General Terms and Conditions Reeperbahn Festival (Purchase / Event Attendance Contract)
1 Application
1.1 We, RBX GmbH, Neuer Pferdemarkt 1, 20359 Hamburg, Germany, [Managing Director: Alexander Schulz; Local Court Hamburg: HRB 173079, VAT ID: DE 349570861]are the organisers of the Reeperbahn Festival.
1.2 Our GTCs are accepted by you in their entirety in the version applicable at the time of the respective conclusion of the contract and can be viewed at any time on our website at [https://tickets.hoemepage.com/seller/reeperbahn-festival-k75w/agb(opens in a new tab)(opens in a new tab)]. These GTCs govern a) the sale of the admission ticket or admission authorisation to the Reeperbahn Festival ("RB Festival") and to the Reeperbahn Festival Conference ("RBF Conference") (hereinafter also referred to as "Tickets") via our webshop (in particular clauses 2-4, 12-14) as well as b) the admission to the RB Festival and the RBF Conference (in particular clauses 5-11).
1.3 Our offer can only be used by you as a guest, there is no possibility to create a customer account. When using as a guest, you must temporarily store the data required for the purchase and shipping process. The required data must be provided completely and truthfully. After the appropriate processing, the data will be deleted, unless otherwise required by law. There is no entitlement to use our webshop.
1.4 In addition to our General Terms and Conditions, the event regulations of the RB Festival and the RBF Conference or the house rules of the respective venues must be observed, which can be viewed on site.
1.5 The use of our webshop as well as the purchase of tickets is only permitted to persons with a minimum age of 18 years and unrestricted legal capacity or with the explicit consent of all legal representatives.
1.6 The sale of tickets for the RBF Conference is aimed exclusively at entrepreneurs. An entrepreneur within the meaning of § 14 of the German Civil Code (BGB) is any natural or legal person or partnership with legal capacity who, at the time of conclusion of the contract, is acting in the exercise of a commercial or independent professional activity. The sale of tickets for the RB Festival, however, is also aimed at consumers within the meaning of § 13 BGB.
2 Conclusion of contract; no commercial resale
2.1 Our offer of tickets is subject to confirmation. You can first choose whether you wish to purchase a Ticket for the RB Festival or the RBF Conference. Then you can choose one of the different ticket categories and select the desired ticket, if available, by clicking on the corresponding symbols. A maximum of 10 (ten) tickets for the RB Festival and a maximum of 10 (ten) tickets for the RBF Conference will be issued per customer. After entering your buyer data and selecting the payment method, you submit a binding request to purchase the tickets in your shopping cart by clicking the "PAY" button. Before submitting the 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 Terms and Conditions by clicking on the "Accept Terms and Conditions" checkbox and have thereby included them in your application.
2.2 We will then send you an automatic confirmation of receipt by e-mail in which your offer is listed again and you can print this out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the application. The acceptance of your contract offer will only take place if the respective tickets are actually available. If the desired number of tickets is not or only partially available, we will inform you of this. A contract is only concluded when we issue a declaration of acceptance, which will be sent in a separate e-mail. Otherwise, no contract is concluded. The text of the contract (consisting of order, general terms and conditions and declaration of acceptance) will be sent to you by us on a permanent data carrier (e.g. by e-mail). The text of the contract will be stored in compliance with data protection laws. Please check the SPAM folder of your e-mail box regularly.
2.3 If the purchase is to be processed via credit card (SIX), PayPal or Sofortüberweisung, please follow the further menu navigation and observe the further terms and conditions of PayPal and Stripe (see point 3.3 below).
2.4 The contract is 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 take precedence.
2.5 We expressly reserve the right to make price changes, technical changes, errors, printing errors or prior sale.
2.6 Commercial resale (i.e. sale for profit) of tickets is generally prohibited unless otherwise agreed with us in writing.
