§ 1 Contract partner / basis of contract
- NUI NOIZE, Fabian Vogel, Stephanstrasse 26, 10559 Berlin, Germany (hereinafter referred to as “Organizer”) organizes the event format entitled “ALTER EGO” (hereinafter referred to as “Event”).
- The event format is based on a masked ball. Accordingly, there is a corresponding dress code for attending the event.
§ 2 Scope of application, definition of terms
- These General Terms and Conditions (hereinafter referred to as “GTC”) govern the legal relationship between the organizer and the visitor. With the purchase of the admission ticket for the event, a visitor contract for the event is concluded between the organizer and the ticket purchaser. The General Terms and Conditions thus apply to the purchase of tickets for the ALTER EGO event to visitors / ticket purchasers and thus to the legal relationship between the Organiser and the ticket purchaser. They are an integral part of the visitor contract, which is concluded through the purchase of admission tickets.
- The General Terms and Conditions apply to natural persons (private persons) as well as to companies, merchants, commercial persons, legal entities under public law and special funds under public law (companies).
- Additional or contradictory contractual conditions of the ticket purchaser shall only apply if the organiser has expressly acknowledged them in writing.
- For the purpose of naming the procedures with regard to the purchase of admission tickets (so-called small bearer paper), the term “ticket (pre-)sale” is used in accordance with current event practice in the General Terms and Conditions. From a legal point of view, the conclusion of the visitor contract is not a purchase contract, but a contract for work and services with an impact under tenancy law. This is because the desired final success of the visitor contract is not – as with the purchase contract – the transfer of an object or a right into one’s own assets. Rather, the purchaser of the admission ticket is solely concerned with the acquisition of the visitor’s right.
- An admission ticket is a bearer security within the meaning of § 807 BGB (German Civil Code) and thus a security which embodies the claim to the benefit. The ticket entitles only the ticket holder to access the event and to demand the promised service from the organizer. The purchase of the ticket is not primarily concerned with the acquisition of ownership of the ticket, but with the acquisition of the organizer’s visitor rights and the claim against the organizer to perform the announced event.
§ 3 Right of admission
Only persons aged 18 and over are entitled to admission to the event on presentation of a valid admission ticket. Admission subject to reservation.
§ 4 Contractual obligations
- The services and obligations of the organizer as well as the venue can be found in printable form in the respective event announcement, especially on this homepage.
- The organizer reserves the right to relocate the event. The relocation will be announced by the organizer immediately by e-mail. If an event is rescheduled to another date, the ticket is valid for the new event date. The right to return the admission ticket if the event is rescheduled is stipulated in § 9 of these General Terms and Conditions.
§ 5 Conclusion of contract / due date of payment
- The homepage and other advertisements and references by the Organiser to event materials and tickets do not contain an offer to conclude a contract, but an invitation to submit an offer by the Ticket Purchaser.
- The payment of the ticket price and any shipping and handling fees shall be due upon conclusion of the contract for the purchase of the ticket.
- The costs of electronic payment transactions shall be paid by the Ticket Purchaser. This also includes fees imposed on the Organiser by credit card companies or other credit institutes issuing cards.
§ 6 Ticket distribution / Ticket dispatch
- The distribution of tickets for the event in advance and at the box office is generally carried out by the organizer.
- If the tickets are sent or handed over to the ticket purchaser before the ticket price has been paid, the tickets remain the property of the organizer until the ticket price has been paid in full and finally.
§ 7 Involvement of Third Parties in Ticket Sales and Contract Execution
The Promoter may commission third parties to sell the Tickets on its behalf and also to act on the Promoter’s behalf with respect to other rights and obligations of the Promoter. The contract for the purchase of Tickets is concluded between the Organiser and the Ticket Purchaser.
