Building Roots UG (hereinafter referred to as the “Organizer”) organizes the PAVOIA Festival (hereinafter referred to as the “Festival”). The following general terms and conditions apply to the organization of and participation in the festival, which the visitor accepts by participating in the festival.
1 General
1.1 These General Terms and Conditions are an integral part of the contract between Building Roots UG, Juliusstrasse 36, 22769 Hamburg („Organizer“) and the purchaser („End Customer“) of access, participation, admission or visit authorizations 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 Organizer sells. End customers in the sense understood here also include persons who have not purchased tickets or other offers directly from the organizer, but who are entitled to participate in an event (e.g. through secondary purchase, if permitted).
1.2 All communication to the organizer should be addressed to:
Building Roots UG
Juliusstrasse 36
22769 Hamburg
Germany
Email: love@pavoia.com
1.3 Universe – A Ticketmaster Company, Tickemaster GmbH, Spree Forum, Alt-Moabit 60, 10555 Berlin (“Universe”) is an online ticketing provider 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, training/educational events, courses and other events and performances (whether physical or virtual) („Event“) to distribute tickets and other offers. Universe is a provider of a technology platform for the event organizer. Universe is not a ticket broker and is not the organizer of an event. Insofar as Universe 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 organizer and in its name.
2 Conclusion of contract with the organizer, ticket processing by Universe
2.1 Upon successful completion of a purchase process for tickets or other offers, a contract is concluded exclusively between the organizer and the end customer. The organizer is supported by Universe in order processing. Ticket sales, the tickets themselves or other offers are therefore marked with additions such as „powered by Universe” and/or with services operated by Universe. 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 Universe.
2.2 The end customer shall not be entitled to conclude a contract with an event organizer. The end customer acknowledges that the organizer may make the conclusion of the contract dependent on the acceptance of further conditions, data protection declarations, revocation notices and other contractual components by the end customer and further restrictions (e.g. maximum number of tickets for an event). The organizer and Universe (acting on behalf of the organizer) 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 organizer and may exceed the ticket price shown on a ticket or in the ticket store. 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 completed. Payment of the total purchase price can only be made via the payment methods provided by Universe (on behalf of the organizer).
2.4 The contract between the organizer and the end customer shall not be concluded until Universe (acting on behalf of the organizer) has issued 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 In the event that ticket quotas (both the total quota for the event and quotas for individual ticket categories) are exceeded due to technical problems, the organizer or Universe (acting on behalf of the organizer) shall inform the end customer of this. The organizer or Universe (acting on behalf of the organizer) may cancel such tickets and refund the total purchase price.
3 Form of the tickets
3.1 Unless otherwise communicated by the organizer or Universe (acting on behalf of the organizer), the end customer shall receive an automatic order confirmation email from Universe (acting on behalf of the organizer) and a further email with a link to the purchased tickets for the corresponding event. The form of the tickets provided depends on the entry and admission modalities used by the organizer for a particular event and is communicated to the end customer (e.g. downloading and printing, 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 customer to attend an event.
3.2 If provided for by the organizer, 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 the ticket after delivery or receipt for correctness with regard to number, price, date, event, venue and other essential features. Complaints about incorrect tickets must be made to the organizer or Universe (acting on behalf of the organizer) 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 organizer or Universe (acting on behalf of the organizer) 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 organizer (e.g. scope/content, location, time, organizer, price, fees and taxes, participation requirements and restrictions, access controls and restrictions, form of tickets to be presented, accessibility, hall 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 organizer or Universe (on behalf of the organizer as representative of the organizer).
4.2 The end customer hereby acknowledges this information and these regulations and thus form part of the contract between the organizer and the end customer.
4.3 It is the sole responsibility of the end customer to check whether it is able or willing to fulfill the requirements, conditions, provisions and regulations necessary for participation. The Organizer 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 terms and conditions or other provisions or conditions of the organizer (e.g. through fraudulent, illegal or unfaithful activities) or of corresponding circumvention or attempts to circumvent, the organizer or Universe (acting on behalf of the organizer) 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 him from the event.
4.5 The end customer must inform the organizer and Universe 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 organizer or Universe shall not be obliged to provide a replacement.
5 Transfer of tickets
5.1 Tickets may be resold for a maximum of 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 organizer or Universe (acting on behalf of the organizer). The organizer must be contacted for the re-personalization of individualized tickets. A processing fee may be charged for this.
