- General Terms and Conditions for Purchasing and Distributing Entrance Tickets for the Festival DAS FEST
- House Rules and User Regulations
General Terms and Conditions for Purchasing and Distributing Entrance Tickets for the Festival DAS FEST (“Ticket Terms and Conditions”)
Date: November 2, 2018
1.) Scope of the Ticket Terms and Conditions
1.1) The ticket terms and conditions apply to all deliveries and services in connection with the provision and sale of entrance tickets (hereinafter also referred to as “tickets”) through Karlsruhe Marketing und Event GmbH (KME), Alter Schlachthof 11b
76131 Karlsruhe (hereinafter “the organizer”) and their ticket offices and vicarious agents. A visitor’s contract for the festival DAS FEST (hereinafter also referred to as “event”) is concluded between the organizer and ticket purchaser.
1.2) Entry tickets for the festival DAS FEST are sold exclusively for private, non-commercial use by the purchaser. Commercial use is defined as resale at a profit. The buyer purchases personalized visitor’s rights for one person per purchased entry ticket, which is only valid for the ticket owner whose name is entered in the designated field on the entrance ticket.
1.3) Regarding the right to transport using the means of transport offered by the Karlsruher Verkehrsbund (KVV), which may be granted in conjunction with the ticket, the transport contract, which is merely mediated by the organizer, is exclusively concluded between the respective ticket purchaser/visitor and the transport company of which they make use.
2.) Conclusion of contract / cancellation
2.1) The offer for the conclusion of a contract is effected through the ticket purchaser as soon as they have either expressed their respective wish at the ticket office or clicked on the button “order with obligation to pay” as part of an online purchase. The ticket purchaser is bound by this offer until the third working day after submission of the offer has passed. A contract is only concluded between the ticket purchaser and the organizer once the tickets have been handed over or the correct payment details have been entered for an online sale, and the offer has been accepted by the organizer or their vicarious agents (e.g., through an explicit confirmation or allocation and transmission of the transaction number).
2.2) For online orders, the receipt of an order is automatically confirmed. However, this confirmation does not mean that a visitor’s contract has been concluded. The offer is only accepted by the organizer after they have examined availability and expressly accepted, confirmed, and transmitted the tickets.
2.3) A buyer may purchase a maximum of 6 entrance tickets for DAS FEST per festival day. It is prohibited to purchase a number of entrance tickets for DAS FEST that exceeds this quantity restriction. This particularly applies to any attempts to bypass this prohibition by entering different names in online orders, by purchasing tickets at different ticket offices on different days or at different times, or by purchasing tickets several times at a certain ticket office.
2.4) The organizer is entitled to cancel an order for which a transaction number has already been allocated (unilateral cancellation right) if the ticket purchaser is culpably breaching conditions they were made aware of within the framework of ticket sales (e.g., breaching the restriction of the number of tickets per ticket purchaser, infringement of the ticket terms and conditions, particularly of resale prohibitions, bypassing attempts by registering and using several user profiles, etc.). The cancellation/withdrawal can also take place by implication by means of a credit note for the paid fees. §§ 346 ff. BGB, under exclusion of § 350 BGB, applies to the previously mentioned right to cancellation.
2.5) Should the obligations from 2.3 and 2.4 be infringed, the organizer is entitled to withdraw from the visitor’s contracts concluded for the respective days by the purchaser by invalidating the tickets and to demand a contractual penalty from the purchaser, which may exceed the value of the invalidated tickets by a maximum of 100%. This penalty is set by the organizer at their reasonable discretion and can be reviewed by the competent court in case of a dispute. The contractual penalty may be offset by the purchaser’s refund claims resulting from the cancellation and invalidation of the tickets. Any other contractual penalties must be taken into consideration when determining the contractual penalty. Further claims to damages remain unaffected of this, whereby the contractual penalty will be counted towards claims to damages.
3.) Price components and payment terms
3.1) In addition to the ticket price, the organizer, the ticket office, or their vicarious agents can charge the ticket purchaser shipping costs (if the tickets are sent by mail) and/or an appropriate processing fee (e.g., advance booking charge, system fee).
