Terms and conditions
1. Scope of application
1.1 The following General Terms and Conditions shall apply to any (online) purchase of Tickets for music and dance events organized and/or performed by Hood Techno Kollektiv (hereinafter HTK).
1.2 By submitting an offer to purchase Tickets online (cf. Section 2.2, Sentence 2), the Buyer agrees to the General Terms and Conditions of HTK set forth below. Any general terms and conditions of the Purchaser that deviate from or supplement the general terms and conditions set forth below shall be deemed not to have been accepted by the Purchaser. This shall also apply if HTK does not expressly object to them.
2. Conclusion of Contract
2.1 The contract is concluded by the customer’s offer and its acceptance by HTK.
2.2 The provision of the web store and the music and dance events communicated therein, as well as the provision of an online ordering system by HTK, is merely an invitation to submit an offer by the customer and is not an offer itself. The offer of the customer is declared by sending his ticket order after choosing the payment mode by clicking the “place order” icon. The offer shall be deemed to have been received upon receipt of the order on the server on which the Foundation hosts/has hosted the order receipts.
2.3 Acceptance of the offer shall be effected by HTK sending a confirmation e-mail including an online ticket to the Buyer. The acceptance shall be deemed received upon receipt of the mail on the incoming mail server (email server) on which the Purchaser hosts/has hosted its emails.
2.4 In the confirmation mail there is a link to download or print the ticket.
3. Obligations of the HTK
3.1 HTK is obligated to send the Buyer a link, under which the Buyer will receive the following information:
– Name of the ordered music and dance event
– day and time of the event
– confirmation documenting that the tickets have already been paid for
– The possibility to download or print the ticket with QR code to the event.
3.2 The HTK is obligated to grant one-time admission to the participation of those person(s) at an event who, at the beginning of an event or the agreed starting time, legitimize themselves by means of a ticket that can be read in its entirety in accordance with 3.1.
If there are several printouts of a digital ticket according to section 3.1, the HTK is obliged to allow the one-time use of the ticket by the person(s) who legitimize themselves at the beginning of an event or the time slot in the first place by an overall readable ticket according to 3.1.
The obligation to participate without legitimation of a ticket that can be read in its entirety in accordance with section 3.1 does not exist even if a purchase contract in accordance with section 2 has been validly concluded and the purchaser has fulfilled his payment obligation in accordance with section 4.1.
HTK shall not be obligated to procure a replacement for a ticket that is lost by the Buyer after receipt of the confirmation e-mail together with the attachment (Sections 2.3/2.4).
3.3 The content and artistic design of the music and dance events is the sole responsibility of HTK. If HTK deems a change in content to be appropriate or necessary for other reasons, it may do so at any time and shall fulfill its contractual obligations by arranging participation in events that have been changed in this manner.
3.4 HTK is not obligated to wait for late purchasers of an online ticket before starting an event or the time slot. The events will start punctually at the time indicated on the ticket. HTK is not obliged to escort a late purchaser of a ticket to the event that has already started.
4. Obligations of the buyer
4.1 The buyer is obliged to pay the purchase price of the tickets ordered by him. The purchase price is due immediately. It shall be deemed paid upon receipt of payment on HTK’s bank account.
4.2 The Buyer is obligated to ensure that he/she has the technical requirements necessary for digital reproduction or printout of the digital reproduction of the ticket. These include:
– the availability of a pdf reader,
– the use of white paper in A4/letter format
– printout in original size (100%)
4.3 The Purchaser is obliged to ensure the readability of the QR code on the ticket provided in accordance with section 3.1 when participating in the event. In particular, he is obliged to avoid any kind of soiling and/or damage to the QR code and to ensure a legible printout or digital reproduction on site.
4.4 The purchaser is obligated to refrain from reselling tickets pursuant to section 3.1 and to keep the tickets in a safe place like cash or conventional tickets in order to prevent misuse.
4.5 The Buyer is obligated to check the accuracy of the information on his ticket pursuant to Section 3.1 immediately after receipt of the confirmation e-mail pursuant to Section 2.3 and to notify HTK of any deviations from the content of his order within 48 hours after receipt of the confirmation e-mail. If HTK does not receive any complaint within this period, the content of the ticket shall be deemed to be the agreed subject matter of the contract. Changes shall only become effective after renewed confirmation.
4.6 The Purchaser is aware that the events of HTK are events in public space. The Buyer is obligated to behave appropriately during participation in order to counteract the risk of health and/or damage to himself and others as well as to property carried along.
5. Right of Withdrawal / Cancellation / Reversal
5.1 HTK shall be entitled to withdraw from a contract for participation in an event if the weather conditions permit the performance of an event only under an increase of danger for the participants and/or in other cases of impossibility of the performance to be rendered and in cases of force majeure and/or in cases of obvious pricing errors. HTK reserves the right to deny entry to the purchaser of a ticket on the day of the event or to exclude him/her from the event if he/she poses a danger to other guests or does not behave appropriately.
Likewise, HTK may withdraw from a contract for participation in an event if its execution is impossible for technical reasons.
In such cases, HTK will immediately inform the Buyer that the event will not be held and will immediately refund any purchase price already paid.
5.2 In principle, the Buyer shall not be entitled to the return of tickets. In the case of leisure services with a fixed date of performance, in particular the sale of tickets for events, there is no distance selling transaction pursuant to Section 312 b (3) (6) of the German Civil Code (BGB), so that there is no right of revocation or return.
5.3 The purchaser shall not be entitled to rescission of the purchase contract if he/she does not carry a ticket that can be read in its entirety in accordance with section 3.1 on the day of the event and is refused entry to an event for this reason.
6. Commercial rights and copyrights
6.1 The contents of the website of the online store, as well as the software on which it is based, are protected by copyright. The company names, logos and/or product names mentioned on the web pages may be protected as industrial property rights.
6.2 HTK expressly reserves all rights to which it is entitled by virtue of statutory provisions. This applies in particular to any unauthorized use of texts, images, and the design of the online store page published in the online store. Any use not expressly permitted in these General Terms and Conditions requires the prior, express, written consent of HTK.
7. Exclusion of warranty and limitation of liability
7.1 Warranty or liability claims based on taste or displeasure are excluded.
7.2 HTK shall only be liable for intent and gross negligence. The limitation shall not apply to liability with respect to such damages resulting from injury to life, body or health. In this context, the purchaser acknowledges that moving in public areas is not a matter of specially protected areas. Participation is therefore at the buyer’s own risk. HTK shall not be liable for any damage caused by the Buyer’s conduct that is contrary to its obligations pursuant to Section 4.6.
7.3 HTK shall only be liable for breaches of duty by its vicarious agents that are based on intent or gross negligence. This limitation does not apply to liability for damages resulting from injury to life, body or health. The regulation according to section 7.2 paragraph 2 applies accordingly.
8. Data protection
9. Final provisions
9.1 The law of the Federal Republic of Germany shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
9.2 Should individual clauses in these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of these clauses. The parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic and, moreover, actually intended result.