General Terms and Conditions of DreamHaus GmbH
1. SCOPE
1.1 These General Terms and Conditions (hereinafter: "Terms & Conditions") apply to the of concerts organized by DreamHaus GmbH, Kurfürstendamm 59, 10707 Berlin, Managing Director: Matthias Schwarz, Register Court: Amtsgericht Berlin (Charlottenburg), HRB: 214221 (hereinafter: "DreamHaus" or "We") alone and/or jointly with local promoters.
1.2 Reference is made to the General Terms and Conditions of Business of our sales partners (hereinafter: "Sales Partners"), who broker the sale of Tickets in our name and on our account (e.g. CTS EVENTIM AG & Co. KGaA, www.eventim.de), as well as the General Terms and Conditions of Business and house rules of the respective venue (hereinafter: "Venue"). For further details, please refer to the websites of our sales partners and the event venues (hereinafter: "you" or "buyer"). In the event of any deviating provisions, the present Terms & Conditions of DreamHaus shall take precedence.
1.3 If you use your own, differently worded general terms and conditions, these shall not become part of the contract unless we have previously agreed to them in writing.
2. CONCLUSION OF CONTRACT
2.1 In accordance with the present Terms & Conditions , a contract is concluded between you and us for the attendance of the respective (concert) event. The contract is concluded via our sales partners (see 1.2).
2.2 Upon conclusion of the contract, the ticket purchase price, which consists of the basic ticket price, advance booking fee, system fee and other fees, in each case including statutory VAT (hereinafter "ticket purchase price"), shall be due for payment immediately. The Ticket Purchase Price is due in full to DreamHaus . Our sales partners may charge additional fees in their own name.
2.3 Until full payment of the ticket purchase price, the Tickets remain our property and do not entitle to admission until then.
2.4 The risk of accidental loss shall pass to the purchaser upon handover of the Tickets to the shipping company. In the event of a subsequent loss, there will be no refund of the ticket purchase price and also no handover of of replacement tickets.
2.5 Each ticket entitles only one person to enter the event. The ticket loses its validity upon leaving the event or after being activated once (onlineTickets). Multiple use of Tickets is expressly prohibited.
2.6 Due to the experiences in connection with the SARS-CoV2 pandemic, we cannot guarantee that the event will take place at the planned Date and in the planned venue. We therefore reserve the right to cancel and reschedule the event. Please refer to section 4 and section 6.
3. ACCESS RIGHTS AND RESTRICTIONS
3.1 Children under 6 years of age are not permitted to enter. Children under 6 years of age may not be (co-)purchased a ticket by an authorized third party either. Children between the ages of 6 and 14 may attend the concerts only if accompanied by a person authorized to act as their guardian, who in turn also has a ticket. The person with custody must supervise the child during the entire event. Adolescents between 14 and 16 years of age are only permitted to attend concerts until 24:00 hrs. without the accompaniment of a person with legal guardianship if they have written permission from their parents. Written permission must be presented upon entry. Adolescents between the ages of 14 and 16 will also only be admitted if they can prove their identity by means of a valid child or student ID. Adolescents 16 years of age and older will be admitted to concerts and musical performances after midnight without being accompanied by a person authorized to act as a guardian. As a rule, parents are authorized to act as guardians, but not persons with parental authority (e.g. an older friend). The aforementioned rules apply exclusively to concerts and not to any dance events. The legal provisions of the German Youth Protection Act (JuSchG) apply.
3.2 Carrying of
- Weapons of any kind, especially firearms, cutting weapons, stabbing weapons and other weapons
- Tools of any kind, especially screwdrivers, saws, axes, hatchets, hammers, (pocket) knives and other tools
- Pyrotechnic objects of any kind, especially flares, fireworks, sparklers and other pyrotechnic objects
- objects that can be used as projectiles, especially bottles, cans and other objects
- flashlights, laser pointers, backpacks, bags, umbrellas
at the event is prohibited.
3.3 In the event of violations of section 3.1 or section 3.2, DreamHaus is entitled to refuse admission or to exclude the purchaser from the event at a later date of . The ticket purchase price will not be refunded. Cancellations will not be made.
4. cancellation, rescheduling and restriction of the event
4.1 We reserve the right to reschedule or cancel the event in advance for reasons beyond our control (e.g. due to force majeure, illness of the artist, etc.) of .
4.2 If we postpone the event pursuant to section 4.1, the Tickets shall remain valid. We will reschedule the event as soon as possible and reasonable and intend to do so within a period of of not exceeding 24 months from the original date of the event. The duration of the period is largely dependent on when the reasons stated in section 4.1 no longer apply and when it is possible to hold the event again, taking particular account of the availability of the artists and the venues. We or our sales partner will inform you as soon as possible about the date of the rescheduled event. If, in individual cases, it is demonstrably unreasonable for you to postpone the event in view of your personal circumstances (e.g. due to an already booked vacation trip on the new event date), the basic ticket price including statutory VAT (cf. Section 2.2) will be refunded provided that you send us the relevant evidence and the original ticket is received by the sales partner through whom you purchased the ticket. If the relevant evidence is not sent or if the original ticket is not received by the sales partner - for whatever reason - there is no entitlement to a refund.
