General Terms and Conditions


General Terms and Conditions of Business (GTCs)
(Purchase & Event Attendance Contract)

1. Application

1.1 We, RBX GmbH i.G., Neuer Pferdemarkt 1, 20359 Hamburg, Germany, [Managing Director: Alexander Schulz; Hamburg Local Court [Amtsgericht]: registered under HRB 164222, VAT ID: DE336924086] are the organisers of the Reeperbahn Festival.

1.2 Our GTCs shall be accepted by you in full in the version applicable at the time of the conclusion of the contract and can be viewed at any time on our website at: https://tickets.reeperbahnfestival.com/gtc These GTCs regulate a) the sale of admission tickets or admission authorisations to the Reeperbahn Festival (“Tickets”) via our webshop (in particular Sections 2-4, 12-14) as well as b) access to the Reeperbahn Festival and the various venues (in particular Sections 5-14).

1.3 You can use our webshop either as a guest or as a registered customer. There is no automatic entitlement to use.

(a) Guest:
For use as a guest, you must temporarily store the data required for the purchase and shipping process. The required data must be submitted in full and must be a truthful representation of fact. After relevant processing, the data will be deleted unless otherwise required by law.

(b) Registered User:
Registration is free of charge. To register, complete our registration form in electronic format and send it to us electronically. The data required for registration must be submitted in full and must represent the truth. Registration is performed by entering an e-mail address, first and last name, address and password. However, should an additional user name be used in the future, this must not infringe the rights of third parties or other rights to names or trademarks or be contrary to accepted principles of morality. You are obliged to keep your password secret. You can change or delete your entry at any time under "My user account". You bear sole responsibility for ensuring that your respective data is up to date. You can delete your user account at any time without stating a reason. We are entitled to terminate the contract governing the use of your user account subject to a notice period of 4 (four) weeks to the end of the month and to delete your user account upon expiry of the notice period. We reserve the right to block or delete your user account at any time if we have specific grounds to believe that you are misusing your user account, for example because you are violating these General Terms and Conditions. In the event that we delete your user account however we can only delete your data after appropriate processing is completed, unless otherwise required by law.

1.3 In addition to our GTC, the domiciliary rights of the respective venues must be observed. These domiciliary rights can be viewed on site at the venues.

1.4 Both the use of our webshop and the purchase of tickets is only permitted to persons who are at least 18 years old and have full legal capacity or the explicit consent of all legal representatives.

2. Conclusion of contract; commercial resale prohibited

2.1 Our ticket offering is subject to change. You can select the desired ticket from the various ticket categories, if available, by clicking on the corresponding symbols. A maximum of 10 (ten) tickets are given per customer. By clicking on the button “confirm binding order”, you submit a binding application to purchase the tickets that are in the shopping basket. Before submitting your order, you can view and change your customer data and ticket selection at any time. However, the application can only be submitted and transmitted if you have accepted these contractual terms and conditions by clicking on the “Accept GTC” button and have thus included them in your application.

2.2 We will then send you automatic confirmation of receipt by e-mail which again sets out the details of what you have ordered, and you can print this confirmation of receipt out using the “Print” function of your e-mail programme. The automatic confirmation of receipt merely documents that we have received your order: it does not constitute acceptance of the request. Your contract offer will only be accepted if the respective tickets are actually available. If the number of tickets requested is not available or is only partially available, we will inform you of this. A contract is only concluded once we issue a declaration of acceptance, which is sent by separate e-mail or through the despatching of the ticket(s). Otherwise, no contract is deemed to have been concluded. The text of the contract (consisting of the order, GTC and declaration of acceptance) will be sent to you by us via a permanent data medium (e.g. by e-mail). The text of the contract is stored in compliance with data privacy laws. Please regularly check the ‘Spam’ folder of your e-mail inbox.

2.3 If the purchase transaction is to be made via PayPal, credit card or another payment provider (see Section 3.4 below), please follow the further menu instructions and observe the further terms and conditions of PayPal, the credit card provider or the other payment provider.

2.4 The contract shall be concluded in German. Any translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall retain precedence.

2.5 We expressly reserve the right to make price amendments, technical changes, errors, printing errors or to sell goods subject to prior sale.

