Überschlag Festival - beyond music e.V.

General terms and conditions of

Überschlag Festival - beyond music e.V.

1 General

1.1 These General Terms and Conditions ("GTC") are an integral part of the contract between beyond music e.V., Evershorsterstr. 41, 30885 Langenhagen ("Organiser") and the purchaser ("End Customer") of access, participation, admission or visit authorisations or reservations and vouchers for these or similar or associated rights ("Tickets") or other offers, products and services (e.g. merchandise) (together "Offers") which the Organiser sells via services operated by Höme. End customers in the sense understood here also include persons who have not purchased tickets or other offers directly from the Organiser, but who are entitled to participate in an event (e.g. through secondary purchase, if permitted).

  • 1.2 All communication to the organiser should be addressed to:
  • beyond music e.V.
  • Evershorsterstr. 41
  • 30885 Langenhagen
  • 1.3 Höme - Für Festivals GmbH, c/o Bildau & Bussmann GmbH, Gerichtstrasse 23, 13347, Germany, ("Höme") is a provider of software and other services ("Höme Services") that enable providers or operators of artistic, cultural, sporting or other Höme is a provider of software and other services ("Höme Services") that enable providers or operators of artistic, cultural, sporting or other performances, plays, concerts, meetings, seminars, leisure and other facilities, museums, sites, film screenings, operas, readings, trade fairs, conferences, further education/training/educational events, training courses and other events and performances (whether physical or virtual) ("Event") to distribute tickets and other offers and to process related transactions with end customers. Höme is a provider of a technology platform for the event organiser. Höme is not a ticket broker and is not the organiser of an event. Insofar as Höme appears vis-à-vis the end customer in connection with the ordering process for tickets and/or offers, this is done exclusively as a representative of the organiser and in its name.
  • 2 Conclusion of contract with the organiser, ticket processing by Höme
  • 2.1 Upon successful completion of a purchase transaction for tickets or other offers, a contract is concluded exclusively between the organiser and the end customer. The organiser is supported by Höme in order and payment processing. Ticket sales, the tickets themselves or other offers are therefore labelled with additions such as "powered by Höme" and/or with services operated by Höme such as infield and offered by Höme for the organiser on these platforms. No purchase, service or other contracts regarding the purchase of tickets and the event or related services shall be concluded between the end customer and Höme.
  • 2.2 The end customer is not entitled to conclude a contract with an organiser. The end customer acknowledges that the organiser may make the conclusion of the contract dependent on the acceptance of further conditions, data protection declarations, cancellation notices and other contractual components by the end customer and further restrictions (e.g. maximum number of tickets for an event). The organiser and Höme (on behalf of the organiser) are entitled to refuse or reject the conclusion of purchase transactions with an end customer without giving reasons.
  • 2.3 The end customer acknowledges that the total purchase price of a purchase transaction is determined or changed solely by the organiser and may exceed the ticket price shown on a ticket or in the ticket shop. The total purchase price is calculated by adding any fees and taxes to the ticket price shown. The total purchase price to be paid by the end customer will be communicated to the end customer before the order process is finalised. Payment of the total purchase price can only be made using the payment methods provided by Höme (on behalf of the organiser).
  • 2.4 The contract between the organiser and the end customer shall only be concluded when Höme (acting on behalf of the organiser) sends the corresponding confirmation to the end customer (e.g. by sending the transaction confirmation or allocation and then sending a ticket with the corresponding ticket ID). Going through the ordering process alone does not constitute the conclusion of a contract and does not entitle the end customer to participate in an event.
  • 2.5 If ticket quotas (both the total quota for the event and quotas for individual ticket categories) are exceeded due to technical problems, the organiser or Höme (acting on behalf of the organiser) shall inform the end customer of this. The organiser or Höme (acting on behalf of the organiser) may cancel such tickets and refund the total purchase price.
  • 3. form of the tickets
  • 3.1 Unless otherwise communicated by the organiser or Höme (acting on behalf of the organiser), the end customer shall receive an automatic order confirmation email from Höme (acting on behalf of the organiser) and a further email with a link to the purchased tickets for the relevant event. The form of ticket provided depends on the entry and admission modalities used by the organiser for a particular event and will be communicated to the end customer (e.g. download and print, digital wallet, etc.). To attend an event, the ticket must be presented in the form communicated. Presentation of the order confirmation email alone (without presentation of the ticket in the correct form) does not entitle the holder to attend an event.