2a. Impact of CoVid19 on the RB Festival 2023 and the RBF Conference 2023
2a.1 In the past, the spread of the SARS-CoV-2 virus (COVID-19 pandemic) has led to various, in some cases considerable, restrictions on public life and business in Hamburg. On the basis of various general orders and event bans, planned events in Hamburg were cancelled, among other things. In view of the current situation and the currently positive outlook, we have decided to hold the RB Festival and the RBF Conference again in 2023. At the same time, we would like to point out that the situation can continue to develop extremely dynamically (e.g. due to new virus variants) and may change daily. We do not know what the infection situation will look like at the time of the festival in Hamburg. However, we will make every effort to ensure that the festival runs according to the actual situation. We assume that the City of Hamburg as well as the Federal Republic of Germany will continue to support us in the appropriate implementation. We would like to point out that you are expected to keep yourself informed about 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 guidelines issued by the responsible authorities.
2a.2 We will make every effort to hold the RB Festival and also the RBF Conference even under adverse circumstances. However, we explicitly point out that, due to the spread and transmission of the SARS-CoV-2 virus
(a) a change in the programme (even at short notice) (e.g. cancellation, termination or relocation of individual events),
(b) cancellation, termination or postponement of the RB Festival and/or the RBF Conference, and/or
(c) to access restrictions of any kind, both due to official or court orders and in the case of access restrictions to 3-G [i.e. participants/visitors prove to us that they are recovered/vaccinated/tested (negative PCR/antigen test max. 24 hours before access)] /2-G (i.e. participants/visitors prove to us that they are recovered/vaccinated/tested (negative PCR/antigen test max. 24 hours before access)). (i.e. participants/visitors prove to us that they are recovered/vaccinated) or other restrictions (e.g. reduction of access capacities to individual events and/or locations) may occur. We will make every effort to arrange any restrictions in such a way that the participation or visit poses as little risk to the health of the respective persons as possible and also restricts them. In this respect, you are aware that any events may be cancelled, terminated or relocated and/or that the spatial capacity may be reduced due to the distance or other hygiene regulations that may be expected and must be observed by you.
You declare that you are aware of this risk and waive any claims for reimbursement or (other) damages against us, unless we can be accused of intent or gross negligence with regard to the reason for the cancellation/cancellation/relocation. In the event of an admission restriction due to corresponding official measures (e.g. reduction of participants/visitors at certain locations) or due to an admission restriction to 3-G/2-G reasonably chosen by us, the above sentence shall apply accordingly.
2a.3 If you belong to one of the following groups of persons, you may not attend our event - even if you have legally purchased a Ticket - or we may refuse you admission accordingly:
- Persons showing symptoms of Covid-19 (e.g. new persistent cough, fever, loss of sense of taste or smell);
- Persons who have exhibited the above symptoms in the last 5 (five) days prior to the event;
- Persons who have tested positive for Covid-19 and have not tested negative by the time of entry to the relevant event; or
- Persons who have been instructed by the Competent Authority to isolate themselves.
2a.4 In order to enable contact tracing and to prevent further dissemination of Covid-19, we reserve the right to collect relevant data (e.g. first name, last name, telephone number, address). If we decide to collect such data or are requested to do so by the competent authority, the collection of such data constitutes a condition of access. With the conclusion of the contract you already agree to the collection of data as well as a possible passing on of these data to the responsible authority. If we are unable to collect truthful and complete data from you, we are entitled to refuse you admission without refunding the ticket.
3 Price; Payment; Print@home
3.1 All prices stated on our website include fees (system fee, shopping cart fee and payment processing fee) as well as the applicable statutory VAT. However, these fees will be shown to you as a lump sum during the ordering process.
3.2 The prices are due upon conclusion of the contract. In the case of an instant bank transfer, payment is only due within 3 (three) days after conclusion of the contract.
3.3 Payment is possible with various payment methods:
- "PayPal":
You can find more information about "PayPal" at: https://www.PayPal.com(opens in a new tab)(opens in a new tab).
In addition, the respective general terms and conditions of "PayPal" (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full(opens in a new tab)(opens in a new tab)) apply to the payment option "PayPal", to which reference is hereby made.
"Stripe Payments Europe"
The payment processing for credit card payments and instant transfers is carried out by Stripe Payments Europe, Ltd. You can find further information here: https://stripe.com/(opens in a new tab)(opens in a new tab).
