GENERAL TERMS AND CONDITIONS
General terms and conditions for SUMMER BREEZE Open Air
1. Organizer: SILVERDUST GmbH, Schulstr. 11, 73084 Salach, Tel: phone: +49 (0) 7162 / 400 600, Fax: +49 (0) 7162 / 400 626, E-Mail: firstname.lastname@example.org. Managing director: Achim Ostertag, Ulm District Court HRB 501425
2. SUMMER BREEZE Open Air is held on the designated festival site in Dinkelsbühl. The festival site includes all areas accessible only with a valid festival ticket, especially the areas at the main and secondary stages, the camp site and the parking areas. These General Terms and Conditions apply on the entire festival site. These Terms and Conditions apply to the buyer of a festival ticket (“attendant”) and the organizer, Silverdust GmbH. Through the purchase of a festival ticket, the attendant enters an event contract which gives him the right of attendance. When buying several festival tickets, the buyer represents the rest of attendants, and the organizer enters a contract with each of the attendants regarding their attendance to the event. Every attendant acknowledges their rights and obligations contained in these Terms and Conditions, as well as the parking and camping regulations and the Festival ABC.
3. The organizer agrees in principle to the transfer of the right of attendance to a third person, except in the following cases:
a. The third person has been banned from the event.
b. The ticket has been brokered, sold and/or distributed by an unauthorized third party, especially unauthorized internet marketplaces (e.g. Ebay) and ticket touts.
c. The ticket has been given away for promotional purposes, as part of an unauthorized travel package, as a bonus or as part of a raffle.
4. Every attendant who passes festival tickets on to third persons breaching the present agreement will pay the organizer a contract penalty of 2,500 Euro for each ticket passed on in breach this agreement. Breach of the aforementioned prohibition gives the organizer the right to block the affected tickets.
5. The organizer reserves the right to refuse admittance to an attendant for an important reason. Important reasons include, but are not limited to, the attendant carrying forbidden objects, an evident state of inebriation of the attendant, an evident state of drug influence of the attendant and/or an openly homophobic, sexist, racist or inhuman stance of the attendant. Breach of the German Law for the Protection of Minors will also lead to refused admittance. If one of the aforementioned important reasons leads to refusal of admittance, the festival ticket or the festival bracelet becomes invalid. The ticket price will not be refunded.
6. A valid festival ticket gives the right to camping and parking on the designated areas from 12.08.2015 at 10:00 without extra charge. Road traffic regulations apply on the whole festival site. The site must be vacated by Sunday, 16.08.2015 at 14:00 at the latest.
7. Access to the festival site is only granted with a valid festival ticket or an undamaged festival bracelet. The festival ticket will be exchanged for a festival bracelet at the entrance to the camp site. Attendants who leave the festival site will only be readmitted with an unopened, undamaged festival bracelet around their wrist. Open or damaged bracelets are not valid.
8. The organizer will inform in detail about arrival traffic, beginning of camping, alternative routes, etc. in the Festival ABC, which is available at www.summer-breeze.de/en/infos/festival-abc.html. Parking and camping regulations must be observed at all times.
9. Aggregates/generators are allowed on the festival campsite if in sound condition, especially not leaking oil or fuel. Operating aggregates/generators is allowed until 01:00. A maximum of 20 litres of fuel are allowed per vehicle.
10. Unlawful disposal of garbage (especially bulky refuse, furniture, etc.) will be reported to the authorities. Garbage sacks will be handed out at the entrance free of charge. These are to be taken to the designated refuse collecting stations marked on the site map.
11. Attendants must park their cars and build their tents (if applicable) without obstructing access for emergency vehicles and allowing unlimited access to sanitary installations. Failure to do so gives the organizer the right to move incorrectly parked vehicles at driver's cost and risk, using appropriate and reasonable means.
12. Parking of a motor vehicle is at driver's risk. The organizer is not liable for damage caused by other vehicles, other attendees or any other third persons. Camping is only allowed on the designated campsite. Instructions of security personnel must be followed at all times. Camping on surrounding fields and/or private grounds is strictly prohibited. Infringement of this rule may result in prosecution by the owners.
13. The campsite is reserved only for ticket holders. Camping without a valid festival ticket is not permitted!
14. When accessing the festival site a security control will be carried out. The security personnel is instructed to conduct a clothes and bag search on all attendants when accessing the infield. Attendants declare their conformity with this procedure.
15. The following are prohibited on the entire festival site: glass, animals/pets, weapons of all kind, torches, pyrotechnic items, sky lanterns, megaphones, flagpoles, merchandise of nazi bands, commercial, political or religious objects of all kinds (e.g. Metal Bible), including banners, posters, symbols or flyers, as well as dangerous items of all kinds.
