AGB

GENERAL TEMS AND CONDITIONS

General Tems and Conditions of the Event Organizers

General Terms and Conditions of the SUMMER BREEZE Open Air

  1. Organizer: SILVERDUST GmbH, Summer-Breeze-Weg 1, 73453 Abtsgmünd, Tel: +49 (0) 7366 – 92 984 00, Fax: +49 (0) 7366 – 92 984 10, E-Mail: mail@silverdust.de. Managing Director: Achim Ostertag, District Court Ulm HRB 501425
  2. Application of the General Terms and Conditions

2.1. These General Terms and Conditions (henceforth “GTC”) come into effect between the purchaser of the ticket (henceforth “Visitor”) and the Organizer. By purchasing a ticket, the Visitor concludes a contract with the Organizer within the scope of an event agreement and acquires visiting rights for the event. By buying more than one ticket within a sales process, the purchaser represents the other Visitors, and the Organizer concludes an event contract regarding the attendance of the event with each other visitor.

2.2. Each Visitor recognizes the rights and duties contained in these GTC, as well as the Parking- and Camping-Regulations, and the Festival ABC.

  1. Festival Area

The SUMMER BREEZE Open Air takes place on the designated festival area in Dinkelsbühl. The designated festival area entails all areas to which access is granted only with a valid festival ticket, especially including the area in front of the main- and other stages, the camping ground, and the parking zones. These GTC are in effect for the entire festival area.

  1. Entrance; Entrance Control; Camping; Parking Ticket

4.1. Entrance to the event premises is only granted with a valid ticket or an intact festival ribbon. Upon entering the Camping ground via the entry, the ticket is exchanged for the festival ribbon. The ticket must be shown upon the first entry to the festival area. Visitors leaving the festival premises are only granted access to the festival area anew with an intact festival ribbon worn around the wrist. Unsealed or damaged ribbons lose their validity.

4.2. Upon entering the festival area, security controls conducted by the on-site security staff are possible-

4.3. The Organizer reserves the right to deny the Visitor the access to the festival premises for good cause. For  good cause entails especially, but not exclusively, carrying dangerous objects, evidently strong intoxication of the Visitor, the Visitor being evidently under the influence of drugs, or if the Visitor is exhibiting clear signs of a homophobic, sexist, racist, or inhuman attitude. Access is also denied in cases that are in violating to the legal provisions for the protection of children and young persons. If the entrance is denied for good cause, the ticket and the festival ribbon lose their validity. In that case, the entrance fee will not be reimbursed.

4.4. A valid ticket authorizes to camp without additional fees in the respectively designated zones on the festival area from August 11th, 2020, 10:00 AM. Parking entails an extra fee per car which is to be payed on-site. The national Road Traffic Act (StVO) is in effect for the entire festival area. The festival area must be departed from no later than Sunday, August 15th, 2020, 14:00 PM.

  1. Domiciliary Rights, Rules of Conduct; Photographing and Filming

5.1. Domiciliary are exercised by the Organizer, the security staff and individuals in authority. Instructions given by the Organizer’s staff are to be followed.

On the festival area, visitors are especially forbidden to

  • carry dangerous objects;
  • exercise physical or verbal violence against other visitors, the Organizer’s staff and personnel, or any other third party;
  • conduct in commercial trade, marketing campaigns or activities, or other advertising measures without prior written consent and permission by the Organizer;
  • entering areas or rooms that are not open for visitors.

5.2. Photographing with compact cameras and mobile phones for private usage is allowed. The personal rights of third persons are to be preserved at all times. The creation of film footage or audio recordings, as well as their online or offline distribution without the Organizer’s permission is prohibited.

5.3. Visitors violating above-mentioned codes of conduct or behavioral rules can be removed and banned from the festival area by the Organizer in compliance with exercising the domiciliary rights. If a visitor conducts a criminal offence, she or he is removed from the festival premises immediately and the case will be reported to the police.

 

5.4. If a visitor is removed from the festival area by the Organizer for an aforementioned good cause, the ticket loses its validity and the entrance fee is not reimbursed. In case of culpable breaches and violations of these GTC by the visitor, the visitor has to compensate the Organized for the any damages arising therefrom.

  1. Entrance Fees

The entrance fees can be learnt from the respective valid price lists.

  1. Online Order

The Summer Breeze website does not contain a contractual offer but solely an invitation to bid by the visitor.

