General Terms and Conditions
These are the General Terms and Conditions of the European Tour by Apassionata World GmbH.
1. Area of application
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all events of Apassionata World GmbH, represented by the Managing Directors Xiongxiong Lin, Johannes Mock-O’Hara, Weihao Zhao, Kantstraße 24, 10623 Berlin, email: email@example.com (hereinafter referred to as “AWG”).
1.2. The GTC regulate the legal relations between AWG and the individual customers, resellers, corporate and group customers (hereinafter referred to as “Customers”) exclusively. AWG becomes the Customers’ contractual partner regarding AWG events. Contrary general terms and conditions of Customers shall only apply if AWG has expressly agreed in writing to their applicability.
1.3. Resellers undertake to inform each buyer of the following Terms and Conditions on the purchase of the tickets.
2. Admission, ticket processing, discounted tickets, validity
2.1. A binding contract between the Customer and AWG for the purchase of admission tickets will only be concluded on AWG’s acceptance of an offer from the Customer. Acceptance is declared specifically by confirmation of the order by email or letter and, if orders are placed by telephone, directly when the order is taken and, in all cases, always by shipment of the tickets to the customer or when they are deposited at the ticket counter or box office.
2.2. For online ticket orders via the AWG website or for orders placed by telephone, the order will be deemed binding in accordance with Sec. 312g (2) No.9 BGB [German Civil Code] and the Customer will not be able to invoke the right of revocation in the definition of Sec. 355 BGB.
2.3. The Customer purchases the tickets in his own name and on his own account. If the tickets are resold by the Customer, representation of AWG is excluded.
2.4. Unless agreed otherwise, tickets will be mailed to the Customer at his own risk upon receipt of the complete payment. An appropriate shipment fee will be charged for the mailing of tickets. In the event that tickets are lost in the mail or thereafter, the shipment fees will not be refunded. If the Customer books the shipment of tickets by mail, he is obligated to inform AWG at the latest five days before the start of the event if he has not received the tickets by then. In that case, AWG will be entitled to deposit replacement tickets for pickup at the evening box office. When tickets are purchased for an event scheduled five or fewer days after the purchase date, the admission tickets will generally not be shipped but normally deposited at the evening box office. In the event that tickets are lost, including when they have been shipped, replacement tickets will be issued at the evening box office up to one hour before the start of the event if the customer proves which tickets he has purchased by stating the seats concerned or makes this credible otherwise. AWG can demand an appropriate processing fee for the issuance of replacement tickets.
2.5. For orders by phone or in writing and in cases of group sales, AWG reserves the right to charge a processing fee.
2.6. The purchase price to be paid for admission to the event results from the price indicated on the current price lists of AWG plus any shipping and additional fees if applicable. Additional advance booking fees may arise for event contracts that are concluded in advance booking. All fees will be indicated in the course of the ordering process and become payable on the conclusion of the contract.
2.7. If the an option for the purchase of tickets has been granted to the Customer, the option will expire without replacement, insofar as it is not exercised by the Customer within the agreed period.
2.8. Deposited tickets must be picked up at the latest 30 minutes before the start of the event from the respective ticket counter/evening box office at the event venue where the booking number must be stated.
2.9. The ticket entitles exclusively the authorised ticket holder to single admission to the event venue and it will lose validity when the venue is left.
2.10. Up until the receipt of payment, AWG is entitled to refuse admission of the Customer to the event venue or expel him from there and block the ticket. The customer can have the block be lifted by cash payment of the admission price before the start of the event.
3.1. AWG reserves the right to assign a different seat to the Customer for the respective event than the one assigned on the ticket. This applies when it is not possible for AWG for reasons outside of its responsibility to make the seat specified on the ticket available, but the seat assigned in replacement is comparable or of better quality. Otherwise, the Customer will have a right to a refund for the difference to the price specified on the admission ticket.
3.2. AWG furthermore reserves the right to assign a different seat within the confirmed price category to the Customer also for other reasons.
