GTC

General Terms and Conditions 

of Karsten Jahnke Konzertdirektion GmbH

 

The following terms and conditions contain the legal information regarding your rights based on contract law governing transaction made via e-commerce.


1.    Scope and Contracting Party
These General Terms and Conditions apply to the purchase of tickets for the RIVIERA POP festival at Weissenhäuser Strand. Contracting partner is solely the “Karsten Jahnke Konzertdirektion GmbH”. The “Weissenhäuser Strand GmbH & Co. KG“ or any other marketing partner are not contract partners. They only handle the booking process and forward the bookings to the “Karsten Jahnke Konzertdirektion GmbH “.

2.    Festival Attendees
The RIVIERA POP festival aims at people 18 years and above. Kids and teenagers below 18 years of age have to be accompanied by their parents or a legally responsible guardian. Families with kids are very welcome. The festival and the holiday resort offer numerous entertainment and leisure activities for the whole family.

3.    Language
Contracting languages are English and German.

4.    Offers and Contract Closure
Tickets are subject to availability on first come first served basis. Internet offers for RIVIERA POP festival. Product descriptions found on the website www.riviera-pop.de or in the downloadable PDF documents are non-binding offers and are subject to change. By clicking the “Book Offer” buttons you can choose bundle tickets from various categories. They are first to be placed in the virtual shopping basket. This process not binding. For ordering tickets you need to complete your personal customer data. By clicking the “Buy now” button you enter into a binding purchase contract for your tickets. After choosing the payment method (credit card or online money transfer) your are led to the payment page. After successful sending of order, you receive an automatically generated order confirmation/invoice to your e-mail address, which contains all details of your ticket order. The General Terms and Conditions GTC are attached to that e-mail. The contract is drawn upon clicking the “Buy now” button. The employees working in the call centre of the hotline do not have the authorisation to confirm your intent to purchase tickets.


5.    Correcting Input Mistakes
Before sending off your purchase, all the information you have entered will be displayed. At this point you will have the opportunity to verify the information displayed or change any entries that have been incorrect. Corrections can be made by returning to the registration page and enter your data again.

6.    Storage and Availability of Contract
You can print or save the details of your contract at anytime by clicking the “Save“ or “Print“ button in your browser menu. Your order details will be saved. You can print the “Order confirmation” which will appear on the screen at the end of the ordering process. Additionally you will receive an e-mail order confirmation containing all relevant data for your purchase that you can also print for your records.
 
7.    Tickets
Ticket wristbands are deposited at the check-in desk of the „Weissenhäuser Strand“ at the beginning of the festival. Tickets including accommodation at the four star beach hotel will be placed directly at the hotel reception.

8.    Prices and Payment Conditions
8.1    Tickets with Accommodation (bundle tickets)
All ticket prices are per person and contain the local VAT. In addition to this there is a one-time-only booking fee of 25 Euros per accommodation, possible costs for extra nights booked and a spa tax of 1.10 Euro per day and person (only in season), or 15 € fee when choosing payment option ‘by invoice’. The amount due is payable by money transfer (giropay and by invoice available in Germany only), credit card (Mastercard or VISA). The total amount is due at once. Bank account details: “Weissenhäuser Strand Betriebs GmbH” at the following bank “Volksbank OH NORD EG“, bank code “2139 00 08“ account number “205 150 00“. As reference please state “RIVIERA POP”. For foreign bank transfers: BIC (SWIFT-CO DE) GENO DEF1NSH, IBAN: DE65 2139 0008 0020 5150 00.
Within a category booked there is no entitlement to a specific hotel room or apartment. Upgrades to a higher category can be done without consulting customers without charging any extra costs. Tickets cannot be cancelled or returned. Rights (of withdrawal) by law are not affected by this (i.e. defaulting or impossibility of performance).
There are exceptional cases where cancellation requests may be agreed to by the promoter. All cancellation requests have to be placed in writing. In case they will be agreed upon a cancellation fee of the ticket part of € 128.- per person are payable. Within eight weeks before the festival no such requests can be processed anymore, and the full bundle price is due. In case of no show or early departure the buyer has no rights to claim for compensation. The buyer has to prove that no financial damage has occurred to the promoter, or that this damage is lower than the cancellation fee or buying price.
8.2    Tickets without Accommodation (day tickets)
A limited amount of tickets without accommodation will be available shortly before the festival in our Onlineshop for guests from close by. All Tickets without accommodation cannot be cancelled or returned.
8.3    Bundle tickets including VIP passes
Tickets for the VIP Area are included in bundle ticket category DVIP or can be purchased online separately in the online shop. All VIP tickets cannot be cancelled or returned.