3.2) The prices for tickets may exceed the prices printed on the tickets (e.g., due to addi-tional advance booking charges and shipping costs).
3.3) Payment of the ticket price and any other costs incurred through shipping and processing fees are due upon conclusion of the contract by purchasing the ticket.
3.4) Insofar as the tickets have been sent or handed to the ticket purchaser before the ticket price has been paid, the tickets remain the property of the organizer until full, definitive, and unconditional payment of the ticket price has been received. In the exercise of their right to object to an unfulfilled contract, tickets that have not been paid for do not entitle the ticket holder to take part in the event. The organizer’s right to demand compensation from the ticket purchaser remains unaffected. In case of non-payment, the organizer can invalidate the tickets after a reasonable grace period.
4.) Shipping and incorrect deliveries
4.1) If the organizer or one of their service providers sends the tickets to the ticket purchaser on request, the shipping costs are borne by the ticket purchaser. The transport company is chosen by the organizer.
4.2) If the purchaser is not a consumer in accordance with § 13 BGB, then the following applies: the ticket purchaser is obligated to examine the tickets immediately after re-ceipt in order to ensure conformity with their offer (in case of an online order, by com-paring them to the order confirmation they received by email). In case of obvious incor-rect deliveries, especially wrongly delivered entrance tickets (e.g., for the wrong event day), the purchaser will receive a free replacement in return for sending back the already-received entrance tickets, as long as the purchaser reports the error to the sender of the ticket in writing within a week of receipt.
4.3) The purchaser bears the risk for the shipment of the entry tickets, unless the organizer or their vicarious agents display gross negligence or intent.
5.) Right of revocation, return, and reimbursement
5.1) Since the festival DAS FEST represents a service in the area of leisure activities that is performed at a certain time or within a specifically indicated time period, the two-week revocation period for consumers, in accordance with the regulations on distance selling contracts, does not apply here (see § 312 g Para. 2 No. 9 BGB). Purchasers are therefore generally not entitled to return their tickets. Every ticket order is binding upon conclusion of the contract and obliges the purchaser to pay.
5.2) Tickets cannot be exchanged. However, the organizer will take back the tickets and reimburse the paid purchase price if the event is cancelled by the organizer and/or rescheduled for a different day. Tickets will be returned to and reimbursed at the ticket office at which the tickets were purchased. When buying tickets online, the purchased tickets must be sent back to the sender by post in case of a return. In all cases, the price will only be reimbursed upon presentation of the original ticket.
5.3) If the event is rescheduled, the tickets retain their validity for the new event date. In this case, the ticket purchaser can decide whether to use the ticket to attend the event on the new event date or whether to return the ticket in accordance with section 5.2 and withdraw from the visitor’s contract. This right to choose does not apply if the event is taking place on the same day but with a different start time. Regarding the return of the tickets and reimbursement of the purchase price, the regulations for section 5.2 apply.
5.4) The festival DAS FEST is an open-air event. In the event of force majeure (weather conditions such as thunder, storms, etc.), official orders, a court decision, or other important circumstances that affect the security of the visitors, the schedule may be changed, or the event may be aborted or cancelled. If it becomes impossible to hold the event, the visitor will be reimbursed the ticket price upon presentation of the purchased entrance ticket and the sales receipt.
5.5) Insofar as an event has already started before it becomes impossible to carry on the event, the above-mentioned regulation applies for the part of the event affected by this impossibility. Insofar as an event has already begun and is aborted through no fault of the organizer after more than a third of the average duration of this respective type of event has lapsed, the ticket price will not be reimbursed.
If the organizer is not at fault for the impossibility of holding the event, any such claims from visitors to ticket price reimbursements expire after 6 months following the official cancellation.
5.6) The organizer is entitled to modify aspects of the program that are not considerably characteristic of the event’s overall picture, without having to grant the ticket purchaser a cancellation or return right for the ticket due to the program modification.
6.) Attending the event, distributing tickets, contractual penalty
6.1) Visitors are only entitled to attend the festival DAS FEST on the basis of the visitors’ agreement which the visitor has concluded with the organizer or has entered into under the conditions of section 6.4.