  1. In general, tickets are only to be bought from the Organizer or authorized sales offices. If purchasing tickets from an authorized sales office entail additional deviating provisions, the GTC laid out in this document take precedence with regards to the agreement between the visitor and the Organizer.
  2. Online orders of tickets entail an online registration of the visitor and assigning a personal password. It is within the visitor’s own responsibility to prevent any unauthorized third person from knowing said personal password. The visitor is liable and assumes responsibility for all abusive and wrongful uses within the aforementioned context of third persons. Excluded are instances in which the visitor is not responsible for said misuse. In the case of online ordering, the visitor submits a binding bid for concluding a contractual agreement with the Organizer by initializing the purchase order via using the respective online command on the internet domain of the Organizer (summer-breeze.shop). The Organizer confirms the submission of the contractual offer online. This confirmation does not represent an acceptance of the contractual offer but is subject to reservation regarding the availability of tickets and the consideration of special circumstances (for example security aspects). The contractual agreement between the visitor and the Organizer based on the GTC laid out in this document is only concluded with shipping (if applicable electronic shipment or electronic tickets/e-tickets) or depositing of the ticket.
  3. No Right of Revocation

No right of revocation or right of redemption: according to § 312g Abs. 2 Nr. 9 BGB (German Civil Code) the visitor has no right of revocation for the purchase of a ticket, even though the Organizer offers tickets via means of distance communication in accordance with § 312c Abs. 2 BGB which might constitute a distance sales agreement within the scope of § 312c Abs. 1 BGB. This has to effect that there is no two-week right of revocation or right of redemption. Each submission of a bid for a contractual conclusion between the visitor and the Organizer, and each ordering of a ticket is thereby binding upon confirmation by the Organizer and obligates the visitor to accept and pay the ordered tickets.

  1. Adverse Health Effects by Volume

The visitor is aware about the particular levels of volume at concerts, and especially in front of the stage, and that these can have possible adverse health effects, especially hearing impairments. By providing appropriate technical equipment and adequate volume limits, as well as by selecting the individual event-sites, the organizer seeks to prevent the visitor from suffering adverse health effects caused by the volume levels of the performances. Independent therefrom, using ear protection is urgently advised if necessary, especially within close proximity to loudspeakers and loudspeaker boxes. Furthermore, it is advised to select a position in front of the respective stage during a performance that is adequate for the visitors individual hearing-habits and respective volume levels that she or he is used to.

  1. Audio, Visual, and Audio-Visual Recordings of Visitors of the Event

In compliance with Art. 6 Abs. 1 S. 1 f) DSGVO (European General Data Protection Regulation, GDPR), and within the scope of public reporting on the event, as well as for its promotion and advertisement, the Organizer, parties authorized by the organizer, or respectively authorized third parties (for example broadcasting or press), are independently allowed from one another to create visual, audio, and audio-visual recordings that might contain the visitor and display the visitor as an attendant to the respective event. According to Art. 6 Abs. 1 S. 1 f) DSGVO, said audio, visual, or audio-visual recordings can be processed, used, and presented publicly by the organizer, as well as respectively authorized third parties.

If a visitor purchases a ticket for another person, the visitor guarantees to forward the content of clause 10., as well as the clause 11. to the respective ticket holder. The regulations regarding the admissibility according to clause 12. remain intact.

  1. Cancellation or Untimely Termination of the Event.

11.1. In case of the cancellation of the event, the visitor is entitled to reimbursement of the entrance fee (excluding the advance booking charge) as long as the cancellation was culpably caused by the organizer.

11.2. The event takes place in all weathers. However, if weather conditions seem to pose a hazard or direct risk for body, life, or health of the visitors, artists, or personnel, the event will be aborted without hesitation. In that case, as wells in the event of cancellation for other reasons, including those of force majeure, cancellation due to official order, or due to judicial decision, no right of reimbursement or claims for damages of the visitor arise, unless the Organizer can be charged for deliberate intention or gross negligence.

 

  1. Transferring Tickets

12.1. The organizer reserves the right to limit the transfer of tickets for safety-related reasons, to ensure a comprehensible supply of tickets at socially responsible prices, and to prevent the resale of tickets at inflated prices, and especially to prevent ticket-price speculation.

 

12.2. The visitor explicitly undertakes to purchase and use the tickets exclusively and solely for private purpose. The purchase and acquisition for professional or commercial (meaning at a profit) resale is prohibited.