4. Payment date and payment, reservation of title, default
4.1. The purchase price will become payable on confirmation of the order with assignment of a unique order number. Unless agreed otherwise, payments can be remitted by bank transfer, direct debit, cash payment, EC card, credit card or redemptions of valid vouchers issued by AWG.
4.2. Admission tickets remain the property of AWG until complete payment. Should a reverse charge be made for a payment, the Customer will be obligated to pay the unsettled amount immediately and refund of all costs incurred by AWG for the reverse charge (e.g. bank fees, fees of third parties). In addition, AWG will charge a processing fee of EUR 10 in the case of a reverse charge on a payment. It remains at the Customer’s discretion to prove that AWG has not incurred a loss in this amount in this connection. In the case of a reverse charge on a payment, AWG will be entitled, in alternative to the foregoing provisions, to withdraw from the contract and it reserves the right for this case to sell the tickets for the relevant seats to another party. Reserved tickets that are not paid on time will be released for general sales upon expiration of the payment period without further request.
4.3. In case of a default on payment, AWG will be entitled to demand interest in the amount of 5% p.a. above the respective base interest rate of Deutsche Bundesbank, unless AWG proves the charge of a higher interest rate or the Customer proves the charge of a lower interest rate. Claims of further damages are not excluded thereby.
5. Discounted admission prices
5.1 Children below the age of 5 years in the company of an adult receive free admission without a claim to their own seat (lap-seated children). Provided the corresponding ID is presented as proof when purchasing a ticket, children from ages 5 to 12, pupils, students, trainees, persons performing federal volunteer services, and pensioners, senior citizens and people with serious disabilities (80% degree of disability) receive discounts on the regular price of the respective category in the amount specified on AWG’s price list valid on the purchase date of the respective ticket. People with serious disabilities will receive a free ticket for a person accompanying them if the ID is classified into category “B”.
5.2. AWG will additionally grant, if applicable, certain predefined discounts that apply only on specific dates and at AWG’s sole discretion. Discounts of this kind will be advertised if applicable in the corresponding announcements of AWG (e.g. on its website or in other advertising material of AWG).
5.3. AWG will request that valid proof of a corresponding entitlement be presented for all discounted tickets before admission. The identity of the beneficiary must be proven by a document with photo ID. If no proof can be presented, the difference to the full ticket price must be paid in retrospect. Otherwise, admission cannot be granted.
5.4. Multiple discounts per ticket cannot be granted.
5.5. After completion of the booking process, discounts can no longer be considered.
6. Return and exchange of tickets, loss of tickets
6.1. Returns or exchanges of tickets are generally excluded.
6.2. If the event is cancelled, AWG will offer the Customer an exchange for an equivalent ticket to another event of his choice or it will refund the purchase price respectively against the return of the original ticket. The request for exchange or return must be received without delay by AWG, at the latest within six months after the cancelled event. Otherwise, the claim to the refund will be lost. Within the aforementioned period, the Customer must return the ticket stating his request for exchange or refund to the point of sales where the ticket was purchased. If the ticket is purchased via the AWG website, the ticket including the request for exchange or refund must be sent to the following address within the aforementioned period: Apassionata World GmbH, Kantstraße 24, 10623 Berlin. In case of a request for refund, the admission price itself will be refunded by AWG by bank transfer to an account to be specified by the Customer. Any repayment of advance booking or other fees is the responsibility of the respective reseller. Further claims of the Customer (e.g. costs for travel/accommodation) are excluded.
6.3. If the event is stopped in progress, the admission price will only be refunded if less than half of the complete duration of the event was completed. In that case, notice of a claim for refund shall be sent within 14 days in text form (email is sufficient) to AWG at the aforementioned address or by email with the original or scanned-in tickets attached to firstname.lastname@example.org.
6.4. If events are cancelled or stopped in progress for reasons outside of AWG’s responsibility (force majeure), AWG will be released from the performance obligation. A claim for refund will not be established for the Customer in such cases.
6.5. It is not permissible to take a different seat than the one specified on the ticket. In case of an impermissible change of seats, the difference in the price can be charged or the customer can be expelled from this seat or the event.