5.2 In the event of a breach, the organizer or Universe (acting on behalf of the organizer) may demand payment of a contractual penalty twice the amount of the respective ticket price from the end customer and refuse access 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 to revoke, return, cancel or exchange tickets for events. All ticket purchases are therefore binding immediately after the purchase process has been completed and cannot be canceled.
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 organizer is not responsible, the organizer 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 reversal 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 to a refund of the ticket price, less any costs incurred in the reversal of the transaction.
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 Audio- and Video recordings
The organizer and third parties commissioned by the organizer are entitled to produce image, sound and audio recordings of the visitors during the events without remuneration for the persons depicted and to use them or have them used in any way in all known and future media. In this respect, the visitor irrevocably consents to the use of his/her image and voice free of charge for photographs, live broadcasts, broadcasts and/or recordings of images and/or sound made by the organizer, its agents or other third parties in connection with the event – as well as their subsequent exploitation in all current and future media, in particular digital distribution via the Internet.
8 Camping and Parking
8.1 Camping and parking is only permitted in designated areas. Tents must be stable and weatherproof. Visitors are responsible for the traffic safety of their tents.
8.2 Garbage must be collected and disposed of at the designated garbage collection points. At the end of the stay, the pitches must be left in a tidy condition.
8.3 Campfires or other open fires are not permitted. Cooking is only permitted with commercially available and safe appliances. Barbecuing is prohibited for fire safety reasons. The organizer would like to point out that some of the areas designated as parking spaces are meadows and/or fields. The accessibility of these areas may be difficult/restricted due to weather conditions. In the event of poor ground and road conditions or for safety reasons, temporary driving bans or relocation to another parking area and/or separation of camping and parking may be ordered.
8.4 There is no entitlement to the allocation of a specific parking and/or camping site. Parking and camping spaces are allocated by the organizer’s staff. Escape and rescue routes must be kept clear of any structures at all times.
8 Liability
8.1 The end customer takes part in the festival at their own risk. All end customers are therefore personally liable to the organizer for ensuring that they do not cause any damage to the organizer through their visit and for any personal injury, property damage or financial loss associated with their visit. End customers shall indemnify the organizers against any third-party claims for compensation for damage caused by visitors to the festival upon first request.
End customers bear sole responsibility under civil and criminal law for their visit to our festival. The organizer accepts no liability for any personal injury, property damage or financial loss, unless caused by intent or gross negligence.
The end customer assumes unlimited liability for any damage caused during the visit to the festival, due to accidents or improper handling of any objects provided by the organizer, or due to the fact that an end customer has not followed the organizer’s instructions.
By participating in the event, end customers waive all claims of any kind for damages arising in connection with the event against the organizer, the owner of the property, all persons entitled to use the property and other persons connected with the organization of the event and against the vicarious agents of all the aforementioned persons, except for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty – also by a legal representative or a vicarious agent of the group of persons liable – and except for other damages which are based on an intentional or grossly negligent breach of duty – also by a legal representative or a vicarious agent of the group of persons liable.
When using the festival facilities and participating in workshops, end customers must follow the rules posted at the individual stations and the instructions of the security staff.
8.2 The Organizer shall only be liable for intent and gross negligence, except in the case of 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 Organizer is not liable for damages caused by force majeure or breaches of duty by third parties.
8.3 Insofar as the organizer’s liability is excluded or limited, this exclusion or limitation of liability shall also apply mutatis mutandis to any personal liability of the organizer’s legal representatives, vicarious agents and assistants, as well as any representatives acting on behalf of the organizer vis-à-vis the end customer.
9 Final provisions
9.1 These General Terms and Conditions take precedence over any other provisions in the contractual relationship between the Organizer and the End Customer.
9.2 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 considered 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.
9.3 The following applies to end customers with their registered office, domicile or habitual residence in the European Union:
The end customer warrants that he/she has 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 organizer and Universe are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
9.4 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 organizer and the end customer would have wanted economically if they had considered this point.
10. Applicable law, miscellaneous
By purchasing a ticket, I confirm that I have read the above General Terms and Conditions and accept their validity. I am aware that I cannot participate in the festival without acknowledging the validity of the General Terms and Conditions.