Terms

General Terms and Conditions (with legal information)

Kulturpark e.V. (hereinafter "Organizer") organizes the festival OSTEN - WELT WEIT WOLFEN. The following General Terms and Conditions apply to events within the framework of the festival (hereinafter referred to as "events").

1. General

1.1 These General Terms and Conditions (hereinafter: "GTC") apply to the purchase and/or use of tickets for events on site as well as to the organization of and attendance or participation in the respective event.

1.2 When purchasing tickets for an event from an official ticket partner of the organizer (online or on site), the General Terms and Conditions of the official ticket partner through which the respective ticket is purchased shall apply in addition to these GTC. The ticket partner is Eventfrog AG ((hereinafter: "Eventfrog"), whose General Terms and Conditions can be viewed at https://eventfrog.de/de/agb.html?mtm_campaign=sub-footer-agb.

2. Purchase of tickets

2.1 Tickets can only be purchased from the organizer, e.g. at the box office or at an advance booking office, and the ticket partner Eventfrog. Tickets that are still available can be purchased at the box office, which generally opens one hour before the start of the event.

2.2 The organizer is entitled to limit the number of tickets that each customer can purchase. The maximum limit will be communicated or displayed to the customer before the order is placed. If the number of tickets ordered by a customer exceeds the communicated limit, the organizer may have the customer's orders that exceed the specified limit canceled.

2.3 If the ticket is purchased via the ticket partner Eventfrog, the purchase of tickets is primarily governed by the contractual conditions of Eventfrog https://eventfrog.de/de/agb.html?mtm_campaign=sub-footer-agb.

2.4 When purchasing tickets via the organizer's web store at Eventfrog, the customer can choose from the organizer's events. The presentation and advertising of events in the webshop does not constitute a binding offer to conclude a contract.

The following also applies to the purchase of tickets:
2.4.1 The offer to conclude a contract is made by the customer as soon as he/she has clicked on the button "order with obligation to pay" or a clearly labeled button in accordance with § 312 j para. 3 BGB. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his/her application.

2.4.2 Eventfrog will confirm receipt of the order immediately by sending an automatically generated email (confirmation of receipt). This does not constitute acceptance of the purchase offer. The acceptance of the contract and delivery conditions depend on the selected payment method and type of product (hard ticket, print at home), seehttps://eventfrog.de/de/agb.html?mtm_campaign=sub-footer-agb.

2.4.3 If it is not possible to deliver the tickets ordered, for example because the corresponding tickets are not available, the organizer will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. The organizer will inform the customer immediately and refund any payments already received without delay.

2.5 In the case of orders that are not placed with a ticket partner (e.g. Eventfrog), the contract is concluded at the time the ticket is sent or handed over at a point of sale.

2.6 The Customer may receive the tickets ordered by mail or by printing them out himself/herself (print-at-home method). The:customer:customer will be informed of the ticket delivery options provided by the organizer for the respective event before purchasing the respective ticket. The ticket provision options may be restricted for certain events.

2.6.1 The purchased tickets must be checked immediately by the customer with regard to the desired number, price, date, event and venue. Later complaints cannot be accepted.

2.6.2 If shipping of the ticket to the customer is agreed when the order is placed, shipping costs may be charged. These additional costs will be displayed or communicated to the Customer at the time of ordering.

2.6.3 If the print-at-home procedure is used, a printout of the ticket transmitted electronically to the customer will be made directly at the customer's premises. The customer shall print out the ticket in unchanged size on white paper using a suitable printer. The client is aware that it is his/her responsibility to have all the necessary technical equipment to receive and print the ticket.

2.6.4 For events selected by the organizer, it is also possible for tickets to be sent to the customer's smartphone in electronic form ("mobile ticket"). The customer is aware that it is his/her responsibility to have all the necessary technical equipment required to use the cell phone ticket.

2.7 Each ticket entitles the holder to participate in the respective event only once. It is expressly prohibited to reproduce or modify a ticket in digital or printed form contrary to its intended use. If multiple copies or repeated printouts are detected by the organizer, the organizer is entitled to deny access to the event.

The customer must take all reasonable measures to prevent the duplication of tickets by third parties. The organizer reserves the right to demand compensation for any damages resulting from the duplication from the customer whose ticket has been duplicated without authorization due to his/her fault.