Visitors verify that they are a contractual partner and therefore have acquired the visitor’s right by presenting both their ticket and – upon request of the organizer – a photo ID. The organizer reserves the right to refuse entrance to ticket owners who have not acquired a visitor’s right, in particular by invalidating the ticket. If the organizer grants access to the ticket owner, they are still released from their obligations towards the contractual partner if the ticket owner is not identical to the legitimate contractual partner entitled to attend the event.
Furthermore, a requirement of attending the event is that the visitor must present the front of the ticket which shows their name. If, in the case of a legitimate assumption of the visitor’s contract and the associated transfer of the ticket, a name is already indicated on the ticket, this name should be crossed out and the name of the individual now entering into the contract signed on the free space on the front. When doing so, care must be taken to ensure the ticket number or other identifying features are not written over. By presenting their ticket at the entrance to the festival grounds (in particular by inserting the ticket into the scanning device), the visitor declares that they are entitled to visit the event and also recognize the House Rules and User Regulations.
6.2) The purchaser indemnifies the organizer from any damages that occur as a result of the purchasing buyer/visitor failing to make the other visitors for whom they have also purchased entrance tickets aware of the ticket terms and conditions.
*6.3) The private transfer of a ticket is permitted for non-commercial reasons, particularly in the case the ticket purchaser falls ill or faces other hindering circumstances, as long as it does not present a case of impermissible transfer as regulated by section 6.5.
6.4) The ordering individual can only transfer the rights and duties from the visitor’s contract (and thereby also the visitor’s right) to a third party if the third party enters into the visitor’s contract in their place and assumes all rights and duties. This entry requires the organizer’s approval, which is hereby given in advance under the conditions contained in section 6.5. The transfer of individual rights from the visitor’s contract, particularly the visitor’s right, is excluded if one of the prerequisites described in clause 1 and 2 is omitted. Insofar as a contractual partner of the organizer has purchased several visitor’s rights within the framework of a visitor’s contract in a permissible way and transfers these visitor’s rights to several third parties in a permissible way, this results in separate visitor’s contracts with the individuals entering into the contract.
6.5) To avoid violence and crimes in connection with attending the event, to implement bans from the grounds, and to prevent the resale of tickets at increased prices, mean-ing in the interest of retaining a social price structure, the organizer’s approval for a third party to enter into a visitor’s contract in accordance with section 6.4 is not granted in the following cases:
6.5.1) if, in the sale of the visitor’s right or of tickets, the offered resale price exceeds the original price printed on the ticket by more than 15% (plus a fee of €2); this also applies in particular within the framework of a private transfer;
6.5.2) if the visitor’s right or tickets are sold by means of an auction not authorized by the organizer (particularly online) or on online marketplaces not authorized by the organizer, either by the purchaser themselves or by a third party;
6.5.3) if the visitor’s right or tickets are sold on a business or commercial basis without obtaining express prior permission in writing from the organizer;
6.5.4) if the visitor’s rights or tickets are deliberately sold to individuals who have been banned from the event for security reasons;
6.5.5) if the visitor’s rights or tickets are sold (incl. giving them away free of charge) for the purposes of advertising, marketing, as a bonus, advertising gift, prize, or part of a non-authorized hospitality or travel package;
*6.5.6) if the visitor’s rights or tickets are sold (including giving them away free of charge) without expressly making a note of these ticket terms and conditions, especially the transfer restrictions listed in this section 6.
6.6) Transferring or offering visitor’s rights or tickets in breach of the cases mentioned in 6.5 is prohibited.
For every culpable breach of one of these prohibitions, the contractual partner is obligated to pay a contractual penalty. The amount of this penalty will be set by the organizer at their reasonable discretion and can be reviewed by the competent court in case of a dispute, but may not exceed the maximum of €2,500.
In particular, the number of unlawfully offered visitor’s rights or tickets, as well as the level of resale prices, plays a decisive role in determining the number of breaches.