The visitor is especially prohibited from

  • offering tickets for sale at public auctions (especially on the internet)
  • reselling tickets at prices that are higher than the originally paid price. A price markup of up to 10% is admissible to compensate for resulted transaction costs.
  • passing on or reselling tickets to professional or commercial repurchasers and/or ticket-sellers
  • professionally or commercially using tickets without prior written permission by the organizer

12.3. In case the organizer notices that the visitor has violated one or more regulations of clause 13. the organizer can block the respective tickets and can prohibit the customer/visitor from entering the festival grounds, remove the visitor from the festival premises, refuse any future ticket transaction to the respective visitor, exercise the domiciliary right to ban the visitor from entering the festival premises, as well as demand an appropriate contractual penalty from the visitor for each violation of the regulation contained in clause 12. of up to 2.500,00 €. The exact amount of the contractual penalty will be determined case by case at the organizer’s reasonable discretion and shall be reviewed for its appropriateness by the responsible court in case the contractual penalty’s adequacy is debatable. The contractual penalty shall be set off against any claims for damages by the organizer due to the infringement.

12.4. A private transfer of a ticket on non-commercial grounds, especially in individual cases, due to illness, or other hindrances of the visitor, is admissible as long as this transfer does not constitute an illicit transfer according to and in the spirit of clause 12.

  1. Information

The organizer informs extensively on arrival, camping-start, evasive options, etc. in the Festival ABC which can be accessed via https://www.summer-breeze.de/de/abc/a-z. In general, the Parking- and Camping Regulations must be obeyed.

  1. Generators

Power generators are allowed on the event’s camping ground as long as they are in good order and condition, meaning especially, but not exclusively, as long as they do not lose oil of fuel. Operating power generators is allowed until 01:00 AM. 20 metric liters of additional fuel in additional tanks are allowed per car.

  1. Waste

Irregular waste disposal of all kind (especially bulk waste, furnishing, etc.) will be reported to the authorities. Garbage bags will be distributed at the festival grounds entrances free of charge. They are to be handed in at the respectively designate garbage collection areas, as marked on festival area maps.

  1. Obstruction of Emergency Personnel

The visitor’s vehicle and tent are to be parked and set up in a manner that facilitates direct access of emergency personnel and emergency vehicles to the sanitary facilities, and which rules out any possible obstruction of emergency forces. If the visitor does not comply with these regulations, the organizer reserves the right to relocate the visitor’s mislocated vehicle or tent by adequate and appropriate means at the visitor’s own risk and cost.

  1. Parking Grounds

The visitor’s vehicle is left and parked at one’s own risk. The organizer is not liable for damages caused by other vehicles, other visitors or any other third parties. The camping ground is used by the visitor’s own risk. The organizer is not liable for any damages caused by other vehicles, visitors, or other third parties. Camping is only allowed on respectively designated camping areas. The visitor must obey and follow instructions given by the respectively authorized on-site security personnel unconditionally. Camping on the surrounding meadows and fields, and on the surrounding private property is strictly prohibited. In case of violation and trespassing, the visitor has to expect the respective owners to press charges against the visitor.

  1. Camping Ground

The camping ground is exclusively accessible to visitors with valid tickets. Camping without a valid ticket is not possible! Parking without a valid parking ticket is not possible!

  1. Security

A security check by the on-site security personnel will be conducted upon entering the festival area. The security personnel are ordered, especially upon entering the festival’s infield, to conduct a body search and handbag control of each visitor. The visitor consents to these security checks.

  1. Prohibited Items

Prohibited on the entire festival premises are: glass, animals, dry ice, weapons and tools of all kind, CS-gas, pepper spray, flammable liquids, torches, pyrotechnical articles, sky lanterns, noise-producing objects, pressurized and liquidized gases and gas-containers, shirts of extreme right-wing bands, commercial and political objects of all kind, especially banners, signs, symbols, leaflets, as well as dangerous objects of all kind (https://www.summer-breeze.de/de/abc/a-z/).

  1. Domiciliary Right

The domiciliary right is exercised by the organizer, as well as the organizer’s security staff and authorized personnel. The domiciliary right, the festival grounds regulation, as well as the parking and camping regulation is in effect on the entire festival premises. Instructions given by the personnel of the organizer are to be obeyed.

