GENERAL TERMS AND CONDITIONS
General Terms and Conditions for 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: email@example.com. Managing director: Achim Ostertag, Ulm District Court HRB 501425
2. Validity of General Terms and Conditions
2.1. These Terms and Conditions apply to the purchaser of a festival ticket (“patron”) and the organizer. Through the purchase of a festival ticket, the patron enters an event contract which gives him the right of attendance. When buying several festival tickets, the buyer represents the rest of patrons, and the organizer enters a contract with each of the patrons regarding their attendance to the event. Tickets are excluded from exchange or return.
2.2. Every patron acknowledges their rights and obligations contained in these Terms and Conditions, as well as the parking and camping regulations and the Festival ABC.
3. Festival site
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.
4. Admittance; access control; camping; parking ticket
4.1. 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. The festival ticket must be presented when first entering the festival site. Patrons 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.
4.2. When accessing the festival site a security control may be carried out.
4.3. The organizer reserves the right to deny admittance to the festival site to a patron for an important reason. Important reasons include, but are not limited to carrying dangerous items, being in an evident state of alcoholic intoxication, being under the evident influence of drugs, and showing an openly homophobic, sexist, racist or inhuman stance. 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.
4.4. A valid festival ticket gives the right to camping on the designated areas from 14.08.2019 at 10:00 without extra charge. Parking is subject to an extra fee per car, which has to be paid on site. Road traffic regulations apply on the whole festival site. The site must be vacated by Sunday, 18.08.2019 at 14:00 at the latest.
5. Property rights; rules of behaviour; photographing and filming
5.1. The organizer and his security personnel exercise property rights. The personnel’s instructions must be followed at all times.
On the festival site, patrons must not:
– carry dangerous items;
– exercise physical violence against other patrons, organizer’s personnel and other third persons;
– trade with, market or advertise goods without the organizer’s written consent;
– enter areas and rooms that are not free to access for patrons.
5.2. 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.
5.3. Patrons 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 offense, they will immediately be expelled from the festival site and reported to the police without warning.
5.4. Should the organizer expel a patron 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.
6. Ticket price
The ticket price can be found in the current price list.
7. Email orders
The Summer Breeze website does not contain an offer of contract, but purely an invitation to the visitor to make an offer.
8. No right of withdrawal
There is no right of withdrawal for customers, or the customer’s right of withdrawal might expire in the following contracts:
Contracts for the rendering of services in connection with leisure activities, when the contract includes a specific time or time period for the rendering of said services (§ 312g para. 2 sentence 1 nr. 9 German Civil Code). This means, as long as the organizer is offering services in connection with leisure activities, especially event tickets, there is no right of withdrawal.
9. Damage to health through sound level
The patron is aware that there is a high level of sound, 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 patron does not suffer any damage due to the sound level of the musical performances. However, the use of earplugs is strongly recommended nevertheless, 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.
10. Right to person’s image
The organizer and commissioned third parties have the right to record images, sound and video of patrons 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 the organizer, for acquisition of sponsors and any other business activities of the organizer and related companies. All rights may also be transferred to third parties for the aforementioned purposes.
11.1. Should the event be cancelled, patron has a right to refund (excluding pre-sale fee), as long as the cancellation was culpably caused by the organizer.
11.2. The event will take 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.
12. Ticket transfers
12.1. Organizer may limit the transfer of tickets for security reasons, in order to guarantee a supply of tickets at socially acceptable prices and to prevent the resale of tickets at inflated prices, especially to prevent ticket speculation.
12.2. Patron pledges to purchase and use tickets for private purposes only. The purchase of tickets for commercial resale (i.e. making a profit) is prohibited. Patron must not
a) offer tickets for sale in public auctions (especially on the internet),
b) transfer tickets for a higher price than their face value. A 10% mark-up to compensate transaction costs is admissible,
c) divest or transfer tickets to commercial resellers and/or ticket touts;
d) use tickets for commercial purposes without organizer’s prior written consent.