§ 8 Passing on of tickets
- In order to avoid disruptions to the event and criminal offences in connection with attending the event, to enforce house bans and to prevent the resale of tickets at excessive prices, it is in the interest of the organizer to restrict the passing on of tickets. The ticket purchaser is not permitted to do so:
- to sell tickets at a price higher than the selling price (final ticket price including any advance booking and processing fees) of the Organizer
- sell tickets commercially or commercially or use them publicly for advertising or marketing purposes without the express prior written consent of the Promoter
- to pass on tickets against payment or free of charge to persons who are subject to a house ban for the event by the organiser
- The organizer is entitled to terminate the legal relationship existing with the ticket purchaser extraordinarily and without notice if the ticket purchaser violates paragraph 1. In this case, the organizer will block the ticket and refuse the ticket purchaser access to the event.
- The Organizer shall be entitled to demand a contractual penalty of up to €1000 per violation from ticket purchasers who pass on and/or offer tickets in violation of paragraph 1, unless the violation is not at fault. Further claims for damages remain unaffected.
§ 9 Ticket return / cancellation, postponement, cancellation, cancellation of the event / change of programme
- The return of purchased tickets is generally excluded. No replacement will be granted for expired tickets.
- If the event is cancelled or postponed, the ticket price will be refunded upon presentation of the ticket. However, if the event is relocated, tickets can only be returned with a refund of the ticket price if the new venue is unreasonable for the ticket purchaser taking his interests into account.
- If the event is cancelled due to force majeure, either party may withdraw from the contract. In this case, the mutual rights and obligations shall lapse. Each contracting party shall bear its expenses incurred up to that point.
- If the event is cancelled, the visitor shall be entitled to a refund of the ticket price paid if the cancellation takes place in the first third of the event. The abortion must be proven by presenting or sending in the ticket and must be claimed within 14 days of the event being aborted against the organizer or the advance booking office commissioned by the organizer and which brokered the ticket. The Organiser shall be liable in the event of the abortion of the event in accordance with § 14 of these General Terms and Conditions.
- Changes to the programme are subject to artistic freedom and can be changed variably with regard to the performers. The organizer reserves the right to change the cast of the performing artists. Changes according to sentences 1 and 2 do not constitute a claim to the return or exchange of the admission ticket.
§ 10 Dresscode
- During the visit of the event, the dress code indicated is valid for the visitors. Undesirable is clothing in the modern everyday style such as jeans, T-shirts, sneakers, etc..
- In the event of contraventions according to paragraph 1, the organizer or personnel commissioned by him may request the visitor to put on a cloakroom in accordance with the dress code. If the visitor does not comply with this request, he may be expelled from the event by the organizer or by persons authorized by the organizer. In this case, these ticket purchasers / visitors shall not be entitled to a refund of the entrance fee already paid or to any other compensation or reimbursement of expenses.
§ 11 Event regulations
- Within the event area, the organizer has the householder’s right to the extent necessary for the safe conduct of the event, in addition to the householder’s or operator’s right to the event location. The organizer is obliged to ensure the proper and safe execution of the event within the event area provided. It is also obliged to enforce the respective house rules of the owner or operator of the event location vis-à-vis the visitors. In the event of violations of the house rules, he must take the necessary measures to prevent further violations.
- The following general duties of conduct apply to the event:
- The carrying of dangerous or illegal objects, in particular drugs, weapons and explosive substances, as well as beverages and food not related to the event is not permitted.
- It is forbidden to carry animals with you.
- The ticket purchaser is prohibited from carrying objects of any kind on the event grounds with the intention of offering them for sale or using them in any other way for commercial purposes. Items which are carried with this intention or which are actually offered for sale may be removed by security personnel and other authorised persons or taken into custody until the end of the event.
- Furthermore, the ticket purchaser is prohibited from performing on the event grounds musical or artistic performances as well as other performances and exhibitions directed at a plurality of persons.
In the event of infringements of points a to d, a contractual penalty in the amount of € 1000 shall become due immediately; the organizer expressly reserves the right to assert further claims.