6.7) In case of a breach of the prohibition according to section 6.5, the organizer is entitled to withdraw from the visitor’s contract and/or invalidate the tickets and refuse the ticket owner entry to the event. Insofar as the contractual partner should have a reimburse-ment claim due to the withdrawal or invalidation, the organizer is obligated to take this into account when determining the contractual penalty. The right to withdrawal according to clause 1 also applies for other visitor’s contracts that the purchaser has conclud-ed with the organizer.
6.8) In case of a breach of the prohibition according to section 6.5, the organizer, irrespective of their freedom of contract, reserves the right, at their reasonable discretion, to exclude the respective contractual partner from purchasing tickets in the future, deny them access to the festival DAS FEST if necessary, and initiate further legal measures if need be.
7.) Access authorization / access denial / exclusion
7.1) The organizer is entitled to refuse entry to ticket purchasers who cannot verify their identity by means of a valid government-issued ID (e.g., ID card, child ID), as well as ticket purchasers who have been banned from the DAS FEST festival grounds.
7.2) The organizer is not obligated to reissue tickets that have been lost or stolen; the organizer can reissue tickets according to their best judgment if the ticket purchaser is able to indicate the reservation number and verify the loss or theft. The organizer will charge an expense-based processing fee for reissuing a missing ticket. By accepting the newly issued ticket, the ticket purchaser agrees to invalidate the missing ticket. The organizer’s right to claim compensation from the ticket purchaser remains unaffected (e.g., in case of duplicate issuing of the ticket).
7.3) Intentionally untruthful reports of loss that could lead to a duplicate ticket being issued may result in the organizer reporting an offence.
7.4) Every ticket purchaser is obligated to present the ticket they have purchased to the organizer, the police, the regulatory authority, or other legitimate security staff upon request for examination.
8.) Children and teenagers
*8.1) Children under the age of 14 may only attend the festival DAS FEST if accompanied by a custodial person (generally the parents) or legal guardian (person of age) who has been authorized to act as the legal guardian by a custodian. A form for legal guardianship can be found here: http://www.dasfest.de/files/juschu-formular_erziehungsbeauftragung.pdf.
8.2) Teenagers aged 14 to 16 are permitted to attend the event until 10:00 p.m. After 10:00 p.m., they must be accompanied by a custodial person or a legal guardian.
8.3) Teenagers aged 16 to 18 are permitted to attend until midnight.
8.4) OVER-16 AND OVER-18 ARMBANDS
Visitors who, in accordance with the valid provisions for protecting minors, are legally allowed to purchase and consume beer, wine, wine-like drinks or sparkling wine, or mixtures of beer, wine, wine-like drinks or sparkling wine with non-alcoholic drinks, can show their ID once at the information stand. On request, they will receive a “16plus” armband, which will enable the drinks staff to recognize that the teenager is allowed to drink alcohol. A respective “18plus” armband can be received to purchase other alcoholic drinks that may only be sold to adults.
This is voluntary and serves to comply with the provisions for protecting minors, the regulations of which will be strictly observed.
9.) Image and video recordings
Image and video recordings will be made by the organizer at the festival. The ticket purchaser agrees that the organizer, as well as third parties commissioned by the organizer, have the right to create image and video recordings of the visitors and/or have third parties create these recordings, to reproduce, send, and use these recordings in any audio-visual media and/or have third parties reproduce, send, and use these recordings, without having an obligation to pay remuneration for their usage. § 23 Abs.2 KunstUrhG remains unaffected.
10.) Prohibition of carrying tape recorders, photo cameras, as well as film and video cameras / prohibition of image and video recordings
10.1) Sound, film, and video recordings of artists performing at the festival are generally prohibited. The organizer would like to point out that a violation may be prosecuted. Carrying video cameras, single-lens reflex cameras, system or bridge cameras is not permitted.
10.2) The ticket owner releases the organizer from any claims regarding the creation, reproduction, utilization, or provision of public access to the photos and videos recorded by them.
10.3) The ticket purchaser is also not permitted to allow third parties to follow the event simultaneously or in a time-delayed way at another location through the use of tools.