16. The organizer is entitled to confiscate prohibited items.
17. The organizer and his security personnel exercise property rights. The organizer's festival rules and regulations, as well as parking and camping regulations, apply on the festival site. The personnel's instructions must be followed at all times.
18. Attendants must not carry prohibited items, exercise physical violence on other attendants, personnel or other third persons, throw objects on stage or other attendants, urinate or defecate outside of the toilets, paint, spray or soil fences, walls, construction elements or other objects, trade with, market or advertise goods without the organizer's written consent. Advertisement of any kind, meaning the promotion of a product, service, company or brand, as well as posting or placing decorations or other objects is generally prohibited. Furthermore, it is prohibited to enter areas and rooms that are not free to access for attendants and climb on stages, tents, trusses or similar objects.
19. It is allowed to take photographs for personal use with amateur cameras and mobile phones. Personal rights of third persons must be respected at all times. Making film, video or audio recordings and publishing them online or offline without the organizer's consent is prohibited.
20. Attendants who infringe or have infringed the aforementioned rules may be expelled and banned from the festival site by the organizer. Should an attendant commit a criminal offence at SUMMER BREEZE Open Air (e.g. drug dealing, bodily harm, theft, sexual assault, etc.) they will immediately be expelled from the festival site and reported to the police.
21. Should the organizer expel an attendant from the festival site due to one of the aforementioned important reasons, the festival ticket and/or festival bracelet will be no longer valid. The ticket price will not be refunded. Should a person be culpable of breaching these Terms and Conditions, they will be liable to compensate the organizer for the resulting damage.
22. Should SUMMER BREEZE Open Air be cancelled, the ticket price (not including pre-sale fee) will be refunded. SUMMER BREEZE Open Air takes place under any weather conditions, unless they present a direct threat to the life, health and well-being of attendants, artists or personnel, in which case the event will be immediately cancelled. In this case, as well as cancellation in case of an official order, court decision or an act of God, there is no right to refund and damage claim, unless the organizer could be accused of intent or culpable negligence.
23. In case of changes to the programme, the cancellation of single concerts of the programme, including those of so called headliners, attendants have no claim against the organizer, as long as these changes are kept within reasonable limits and the overall character of SUMMER BREEZE Open Air is still guaranteed. Any changes will be immediately communicated by the organizer on www.summer-breeze.com.
24. The attendant is aware that there is a high level of sound at SUMMER BREEZE Open Air, especially in front of the stages, which may pose a risk of damage to health, especially hearing. With appropriate technical equipment, sound level limitation and the choice of the individual concert locations the organizer will make sure that the attendant does not suffer any damage due to the sound level of the musical performances. However, the use of earplugs is nevertheless strongly recommended, especially in close proximity to the P.A. speakers. It is also recommended that the attendants chose a position corresponding with their individual hearing habits. Each attendant will receive a pair of earplugs free of charge when accessing the festival site.
25. At every event the German Law for the Protection of Minors applies. Children between 0 and 6 years of age don't have access to the concert area. Youths between 7 and 16 years of age have access only accompanied by a legal guardian or person having the care and custody of the child. Youths of 16 years of age and older have access until 24:00 only with written consent of a legal guardian. Persons having the care and custody of a child must carry the written agreement for custody and must present a copy of the ID card of the legal guardian.
26. Attendant has no claim to compensation. Exceptions to this rule are compensations for loss of life, injury, damage to health or the infringement of fundamental contractual rights, as well as any other damages arising from intentional or gross negligence of the organizer, their legal representatives or assistants. Fundamental contractual rights are those who are indispensable for the fulfilment of the contract's purpose. When fundamental contractual obligations are breached, the organizer is only liable for the foreseeable damage typical for the contract, if this damage arises from simple negligence, except when the claim is for loss of life, injury or damage to health. The above mentioned exceptions also apply to the organizer's legal representatives and assistants, if claims are made directly against these. The prescriptions of the law on product liability remain unaffected.
27. The organizer and commissioned third persons have the right to record images, sound and video of the attendants without compensation and to use or allow to use these recordings for coverage in all known and future media including the internet, physical sound and video storage media, as well as promotion of SUMMER BREEZE Open Air, for acquisition of sponsors and any other business activities of the organizer and related companies. All rights may be transferred to third parties for the aforementioned purposes.
28. German law applies exclusively.
29. The Festival ABC is an essential part of these General Terms and Conditions.
30. The organizer reserves the right to change the General Terms and Conditions at any time.