  1. Program Modification

The visitor does not have any claims for compensation against the organizer in the case of substantial modification to the event’s program, such as the cancellation of individual concerts from the program, also the cancellation of so-called headlining acts, as long as the modifications remain within an appropriate scope and as long as the total character of the SUMMER BREEZE Open Air is preserved. Delays and postponements (including earlier or later, and changing stages for the performance) are to be accepted by the visitor. The organizer communicates changes immediately via www.summer-breeze.de.

  1. Protection of Minors

The legal provisions for the protection of children and young persons are in effect for every event, including the prohibition of alcohol for young persons under the age of 16, which also entails the prohibited consumption of beer or wine. Children between the age of 0 and (including) 6 years are not allowed on the festival grounds. Young persons between 7 and 16 are only granted access to the festival area when accompanied by a person with custody or their legal guardian. Young persons from the age of 16 onward and without a signed written letter of consent by a legal guardian a granted access to the festival premises until midnight. Legal guardians are required to carry a written proof of their assignment, and upon request need to present a copied version of the identity card of the person entitled to custody.

  1. Liability

24.1. The visitor attends the premises of the event at her or his own risk.

24.2. The organizer is liable within the scope of this contract for the compensation of damages or for the compensation of futile expenses caused by the organizer, his legal representatives or vicarious agents in the event of intent and gross negligence.

24.3. In the event of a slightly negligent breach of a main obligation or a secondary obligation, the breach of which endangers the achievement of the purpose of the contract or the fulfilment of which is essential for the proper execution of the contract and on the observance of which the visitor could rely (hereinafter referred to as the “essential secondary obligation”), the liability of the organizer shall be limited to contractually typical damages foreseeable at the time of conclusion of the contract. The Organizer shall not be liable for the slightly negligent breach of contractual accessory obligations which do not belong to the essential accessory obligations.

24.4. Claims due to culpable causation of damage to life, body or health, under the national product liability act (Produkthaftungsgesetz), due to fraudulent misrepresentation, due to a guarantee given by the organizer for the quality or for the procurement risk assumed by the organizer shall remain unaffected.

24.5. The aforementioned limitations of liability also apply in favor of the legal representatives and vicarious agents of the organizer.

  1. Data Protection

Further data protection provisions, including the rights of the visitor under the DSGVO and the contact details of the organiser’s data protection officer, can be found in the data protection declaration available at (https://www.summer-breeze.de/de/kontakt/datenschutz/).

  1. Applicable law

German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular of the state in which the visitor has his habitual residence as a consumer, shall remain unaffected.

  1. Place of Jurisdiction

In the event of legal disputes, the exclusive place of jurisdiction shall be the registered office of the organizer if the visitor is a businessman or the visitor is a legal person under public law or a special fund under public law, or if the visitor has no place of residence in the territory of the Federal Republic of Germany, or if the visitor moves his place of residence/possession or usual place of residence out of the territory of the Federal Republic of Germany after conclusion of the contract, or if the place of residence/seat or the usual place of residence of the visitor is unknown at the time of filing the action.

28.Severability Clause

Should one or more provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the other provisions.

 

  1. The festival ABC is an indispensable part of the GTC.
  2. Changes and additions

In the event of a change in market conditions and/or the legal situation and/or the supreme court’s jurisdiction, the Organizer shall be entitled to supplement and/or amend these GTC and/or the price list four (4) weeks in advance, provided that this is acceptable to the visitor. The respective changes shall be notified to the Visitor in writing or – if the Visitor has agreed to this form of correspondence – by e-mail. The amendments or modifications shall be deemed approved if the visitor has not objected to them in writing or by e-mail within a period of four weeks after receipt of the amendments or modifications, provided that the organizer has expressly pointed out this assumption of approval in the notice of the amendment. Any objection on the part of the customer must be addressed to the contact address mentioned in section 31.

  1. Contact

Ticket orders, queries and all matters in connection with tickets of the organizer can be addressed to the organizer via the following contact address:

 

SILVERDUST GmbH
Summer-Breeze-Weg 1
73453 Abtsgmünd,
Phone: +49 (0) 7366 – 92 00 10
E-mail: shop@summer-breeze.de
www.summer-breeze.shop

The European Union offers an online platform to which visitors can turn in order to settle consumer disputes extrajudicially. This platform can be found at http://ec.europa.eu/consumers/odr/

The organizer does not participate in a dispute resolution procedure before a consumer arbitration board (cf. § 36 VSBG).