Wireless Germany Festival
General Terms and Conditions of the organiser
In purchasing and possessing a ticket to the event, the relevant person accepts the applicability of the Wireless T&Cs.
I. GENERAL PROVISIONS
1. Ticket purchasing
Tickets can only be purchased from CTS EVENTIM AG & Co. KGaA (see www.eventim.de) or from Ticketmaster GmbH (see www.ticketmaster.de). The general terms and conditions of CTS EVENTIM AG & Co. KGaA or Ticketmaster GmbH (depending on the ticketing platform selected) apply exclusively to the handling of the ticket purchase. These are available at https://www.eventim.de/tickets.html?affiliate=EVE&doc=info/terms&language=en for CTS EVENTIM AG & Co. KGaA and at http://www.ticketmaster.de/help/terms.html?language=de-de&tm_link=tm_i_2 for Ticketmaster GmbH.
The Ticket Partner T&Cs are an integral part of these general terms and conditions. In the event of a conflict between the Wireless T&Cs and the Ticket Partner T&Cs, the Wireless T&Cs will take precedence.
Each customer is allowed to purchase a maximum of ten (10) tickets. Should the number of tickets ordered by a customer exceed ten (10), the organiser reserves the right to have the orders exceeding these limitations cancelled by the ticket provider.
2. Admission rights / Safety of Minors
2.1 Children up to the age of 14 may only attend the concerts if accompanied by a guardian and each are in possession of a valid entry ticket. Young people aged between 14 and 16 years are admitted for concerts until midnight if they have parental consent, are accompanied by a guardian or person acting with parental authority, and each are in possession of a valid entry ticket. For young people aged 16 years and over, admission to concerts and musical performances until midnight is approved when unaccompanied by a guardian or person acting with parental authority. The written parental consent / authorisation has to be presented upon entry.
“Persons acting with parental authority” must satisfy the following requirements:
2.2 In order to protect children, we are entitled to refuse children access to the event if, in our discretion, the protection by parents or guardians is not sufficiently guaranteed. In this context, we would like to point out the following: Rock/Pop events are regularly directed at adults and are not suitable for children in these cases. Should parents or guardians nevertheless wish to attend such events together with children, they are responsible for the safety of the children. In particular, appropriate hearing protection must be provided and, if offered for the specific event, seat tickets must be purchased. Details for the respective concert can be obtained from us.
3. Liability of the organiser
The liability of the organiser for damage of any nature is excluded. This exclusion does not apply to damage that the organiser has caused deliberately or through gross negligence; to damage based upon injury to life, body or health in cases of (simple) negligence of the organiser; and for simple negligent breach of essential contractual duties by the organiser. Essential contractual duties are all duties whose fulfilment enables the proper performance of the contract in the first place and on whose adherence the attendee ordinarily relies and is entitled to rely.
In cases of simple negligent breach of essential contractual duties – except for injuries to life, body or health – the liability of the organiser is limited to the damage typical for the contract and foreseeable for the organiser on conclusion of the contract or on commission of the breach of duty. In this respect, the organiser is not liable for damage that is attributable exclusively to the area of risk borne by the attendee.
The above liability exclusions and limitations also apply to the liability of the organiser for the bodies, employees and agents of the same and to the personal liability of the bodies, employees and agents of the organiser.
4. Entering and leaving the festival site
Before entering the festival site for the first time, the entry tickets required for this area are fully validated and a wristband is attached or given to the attendee. This replaces the exit ticket and must be carried along with the entry ticket at all times during the event. The undamaged wristband and entry ticket must be shown when re-entering the festival site; otherwise, there is no entitlement to renewed entry.
“Event site” means the site in its entirety, including the marked paths. “Festival site" means the audience area, which begins after the admission control to the stages (known as the “infield”).
5. Security checks
5.1 A security check, including a body check, is performed by the stewards on admission both to the event site and to the festival site for reasons of security and order as well as waste prevention. The organiser is entitled to refuse admission to the event if the attendee is carrying prohibited items or substances (see the house rules of the festival site) or there is another risk to the health and safety of the attendee or another attendee (e.g. due to aggressive behaviour or if proof of admission entitlement is missing) or the ticket used for entry has been invalidated or the attendee otherwise violates the Wireless T&Cs.