3. Ticket prices

3.1 The ticket prices shown in the web stores or at the points of sale are valid. The prices quoted include statutory VAT and other price components and do not include shipping costs. Any fees for a means of payment are shown separately. You will be informed of the respective shipping costs on the product pages, in the shopping cart system and on the order page.

3.2 Reduced admission prices are granted on all available tickets for the following persons, unless otherwise stated: recipients of ALG-II, refugees and holders of a Sparling Ticket, children and young people up to 18 years of age or pupils, trainees and students up to 29 years of age, pensioners, visitors with a severely disabled pass (free admission for accompanying persons with a B mark).

Proof of eligibility for the reduced prices must be provided when purchasing the tickets and when attending the event by presenting the relevant original documents. If the entitlement cannot be proven when attending the event, the difference to the regular admission price must be paid subsequently.

4. Passing on tickets

4.1 Tickets are sold exclusively for private use. In particular, it is prohibited to
a) to offer the tickets in internet auctions;
b) to sell the tickets commercially;
c) to use the tickets for the purposes of advertising, marketing

advertising, marketing, as a bonus, promotional gift, prize or as part of an unauthorized hospitality or travel package.

4.2 If a ticket is used for the aforementioned unauthorized purposes, it loses its validity. In this case, the organizer is entitled to block the ticket and refuse the customer admission to the event without compensation and without reimbursement of the purchase price. Further claims for damages remain unaffected by this. The organizer also reserves the right to exclude persons who violate the aforementioned prohibitions from purchasing tickets in the future.

5. Return, exchange, revocation

5.1 The return and exchange of tickets is generally excluded. Tickets lost or destroyed by the customer will not be replaced or refunded; this also applies to tickets lost in transit.

5.2 Pursuant to Section 312 g (2) No. 9 of the German Civil Code (BGB), consumers are not entitled to a right of withdrawal for contracts for the delivery of event tickets if the contract provides for a specific date or period. It is therefore expressly pointed out that there is no statutory right of withdrawal for consumers for the tickets sold here and that this is also not granted by contract.

The conclusion of a binding contract therefore obliges the customer to accept and pay for the tickets ordered.

6. Cancellation, postponement, program changes

6.1 The right to change the cast and program is reserved and does not entitle the customer to return the tickets. In the event that an event is canceled, the ticket price will be refunded minus the shipping costs, if the tickets were sent by post. Any further claims are excluded. Refunds are generally made by bank transfer if the tickets are sent to the organizer within 6 weeks of the planned event, stating the bank details.

6.2 The ticket price will not be refunded if an open-air event has to be moved to a hall, if there are visual obstructions, or if an event is canceled or has to be terminated prematurely due to force majeure. A force majeure event is any event beyond the control and foreseeability of the organizer that arises after the conclusion of the contract or only becomes known subsequently and which cannot be prevented by the organizer, or cannot be prevented in good time, even if the organizer exercises the utmost care and all economically and technically reasonable means. Events of force majeure include, in particular, natural disasters, war, terrorist attacks, sovereign orders, strikes or comparable events. The special provisions in section 10 apply to any restrictions resulting from the measures taken in connection with the coronavirus.

7. Events on site

7.1 Access to on-site events is only permitted to ticket holders.

7.2 The organizer and any security personnel employed by the organizer are entitled to check the authorization of the ticket holder and to identify the ticket holder in order to prevent ticket black markets. To prove their identity, ticket holders must present a suitable identification document, such as an identity card, upon request.

7.3 Upon admission to the event, the organizer will check and validate the tickets. The ticket holder will also carry the ticket with him/her during the event. As soon as the ticket has been used for admission for the first time, there is no entitlement to re-admission with this ticket.

7.4 In order to ensure that the event runs smoothly, the Ticket Holder is obliged to take the seat to which he/she is entitled on the basis of the admission ticket and to switch off signal functions on cell phones and other electronic devices before the start of the event. Ticket holders arriving after the specified start time of an event are no longer entitled to the seat they have purchased. Later admission is only possible if this does not disrupt the event. In such cases, there is no entitlement to a refund of the ticket price.