In addition, the respective general terms and conditions of Stripe Payments Europe, Ltd. apply (https://stripe.com/de/legal/end-users(opens in a new tab)(opens in a new tab)), to which reference is hereby made.
All payment methods may require a positive credit check.
3.4 The tickets will only be sent to you by e-mail. The shipping risk is borne by us if you are a consumer, otherwise the shipping risk is borne by you. Please check the SPAM folder of your e-mail inbox regularly.
3.5 If you wish to use the print@home procedure when purchasing tickets, you will be entitled to print out your ticket yourself after conclusion of the contract, receipt of payment and subsequent activation. In this respect, you are responsible for the correct printout and the legibility of the corresponding barcode. The ticket can be printed out several times, but the unique, unmistakable barcode limits access to one person - regardless of the number of printouts.
In addition, you are entitled to save the ticket directly in the wallet of your smartphone. In this case, too, the unique, unmistakable barcode only regulates access to one person per ticket.
4. no right of withdrawal for ticket purchases
According to § 312g para. 2 no. 9 BGB (German Civil Code), there is no right of withdrawal for consumers when selling tickets or access authorisations for leisure activities such as visiting cultural events.
5 Access
5.1 The RB Festival and the RBF Conference will take place at various venues in the city of Hamburg (clubs, off-locations, open air locations, pubs, etc.) - in the vicinity of the Reeperbahn. Admission to the individual venues is only possible with a valid, intact admission authorisation (e.g. called a wristband).
5.2 Appropriate checks will be carried out by the security service on entry to the venues. Such checks may also be carried out during the event on a random basis in order to ensure the safety of the event. You agree to this. If you refuse to leave behind any objects which, in our reasonable opinion, could cause danger or disturbance to the artists and/or other participants and/or other visitors to the event, or which are not permitted on the basis of section 5.5 and/or the house rules of the venue, we may refuse you access to the RB Festival, the RBF Conference and/or individual venues. We accept no liability for these items left behind and will not store them for you.
5.3 We reserve the right to deny you admission to the RB Festival and/or RBF Conference and/or individual venues for good cause. In case of late or late arrival as well as in case of leaving the respective venue, admission or (re-)admission can also be denied.
5.4 The spatial capacity of the individual venues is limited. Therefore, a ticket for the RB Festival or RBF Conference only grants access to a specific venue until the capacity of the respective venue is exhausted. It is therefore strongly recommended that you arrive in good time. The instructions of the steward personnel must be followed.
5.5 Objects that are not permitted include, but are not limited to
- Any containers such as backpacks and suitcases larger than H44 x W37 x D30 cm (approx. DIN A4);
- Drinks and liquids of all kinds;
- Glass, helmets, masks (with the exception of commercially available face masks as a hygiene measure) or other items of disguise;
- 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 fires);
- chairs, seating furniture and seating (e.g. polystyrene cubes);
- RECORDING EQUIPMENT: professional sound, photo and video equipment is prohibited;
- Notebooks, tablets, computers, laser pointers other electronic devices with the exception of mobile phones, 35 mm cameras, watches;
- Bulky objects of any kind, 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-making devices;
- Texts, pictures and other materials with discriminatory, inhuman, obscene, pornographic and/or racist content, or which violate the personal rights of third parties.
6. domiciliary rights; rules of conduct; photography and filming
6.1 The domiciliary rights of the RB Festival, the RBF Conference and the respective venues shall be exercised by us, the operators of the respective venues as well as the respective security staff. The respective instructions must be followed.
6.2 During the entire RB Festival or the entire RBF Conference, you are prohibited from,
- exert physical violence against other visitors, our staff, the staff of the respective venue or other third parties,
- to throw objects onto the stage or other visitors,
- climb on the stage or similar, or engage in stage diving, crowd surfing or similar activities,
- urinate or defecate outside the toilets,
- to paint, spray or soil structural facilities, walls, objects, etc,
- trade commercially without our prior written consent,
- to enter areas and rooms that are not open to visitors,
- to take photographs for private use with 35 mm cameras and mobile phones is permitted. The personal rights of third parties must be respected at all times. The making of film or sound recordings of any kind and their publication online or offline without our prior written permission are prohibited,
- to act contrary to the respective hygiene regulations and/or the corresponding instructions of order and security personnel.