4.3 If we cancel the event in accordance with section 4.1, the ticket becomes invalid and no longer entitles you to admission. In this case, you are entitled to a refund of the basic ticket price including statutory VAT (see section 2.2). The claim must be made to our sales partner from whom you purchased the ticket within 30 days of the cancelled event date at the latest. of If the deadline of cannot be met for reasons for which you are not responsible, this must be proven by submitting of documentation. If this is not done, the claim will be forfeited.
4.4 Any further claims, in particular claims for reimbursement, do not exist and are hereby expressly excluded. As a matter of principle, fees paid (e.g. advance booking fee and system fee, Clause 2.2) shall not be refunded. Against a claim for reimbursement of fees, we declare the set-off with our claim for value replacement, which exists in the same amount due to the corresponding services already rendered (e.g. brokerage service, use of the ticket system, etc.). Likewise, travel and accommodation costs of any kind will not be refunded as a matter of principle.
4.5 For specific handling in the event of a postponement or cancellation in accordance with section 4, please also refer to the instructions of our sales partner from whom you purchased the ticket.
4.6 The above provisions shall in no way affect the rights to which you are entitled in the event of a breach of duty for which we are responsible. In addition, please take into account the provision in Section 5.
4.7 Cases of COVID-19 pandemic and similarly contagious diseases are excluded from of Sections 4.1 - 4.6 and are covered exclusively of Section 6.
5. liability of DREAMHAUS
5.1 Claims of the purchaser for damages are excluded. Excluded from this are claims for damages by the buyer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on our part, on the part of our legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
5.2 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 of the Buyer are based on injury to life, body or health.
5.3 The restrictions of Clauses 5.1 and 5.2 shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
5.4 The limitations of liability resulting from Clauses 5.1 and 5.2 shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the item. The same shall apply insofar as we and you have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
6. MEASURES RELATING TO COVID-19 PANDEMIA AND SIMILAR DISEASES
6.1 Security and health checks on entry/exclusion of of the event
6.1.1 DreamHaus reserves the right, in view of the COVID 19 pandemic and similar contagious diseases, to request, to the extent reasonable, the transmission or provision of personal data for infection prevention as well as for contact tracing, proof of the implementation of appropriate infection protection measures (testing and/or proof of immunization), and cooperation in appropriate health controls (e.g. temperature measurements).
6.1.2 DreamHaus is entitled to refuse admission to the event and to exclude the purchaser from remaining on the event premises if the purchaser:
a. fails to provide required personal data, in particular of health data, (first and last name, address, telephone number or e-mail address, declarations on health status and stay in risk areas) prior to arrival and prior to the start of the event, whereby DreamHaus is entitled in particular - in compliance with the statutory regulations, in particular data protection law - to forward this data to the competent authorities (e.g..e.g. health authorities), or
b. does not provide proof of the implementation of required infection protection measures, such as a current negative test for the coronavirus, which must not be older than 24 hours, or suitable proof of immunization (proof of complete vaccination or a completely healed infection with the coronavirus, including any required follow-up vaccinations) as well as, if applicable, both (i.e. negative test result and proof of immunization), or
c. Has been infected with coronavirus, has had contact with an infected person, or has been in a high-risk or virus-variant area in the two weeks prior to the start of the event, and has failed to provide evidence that he/she has taken the measures required by law or by the authorities or otherwise required for infection prevention (e.g.e.g., quarantine, testing),
d. exhibits elevated body temperature, respiratory symptoms, impaired sense of smell and taste, or other typical signs of coronavirus infection that reasonably indicate that of the purchaser poses a health risk, or
e. Refuses to have his or her body temperature taken or refuses to participate in other reasonable health checks,
unless denial of entry or exclusion from the event site is disproportionate in the individual case and the measures in (a.) through (e.) above appear reasonable based on the prognosis to be made of DreamHaus with respect to the of health hazards posed by the COVID-19 pandemic.
6.1.3 If DreamHaus of makes use of its right of exclusion, the ticket shall lose its validity. A claim for renewed admission or for refund of the purchase price is excluded.
6.2. preventive measures and instructions during the event
6.2.1 DreamHaus may order other appropriate preventive measures, require cooperative acts and prescribe rules of conduct, in particular to meet health-related requirements. For example, DreamHaus may order:
a. Wearing of medical mouth-nose coverings (e.g. FFP2 masks) before and on the event site;
b. Adhering to of hygiene rules (distance requirements, disinfection measures, etc.) and following a protection and/or hygiene concept;
c. Participating in testing and safety measures, e.g., taking body temperature or participating in rapid tests to detect or rule out of infectious diseases (e.g., SARS-CoV-2 virus including mutated viral forms);
d. Submitting of other evidence and proof that is useful and appropriate to convey safety- or health-related aspects.
