General Terms and Conditions of 808 FAMILY
General Terms and Conditions (hereinafter referred to as “GTC”) of 808 FAMILY, Waldstrasse 10, 51107 Cologne (hereinafter referred to as “Organizer”)
§ 1 – General information on the GTC
1.1 The following GTC apply to all business relationships between the Organizer and the purchaser and/or holder of an admission 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 conditions.
§ 2 – Sale of admission tickets/ minimum age for admission
2.1 Tickets for the 808 Family Event (hereinafter referred to as “tickets”) are sold exclusively 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 only permitted to persons who are at least 18 years of age.
2.3 Visitors are obliged to prove their age in a suitable form (e.g. presentation of an identity card) when requested to do so by security staff.
If a visitor refuses to provide such proof or is unable to present such proof, the organizer is entitled to exclude the visitor from the event for the duration of the missing proof.
In this case, the ticket price will not be refunded.
§ 3 – Sale of admission tickets via the Internet
3.1 The Organizer uses a separate electronic ticket system on the Internet to sell tickets via the Internet.
The General Terms and Conditions applicable to this system must also be observed if tickets are purchased via this system.
3.2 Only so-called eTickets are currently offered for sale via the Internet.
These are tickets that the visitor either downloads as a PDF file after payment or receives by e-mail from the ticket agent.
A printout of the ticket is required for admission to the event.
The visitor is responsible for accessing the necessary IT infrastructure (computer, printer, software, internet access).
3.3 The offer to purchase a ticket via the ticket agent’s electronic ticket system on the Internet is subject to change and non-binding.
Only by ordering a ticket and simultaneously confirming that the customer agrees to the general terms and conditions of the ticket agent and, if applicable, the respective event organizer, does the customer submit a binding offer to conclude a processing 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 agent.
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 that the visitor accepts the general terms and conditions of the organizer and the provider of the electronic ticket system does the visitor submit a binding offer to conclude a contract.
The ticket broker will immediately confirm 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 event organizer.
3.5 If the visitor is provided with the option of downloading the ticket, the ticket agent and the organizer hereby accept the visitor’s offer to enter into a contract for their offered services at the latest.
Otherwise, the ticket agent and the organizer are entitled to accept the visitor’s offer to enter into a 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 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 leisure activities, which the organizer provides at a specific time or within a precisely specified period.
According to § 312 b Abs.
3 No. 6 BGB (German Civil Code), the statutory provisions applicable to distance selling contracts, in particular the right of withdrawal, do not apply in this case.
Even if the ticket is purchased by means of distance selling via the Internet, there is therefore no right of withdrawal for the visitor.
For this reason, the tickets cannot be exchanged or returned.
§ 4 – House rules of the organizer – Safety and warning notices
4.1 Upon purchase, the visitor recognizes the house rules of the organizer and the venue.
The organizer deploys security personnel to ensure a safe event.
The instructions of the security personnel must therefore be followed at all times.
If a visitor does not comply with the instructions of the security personnel despite prior requests and instructions from the security personnel and in particular violates the following warnings and safety instructions, the organizer is entitled to expel the visitor from the event and/or exclude him/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 be played at the event, so that an increased noise level is naturally to be expected.
Visitors attend the event at their own risk.
This applies in particular to visitors with pre-existing conditions (e.g. tinnitus).
Unless the organizer is grossly negligent or intentionally causes a sound exposure exceeding the usual sound exposure for such events, the organizer shall not be liable for any damage or impairment to the hearing or health of visitors due to the sound level occurring at the event.
4.3 Bringing and possessing your own food and drink, narcotics, weapons, knives or other dangerous objects such as glass bottles is also strictly prohibited.
4.4 Should the security staff discover such items on a visitor during the admission checks or during the event, the visitor must voluntarily surrender these items.
Otherwise they will be denied access to the event, even if they have a valid ticket, or they will be expelled from the event.
4.5 The organizer accepts no liability for lost or stolen items belonging to visitors, unless this is due to gross negligence or intent on the part of the organizer.
§ 5 – Image and sound recordings
5.1 Photography, filming and the creation of sound recordings during the event is prohibited without the express written consent of the organizer.
In the event of an infringement, the organizer is entitled in particular to demand the deletion of this recording.
§ Section 6 – Postponement of an event/exchange of tickets
6.1 The event will take place in all weathers as long as there is no danger to life and limb of the visitors due to the weather conditions.
If the event takes place, the ticket cannot be returned or exchanged for a refund of the purchase price.
6.2 If the organizer has to cancel the planned event date due to force majeure (e.g. a storm or other natural event), a court order or a problem with an official permit before the start of the event for the planned date, the organizer is entitled to postpone the event to another date and, if necessary, to another event location within a radius of 10 km from the original event location.
6.3 In the event of a postponement, the tickets remain valid for the respective alternative date.
The postponement does not entitle the visitor to return or exchange the tickets for a refund of the ticket price.
Only in the event of a definitive cancellation of the event is the visitor entitled to demand repayment of the purchase price from the organizer less any advance booking fees and shipping costs incurred.
§ 7 – Other liability
7.1 Otherwise, the Organizer shall only be liable for damages to visitors if
(a) the organizer or one of its vicarious agents breaches an essential contractual obligation (so-called cardinal obligation) in a way that jeopardizes the purpose of the contract or
(b) the damage is attributable 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 breached a material contractual obligation intentionally or through gross negligence, liability shall be limited to the damage typical of 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 remains 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 necessary provision 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 loophole, 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 loophole.