9.    Rental
The accommodation (leased premises) will be let for the booked period of time. On the day of your arrival you can use your rental object from 15:00 p.m. On the day of your departure you need to check out by 13:00 p.m. on Sunday and the following days till 10:00 a.m. and return keys at the reception. The leased premises will be let complete with furniture and equipment, linen and towel sets according to inventory list. The inventory has to be handled with care. The ticket owner is liable for damage, which she or another guest of the rental object causes. Ordering rental equipment is non-binding. There is no entitled claim to it. Bringing pets is not allowed. Only for some types of apartments exceptions can be made for an extra fee. Please inquire before ordering your tickets.
Ticket holders must stick to all site rules (house rules, parking order, swimming pool order, etc). By using the facilities the ticket holder accepts the displayed and binding rules. Subletting the rental object to others or using the rental object for other than accommodation needs our prior written approval.

10.    Promotion and stickers
It is strictly prohibited to distribute promotion especially flyers and posters on the premises without prior authorization. Promotion is reserved to our sponsoring partners only. Attaching stickers is strictly prohibited and will be sued.

11.    Liability for Damage
We accept all legal responsibility according to law for all damages caused willfully or recklessly by our employees or other vicarious agents. As long as no deliberate breach of contract has been committed, compensation is limited to the typical and predictable eventuating damage.
We accept all legal responsibility according to law in the case that we culpably commit a breach of a crucial contractual commitment (so called cardinal duty). In this case compensation is limited to the typical and predictable eventuating damage.
We accept all legal responsibility according to law for bodily harm that results from neglect of duty or otherwise culpably caused by an employee or other vicarious agent. This is also applicable for instances stipulated by the Product Liability Act.
Any further liability for damage claims is excluded, independent of the legal nature of the respective claim. This is especially applicable to damage claims resulting from defaulting on the contract, immediate neglect of duty, a false claim (§ 823 BGB) or request of unwarranted expenditures.
Aforementioned exemptions of liability and restrictions of liability are not valid in case of fraudulent intent or in case we issued guarantee.
As long as our liability for damages is exempted or restricted, this is also applicable for the personal liability of the involved employees and vicarious.

12.    Personal Data Protection
When processing your personal data we will consider your interests and adhere to all legal requirements. We will remove and save all data as required for the processing of your contract and for maintaining positive customer relations. When required for processing the contract, your data will be passed on to the external organisation responsible for printing and delivering your tickets. Your personal information will at no point be sold to third party for other use. When visiting our website, the following information will automatically registered via your browser:
–    browser type and version
–    system software
–    referring URL (the site you had previously visited)
–    host name and IP address
–    time of day of server request
This data will not be used to personally identify users who visit our website. This data will not be cross-referenced with data from any other source. Cookies may be used – as they will allow us to make our website more user-friendly, effective and secure. Cookies are small text files that are saved on your computer and in your browser. The Cookies that are most often uses are “Session-Cookies” and are deleted after you leave that particular website.
In the case you would like to receive our newsletter, we will require your e-mail address and other personal data. Your consent is required so that we may save your data and e-mail address and for using this information to send you the newsletter. You may unsubscribe at any point. You may request at any time to learn what personal data of yours has been saved. Likewise we are required to give you this information, lock your profile or delete the data upon your request.