- The organizer may expel ticket purchasers / visitors who violate the house rules of the respective event location, the security requirements of the organizer’s rules of these GTC or instructions of the personnel from the event location. These ticket purchasers shall not be entitled to a refund of the entrance fee already paid or to any other compensation or reimbursement of expenses.
§ 12 Photographs/pictures, sound and film recordings of visitors
By purchasing an admission ticket for the event organised by the organiser, the ticket purchaser agrees that the visual and acoustic recordings and photos made during the event may be used by the organiser for media and for the organiser’s own reference use on his homepage. The visitor’s consent only refers to incidental or additional recordings of the visitors during the event recording. There is no obligation to pay remuneration.
§ 13 Prohibition of photo/picture, sound and film recordings by ticket purchasers
- Ticket purchasers are not permitted to carry cameras or other devices or installations which are used to record photos, images, sounds or films during their visit to the event. In the interests of discretion and mutual consideration, visitors are also not permitted to use these devices during the event in accordance with sentence 1.
- Visitors are generally prohibited from making video, audio and film recordings or enabling third parties to make such recordings or to transmit, disseminate or make publicly accessible such recordings in whole or in part via telemedia such as the Internet or telecommunications services such as mobile radio networks or to enable third parties to perform such actions without the prior written consent of the organiser.
- Commercial use of photographs, images, sound or film recordings made at the venue is prohibited.
- If the ticket purchaser culpably violates paragraphs 1 to 3, the organizer is entitled to a contractual penalty of up to € 3,000 for each violation. Further claims for damages remain unaffected.
§ 14 Liability
- Insofar as nothing to the contrary results from the GTC and the following provisions, the contracting parties shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
- The organizer shall only be liable for damages – for whatever legal reason – in the event of intent or gross negligence on the part of the organizer, its legal representatives and vicarious agents. For simple negligence of the organizer, its legal representatives and vicarious agents, the organizer is liable only in the following cases:
- for damages resulting from injury to life, limb or health
- for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case the liability of the organizer is limited to the compensation of the foreseeable, typically occurring damage.
- The release from liability pursuant to paragraph 2 shall also apply to the liability of vicarious agents and legal representatives of the Organiser.
- The limitations of liability resulting from paragraph 2 shall not apply if the Organiser or its representatives fraudulently concealed a defect or assumed a guarantee for the quality of the work. The same applies to claims of the ticket purchaser under the Product Liability Act.
- In the event of a breach of duty which does not consist in a defect, the Ticket Purchaser may only withdraw from the contract or terminate the contract if the Organizer is responsible for the breach of duty. The visitor’s free right to terminate the visitor contract (in particular pursuant to § 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences shall apply.
§ 15 Data protection
- The personal data provided by the ticket purchaser for the purchase of the ticket shall be stored and processed by the Organiser exclusively for the purposes arising from this contract in compliance with the relevant statutory provisions of the Federal Data Protection and Telemedia Act. The personal data of the ticket holders will not be passed on to third parties. The only exception to this is the transfer of data to third parties involved in ticket sales and the execution of the contract in accordance with § 7 of these General Terms and Conditions within the scope of contract processing, whereby this is done in accordance with the provisions of the Federal Data Protection Act and the scope of the transfer is limited to the necessary minimum for contract processing.
- The Ticket Purchaser may at any time change, correct or delete the data stored by him. The right to delete the data stored by him does not exist if their deletion is contrary to legal or contractual retention periods, or if the data is necessary for the establishment, content or modification as well as handling of the contractual relationship between him and the organizer and must be stored for these purposes.
§ 16 Final provisions
- The contractual relationship is subject to the law of the Federal Republic of Germany. Place of performance for all claims arising from the contract is Berlin. If no other legally mandatory place of jurisdiction is established by law, Berlin shall be agreed as the place of jurisdiction.
- Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remainder of the contract. The ineffective provisions shall be replaced, if any, by the statutory provisions.