Special terms and conditions for the sale of tickets to the Nachtdigital Festival / Code of conduct for attendees
1. The event contract is formed when the tickets are given to the ticket purchaser. In this connection, the purchaser bindingly affirms that he/she will only use the ticket(s) for personal purposes. Each ticket is valid for one person only; children of all ages must have their own tickets.
2. If the event contract is concluded at the premises of Nachtdigital GmbH or at an authorised seller, the event contract is concluded at the time at which the tickets are given out; for telephone orders, the event contract is concluded at the time at which the booking number is given out by an employee of Nachtdigital GmbH. In the case of a telephone order, the orderer has the option of viewing the terms and conditions where advance tickets are available and at www.nachtdigital.de. The terms and conditions will also be sent to the orderer immediately upon conclusion of the contract. For telephone orders, the orderer will be informed before the ordering process that continuation of the ordering process constitutes acceptance on the part of the orderer of the inclusion of these terms and conditions, without the terms and conditions actually being sent to the orderer.
3. In the case of orders placed through the online booking system, the offer to conclude the event contract is extended by the orderer when the orderer initiates ticket ordering. If Nachtdigital GmbH accepts the orderer’s offer, Nachtdigital GmbH will confirm this by sending an email, which serves as acceptance of the order.
4. The rights and obligations deriving from the event contract, which is documented in the form of the entry ticket, can only be transferred to a third party provided the third party enters into the event contract and assumes all rights and responsibilities. This entry of the third party into the event contract must be approved in advance by Nachtdigital GmbH, which will not give its approval if the attendance rights or tickets are sold in an auction not authorised by Nachtdigital GmbH, especially on the internet or via internet marketplaces or internet ticket exchanges not authorised by Nachtdigital GmbH.
5. Regardless of the number of orders, every orderer is only permitted to order the maximum number of tickets specified by Nachtdigital GmbH for the specific event. It is forbidden to circumvent this prohibition by using different names. In the event of a breach of obligations deriving from the first and/or second sentence of this section, Nachtdigital GmbH is entitled to withdraw from the event contract concluded with the orderer by blocking the tickets. The orderer shall pay a contractual penalty to be determined by Nachtdigital GmbH according to equitable discretion and not to exceed the value of the blocked tickets. The orderer’s compensation claim due to the withdrawal and blocking of the tickets can be applied to the contractual penalty. Any other contractual penalties will be taken into account when determining the contractual penalty.
6. In order to avoid acts of violence and criminal offences in connection with event attendance; to enforce prohibitions on attendance; to prevent resale of tickets at excessive prices; and in the interest of attendee safety, Nachtdigital GmbH will not approve the entry of a third party into the event contract pursuant to Section 4 in the following cases:
If the attendance rights or tickets are sold and the (auction) resale price offered or accepted for these attendance rights/tickets exceeds by more than 10% the amount due to Nachtdigital GmbH, plus two euros; this applies in particular in the context of private resale (Nachtdigital GmbH permits private resale on eBay subject to the stated requirements);
– If the attendance rights or tickets are sold by the orderer or third parties in the framework of auctions not authorised by Nachtdigital GmbH (especially on the internet);
- If the attendance rights or tickets are sold by the orderer or third parties through internet marketplaces or internet ticket exchanges not authorised by Nachtdigital GmbH;
– If the attendance rights or purchased tickets are sold commercially without the express advance, written permission of Nachtdigital GmbH;
– If the attendance rights or tickets are sold without express reference to these terms and conditions, especially this section.
7. Resale or offering of attendance rights or tickets in breach of the points in Section 6 is prohibited. By concluding or entering into this event contract, the contracting party affirms that he/she will not breach this prohibition. When presenting the tickets at the event entrance, the ticket holder affirms that he/she is entitled to attend the event and that he/she has not acquired the ticket through resale as prohibited in Section 6.
8. For every breach of the prohibition pursuant to Section 7 the contracting party shall pay to Nachtdigital GmbH a contractual penalty, the amount of which is to be determined by Nachtdigital GmbH according to equitable discretion, but which is not to exceed EUR 2,500.00. The number of breaches is determined by the number of illegally offered attendance rights or tickets.
9. In the event of breach of the prohibition pursuant to Section 7, sentence 1, or a false affirmation pursuant to Section 7, sentences 2 and 3, Nachtdigital GmbH is entitled to
- withdraw from the event contract and/or
- block the tickets and deny the ticket holder entry to the event.
If the contracting party has a compensation claim due to the withdrawal or blocking of tickets, Nachtdigital GmbH shall take this into account when determining the contractual penalty. Furthermore, if the prohibition pursuant to Section 7, sentence 1 is breached, Nachtdigital GmbH reserves the right to exclude the contracting party from purchasing tickets in the future.