5.2 We reserve the right to also perform random security checks during the event in order to ensure the safety of the event.
5.3 If the attendee is at fault for being refused access to the event or for being removed from the event, there shall be no claim to a refund of the ticket price.
5.4 We reserve the right to refuse access if an attendee refuses to leave behind items which in our reasonable assessment may endanger or disrupt other persons during the event or which are included on the list of prohibited items in the festival site house rules.
The organiser is not obliged to store the items and assumes no liability for their loss.
6. Image and sound recordings on the event site
6.1 Only small cameras and mobile phones with a camera function are permitted on the festival site subject to the condition that these are only intended for personal and not commercial use. Reflex cameras, cameras with zoom lenses or with any type of video function are not permitted. Video cameras and audio recording devices of all types, such as tape recorders, MP3 recorders and dictation devices are also prohibited.
The organiser may refuse the attendee entry to the event site if the attendee is unwilling to leave behind the prohibited devices. Section 5.4 applies accordingly.
6.2 All rights to audio and audio-visual recordings of the festival for purposes of commercial exploitation are reserved by the organiser. No-one may make, transmit and/or make publicly accessible such recordings for commercial purposes without the prior written consent of the organiser. In particular, this includes the distribution of such recordings directly via the internet.
7. Use of sound and image recordings
We will film, live stream and photograph the event and produce audio and audio-visual recordings thereof. In each case, this may include the audience.
The attendee irrevocably consents to the unpaid use of their image and voice for photographs, live broadcasts, transmissions and/or for image and/or sound recordings created by the organiser, their representatives or other third parties in connection with the event, and to their subsequent use in all present and future media (particularly such as in the form of sound and image storage media, and to their digital distribution e.g. on the internet). This means in particular that the attendee grants the organiser and its third-party contractual partners/licensees the right, not limited by time, location or content, to record the attendee’s images, voice, actions and/or statements in any form and configuration without the attendee’s special consent and to reproduce, transmit them or make them publicly accessible and/or distribute them in another way in media of its choice for any commercial or non-commercial purposes.
On and around the festival site, recordings may be made by the police or security personnel for the safety of attendees or the prevention of crime. By entering the festival site, the attendee hereby consents to this.
8. Exclusion of attendees
If good cause exists, particularly if the attendee commits criminal offences on the event site (e.g. assault, theft, drug dealing), lights fireworks or endangers other attendees (e.g. by crowd surfing or similar), then the organiser is entitled to exclude the attendee from the event. If the organiser exercises their exclusion right, then the entry ticket loses its validity. There is no entitlement to re-admission or to a refund of the purchase price.
9. Damage to hearing and health
The festival attendee is aware and agrees that music festivals constitute an environment with high noise levels. Please also be advised that pyrotechnics, lasers, smoke machines, strobe lighting or other special effects may occur during some performances.
The organiser is only liable for damage to hearing and other damage to health if they or their agents are guilty of intent or negligence or if there has been a culpable failure to fulfil a duty to maintain safety. The attendee should avoid proximity to the loudspeakers; corresponding barriers must be strictly respected. The use of hearing protection is strongly recommended, particularly when close to the stages.
The event takes place outdoors. It is highly recommended that suitable clothing and shoes are brought to protect against possible adverse weather conditions.
10. Handling of the entry ticket; Prohibition of commercial resale / use
10.1 The ticket for the festival site must be retained and is no longer transferable after validation.
10.2 Prohibited Transfer: We sell tickets to visitors exclusively for private, non-commercial use. Any commercial or resale of the tickets as part of a business is prohibited. Commercial ticket sales and the ticket sale business are the sole responsibility of Live Nation and our authorized ticket agents. In particular, customers may not: (a) publicly sell tickets or offer such for sale in an auction (e.g., on Ebay); (b) offer for sale or sell tickets on Viagogo, StubHub, Ticketbande; (c) offer or give away tickets for sale at a price higher than the price paid, with a maximum of 15% markup to cover transaction costs; (d) sell or give away tickets to commercial or trade resellers and/or ticket vendors; (e) use or allow tickets to be used or sold for commercial or trade purposes without the prior written consent of Live Nation e.g. for raffle, promotional, marketing purposes or as giveaway, or as part of an unauthorized hospitality or travel package.