7. Start of the event, admission
7.1. The event venue is generally opened one hour before the start of the event.
7.2. After the start of an event, Customers can only be admitted to the audience during a suitable intermission in consideration of the performing artists and the other members of the audience. There is no right to an intermission. There is furthermore no right to a refund for the unused tickets.
7.3. Spaces for people using wheelchairs are available only to limited extent. They have a right to a barrier-free space only if they have stated that they require such a space when they purchased the ticket.
8. Changes in the schedule and cast of performances
AWG reserves the right to change the schedule, performing cast, show acts as well as other components or the title of the show also on short notice.
9. House rules, conduct at the event venue
9.1. The rules of conduct contained in these GTC and the instructions of the orderlies must be followed. In case of disregard – irrespective of other claims – the immediate expulsion from the event venue and the surrounding premises can be ordered
9.2. Bringing along glass receptacles, bulky items, pyrotechnical objects, flares, sparklers, weapons and similar dangerous objects, as well as bringing along pets to the event venue is prohibited. In case of disregard for this prohibition, expulsion from the event venue and the surrounding premises of the event venue respectively can be ordered. Apassionata World GmbH is authorised to take objects of the aforementioned kind into temporary custody or possession.
9.3. Smoking in the rooms of the event venue is prohibited.
9.4. It is prohibited to bring along food and beverages to the rooms of the event venue. Likewise, the consumption of food and beverages in the audience is generally prohibited.
9.5. Objects that are suitable to disrupt the performance (e.g. mobile phones, electronic watches) must be switched off before the start of the performance.
9.6. Customers can be expelled from the running performance if they disrupt or cause nuisance to other Customers. They can also be refused admission if there is reason to fear of such. In addition, AWG can declare these persons banned from the site. The price for admission will not be refunded in these cases.
9.7. In addition, the house rules of the operators of the respective event venues apply, which are brought to the attention of the Customers in the entrance areas of the event venues or which can be accessed on their websites.
10. Audio, photo and video recordings
10.1. Audio, photo and video recordings of the AWG shows on the tour are permitted exclusively for private use, whereas the use of flashlights or other illuminants for lighting of the recordings is prohibited. In case of violations of the prohibition of the use of flashlights or other illuminants for lighting of the recordings, AWG will be authorised to collect recording devices and cameras and retain them until the end of the event. Bringing along photo cameras and other audio, photo and video recording devices for the purpose of commercial use is generally prohibited.
10.2. Each Customer irrevocably consents to the free use of his picture or voice for photographs, live broadcasts, shows and/or video and/or audio recordings in all present and future media that are produced by AWG or its agents in connection with the event.
11.1. Coats, umbrellas, canes and large bags and similar items must be handed off to the wardrobe of the event venue where these items will be kept.
11.2. The contract on the retention of the items to be handed off will come into effect between the Customer and the respective operator of the event venue or the service provider engaged by the latter. AWG does not accept any liability to the Customer in this context.
12. Liability limitation
12.1. The stay at the event venue is at own risk. AWG, its legal representatives and vicarious agents shall be liable only in cases of intent or gross negligence of AWG in connection with a damage that is suffered by the Customer in the audience of the event venue. In the case of a violation of essential contractual duties, liability applies even in cases of simple negligence, whereas limited to the predictable damage that is typical for the contract. Claims of damages resulting from the injury of life, body or health and such under the Product Liability Act remain unaffected by the foregoing limitations.
12.2. Not Apassionata World GmbH shall be liable for external services (e.g. gastronomic services) and any damages resulting from them but directly the respective service provider.
13. Applicable law, data privacy, place of jurisdiction
13.1. Exclusively German law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.
13.2. All data transmitted by the Customer will be processed and handled by AWG in observation of the relevant data privacy laws.
13.3. The European Commission has made a platform available for online dispute resolution, where Customers can submit potential complaints via the following link: http://ec.europa.eu/consumers/odr/. AWG is not willing or obligated to participate in the dispute resolution procedure before a consumer arbitration office
13.4. The exclusive place of jurisdiction for all disputes arising from and in connection with these GTC, to the extent permitted by law, is Berlin.
Apassionata World GmbH