2.6 The commercial resale of tickets is generally prohibited
unless otherwise agreed with us in writing.

2a. Impact of COVID-19 on the Reeperbahn Festival 2022

2a.1 The spread of the SARS-CoV-2 virus (COVID-19 pandemic) has led to considerable restrictions imposed on public life and the economy in Hamburg. Various general rulings and event bans led to a large number of all the planned events in Hamburg being cancelled in recent months. In view of the increasing vaccination rate as well as the current and possibly extended relaxation of the present general rulings and prohibition orders, we have decided to hold the Reeperbahn Festival again in 2022. We would like to point out, however, that the situation remains fluid (e.g. through new virus variants) and can still to change from day to day. We do not know what the situation will be in terms of infection on the date that the festival is due to start in Hamburg. However, we are making every effort to devise a festival schedule that is adapted to the specific situation. Both the City of Hamburg and the Federal Republic of Germany support us in implementing the holding of the festival in the appropriate way. Please note that you are expected to keep up to date with the current status of official guidelines and recommendations aimed at preventing the transmission of the SARS-CoV-2 virus and to comply with all recommendations and requirements issued by the relevant authorities.

2a.2 We will make every effort to ensure the Reeperbahn Festival takes place, even under adverse circumstances.

We explicitly point out that the COVID-19 virus can lead to

(a) changes in the Festival’s programme (incl. at short notice), including the cancellation, abandonment or postponing of individual concerts,
(b) the cancellation, abandonment or postponing of the entire Reeperbahn Festival,
(c) further access restrictions, both on account of official or court orders and in the event of “3-G” access restrictions [i.e. attendees must prove to us that they are fully recovered/vaccinated/in possession of a negative PCR or antigen test result received max. 24 hours before access)] / “2-G” access restrictions (i.e. attendees must prove to us that they have fully recovered from/are vaccinated against COVID-19

)

In this respect, you must be aware that any concerts may be cancelled, abandoned or rescheduled and/or that the spatial capacity may be reduced due to possible anticipated social distancing regulations requiring your compliance. In this respect, you shall declare that you are aware of this risk and waive any claims for reimbursement or (other) damages against us, unless a charge of intent or gross negligence relating to the reason for the cancellation/rescheduling can be attributed to us. In the event of access limited due to official COVID-19 restrictions (e.g. reduction of spectators at certain venues) or due to 3-G / 2-G access restrictions imposed by us, the preceding sentence here shall apply accordingly. However, in the event that we impose a 2-G access rule, we will refund you the relevant ticket price.

2a.4 If you are in any of the groups of people described below, you may not attend our event - even if you have legally purchased a ticket - and we may refuse you admission accordingly:

- persons exhibiting symptoms of COVID-19 (e.g. new persistent cough, fever/high temperature, loss of sense of taste or smell);
- persons who have exhibited the above symptoms in the 14 (fourteen) days prior to the event;
- persons who have been instructed by a competent authority to self-isolate;
- if, in the event that we choose a 3-G/2-G access policy, you refuse to submit your COVID-19 status or do not provide proof of your status.

2a.3 In order to enable contact tracking and to prevent the further spreading of COVID-19, we reserve the right to collect corresponding data (e.g. first name, last name, telephone number, address). If we decide to collect such data or are requested by the competent authority to collect such data, the collection of such data constitutes a precondition for accessing the festival. By concluding the contract, you thereby agree to the collection of data as well as to any forwarding of this data to the competent authority. If we are unable to collect full and truthfully representative data from you, we are entitled to deny you admission – without refunding any tickets.

3. Price; Shipping costs; Payment; Shipping; Print@home

3.1 All prices stated on our website include any advance booking fee, service fee and the applicable statutory value-added tax (VAT).

3.2 The corresponding shipping costs, in cases where shipment is to take place, will be shown to you during the ordering process and must be paid by you.

3.3 The prices and shipping costs are due upon conclusion of the contract.

3.4 Payment can be performed via various payment methods:

- “PayPal”:
You can find more information about "PayPal" at: https://www.PayPal.com/
The respective general terms and conditions of “PayPal” (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full) also apply to payment by "PayPal", to which reference is hereby made.

- Prepayment:
Before completing your order, select the “Prepayment” payment method. You then transfer the relevant purchase amount to the account notified to you by us in the e-mail containing the order confirmation. Delivery of the ordered ticket(s) will take place after payment is received.
Important: When performing your payment transfer, please ensure you state the reason for payment given in the e-mail confirming your order so that we can match the receipt of payment to your order.
- Credit cards (via SIX)
Payment processing for credit card payments is handled by SIX Payment Services Ltd. The respective general terms and conditions of SIX Payment Services Ltdalso apply, to which reference is hereby made. You can find more information here: https://www.six-payment-services.com/

3. The ticket(s) will be shipped via the shipping method you have selected. We bear the shipping risk if you are a consumer; otherwise the shipping risk lies with you.