11.) Scope of liability / notice of defects
11.1) The liability of the organizer, their legal representative, and vicarious agents for damages arising through injury to life, the body, and health, as well as liability in accordance with product liability law and liability due to malicious concealment of defects or acceptance of a guarantee of quality is not limited by these ticket terms and conditions. Furthermore, these ticket terms and conditions do not limit the organizer’s liability for damages caused by an intentional or grossly negligent breach of duty on the part of the organizer, their legal representative, or vicarious agents. If none of the previously mentioned cases has occurred, the organizer’s liability for damages arising from the breach of a duty essential to attaining the purpose of the contract, the fulfilment of which makes the implementation at all possible and on which the ticket purchaser relies and which they are entitled to expect, is limited to the typical, foreseeable damages for this type of contract. Apart from that, the owner’s liability is excluded.
11.2) Insofar as liability for damages in section 11.1. is limited, this also applies for any liability of the vicarious agents and legal representatives of the organizer.
11.3) The ticket purchaser’s claims due to obvious defects of the event are excluded if the defect is not reported to the organizer or involved third parties in accordance with section 11.2. within a limitation period of four weeks – calculated from the end of the event; this does not apply to damages arising from injury to life, the body, or health and for other damages occurring due to intention or gross negligence on the part of the organ-izer, their legal representatives, and vicarious agents.
12.) Data protection
13.) House Rules and User Regulations (HRUR)
By attending the festival DAS FEST and by entering the event space used for the respective event, including parking spaces and the immediate paths leading to the event space, the ticket purchaser agrees to follow the House Rules and User Regulations (HRUR) posted on the festival grounds. The House Rules and User Regulations for the festival DAS FEST can also be viewed online at http://www.dasfest.de/index.php?article_id=31&clang=1. By accessing the grounds, every ticket owner recognizes the House Rules and User Regulations and accepts them as binding. The House Rules and User Regulations are applicable independently of the effectiveness of these ticket terms and conditions.
14.) Alternative dispute resolution in accordance with the Consumer Dispute Resolution Law
14.1) Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/.
14.2) The organizer would like to point out that they are not willing or obligated to participate in dispute resolution procedures in front of a consumer arbitration board.
15.) Place of jurisdiction, applicable law
15.1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2) If the ticket purchaser is a company, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the competent court for Karlsruhe.
16.) Final provisions
Should individual clauses of these ticket terms and conditions be or become partially or entirely invalid, this affects neither the effectiveness of the legal relationship between the organizer and the legitimate ticket purchaser nor the effectiveness of the remaining clauses or the remaining parts of such clauses.
House Rules and User Regulations (HRUR) for Visiting the Festival DAS FEST and the Event Space Used for This Purpose
November 2, 2018
The festival DAS FEST is organized by Karlsruhe Marketing und Event GmbH (hereinafter referred to as “the organizer”). These HRUR serve to ensure the regulated use of- and guar-anteed safety and order at the event space used by the festival DAS FEST. By accessing the territory covered by the HRUR, users and visitors of the festival DAS FEST recognize the validity of the following HRUR organized under civil law. If use occurs on the basis of a con-tract concluded with the organizer, then – unless contractual obligations deviate – compli-ance with the HRUR is guaranteed additionally upon conclusion of the contract. The contrac-tual users are obliged to inform their employees (and any other persons who gain access to the event space within the framework of the contract’s implementation) of the HRUR and their validity, and to obligate them to comply with the HRUR.
1.) Scope of the HRUR
1.1) The HRUR apply to all of the organizer’s events taking place on the event site (ticket area, children’s and youth area, as well as the sports area) and must be complied with be everyone who accesses the applicable territory. This comprises all preliminary events, as well as the setting up and dismantling periods.
1.2) By entering the event site, visitors confirm that they are aware of and recognize that they are bound by these HRUR.
2.) Domiciliary right
2.1) The organizer possesses the sole domiciliary rights to the event site.
2.2) Immediate compliance must be given to instructions issued by the organizer or by se-curity bodies employed within the framework of the event (control and security staff as well as police officers and other regulatory authorities).
2.3) Individuals who violate one or more of the points of these HRUR may be expelled from the event grounds. The same applies to all persons who resist the orders of the organ-izer and/or the orders of the security staff employed as part of the event.