13.    Film recordings/granting of rights
13.1    Your attention is drawn to the fact that, for the purposes of reporting on the RIVIERA POP Festival, sound and film recordings will be made throughout the whole of the event. In taking part in the RIVIERA POP Festival, participants declare their agreement that they may be filmed and that films featuring their person may later be made public. Participants grant the necessary and exclusive rights of exploitation for this purpose, unrestricted with regard to time and place without limit as to frequency of use of their rights to their own image.
13.2    The granting of rights extends to include all known types of use and encompasses the following rights in particular.
a) The right of reproduction pursuant to § 16 of the German Copyright Act (UrhG), i.e. the right to reproduce and dis­seminate performances within the scope of the types of rights granted without limit as to frequency including the right of digitalisation.
b) The right of dissemination and rental pursuant to § 17 UrhG including lending right.
c) The right of recitation, performance, and presentation pursuant to § 19 UrhG, i.e. the right to make the performance publicly visible in/on all known presentation systems.
d) The right to make the performance publicly accessible pur­suant to § 19a UrhG and the right of use-on-demand.
e) The right of broadcast and communication, i.e. the right to make the performance publicly available in whole or in part without restriction as to time or place.
f) Print right, i.e. the right of production, reproduction and dissemination of the performance in whole or in part in printed works of all kinds.
g) Film right, i.e the right to use the performance forming the object of the present Agreement in whole or in part, in unedited or edited form for the purpose of the production of one or more films in all audiovisual or multimedia procedures (film, television, video, photographic, sound recordings etc. in analogue or digital form) and to exploit the production(s) thus created in an unrestricted manner in all media.
h) Video right, i.e. the right to produce copies of the performance on picture/sound and data storage media of all kinds for the purpose of dissemination (sale, rental, lending etc.) and/or of non-public and public reproduction including interactive reproduction as the case may be. This right encompasses all audiovisual systems and formats currently known regardless of the technical specification of the individual system and including digital storage media of all kinds.
i) Sound recording medium right, i.e. the right of production, reproduction and dissemination of CD’s, DVD’s or other sound recording media.
j)  Right of editing and dubbing, i.e. – whilst complying with copyright and general personal rights – the right to use analogue, digital or other text or picture editing methods to edit, rearrange, distort, abridge, divide or cut the performance, to combine the performance with other works, to use the performance within other picture/sound and data storage media, to record or interrupt the performance (including for advertising purposes), to add multimedia elements or to edit and exploit the performance in any other way.
k) A clip licence agreement and advertising rights for the RIVIERA POP Festival, i.e. the right to include extracts from the production in other productions in whole or in part and in other picture/sound and data storage media in edited or unedited form and offer such data storage media for sale to third parties, exploit such data storage media within the scope described and to use extracts from the production including the picture of the participant for the purpose of advertising the RIVIERA POP Festival.
l) Data base and archiving rights, i.e. the right to store the performance in databases in whole or in part and the right to archive the performance in whole or in part in physical or non-physical form.
m) The right to combine the rights of exploitation stated with one another.
13.3    The organisers of the RIVIERA POP Festival are entitled to transfer the rights granted to them to third parties in whole or in part or to grant such third parties exclusive or non-exclusive rights of exploitation.

14.    Prohibition of Commercial Use
No offer of this Internet page may be used for commercial purposes without the prior written permission of KARSTEN JAHNKE KONZERTDIREKTION GMBH. In particular, the commercial re-sale of products and tickets is prohibited. Concert tickets may not be privately re-sold at a higher prices than the printed ticket price plus displayed fees that were charged when purchasing the ticket. KARSTEN JAHNKE KONZERTDIREKTION GMBH further reserves the right to block the access of any customer or refuse to accept the ticket order of any customer who is known or justifiably suspected of cooperating with another ticket broker or black market dealer or of using automated programmes to order tickets or of ordering more than the maximum number of tickets per person permitted by KARSTEN JAHNKE KONZERTDIREKTION GMBH.
Violation of these terms will lead to loss of access rights to the event in question without compensation; the entrance ticket will lose its validity.
 
15.    Applicable Law
For these business contracts and the whole legal relationship between us and our contracting partners German law applies ex­cluding United Nations Convention on Contracts (CISG).

16.    Vendor Identification
Karsten Jahnke Konzertdirektion GmbH
Budapester Straße 45, D – 20359 Hamburg | Tel.: +49 (0)40 41 47 88 0 | Mail: info@kj.de | County Court Hamburg, B39394
CEO: Karsten Jahnke, Hauke Tedsen, Ben Mitha


Valid from: 16th February 2017