10.3 Permitted Transfer: A private transfer of a ticket for non-commercial reasons, in particular in individual cases of illness or other inability of the customer to attend, is permissible, provided there is no case of unauthorised transfer as defined in Clause 10.2. In this case, the customer can only transfer the rights and obligations from the attendance contract to a third party by the third party entering into the attendance contract in his place, assuming all rights and obligations. This entry requires the consent of Live Nation, which is hereby granted under the following conditions: (a) the transfer is a case of permitted transfer as described above in this Section 10.3, (b) the customer expressly notifies the new ticket holder of the applicability and content of these Wireless T&C and the new ticket holder agrees to the application of these Wireless T&C between him or her and Live Nation. The transfer of individual rights from the attendance contract is excluded if one of the conditions stated in (a) or (b) is not met.
10.4 Consequences of a prohibited transfer: A violation of the above conditions (Sections 10.2-10.3) leads, subject to the imposition of a contractual penalty in accordance with Section 10a, to the loss of the right of access without compensation, i.e. the ticket loses its validity in this case and the promoter is entitled to withdraw the ticket as well as other access authorisations without compensation.
10.5 We do not provide reprints (e.g. in the event of loss of tickets). If the ticket has been altered and destroyed in whole or in part, we are entitled to invalidate it.
10.6 Unless expressly stated otherwise during the ordering process, tickets can only be cancelled in the event of cancellation or postponement of the event. Section 12.5 remains unaffected.
10a. Contractual Penalty
10a.1 Requirements: In the event of a culpable breach of these Wireless T&C, in particular of one or more provisions in clause 10.2 (a), (b), (c), (d), or (e) or 10.3 (a) or (b), we shall be entitled, in addition to the other measures and sanctions possible under these Wireless T&C and any claims for damages, to impose a contractual penalty on the respective seller to be determined by us at our reasonable discretion (§ 315 BGB), the reasonableness of which may be reviewed by the competent court in the event of a dispute.
10a.2 Amount: The amount of the contractual penalty shall be determined in particular by taking into account the number and intensity of the infringements, the type and degree of fault (intentional or negligent), efforts and successes of the customer or ticket holder with regard to compensation for damages, the question of whether and to what extent a repeat offender is involved and, in the case of unauthorised resale of tickets, the number of tickets offered, sold, passed on or used as well as any revenues or profits generated by the resale.
11. Attendee arrival / parking / allocation of areas
The attendee is responsible for their journey to the event and parks their vehicle at their own risk. Parking in unmarked areas is prohibited and will be prosecuted; vehicles may only be parked in approved parking areas or car parks. Escape and rescue lanes must be kept clear of any structures at all times.
12. Cancellation / postponement / Programme changes
12.1 The event can be cancelled by the organiser without grounds up until the beginning of the event. Please update yourself on our website www.wireless-festival.de in time before starting your commute to the event in order to understand whether the event takes place as scheduled.
12.2 Programme changes can occur at festivals. In the event of the cancellation of individual artists or groups of artists, the organiser will endeavour to find an appropriate replacement; attendees have no entitlement to claims due to cancellation of individual artists or groups of artists. Admission to event areas with a limited capacity is granted only within the scope of the officially approved audience capacities. If the admission volume is full, then the organiser may restrict admission temporarily, without this forming the basis for a claim to a partial refund.
12.3 Our liability in the event of a cancellation prior to the beginning of the event, a postponement or other material changes to the event is limited to the refund of the face value of the entry ticket. Personal arrangements made by the ticket holder, including for travel and accommodation in conjunction with the event, are made at the ticket holder’s own cost and risk. In such cases, we are not liable beyond refunding the face value of the entry ticket and in particular not for futile expenses incurred. A material change is when a change occurs which makes the event a materially different event than that which can be reasonable expected by the purchaser of a ticket. A change of artist in the lineup of the event does not constitute a material change in this sense. For the limitations of libability the exceptions according to clause I.3 apply accordingly.
12.4 Should the event be postponed, or a material change occur, the ticket price can only be refunded if we or, where appropriate, our ticket partners receive the refund request (and the return of the ticket, where appropriate) in good time. We must receive such refund requests no later than 24 hours prior to the start of the alternative event or the materially changed event as the case may be.