3.6 If you purchase your ticket as part of a print@home procedure, you will be entitled to print out your ticket yourself upon conclusion of the contract, receipt of payment and subsequent activation. In this respect, you are responsible for the proper printout and readability of the corresponding barcode or QR code. The ticket can be printed out several times, but the unique, distinctive barcode or QR code assigns access to one person – regardless of the number of printouts.

4. No right of withdrawal for ticket purchases

In the case of the sale of tickets or access authorisations for leisure activities such as attending concerts and festivals, there is no right of revocation pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB).

5. Access

5.1 The Reeperbahn Festival takes place at various venues in the city of Hamburg (clubs, alternative locations, open-air venues, pubs, etc.) near the Reeperbahn. Admission to the individual venues is only allowed with a valid, intact admission authorisation (e.g. called a wristband).

5.2. On entering the venues, appropriate verification checks will be carried out by security staff. These checks may also be carried out on a random basis during the event in order to ensure safety at the event. You shall agree to these measures in this respect. If you refuse to hand in any objects which, in our reasonable opinion, may cause danger or disturbance to the artists and/or others attending the event, or which are not permitted under Section 5.6 and/or the domiciliary rights or house rules of the venue, we may deny you access as a visitor to the festival or individual venues.

5.3. We reserve the right to refuse your admission to the festival premises or to individual venues on the grounds of good cause. Admission or (re-)admission may also be refused in the event of unpunctual or late arrival at or departure from the respective venue.

5.4 The spatial capacity of the individual venues is limited. Therefore, a ticket for the Reeperbahn Festival only grants access to a specific venue up until the capacity of the respective venue is reached. Punctual attendance is therefore strongly recommended. Any instructions issued by the stewards must be followed.

5.5 The admission tickets entitle the holder to use the Hamburger Hochbahn AG public transport system on the respective day of the event for one journey to the venue and back on HVV rings A to F, including the express bus. (Subject to change by HVV, valid as of: September 2021). We are not liable for the maintained operation of the transport system during the festival period. The ticket (or a worn, undamaged wristband) must be shown at ticket inspections. When using public transport, the rules and regulations stipulated by Hamburger Hochbahn AG must be observed.

5.6 Non-permissible objects at the festival include, but are not limited to:

- any containers such as backpacks, rucksacks and suitcases measuring more than 44 cm high x 37 cm wide x 30 cm deep (approx. DIN A4);
- Drinks and liquids of any kind;
- Glass, helmets, masks (with the exception of commercially available face coverings used as a hygiene measure) or other disguises;
- Firearms, cutting weapons, stabbing weapons and other weapons of any kind;
- Saws, axes, hatchets and similar tools;
- Fireworks, sparklers, star throwers and other pyrotechnic objects of all kinds (including “Bengal fire” pyrotechnic flares);
- Chairs, seating furniture and seating objects (e.g. polystyrene cubes);
- RECORDING EQUIPMENT: professional sound, photo and video equipment is prohibited;
- Notebooks/laptops, tablets, computers, laser pointers, other electronic devices with the exception of mobile phones, 35-mm cameras, watches;
- Bulky items of all kinds, e.g. ladders, chairs, flagpoles, umbrellas, camping equipment, selfie sticks;
- Drugs and illegal substances of any kind;
- Gas bottles, deodorant spray, hair spray;
- Drums, vuvuzelas and other mechanical or electronic noise-generating devices;
- Texts, images and other materials with discriminatory, degrading, obscene, pornographic and/or racist content, or which reveal backgrounds or motives that violate the personal rights of third parties.

6. Domiciliary rights; rules of conduct; photography and filming

6.1 The domiciliary rights of the Reeperbahn Festival and the respective venues are exercised by us, the operators of the respective venues as well as the relevant order and safety personnel. Any instructions issued in these regards must be followed.

6.2 At all times when attending events throughout the entire festival, you are strictly forbidden from:

- committing physical violence against other visitors, our staff, the staff of respective venues or other third parties,
- throwing objects at or on to the stage or at other visitors,
- climbing onto the stage or similar actions, stage diving, crowd surfing or similar activities,
- urinating or defecating outside the designated toilets,
- painting, spraying or defiling structural facilities, walls, objects, property, etc,
- trading commercially without our prior written consent,
- entering areas and rooms not open to visitors.
- Photography is only permitted for private use with 35-mm cameras and mobile phones. The personal rights of third parties must be protected at all times. The production of film or sound recordings of any kind and their publication online or offline without our prior written consent are prohibited.
- It is forbidden to act in violation of the respective hygiene regulations and/or the corresponding instructions issued by order and safety personnel.