  • 3.2 If provided for by the organiser, the end customer has the option of ordering printed and mailed tickets for a fee ("hard tickets").
  • 3.3 The end customer is obliged to check a ticket for correctness with regard to number, price, date, event, venue and other essential features after handover or receipt. Complaints about incorrect tickets must be made to the organiser or Höme (acting on behalf of the organiser) immediately, at the latest within five working days of handover or receipt of the ticket.
  • 3.4 The transfer of ownership of tickets or rights derived from them to the end customer shall not take place until the total purchase price has been paid in full or all outstanding claims have been settled.
  • 3.5 As part of the purchase process, the end customer must provide truthful, complete and correct information. The organiser or Höme (acting on behalf of the organiser) shall be entitled to verify the information provided by the end customer by means of suitable measures (e.g. credit information).
  • 4 Rights and obligations
  • 4.1 All information relevant to an event or other offer of the Organiser (e.g. scope/content, location, time, organiser, price, fees and taxes, participation requirements and restrictions, access controls and restrictions, form of tickets to be presented, accessibility, seating plan, house rules and other rules of conduct of the respective venue and other restrictions or material information that could reasonably influence the purchase decision of an End Customer) shall be communicated by the Organiser or Höme (on behalf of the Organiser as representative of the Organiser).
  • 4.2 The end customer hereby acknowledges this information and these regulations and they therefore form part of the contract between the organiser and the end customer.
  • 4.3 It is the sole responsibility of the end customer to check whether it is able or willing to fulfil the requirements, conditions, provisions and regulations necessary for participation. The Organiser may refuse or terminate participation in or attendance at an event in the event of non-compliance or non-observance.
  • 4.4 If there is a suspicion of misuse or violation of legal provisions, these GTC or other provisions or conditions of the organiser (e.g. through fraudulent, illegal or unfaithful activities) or of corresponding circumvention or attempts at circumvention, the organiser or Höme (acting on behalf of the organiser) may revoke the validity of a ticket without compensation before or during an event and refuse the end customer the right to participate in an event or expel them from the event.
  • 4.5 The end customer must inform the organiser and Höme immediately of any damage, loss or seizure of tickets. If the end customer loses a hard ticket or if it is lost in his area of responsibility, the organiser or Höme shall not be obliged to procure a replacement.
  • 4.6 Unless otherwise agreed, the validity of a ticket is limited to the respective event (in particular in terms of location and time) and, if applicable, the respective seat or seating unit or the corresponding ticket category. The ticket loses its validity after the event has taken place.
  • 4.7 The end customer acknowledges that the organiser alone is responsible for events and other offers of the organiser that are offered and processed via Höme services, as well as their content, quality, sequence, implementation, modification, cancellation, termination or postponement, the corresponding communication, publications and information, and that Höme bears no responsibility whatsoever for this. Höme is under no obligation to instruct, check or supervise the organiser with regard to its obligations towards end customers. Furthermore, Höme shall be under no obligation to check the organiser's publications and information for up-to-dateness, legality, accuracy and completeness. This shall also apply in particular if employees of Höme act on behalf of the organiser or if the organiser uses contractual documentation and templates provided by Höme.
  • 4.8 The end customer further acknowledges that Höme offers no guarantee for the uninterrupted availability and usability of Höme services. Höme accepts no liability for delays or errors in transmission, memory failures and associated restrictions to Höme services. Please note that maintenance work may result in temporary interruptions to the website and/or individual Höme services.
  • 5 Passing on tickets
  • 5.1 Tickets may be resold for no more than the ticket price shown on the ticket. Commercial resale (e.g. as part of a competition or for advertising purposes) is prohibited without the prior written consent of the organiser or Höme (acting on behalf of the organiser). The organiser must be contacted for the re-personalisation of individualised tickets. A processing fee may be charged for this.
  • 5.2 In the event of a breach, the organiser or Höme (acting on behalf of the organiser) may demand payment of a contractual penalty of EUR 500 per ticket from the end customer and refuse access authorisation to an event for corresponding tickets without replacement. Further claims for damages remain unaffected by this.