6.2.2 The purchasers must comply with the orders of DreamHaus and the relevant instructions of the security staff. DreamHaus may make attendance at the event or remaining on the event premises conditional upon compliance with its orders and instructions. If DreamHaus of exercises its right to exclude users, the provisions of section 6.1.3 apply.
6.3 Existence of Infection risks
DreamHaus points out that even with the full implementation of an appropriate protection and hygiene concept and compliance with all required hygiene measures, an infection of the buyer with the coronavirus (SARS-CoV-2) or other pathogens can not be completely excluded.
6.4 Cancellation / rescheduling / reduction of the number of participants
6.4.1 If the event is cancelled, terminated or postponed due to circumstances beyond the control of DreamHaus and not covered by of (e.g. restrictions due to Covid-19 including mutations and similar infectious diseases), DreamHaus will cancel or postpone the event. In the event of cancellation, sections 4.3 - 4.6 shall apply accordingly. In case of postponement, the Tickets remain valid.
6.4.2 If, after the start of advance ticket sales, the maximum number of visitors must be limited in view of the COVID 19 pandemic or a similarly contagious disease and if the number of Tickets sold exceeds the then permissible number of visitors, DreamHaus is entitled to cancel Tickets to the extent necessary. The same applies to Tickets, which entitles the holder to visit special areas (e.g. backstage area). Furthermore, DreamHaus is entitled in this case to redistribute seats within the same price category to the extent necessary, e.g. in order to maintain necessary distances between visitors, as well as - at no extra charge - to assign the purchaser a seat of a higher price category or to convert standing room into seats.
The assignment of of seats of a lower price category as well as the conversion of of seats into standing room is only possible against reimbursement of the price difference; in this case the purchaser is entitled to withdraw from the contract within a reasonable period to be set by of DreamHaus after receipt of the notification of this assignment or conversion. DreamHaus
DreamHaus will use an appropriate, transparent and non-discriminatory procedure to determine which Tickets will be cancelled or converted and how any redistribution of Tickets will be carried out.
For cancelled Tickets , the purchaser will receive a refund of the ticket price printed on the ticket or, at the option of of DreamHaus , a corresponding value voucher if DreamHaus is entitled by law to issue of vouchers in this case. Further claims for compensation or reimbursement of expenses (e.g. in relation to cancellation costs for travel or hotel bookings) do not exist. In all other respects, the exclusions and limitations of liability of these General Terms and Conditions shall apply (see Section 5).
7. SOUND, PHOTO AND FILM RECORDING
7.1 Audio tape recorders, film, photo or video cameras may not be carried or operated at the event. Mobile devices, tablets, and similar devices with recording capabilities may be carried but not operated for the purpose of of sound, photo, and/or film recording.
7.2 The making of of sound, photo and/or film recordings in the event location is generally prohibited. In the event of a violation, they are obliged to immediately and irrevocably delete the sound, photo and/or film recordings. Films and recording materials of any kind on which parts of the event are captured can of us confiscated and kept until the end of the event. They will be returned to the owner if the owner has agreed to the prior deletion of the recording. We expressly reserve the right to exclude you from the event in the event of an infringement of , Clause 3.3 applies accordingly in this case.
7.3 Any exploitation, in particular the dissemination and making available to the public (e.g. on the Internet, via social media, etc.) of of sound, photo and film recordings made in contravention of Section 7.2 is prohibited.
7.4 With the purchase of the Tickets you agree that we ourselves and/or via third parties produce sound/photo and film recordings of any kind and manner (e.g. radio/TV/streaming recordings etc.) within the scope of the events, in particular also those that depict you recognizably and individually, and that we ourselves and/or via third parties exploit these in any form, in particular (but not conclusively) reproduce, distribute, make publicly accessible, broadcast etc. the recordings ourselves and/or via third parties, without any restrictions in terms of time, place and content. Your consent is expressly given with a waiver of any claim to remuneration.
8. NO RIGHT OF REVOCATION
We offer services from the field of leisure events, i.e. tickets for events/concerts. Therefore, there is no distance contract according to § 312g Abs.2 Nr.9 BGB. This means that a two-week right of revocation and return does not exist. Each order of tickets is therefore binding immediately after confirmation by our sales partners and obligates the customer to accept and pay for the ordered tickets.
9. DISPUTE RESOLUTION
9.1 Online Dispute Resolution pursuant to Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
9.2 Information on dispute resolution procedures before consumer arbitration boards (§ 36 VSBG): DreamHaus GmbH, Kurfürstendamm 59, 10707 Berlin, Managing Director: Matthias Schwarz, is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10. APPLICABLE LAW, Privacy Policy, JURISDICTION
10.1 The law of the Federal Republic of Germany shall apply to the contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Buyer has his habitual residence as a consumer, shall remain unaffected.
10.2 The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
10.3 All data transmitted shall be processed in compliance with the relevant data protection provisions. The data protection provisions of DreamHaus are available at .... In addition, the data protection provisions of our sales partners shall apply.
10.4 The exclusive place of jurisdiction for all disputes arising from and in connection with these Terms & Conditions is - to the extent permitted by law - Berlin.
Status: 01.01.2021