6.3 If you violate the rules of conduct of these General Terms and Conditions (in particular the rules of conduct according to Sections 6.1 and 6.2 of these General Terms and Conditions), you can be expelled from the respective venue and banned from the premises. In these cases, your ticket for the entire Reeperbahn Festival will also lose its validity and the ticket price will not be refunded.

7. Liability

7.1 Claims for damages are excluded. Exceptions to this are claims for damages arising from injury to life, limb or health or from the violation of essential contractual obligations as well as liability for other damages based on wilful or grossly negligent breach of duty by us. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a violation of essential contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it is a claim for damages arising from injury to life, body or health. The above restrictions also apply in favour of our legal representatives and vicarious agents, insofar as claims are asserted directly against them.

7.2 We further accept no liability for lost or damaged items belonging to visitors, such as items of clothing, bags, balls and equipment.

7.3 If you have culpably caused damage (e.g. to third parties such as spectators, musicians, crew, etc.), you shall indemnify us against all claims which these parties assert against us as a result of your conduct and you shall also bear any legal defence costs incurred in this respect in the statutory amount. In the event of a claim, you shall undertake to immediately provide us with all information (truthfully accurate and in full) where this is necessary for an examination of claims and a defence.

8. Cancellation of an event

The Reeperbahn Festival will be held in all weather conditions; however, should the weather conditions prompt fears of danger to life, limb or health for visitors, artists or staff, individual concerts of the Reeperbahn Festival or the entire Reeperbahn Festival will be cancelled with immediate effect. In this case, as well as in the event of the cancellation of individual concerts and/or the whole Reeperbahn Festival for other reasons of force majeure, due to official directives or court decisions, there shall be no claim for reimbursement or damages, unless a charge can be made against us of intent or gross negligence in respect of the reason for the cancellation.

9. Programme changes

One ticket entitles you to attend a wide range of concerts and events. In the event of changes to the programme, the cancellation of individual concerts, the removal of individual venues or concerts from the programme, you shall have no right of claims against us, provided that the overall character of the festival is maintained in accordance with these General Terms and Conditions. Delays and postponements of individual events on the festival schedule are to be accepted within the scope of the holding of the Reeperbahn Festival. We will immediately post notification of any changes on www.reeperbahnfestival.com.

10. Health impairment due to sound volume/noise

You shall be aware that the Reeperbahn Festival is particularly loud in front of the stages and that there is a risk of possible damage to health, especially to hearing. We take precaution to ensure that you are not harmed by the sound level of the concerts through the use of suitable technical equipment, volume control and the selection of individual venues. However, irrespective of this, it is strongly recommended to use earplugs, especially when near the loudspeakers, as well as to choose a place in front of the respective stages that is favourable to individual listening preferences.

11. Right to ones own image

Both we and third parties commissioned by us are entitled to produce image, sound and video recordings of you in the course of the events of the festival without remuneration for the persons depicted and to use these recordings or have them used comprehensively in any way in all currently known and future media, in particular but not exclusively for reporting, for advertising the Reeperbahn Festival, for acquiring sponsors and for all other business activities of the Reeperbahn Festival and the companies associated with it. All rights may also be transferred to third parties for the above purposes. By entering the festival premises, you consent to such recordings being made and used for the aforementioned purposes without compensation.

12. Data protection

In dealing with your personal data, we adhere to all the provisions of the of the German Data Protection Regulation (DSGVO), the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) and the German Telemedia Act (Telemediengesetz - TMG) and are entitled to collect, process and use all data relating to the business relationship with you in compliance with these laws.

Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in our data privacy policy at https://tickets.reeperbahnfestival.com/datenschutz

13. Applicable law; Miscellaneous

13.1 The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods in the case where

(a) you are ordinarily resident in Germany, or

(b) you are ordinarily resident in a country that is not a member of the European Union.

13.2 In the event that you are ordinarily resident in a member state of the European Union, the applicability of German law shall also apply, notwithstanding mandatory provisions under the law of the country in which you ordinarily reside.

14. Jurisdiction Online Dispute Resolution; Alternative Dispute Resolution

14.1 If, at the time the contract was concluded, you had your domicile or usual place of residence in Germany and have either moved away from Germany at the time we file a lawsuit, or your domicile or usual place of residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Hamburg.

14.2 The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/.

14.3 We are not obliged or willing to participate in any dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz - VSBG).

15. Severability clause

Should individual provisions of this contract be invalid, this shall not affect the rest of the contract.


Valid as at: September 2021
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