3.) General entry conditions
3.1) Only persons to whom the organizer has granted access may enter the festival DAS FEST. These HRUR apply to all areas of DAS FEST, i.e. the ticket area, the children’s and youth area, as well as the sports area. Only persons with valid accreditation or a valid entrance ticket may access the ticket area. Admission tickets are only transferable within the event grounds in accordance with the rules of the ticket terms and conditions. Accreditations are not transferable within the ticket area. In case of improper use or unauthorized transfer of entrance tickets, accreditations, or IDs, these may be con-fiscated without replacement.
3.2) On the event grounds, ticket sales for the festival DAS FEST by third parties are pro-hibited, in accordance with the rules of the ticket terms and conditions. In case of viola-tion, the organizer will make use of their domiciliary rights and will ban individuals from the grounds.
3.3) A visit to the event grounds is subject to the regulations of youth protection legislation (JuSchG) as well as the notices on protecting minors while visiting the festival DAS FEST. These notes can be viewed at http://www.dasfest.de/index.php?article_id=26&clang=1.
3.4) The entrance ticket loses its validity upon leaving the event grounds, unless the visitor has been handed a respective exit ticket for re-entry, which entitles the visitor to re-enter the grounds when presented in combination with the original entry ticket. The visi-tor may also be readmitted if their exit of the event grounds was tracked by the elec-tronic access control system and the entry ticket was authorized for re-entry in the sys-tem.
4.) Admission control
4.1) Upon entering the event grounds, every person is obligated to show their entrance ticket or other credentials to the control and security staff as well as police officers and other regulatory authorities without prompting and to hand it over for examination upon request. The identity of the visitors may be checked through inspection of their gov-ernment-issued ID (ID card, passport, drivers’ license, etc.).
4.2) During their stay on the event grounds, visitors are bound by the obligation to show and hand over identification if requested to do so by the control or security staff, police of-ficers, or other regulatory authorities. Reasons do not need to be given for the demand to show ID. Persons who cannot prove their right to access the grounds may be ex-pelled by the event grounds’ control or security staff, police officers, or other regulatory authorities if they are found there. Persons who have been banned from the event grounds forfeit their right of access and are excluded from events. Reimbursement of the ticket value is excluded in such cases.
4.3) Visitors who are obviously under the influence of alcohol or drugs, or who are carrying weapons or dangerous objects within the meaning of section 6 of these HRUR and do not agree with these being secured by control or security staff or by police officers or other regulatory agencies, are also excluded. Reimbursement of the ticket value is ex-cluded in such cases.
4.4) When dealing with visitors whom security bodies suspect, due to their behavior or other indications or assessments, of either being banned, being under the influence of alco-hol or drugs, or carrying weapons or dangerous objects within the meaning of section 6 of these HRUR, the security bodies are, with the visitor’s permission, entitled to inspect their clothing and containers for the purpose of clarifying the matter, including the use of technical means to determine the influence of alcohol or drugs, or, in the case of a potential ban being in place, check the identity by inspecting their identification docu-ments. Visitors who do not give their permission will be excluded from entering the event grounds and will be expelled from the event grounds if they are found there. Re-imbursement of the ticket value is excluded in such cases.
4.5) The organizer does not condone xenophobic, racist, violence-glorifying, and left-wing or right-wing extremist tendencies. Therefore, persons who, particularly through their external appearance in combination with their political views, give the impression of an extreme stance, will be excluded from visiting the festival DAS FEST. In this context, the term “external appearance” particularly encompasses clothing, often with thematic characters, which clearly indicates the wearer’s attitude through different combinations of numbers or letters. Furthermore, persons who present such extreme views through flags, propaganda material, or shouts/exclamations will be excluded from visiting the festival DAS FEST. Reimbursement of the ticket value is excluded in such cases.
5.) Behavior in the HRUR territory
5.1) Within the territory covered by these HRUR, everyone is to behave in a way that does not endanger, damage, or – to a greater extent than is inevitable under the circum-stances – obstruct or bother other people or objects of considerable value.