7.5 The organizer exercises domiciliary rights in its venues. It is entitled to ban or expel persons from the premises or to take other appropriate measures within the scope of its domiciliary rights. In particular, Ticket Holders may be expelled from events if they disrupt them, harass other Ticket Holders or have violated the General Terms and Conditions in any other significant way. This may be the case, for example, if ticket holders commit crimes at the event venue or otherwise endanger employees of the organizer or other ticket holders. If the organizer makes justified use of its right of exclusion, the ticket loses its validity. The ticket holder is not entitled to re-admission or a refund of the purchase price paid for the ticket. Admission may be denied if there is reasonable suspicion that the Ticket Holder will disrupt the event or cause a nuisance to other Ticket Holders.

7.6 The Ticket Holder is prohibited from carrying items that are in breach of contract at the events. Among other things, the following items are prohibited: weapons or comparable dangerous objects, bottles of all materials, cans or other containers made of fragile, splintering or particularly hard material, laser pointers, bulky objects, drinks and food brought along, illegal drugs, animals.

8. Sound, photo and film recordings

8.1 For copyright and ancillary copyright reasons, any audio, photographic and film recordings by the ticket holder, including for private use, are strictly prohibited. Violations are punishable under copyright law and may result in claims for damages.

8.2 In the event of violations, the admission staff is entitled to confiscate recording devices and cameras and retain them until the end of the performance. Recording devices on which parts of the performance are recorded will only be returned to ticket holders if they have agreed to the prior deletion of the recordings.

8.3 The organizer is entitled to record events even without prior notice, in particular on image, sound and film carriers, and to publish them, as well as to take photographs and make recordings at events at the venue, in particular in the auditorium. The organizer may film, live-stream and photograph the event and make audio and audiovisual recordings of it.

By entering the event venue, the Ticket Holder agrees to the possibility of his/her person being photographed and recorded as part of the event and to the usual and appropriate utilization without remuneration.

9. Checkroom

9.1 The Organizer is not obliged to provide checkrooms.

9.2 If the organizer offers a checkroom, the ticket holder may only hand in checkroom items (e.g. coats, jackets, umbrellas, large bags, rucksacks) in exchange for a checkroom token.

9.3 Upon presentation of the respective checkroom ticket, the Organizer's service staff will hand over the checkroom items without further verification of actual entitlement. The loss of or damage to checkroom items and the loss of a checkroom ticket must be reported immediately to the checkroom staff.

9.4 Cloakroom items can only be handed out without a checkroom ticket if it can be credibly demonstrated that the ticket holder is the authorized recipient. In this case, the organizer may record the personal data of the customer before handing over the checkroom item. If the checkroom ticket is lost, an appropriate monetary compensation may be demanded.

10. Liability

10.1 The organizer is liable to the customer and the ticket holder in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.

10.2 The organizer shall only be liable for property damage and financial loss caused by negligence in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer or ticket holder may regularly rely (so-called cardinal obligations or essential contractual obligations). In these cases, the liability of the organizer is limited to compensation for foreseeable and typical damages. In all other cases, the liability of the organizer is excluded, subject to the provision in section 11.3.

10.3 The liability of the organizer for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

11. Data protection

The organizer collects and stores the data of customers and ticket holders necessary for the business transaction. When processing personal data, the organizer observes the statutory provisions. The privacy policy of the organizer and the ticket partner https://eventfrog.de/de/datenschutzerklaerung.html?mtm_campaign=sub-footer-dse applies

12. miscellaneous

Please note that accessibility cannot be guaranteed for all events. The ticket holder must therefore obtain information about accessibility before purchasing a ticket.

13. Final provisions

13.1 Contracts between the organizer and the customer and the ticket holder shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and excluding the provisions of private international law. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer or ticket holder has his/her habitual residence as a consumer, remain unaffected. The language available for the conclusion of the contract is exclusively German.

13.2 The place of performance and exclusive place of jurisdiction for all claims between the Organizer and merchants or legal entities under public law or special funds under public law shall be Bitterfeld-Wolfen, unless mandatory statutory provisions provide otherwise.

13.3 Should any of the above provisions be invalid or excluded by a special agreement, this shall not affect the validity of the remaining provisions.

13.4 The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. The organizer is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Sandersdorf-Brehna, April 5, 2024