General Terms and Conditions (hereinafter referred to as “GTC”) of 808 FAMILY, Waldstrasse 10, 51107 Cologne (hereinafter referred to as “Organizer”)
§ 1 – General terms and conditions
1.1 The following GTC apply to all business relationships between the organizer and the purchaser and/or owner of a ticket for an 808 Family Event and/or visitor to an 808 Family Event (hereinafter collectively referred to as “visitor”).
1.2 General terms and conditions of the Visitor shall not become part of the contract without the express written consent of the Organizer, even if the Organizer offers and provides its services without reservation in the knowledge of these terms and conditions.
§ 2 – Sale of tickets/ minimum age for admission
2.1 The sale of tickets for the 808 Family Event (hereinafter referred to as “tickets”) is exclusively carried out via the website www.808family.de (or its Facebook pages), the website www.808.ticket.io of ticket i/O GmbH and through the advance booking offices authorized by the organizer.
2.2 Admission to an 808 Family Event is expressly permitted only to persons who have reached the age of at least 18.
2.3 Visitors are obliged to prove their age in a suitable form (e.g. presentation of an identity card) upon request by the security staff. If a visitor refuses to provide such proof or is unable to provide such proof, the organizer is entitled to exclude the visitor from the event for the duration of the missing proof. In this case, the refund of the ticket price is excluded.
§ 3 – Sale of tickets via the Internet
3.1 For the sale of tickets via the Internet, the Organizer shall use a separate electronic ticketing system on the Internet. The general terms and conditions applicable to this must also be observed in the event that tickets are purchased via this system.
3.2 For the sale of tickets via the Internet, only so-called eTickets are currently offered. These are tickets that the visitor either downloads as a PDF file after payment or receives via e-mail from the ticket broker. A printout of the ticket is required for admission to the event. The possibility of access to the IT infrastructure required for this purpose (computer, printer, software, Internet access) is the responsibility of the visitor.
3.3 The offer to purchase a ticket via the electronic ticket system of the ticket agent on the Internet is subject to change and non-binding. Only with the order of a ticket and simultaneous confirmation of the customer to agree with the general terms and conditions of the ticket agent and, if applicable, the respective organizer, the customer submits a binding offer for the conclusion of a settlement contract. The ticket agent will immediately confirm receipt of the order to the customer by e-mail. This confirmation of receipt does not constitute a binding acceptance of the order by the ticket broker.
3.4 The offer to purchase a ticket via the electronic ticket system on the Internet is subject to change and non-binding. Only by ordering a ticket and simultaneously confirming the visitor’s acceptance of the general terms and conditions of the organizer and the provider of the electronic ticket system, the visitor makes a binding offer to conclude a contract. The ticket agent will immediately confirm the receipt of the order to the visitor by e-mail. This confirmation of receipt does not constitute a binding acceptance of the order by the ticket broker or the organizer.
3.5 If the visitor is provided with the option of downloading the ticket, the ticket broker and the organizer hereby accept the visitor’s offer of a contract for its offered services at the latest. Otherwise, the ticket broker and the organizer shall be entitled to accept the visitor’s offer of contract by sending an order confirmation by e-mail or an eTicket by e-mail within 7 days of receipt of the order, provided that this declaration of acceptance is still made in good time before the start of the respective event.
3.5 The 808 Family Events are, in particular, a service in the field of recreation provided by the Organizer at a specific time or within a precisely specified period of time. According to § 312 b para. 3 No. 6 BGB (German Civil Code), it is stipulated in this case that the statutory provisions applicable to distance contracts, in particular the right of revocation, shall not apply. Therefore, even in the case of a purchase of the ticket by means of distance selling via the Internet, there is no right of withdrawal for the visitor. An exchange or return of the tickets is not possible for this reason.
§ 4 – Organizer’s house rules – Safety and warning instructions
4.1 With purchase, the visitor recognizes the house right of the organizer and the venue. To ensure a safe event, the organizer uses security personnel. The instructions of the security personnel must therefore be followed without fail. Should a visitor fail to comply with these despite prior requests and instructions from the security personnel and, in particular, violate the following warning and safety instructions, the organizer is entitled to issue an exclusion order to the visitor and to expel him or her from the event and/or exclude him or her from future events. In this case, the visitor is not entitled to a refund of the ticket price.
4.2 The visitor to the event is aware that loud music in particular will also be played at the event, so that an increased sound level is naturally to be expected. In this respect, attendance at the event is at the visitor’s own risk. This is especially true for visitors who have corresponding pre-existing conditions (e.g., tinnitus disease). Insofar as the organizer does not grossly negligently or intentionally cause sound exposure in excess of that which is customary for corresponding events, liability on the part of the organizer for hearing and health damage or impairment of visitors due to the sound level occurring at the event is excluded.
4.3 Bringing and possessing one’s own food and beverages, narcotics, weapons, knives or other dangerous objects such as glass bottles are also strictly prohibited.
4.4 Should the security personnel detect such items on a visitor during the admission checks or during the event, the visitor must voluntarily hand over these items. Otherwise, he/she will be denied access to the event even if he/she has a valid ticket or will be expelled from the event.
4.5 The organizer assumes no liability for lost or stolen items of the visitors, unless this is due to gross negligence or intentional behavior of the organizer.
§ 5 – Image and sound recordings
5.1 Photographing, filming and making sound recordings during the event is prohibited without the express written consent of the organizer. In the event of an infringement, the organizer is in particular entitled to demand the deletion of this recording.
§ 6 – Postponement of an event/exchange of tickets
6.1 The event will take place in any weather, as long as there is no danger to life and limb of the visitors due to the weather conditions. If the event is held, a return or exchange of the ticket for a refund of the purchase price is excluded.
6.2 If the organizer has to cancel the planned date of the event due to force majeure (for example a storm or other natural phenomena), a court order or a problem with an official permit already before the start of the event for the planned date, he is entitled to move the event to another date and, if necessary, to another venue within a radius of 10 km from the original venue.
6.3 In the event of a postponement, the tickets shall remain valid for the respective alternative date. The rescheduling does not entitle the visitor to return or exchange the ticket for a refund of the ticket price. Only in the event of a final cancellation of the event, the visitor is entitled to demand a refund of the purchase price from the organizer, minus any advance booking fees and shipping costs incurred.
§ 7 – Other liability
7.1 For the rest, the organizer is only liable for damages of the visitors if (a) the organizer or one of its vicarious agents violates an essential contractual obligation (so-called cardinal obligation) in a manner that endangers the purpose of the contract or (b) the damage is due to intentional or grossly negligent conduct on the part of the organizer or one of its vicarious agents.
7.2 Insofar as the organizer or one of its vicarious agents has not violated an essential contractual obligation intentionally or through gross negligence, liability shall be limited to the damage typical for the contract and reasonably foreseeable for the organizer at the time the contract was concluded.
7.3 The liability of the organizer for damages resulting from injury to life, body and/or health, due to warranted characteristics, in the event of liability under the Product Liability Act or due to other mandatory statutory provisions shall remain unaffected by the aforementioned exclusions and limitations of liability.
§ 8 – Other provisions
8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 Should individual provisions of these GTC be or become invalid or should a provision that is necessary in itself not be included, this shall not affect the validity of the remaining provisions of these GTC. In place of the wholly or partially invalid provision or to fill the gap in the provision, a legally permissible provision shall apply which corresponds as far as possible to what the parties would have agreed in accordance with the meaning and purpose of this contract and to achieve the same economic result if they had recognized the invalidity or the gap in the provision.