12.3. Should the organizer establish that the patron has infringed one or several of the rules in number 12, the organizer may block the corresponding tickets and either … deny patron access to the festival site or expel them, deny future purchase of tickets of any kind, ban patron from the event, as well as demand payment of an appropriate contract penalty of up to €2,500.- for every breach of number 12. The exact amount of each contract penalty will be determined by the organizer at his own discretion in an individual case, or its appropriateness will be examined by the competent court of law in case of litigation. The contract penalty is to be credited against any damage claims.
12.4. The private transfer of a ticket for non commercial reasons, be it patron’s illness or other kind of indisposition, is allowed as long as none of the cases of prohibited transfer detailed in number 12 are present.
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.
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.
Unlawful disposal of garbage (especially bulky refuse, furniture, etc.) will be reported to the authorities. Garbage sacks will be handed out at the entrance and at the shower stations free of charge. These are to be taken to the designated refuse collecting stations marked on the site map.
16. Obstructing emergency access
Patrons 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.
17. Parking area
Parking of a motor vehicle is at driver’s risk. The organizer is not liable for damage caused by other vehicles, other patrons 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.
18. Camping area
The campsite is reserved for ticket holders only. Camping without a valid festival ticket is not permitted!
19. When accessing the festival site a security check will be carried out. The security personnel is instructed to conduct a clothes and bag search on all patrons when accessing the infield. Attendants declare their conformity with this procedure.
20. Prohibited items
The following items are prohibited on the entire festival site: glass, animals/pets, dry ice, weapons and tools of all kinds, CS gas, pepper spray, flammable liquids, torches, pyrotechnic items, sky lanterns, noise-generating items, compressed and liquid gas, merchandise of nazi bands, commercial and political items of all kinds, including banners, posters, symbols or flyers, as well as dangerous items of all kinds.
21. Property rights
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.
22. Changes to the program
In case of changes to the program, the cancellation of single concerts in the program, including those of so called headliners, patrons 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. Patrons shall accept delays and schedule changes for single concerts in the program. Any changes will be immediately communicated by the organizer on www.summer-breeze.com.
23. Protection of minors
At every event the German Law for the Protection of Minors applies. This includes the prohibition of alcohol consumption for youths under the age of 18, including the consumption of alcoholic mixed drinks (“alcopops”). 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 on request.
24.1. Should there be a legal or contractual liability within the scope of application of this contract, the organizer is liable for compensation for damage or loss of futile expenses caused by the organizer, their legal representatives or assistants in case of intent and culpable negligence.
24.2. In the event of slightly negligent breach of a major obligation or an accessory obligation whose breach jeopardises the achievement of the purpose of the contract, or whose fulfillment is essential for the due implementation of the contract and the patron could rely on (hereinafter called “essential accessory obligation”), the organizer is only liable for damages that are typical for the contract and foreseeable at the time of entering the contract. The organizer is not liable for slightly negligence breach of accessory obligations that are not essential.
24.3. Claims for culpable damage to life, body or health, under the Product Liability Act, for willful deceit, due to a guarantee for the quality assumed by the organizer, remain unaffected.
24.4. The above mentioned limits to liability also apply to the organizer’s legal representatives, employees and vicarious agents.
25. Applicable law
German law shall apply exclusively, excluding UN sales law. Legal provisions regarding the limitation of the choice of law and the applicability of binding legislation, especially of the State in which the patron usually resides as customer, remain unaffected.
26. Court of jurisdiction
In the event of litigation, the exclusive court of jurisdiction is the organizer’s domicile, if the patron is a trader or if the patron is a legal entity under public law or a special fund under public law or if the patron does not reside in the Federal Republic of Germany or if the patron has taken up residency or place of residence abroad after entering this contract or if the patron’s place of residence is unknown at the time of the institution of legal proceedings.
27. Should one or more of these Terms and Conditions be invalid or become invalid, as a whole or in part, the validity of the remaining Terms and Conditions remains unaffected.
28. The Festival ABC is an essential part of these General Terms and Conditions.
29. The organizer reserves the right to change the General Terms and Conditions at any time.