refusing admission, the visitor’s ticket loses its validity; the ticket price will not be refunded.
4. The organizer reserves the right to expel visitors from the entire festival area who are found on the festival area without appropriate legitimation. There is no right to a refund of the entrance fee.
5. Unsealed or damaged festival wristbands lose their validity and must be exchanged immediately at the service desk.
§ 8 Prohibited objects/admission control
1. Generally dangerous and/or endangering and/or prohibited objects are forbidden on the entire festival area. This includes in particular drugs and intoxicants, glass bottles of any kind and form, shishas with glass bowl, other glass containers, animals/pets, weapons of any kind (also in the technical sense), professional photo, film, video cameras and tape recorders, drones, flares, pyrotechnic objects, laser pointers, aggregates and car batteries, spirit, gasoline or other flammable liquids, gas cartridges filled with more than 450g of gas, dry ice, sparklers, sky lanterns, vuvuzelas, megaphones, commercial, political or religious items of any kind, including banners, signs, symbols or flyers, team tents over 5 people, furniture and items identifiable as bulky waste.
2. In addition, plastic containers and cans (containers of all kinds, including drinking backpacks) are prohibited on the premises of Open Beatz, unless they are used by the organizer or by vendors licensed by the organizer to serve food and beverages.
3. Security checks (including body and bag searches) will be carried out by the organizer’s security staff at the entrance. The security personnel is entitled to carry out body and bag searches. The visitor agrees to this. The instructions of the security personnel must be followed. The organizer reserves the right to immediately expel visitors from the event premises in the event of non-compliance. In this case, a refund of the admission fee is not possible. 4.
4. The organizer is entitled to temporarily keep and take possession of prohibited objects according to § 8 No.1 and 2 and to hand them over to public authorities or the police. The organizer expressly points out that there is no possibility to remove objects from the disposal containers. Prohibited items may not be deposited in the lockers. There is no entitlement to a refund of the entrance fee.
5. A subsequent prevention of the visitor to participate in the event does not entitle to a refund of the entrance fee.
§ 9 House Rules/Rules of Conduct/Photographing and Filming
1. The organizer or an authorized third party has the domiciliary rights. On the festival area the festival area rules, the camping rules and the parking rules are valid. The instructions of the organizer’s staff must be obeyed.
2. The visitors are especially prohibited to
– carry prohibited objects in the sense of § 8;
– to exercise physical violence against other visitors, personnel of the Organizer or other third parties;
– to throw objects onto the stages, onto the personnel of the organizer or onto other visitors;
– urinate or defecate outside the toilets;
– to paint, spray or soil structural facilities, walls, objects, etc;
– to engage in commercial trading, marketing campaigns or advertising measures without the prior written consent of the organizer. Advertising measures of any kind, i.e. advertising of a product, a service, a company or a brand, as well as the attachment of decorations and other objects are strictly prohibited on the entire festival grounds;
– Entering areas and rooms that are not open to visitors and climbing on stages, tents, trusses or similar;
– Stage diving, crowd surfing and pogoing.
– Statements of homophobic, sexist, racist or other inhuman content.
3. photography for private use is permitted. The personal rights of third parties must be respected at all times. Sound, film, digital and video recordings, including for private use, are strictly prohibited. Bringing professional tape recorders and professional photo, film, video and digital cameras and drones is generally not permitted. Misuse will be prosecuted if there is an initial suspicion of a criminal offense. Permitted are simple digital cameras without interchangeable lenses as well as GoPros (no professional equipment, no film cameras).
4. visitors who violate or have violated the aforementioned rules of conduct or rules of conduct according to the organizer may be expelled from the festival grounds and banned from the premises. If a visitor commits a criminal offense at the Open Beatz Festival (e.g. trafficking in narcotics, bodily injury, theft or sexual assault), the visitor will be expelled from the festival grounds immediately and without warning and the facts will be reported to the law enforcement authorities.
5. if one of the aforementioned important reasons exists and the visitor is expelled from the venue, the ticket loses its validity; the ticket price will not be refunded. A visitor who culpably violates these General Terms and Conditions, the Festival Regulations, the Camping Regulations or the Parking Regulations shall be liable to compensate the organizer for any damage incurred by the organizer as a result.
§ 10 Protection of minors
The provisions of the Law for the Protection of Young People in Public apply to the entire festival area.
§ 11 Health impairment due to loudness
The visitor is aware of the fact that at Open Beatz, especially in front of the stages, there is a special volume and the danger of possible health damage, especially hearing damage. The organizer will ensure that the visitor is not harmed by the sound level of the performances by means of suitable technical equipment and volume limitation. Irrespective of this, it is strongly recommended to use earplugs, especially when staying close to loudspeaker boxes, as well as to choose a place in front of the respective stages that is conducive to individual hearing habits.
§ 12 Deposit collection
On the entire festival grounds, the professional collection of deposit bottles is strictly prohibited and will be prosecuted if there is an initial suspicion of a criminal offense.
§ 13 Final provisions
1. Changes or additions to the respective contract must be made in text form in order to be effective.
2. Should one or more clauses of these terms of use be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Status 11.07.2023