12.5 If the event is cancelled, curtailed or postponed due to circumstances that are outside of the organiser’s reasonable control (e.g. force majeure), the attendee's right to withdraw from the contract is excluded. In the event of cancellation or curtailment, the organiser will schedule a new date for the event insofar as and as soon as possible and reasonable. If the event is postponed or - in the case of cancellation or curtailment - rescheduled, the tickets remain valid for the postponed or rescheduled event.
13. Closure/clearance of areas
For security reasons, the organiser may temporarily or completely clear and close individual areas of the festival site, without this forming the basis of a claim to a partial refund of the ticket price. The related instructions of the organiser or the instructions of people or companies commissioned by the organiser must be followed immediately to prevent danger to life and limb.
14. Weather conditions
In principle, the concert will take place in any weather. However, the organiser reserves the right to interrupt or cancel the event at any time in the case of danger to attendees because of the weather. In the event of a corresponding interruption to the event, the attendee shall have no claims to a full or partial refund of the ticket price.
15. Notices / instructions
Also applicable are the current notices and the instructions of the on-site stewards as well as the current information on the organiser’s official homepage www.wireless-festival.de and the official festival app (where available).
16. Changes to the Wireless T&Cs
We reserve the right to change, supplement, replace or otherwise modify the Wireless T&Cs with immediate effect at any time. When making changes, we will take the interests of the user into appropriate consideration.
If we change the Wireless T&Cs, we will inform you of this on the Wireless website. The changed Wireless T&Cs will become effective six (6) weeks after this notification for all tickets purchased prior to the change, unless you object to the change within six weeks following the notifiation. Attendance of the event following the expiry of this period of six (6) weeks without objection is deemed your consent to the changed Wireless T&Cs.
17. Severability clause
Should any clause of these Wireless T&Cs be or become invalid, the remaining clauses of the terms and conditions will remain expressly unaffected. Where applicable, the invalid clause will be replaced by a valid provision which the parties, acting in good faith, would have agreed if they had known that the provision concerned was invalid and which most closely approximates the economic purpose originally pursued by the invalid provision.
II. PARKING RULES
1. Applicability of the parking rules
The parking rules apply to all parking areas shown on the maps and to the roads and paths belonging to the event site (maps can be viewed at www.wireless-festival.de). By purchasing the entry ticket and/or entering the site, the attendee submits to these parking rules in figure II. The use of the parking areas is subject to charges and is not included in the ticket price for the festival site. The respective valid prices listed by the organiser apply.
2. Orders from stewards and security staff
The orders of stewards and security staff must be followed; they apply in addition to these provisions.
3. Applicability of the German Road Traffic Act / use of the parking areas
The German Road Traffic Act (StVO) applies on the entire event site and in the parking areas. Driving should always be at walking speed in the area of the event site and parking areas. Only vehicles with a total authorised weight up to max. 3.5t incl. vehicle trailer may be parked in the parking areas. Parking in unmarked areas is prohibited and will be prosecuted; vehicles may only be parked in approved parking areas or car parks. Vehicles parked outside marked parking areas or causing an obstruction on roadways or in rescue lanes may be towed away without warning. The costs incurred will be borne by the perpetrator.
There is no entitlement to being granted a specific parking area within the category booked. Parking areas are opened as required and allocated to attendees by stewards. Escape and rescue lanes must be kept clear of any structures at all times.
4. Termination of the parking permit
The parking permit is cancelled if the parked vehicle is uninsured and/or subject to compulsory deregistration and/or has no official number plate with valid inspection tag and/or the vehicle has been parked with a leaking tank/engine or in an unroadworthy condition or in a condition that could pose a hazard.
5. No monitoring of car parks
The vehicles parked in the car parks are not monitored. Vehicles are parked at the owner’s risk. Stewards are employed for marshalling and for checking access authorisations, not for vehicle monitoring.
6. Liability of the organiser
The organiser is generally not liable for damage due to theft or damage to the vehicles parked in the car parks. The organiser is generally not liable for damage and losses incurred by the user and attendee due to burglary, theft, fire, natural phenomena or other incidents. The liability limitations in this figure 6 are subject to the restrictions according to the provision in figure I. 3 (liability of the organiser) of the Wireless Germany Festival Terms and Conditions. Valuables can be deposited in lockers in the left luggage office for a fee. The organiser is not liable for items deposited in the lockers.