5.2) Everyone is to comply with the orders of the security staff, the employees of regulatory authorities, the police, the fire department, the emergency services, and the organizer.
5.3) For security reasons (keeping emergency and escape routes free), wheelchairs and walking aids that are medically necessary (e.g., walkers) are only permitted in the hilly area and within the designated special areas in front of the stages. Visitors in wheel-chairs may only be located in designated wheelchair spaces. In coordination with the Disabilities Representative, the control and security service is therefore entitled to as-sign visitors to a certain area.
5.4) All staircases and exits, as well as all escape and emergency routes, must be kept free. Marked escape routes and escape doors may not be blocked, locked, or have their function altered in any way. Escape routes may only be opened in case of emer-gency.
5.5) All fire protection equipment, hydrants, electrical boxes, control panels and telephone switchboards must remain freely accessible and unblocked. This applies in particular to emergency routes.
5.6) Should personal injury be sustained or property damage occur, this must be reported to the organizer immediately.
5.7) A take-off, flight, and landing ban for unmanned aviation systems (drones) applies with-in the territory of these HRUR.
5.8) For security reasons and to prevent threats, video surveillance is in place on the event grounds.
Visitors within the territory covered by these HRUR are prohibited from carrying the following items and objects:
6.1) Weapons, as well as other dangerous objects that are also likely to inflict or cause harm.
6.2) Protective weapons and clothing or objects that can be used as protective weapons and, depending on the circumstances, are intended to fend off the enforcement measures of an person of authority.
6.3) aerosol spray cans, corrosive or coloring substances, flammable liquids or pressure vessels for easily flammable or harmful gasses, with the exception of standard pocket lighters and liquid for e-cigarettes up to 50 ml.
6.4) Bottles (including PET bottles), cups, jugs, cans, or other containers made from fragile, splintering, or especially hard material.
6.5) Bulky objects such as ladders, stools, chairs, boxes, suitcases.
6.6) Firecrackers and fireworks, torches, rockets, Bengal Fire, smoking powder, smoke bombs, flares, and other pyrotechnic objects.
6.7) Flagpoles or sign poles as well as large-scale banners, double holders, and larger amounts of paper or wallpaper rolls.
6.8) Mechanically and/or electrically operated noisemakers as well as devices for sound and voice amplification; laser pointers.
6.9) Food or drink, especially all types of alcoholic drinks, as well as drugs.
6.10) Animals (with the exception of guide dogs).
6.11) Violent, racist, xenophobic, antisemitic, extreme right-wing extreme left-wing propaganda material.
6.12) Clothing, flags, banners, patches, and similar items presenting writing that can be used to defame persons on the basis of their skin color, religion, origin, gender, or sexual orientation, or with labels displaying symbols that are unconstitutional or should be categorized as extreme right-wing or xenophobic in accordance with recognized views; the same applies to visible tattoos of this type.
6.13) Types of objects that are capable of and intended for harming individuals or damaging property, especially projectiles, poles, and sticks (with the exception of those used by disabled visitors).
6.14) Objects that are capable of and, depending on the circumstances, intended for preventing the determination of an individual’s identity.
Visitors are also prohibited from:
6.15) climbing onto or over constructions and facilities not intended for general use, particularly facades, fences, walls, cornices, enclosures around the event space, barriers, lighting systems, camera platforms, all types of poles, roofs, including any fixing and anchoring devices, trees, hedges, roadside greenery, or any kind of planting areas;
6.16) entering areas marked as inadmissible for visitors, as well as locations or places not intended for visitors’ use by the organizer;
6.17) setting up, attaching, or storing objects;
6.18) unrolling view-obstructing banners for the purpose of concealing impermissible actions;
6.19) throwing objects;
6.20) lighting fires, fireworks, rockets, Bengal Fire, smoking powder, smoke bombs or other pyrotechnic items, or assisting or inciting others to do so;
6.21) offering or selling goods, distributing print material, conducting collections, or selling entrance tickets without having obtained the necessary permissions under public law and approval from the organizer;
6.22) writing on, drawing on, affixing something to, scratching, burning, or in any other way damaging physical structures, facilities, trees, or roads;
6.23) relieving themselves outside of the toilets or polluting the event grounds in any other way, in particular by disposing of or leaving items;
6.24) expressing or circulating violent, racist, xenophobic, antisemitic, extreme right-wing and extreme left-wing slogans, as well as discriminating against population groups through statements, gestures, or any other kind of behavior;
6.25) Attending in an outfit capable of – and under certain circumstances intended to – prevent one’s identity from being determined (ban on face coverings);
6.26) carrying weapons or types of objects that are capable of and intended for harming persons or damaging property;
6.27) constricting traffic areas, particularly sidewalks and roads, and setting up sales stands on green areas;
6.28) carrying bags and backpacks larger than 21 cm x 8 cm x 34 cm.