6.3 If you violate the rules of conduct set out in these General Terms and Conditions (in particular the rules of conduct set out in sections 6.1 and 6.2 of these General Terms and Conditions), you may be expelled from the respective venue and banned from entering. In such cases, your ticket for the entire RB Festival or the entire RBF Conference will also lose its validity and the admission price will not be refunded.
7 Liability
7.1 Claims for damages are excluded. Excluded from this are claims for damages arising from injury to life, body or health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by us. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims are based on injury to life, body or health. The above restrictions shall also apply in favour of our legal representatives and vicarious agents, insofar as claims are asserted directly against them.
7.2 Furthermore, we 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 participants, visitors, artists, staff, etc.), you shall indemnify us against all claims which they assert against us as a result of your conduct and shall also bear any legal defence costs incurred in this respect in the statutory amount. In the event of a claim, you undertake to provide us immediately with all information (truthful and complete) insofar as this is necessary for an examination of claims and a defence.
8 Cancellation of an event
The RB Festival and the RBF Conference will be held in all weather conditions, however, if the weather conditions give rise to fears of danger to life, limb or health for participants, visitors, artists or staff, individual events of the RB Festival or the RBF Conference or the RB Festival or the RBF Conference will be cancelled immediately. In this case, as well as in the case of cancellation of individual events and/or the RB Festival or the RBF Conference for other reasons of force majeure, due to official order or court decision, there shall be no claim for reimbursement or damages, unless we can be accused of intent or gross negligence with regard to the reason for the cancellation.
9. programme changes
One ticket entitles you to attend a number of events. In the event of programme changes, the cancellation of individual events, the deletion of individual venues or events from the programme, you have no claims against us, as long as the overall character of the festival remains intact in accordance with these General Terms and Conditions. Delays and postponements of individual programme items are to be accepted within the framework of the implementation of the RB Festival or RBF Conference. Changes will be announced immediately on www.reeperbahnfestival.com(opens in a new tab)(opens in a new tab).
10. health impairment due to loudness
You are aware that at the RB Festival or the RBF Conference, especially in front of the stages or in individual venues, there may be a particularly loud noise level and the risk of possible health damage, especially hearing damage. We will ensure that you will not be harmed by the sound level of the events by using suitable technical equipment, limiting the volume and selecting the individual venues. However, regardless of this, it is strongly recommended that you use earplugs, especially when staying close to the loudspeaker boxes, and that you choose a place in front of the respective stages or other noise sources within venues that is conducive to your individual hearing habits.
11 Right to one's own image
Both we and third parties commissioned by us shall be entitled to make image, sound and video recordings of you within the framework of the events without remuneration for the persons depicted and to use them or have them used comprehensively in any way in all known and future media, in particular but not exclusively for reporting purposes, for advertising the RB Festival, the RBF Conference, for sponsor acquisition and for all other business activities of RBX GmbH and its associated companies. All rights may also be transferred to third parties for the aforementioned purposes. By entering the festival grounds or the conference, you agree that such recordings may be made and used for the aforementioned purposes without compensation.
12. data protection
In handling your personal data, we comply with all provisions of the German Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (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 personal data required for the execution of orders can be found in our data protection provisions at https://tickets.hoemepage.com/seller/reeperbahn-festival-k75w/dataprivacy(opens in a new tab)(opens in a new tab).
13 Applicable Law; Miscellaneous
13.1 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 if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a country which is not a member of the European Union.
13.2 In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
14 Jurisdiction; Online Dispute Resolution; Alternative Dispute Resolution
14.1 If you were domiciled or habitually resident in Germany at the time the contract was concluded and have either moved out of Germany at the time we file an action or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Hamburg. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us shall also be the registered office of our company in Hamburg.
14.2 The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/(opens in a new tab)(opens in a new tab).
14.3 We are not obliged or willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).
15 Severability clause
Should individual provisions of this contract be invalid, this shall not affect the rest of the contract.
Status: September 2022