7. Rescue routes
Observance of the ground markings of the rescue routes is mandatory. The rescue routes must be kept clear in all circumstances.
8. Prohibition of animals
Animals may not be brought into parking areas.
9. Exclusion from the event
Failure to comply with the parking rules may result in temporary or complete exclusion from the entire event.
10. Other instructions/information
The current notices and the instructions of the on-site stewards as well as the current information on the official homepage www.wireless-festival.de and the official festival app apply in addition to the parking rules.
III. HOUSE RULES OF THE FESTIVAL SITE
1. Applicability of the house rules / festival site
The festival site means the audience area which begins after the admission control to the stages (known as the “infield”). By purchasing the festival ticket and/or entering the site, the attendee submits to these house rules in figure III of the Wireless Germany Festival Terms and Conditions.
2. Orders of security staff and public officials
The orders of public officials and/or security staff employed by the organiser must be followed at all times without reservation.
3. Entry to the festival site
Entry to the festival site is permitted only with an attached, undamaged festival wristband and the associated entry ticket or valid festival pass.
4. No entry for conspicuous attendees
Attendees who are obviously drunk or similarly conspicuous are not entitled to enter the festival site.
5. Security checks / prohibited and permitted items
On entry to the festival site, a search (body check) for prohibited items is conducted on all people.
Prohibited items include:
Carrying the above items may result in rejection of the attendee and exclusion of the attendee from the event; items under figures 5. a, c, h, i that are carried may, subject to a charge, be deposited at storage sites (containers or lockers) which are limited in number and capacity. The organiser assumes no liability for the loss of items from the storage sites. The remaining prohibited items may not be deposited at the storage sites (containers or lockers).
Only the following items may be brought onto the festival site (permitted items):
There are free-of-charge drinking-water taps available on the festival site.
6. Escape routes
Escape routes and steps must be kept free at all times, may not be used as seating and must be crossed quickly.
7. Prohibition of animals
Animals may not be brought onto the festival site.
8. Liability of the organiser / lockers
The organiser is not liable for damage and losses incurred by the user and attendee due to burglary, theft, fire, natural phenomena or other incidents. The restrictions in figure I 3 of the Wireless Terms and Conditions (liability of the organiser) apply accordingly to these liability limitations. Valuables can be deposited in lockers (if available) for a fee. The organiser is not liable for items deposited in the lockers (if available).
9. Handling of waste
During the event, waste must be disposed of in the bins and containers provided for this purpose.
10. Protection of children and young people
We observe the German Youth Protection Act. In order to protect children and young people, admission entitlement applies on all event sites in accordance with section I.2 of the Wireless T&Cs.
11. Use of the toilets
Urinating outside of the toilets and facilities provided for this purpose is not permitted.
Wanton damage to any items or equipment is prohibited and will be prosecuted as vandalism.
13. Prohibition of accessing certain areas
Accessing and climbing ramparts, scaling fences, lampposts, buildings, junction boxes, sanitary stations, portable toilets and other infrastructure facilities on the entire event site is prohibited.
14. Unauthorised presence on the event site
Persons present on the enclosed event site without authorisation will be reported for obtaining services by deception (§ 265a StGB) and for trespass (§ 123 StGB).
15. Consideration requirement
Consideration must be shown towards other festival attendees.
16. Exclusion from the event
Failure to comply with the house rules may result in complete exclusion from the event. The entry ticket is invalidated on exclusion from the event. There is no entitlement to re-admission or to a refund of the purchase price.
17. Prohibition of endangering other attendees
Any endangerment of other attendees – particularly from “crowd surfing”, “circle/wall of death”, “pogo dancing” or lighting fireworks (incl. Bengal lights) – is strictly prohibited and will result in exclusion from the event.
IV. Alternative dispute resolution for consumers
1. If the purchaser is the consumer and has purchased their ticket online, then the organiser advises that, from 15 February 2016, the European Commission has provided a platform for online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN The email address of the organiser is: email@example.com.
2. If the attendee has not purchased their ticket online, then the organiser advises that the organiser is unwilling to participate in dispute resolution proceedings in accordance with the German Consumer Dispute Resolution Act.
3. A consumer is any natural person who purchases a ticket for purposes that are predominantly attributable to neither their commercial nor their independent professional activity.
20. May 2020