  • 6. revocation, cancellation, refund, return and exchange of tickets
  • A) Without significant changes to the event
  • There is no right of revocation, return, cancellation or exchange for events. All ticket purchases are therefore binding immediately after the purchase process has been completed and cannot be cancelled.
  • B) In the event of significant changes, postponement or cancellation of the event
  • In the event of a significant change, postponement or cancellation of an event due to circumstances for which the organiser is not responsible, the organiser is entitled to declare the validity of a ticket to another event. A return of the ticket, a refund of the total costs or a cancellation of the ticket purchase is not possible in these cases, unless participation in the other event is demonstrably unreasonable for the end customer.
  • 6.1 In all other cases of a significant change, postponement or cancellation of an event, the end customer is entitled to return the tickets and receive a refund of the ticket price, less any cancellation costs.
  • 6.2 A change is deemed to be significant if the changed event differs fundamentally from an event that the ticket purchaser may reasonably expect.
  • 7 Liability
  • 7.1 The Organiser shall only be liable for intent and gross negligence, except in the event of a breach of material contractual obligations, injury to life, limb or health and the provisions of the Product Liability Act. Liability for a slightly negligent breach of material contractual obligations is limited to the transaction value associated with the transaction giving rise to liability. In principle, the Organiser shall not be liable for damages caused by force majeure or breaches of duty by third parties.
  • 7.2 Insofar as the organiser's liability is excluded or limited, this exclusion or limitation of liability shall also apply mutatis mutandis to any personal liability of the organiser's legal representatives, vicarious agents and assistants as well as any representatives acting on behalf of the organiser vis-à-vis the end customer.
  • 7.3 Insofar as Höme acts as a representative or vicarious agent of the organiser vis-à-vis the end customer or otherwise appears vis-à-vis the end customer, the following shall apply: Höme shall only be liable for intent and gross negligence - except in the event of a breach of any material contractual obligations, injury to life, limb or health and the provisions of the Product Liability Act. Liability for a slightly negligent breach of material contractual obligations shall be limited to the transaction value associated with the transaction giving rise to liability. Höme shall not be liable for damages caused by force majeure or breaches of duty by third parties.
  • 7.4 Insofar as Höme's liability is excluded or limited, this exclusion or limitation of liability shall also apply mutatis mutandis to any personal liability of Höme's legal representatives, vicarious agents and assistants as well as any representatives acting on Höme's behalf vis-à-vis the end customer. In particular, Höme shall not be liable for damages resulting from the cancellation, cancellation, change, postponement or defects of an event, insolvency of the organiser, loss or late arrival of or faulty hard tickets or restrictions on Höme services.
  • 8 Final provisions
  • 8.1 These GTC shall take precedence over any other provisions in the contractual relationship between the Organiser and the end customer.
  • 8.2 The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG - UN Sales Convention). The statutory provisions restricting the choice of law and the applicability of mandatory provisions shall remain unaffected by this.
  • 8.3 If the end customer is not a consumer, the exclusive place of jurisdiction for all disputes between (i) the end customer and the organiser is the organiser's registered office and (ii) the end customer and Höme.
  • 8.4 The end customer shall be deemed to be a consumer insofar as the purpose of the ordered goods and services is not attributable to his commercial or independent professional activity. Any natural or legal person or partnership with legal capacity that is acting in its commercial or independent professional capacity when concluding the contract shall be deemed to be an entrepreneur. The end customer is not deemed to be a consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period for the provision of the service (within the meaning of Section 312g (2) No. 9 BGB).
  • 8.5 The following applies to end customers with registered office, domicile or habitual residence in the European Union:
  • The end customer warrants that they have unlimited legal capacity or the necessary powers of representation to conclude this contract.
  • The European Commission provides an internet platform for online dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr. The Organiser and Höme are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
  • 8.6 Should any of the aforementioned provisions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same applies if and insofar as a loophole is found. In place of the invalid or unenforceable provision or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to what the organiser and the end customer would have wanted economically if they had considered this point.