6.29) Bringing video cameras, single-lens reflex cameras, system or bridge cameras is not permitted.
Persons who breach these regulations will be refused entry to the event grounds or expelled from the event grounds and will lose any existing right to reimbursement for the entrance fee or the ticket value, as well as any right to payment of any claims for damages. The organizer reserves the right to use additional legal means.
7.) Advertising and decoration
7.1) Any kind of advertising measures, as well as affixing decorations and other objects, is not permitted within the territory covered by these HRUR, unless they are permitted on the basis of a contractually determined agreement with the organizer or have been permitted through the organizer’s written approval on an individual basis.
7.2) Advertising measures also include measures that are not carried out upon payment of a separate fee, but instead – for whatever reasons – serve to promote a company or a brand.
7.3) The organizer or security staff may prevent advertising measures and secure advertising material that is being used where appropriate.
7.4) Irrespective of other official regulations, distributing flyers, advertising material, magazines, and similar material is exclusively permitted upon obtaining permission from the organizer.
8.) Selling goods, food, and drinks
Offering and selling goods of any kind (in particular merchandising articles or food and drink), distributing printed material, carrying out collections, as well as setting up booths, stands, or similar is prohibited, unless contractual approval and, if necessary, permission under public law are in place.
9.) Image and sound recordings
Every visitor agrees that the organizer, as well as third parties contracted by the organizer within the framework of the event, have the right, without being obligated to pay remuneration, to create and/or have third parties create image and sound recordings of the visitors, to reproduce, send, and use these in any audio-visual media, and/or have third parties reproduce, send, or use these recordings. § 23 para.2 KunstUrhG remains unaffected.
10.1) The liability of the organizer, their legal representatives, and vicarious agents for damage arising from injury to life, body, and health as well as liability in accordance with product liability law is not restricted by these HRUR. To avoid potential hearing impairments and damage to health due to the amplified sound during the event, the organizer recommends the use of hearing protection.
10.2) Liability for other damages not named in section 10.1 is excluded, unless the damages are incurred through a deliberate or grossly negligent breach of duty by the organizer, their legal representatives, or vicarious agents, or through the breach of an obligation which jeopardizes the fulfilment of the purpose of the contract. In case of a breach of an essential contractual obligation, liability is limited to the foreseeable and typical damage. The release from liability also applies to the liability of the organizer’s agents and legal representatives. The organizer is only liable for the loss and damage of stored items in case of intent and gross negligence.
10.3) The organizer does not assume liability for damages caused by visitors, users, their representatives, or other third parties.
11.) Contractual penalties
Should there be any infringement of sections 5-8 of these HRUR, the visitor incurs a contractual penalty to the amount of up to €2,500.00, unless they are not at fault for the infringement. The contractual penalty is set by the organizer at their reasonable discretion and will be reviewed by a competent court in case of dispute. Further claims for damages remain unaffected by this, whereby the contractual penalty will count towards claims for damages.
In case of an unauthorized distribution of tickets, the contractual penalty regulation in accordance with section 6.6. of the ticket terms and conditions applies.
12.) Final provisions
12.1) These HRUR come into effect on November 2, 2018.
12.2) Appeals against individual measures from these HRUR, insofar as they are not contrary to other legal foundations, are excluded.
12.3) These HRUR can be modified by the organizer at any time without having to provide reason for doing so. Every new version of these House Rules automatically replaces, and thereby invalidates, every older version.