10. If tickets are lost or stolen, the contracting party has no claim to replacement of individual tickets, even if reported promptly in writing. If Nachtdigital GmbH can block the ticket, however, the contracting party will be given a replacement ticket in exchange for a processing fee of EUR 10.00. Nachtdigital GmbH has assigned ticket processing in Germany to the following partner: TixforGigs, Käthe-Kollwitz-Straße 60, 04109 Leipzig, Germany.
11. Dangerous objects such as pyrotechnic items, torches, weapons of any kind, as well as objects that could lead to significant injuries must not be brought to Nachtdigital.
12. Bulky objects of all types, all types of backpack and carrying harnesses, as well as bags larger than DIN A4 (approx. 20 x 30 cm) must be handed over before entering the event grounds (the stage area which is separate and divided from the camping area). It is also prohibited to bring any type of food or drink into this area. If drinks in particular are brought into this area, Nachtdigital GmbH is entitled to confiscate them and charge a fee of EUR 50. In cases of doubt, we would ask that you comply with the decision of the security staff. Areas and stages that have been cordoned off must not be entered. Animals are prohibited.
13. It is not permitted to bring still or video cameras, or other image or audio recording devices for commercial purposes. Nachtdigital GmbH can refuse entry to attendees who have brought prohibited devices and/or confiscate such devices until the end of the event. Audio, photo and video recordings are prohibited, except those that are solely for personal use. Contravention will be prosecuted criminally and pursued civilly.
14. Security staff are entitled to search persons, including by using equipment, to assess whether they pose a security risk due to consumption of alcohol or drugs, or due to carrying weapons or dangerous pyrotechnic objects. In such cases, Nachtdigital GmbH is entitled to refuse entry to the event. Persons intoxicated on drugs or alcohol will be refused entry. During events, attendees must occupy the seats specified on their tickets. Instructions given by security staff must be complied with. In the event of breach, the ticket can be revoked and the offender can be banned from the premises. It is prohibited to bring banners for commercial purposes.
15. No compensation is provided in the event of cancellation, or loss of or failure to present the ticket. Supporting documents must be presented for reduced-price tickets. Return or exchange is excluded.
16. We expressly inform ticket users that Nachtdigital will be photographed and filmed and that they may appear in these photographs and/or films such that they can be recognised. By purchasing the ticket and entering the event, the user accepts that images of his/her person may be recorded and that these may be exploited and used, in particular, in film, television, and/or video without limitation in respect of content, time, or location.
17. If it becomes impossible to hold the event for reasons not attributable to Nachtdigital GmbH, the purchaser will be reimbursed for the price of the ticket upon submission of the purchased ticket. If an event is cancelled due to force majeure circumstances, customers have no claim to reimbursement. If it becomes impossible to hold the event for reasons attributable to Nachtdigital GmbH, the purchaser retains the right to assert further damages.
18. With regard to the contract, Nachtdigital GmbH is liable without limitation during the event visit for culpably caused harm to life, body or health. The following applies to damage to other property incurred within the scope of the aforementioned activities performed by Nachtdigital GmbH:
In the case of intent, Nachtdigital GmbH is liable without limitation, and also is liable without limitation for gross negligence if material contractual obligations have been breached. In the event of gross negligence where only non-material contractual obligations are breached, liability is limited to the types of direct, average damage typical for the contract. Liability is also limited to the same extent in the event material contractual obligations are breached due to ordinary negligence. Nachtdigital GmbH is not liable for breach of non-material contractual obligations due to ordinary negligence. Where the liability of Nachtdigital GmbH is excluded or limited, the same exclusion or limitation applies to the liability of any vicarious agents engaged. Nachtdigital GmbH is not liable for disruptions caused by circumstances beyond its control. This applies in particular to impairments attributable to failure or interruption of the telecommunications network or power supply.
19. Nachtdigital GmbH is entitled to exclude attendees from the event for cause, especially if an attendee commits a criminal offence (e.g. bodily harm, theft, drugs dealing). Where Nachtdigital GmbH exercises its right to exclude, the ticket is invalidated. Claims to reimbursement of the ticket value are excluded. Instructions given by security staff must be complied with.
20. Please note that all attendees are liable for damage caused by their conduct. All instructions given by security staff must be fully complied with. Attendees who repeatedly fail to comply with the code of conduct for attendees or the instructions of security staff can be removed from the event location or banned from the location, including for future events.
21. Upon entry, tickets will be replaced by a wristband. Properly sealed wristbands worn on the arm entitle the bearer to enter the festival grounds during the festival. Wristbands must not be given to other persons. Any alteration or transfer of wristbands or fraudulently imitating an access level (VIP wristbands) will result in immediate exclusion from the event and will have consequences under criminal and civil law. Reimbursement of the ticket value upon leaving the grounds before or during the event is excluded.