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Terms and Conditions

General Terms and Conditions of the Body Rhythm Festival Schütz/von Boetticher GbR

Status: March 2019

 

Note: For your convenience, we have provided an English translation of this page. This translation is for informational purposes only, and the definitive version of this page is the German version. https://www.festival.bodyrhythm.de/agb

 

I. Validity of these conditions

 

These General Terms and Conditions apply to all orders placed by a consumer or entrepreneur (hereinafter referred to as "customer") via the online shop of Body Rhythm Festival Schütz/von Boetticher GbR, c/o Soundhafen, Struenseestr. 37, 22767 Hamburg (hereinafter referred to as "Body Rhythm Festival GbR"). Herewith the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.

 

A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

 

 

II. description of services

 

The Body Rhythm Festival GbR is the organizer of the Body Rhythm Festival Hamburg. The festival lasts several days and consists of various workshops, concerts and other events. The exact contents can be found on the website https://www.festival.bodyrhythm.de/ .

 

Tickets will not be sent to you. After booking, the customer will be entered on the participant list by Body Rhythm Festival GbR with the name under which he booked his ticket. On the day of the first booked event, the customer will receive a festival ribbon with this name, which entitles him to attend all events booked by him, provided he shows it undamaged.

 

 

III. conclusion of the contract

 

By placing the tickets in the online shop, Body Rhythm Festival GbR makes a binding offer to close the contract for participation in the respective event. The customer may initially place the tickets in his shopping basket without obligation and change his entries at any time before sending his binding order by using the correction aids provided in the order process.

 

The contract is concluded when the customer accepts the offer for the tickets contained in the shopping basket by clicking on the order button. Immediately after submitting the order, the customer will receive another confirmation by e-mail.

 

In contrast to this, in the case of the payment method "prepayment" the contract is concluded with the sending of the confirmation of receipt of the complete payment by Body Rhythm Festival GbR.

Body Rhythm Festival GbR saves the contract text and sends the customer the order data and these GTC as a link by e-mail. The customer can also view the contract text in the customer login.

 

 

IV. Protection of minors

 

Children and young people under the age of 16 are not entitled to participate in the festival.

 

Young people between the ages of 16 and 17 are only allowed to stay on the festival grounds after midnight with the written permission of their guardians. An appropriate form will be provided by Body Rhythm Festival GbR on request. The permit must be carried by the young person during the entire duration of the event and must be presented at any checks. With the written permission a copy of the identity card of the person with custody must be presented.

 

In addition, the statutory provisions of the German Youth Protection Act (JuSchG) apply to all events.

 

 

V. Right of revocation

 

In principle, consumers have a right of withdrawal. According to § 312 para. 2 sentence 1 no. 9 BGB such a right of revocation does NOT exist for contracts for the provision of services in the areas of accommodation for other purposes than residential purposes, transport of goods, car rental, delivery of food and beverages as well as for the provision of further services in connection with leisure activities, if the contract provides for a specific date or period for the provision of such services. Since the festival visit is a leisure activity for which a certain period is scheduled, there is NO right of withdrawal in this case. This means that the order of tickets immediately after the order confirmation or the confirmation of the receipt of money by the Body Rhythm Festival GbR is binding and obligated to payment.

 

 

VI Cancellation

 

Body Rhythm Festival GbR grants the customer the right to cancel his booking under the following conditions:

 

for cancellations up to 6 weeks before the start of the festival, 20% of the ticket price will be retained, but at least 15,- EUR;

for cancellations 6 to 4 weeks before the start of the festival, 30% of the booked ticket price will be retained, but at least EUR 15,-.

in case of cancellation 4 to 2 weeks before the beginning of the festival 50 % of the booked ticket price will be retained

If a cancellation is made 2 weeks to 2 days before the start of the festival, 80% of the booked ticket price will be retained;

Cancellation later than 2 days before the start of the festival will not be refunded.

 

 

Cancellation must be made in writing (email to festival@bodyrhythm.de is sufficient). In any case, a substitute participant can be provided instead, who must be registered by name. No additional costs will be incurred.

 

 

VII Prices and terms of payment

 

The prices can be viewed on the website https://www.festival.bodyrhythm.de/ . The prices indicated there already include VAT.

 

In the case of payments from countries outside the European Union, further costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) may arise in individual cases, which Body Rhythm Festival GbR is not responsible for and which are to be borne by the customer.

 

The customer will be informed of the payment options during the booking process on the homepage of Body Rhythm Festival GbR.

 

 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

 

If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

 

If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Once the credit card details have been entered by the customer and legitimated as the legitimate cardholder, the credit card company will be requested to initiate the payment transaction immediately after the order has been placed and the customer's credit card will be charged after the order has been placed in the online shop. Body Rhythm Festival GbR remains responsible for general customer enquiries even if the payment method credit card payment is selected.

 

If a payment method offered via the payment service "SOFORT" is selected, payment will be processed via Sofort GmbH, a company of the Klarna Group, based at Theresienhöhe 12.80339 Munich. After placing the order, the customer is forwarded to the Sofort GmbH website. There the data protection regulations of Sofort GmbH apply, which can be viewed here: https://documents.sofort.com/sue/datenschutzhinweise_ch/?print=1

 

In order to be able to pay the invoice amount immediately, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in IMMEDIATELY, legitimise himself by entering the data in the intended mask and confirm the payment order to Body Rhythm Festival GbR. The payment transaction is carried out immediately afterwards and the customer's account is debited.

 

 

 

VIII. Liability and limitation of liability

 

Claims for damages against Body Rhythm Festival GbR are excluded regardless of the legal grounds, unless Body Rhythm Festival GbR, its legal representatives or agents have acted intentionally or grossly negligent. Body Rhythm Festival GbR is only liable for slight negligence if a contractual obligation essential for achieving the purpose of the contract has been breached by Body Rhythm Festival GbR, its legal representatives or vicarious agents. Essential contractual obligations are obligations which the contract imposes on Body Rhythm Festival GbR according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and the compliance with which the customer may regularly rely on.

The above limitation of liability does not apply to claims for damages resulting from injury to life, body or health on the part of Body Rhythm Festival GbR.

Insofar as Body Rhythm Festival GbR is liable for slight negligence according to Clause VIII. 1., the claim for damages shall be limited to the foreseeable damage typical for the contract as well as to the amount of the remuneration according to Clause VI.

Claims for damages against Body Rhythm Festival GbR shall expire 12 months after their occurrence, unless they are based on an unlawful or intentional act.

Insofar as the liability of Body Rhythm Festival GbR is excluded, this also applies to the personal liability of the employees, representatives, partners and partners.

 

IX. Program changes

 

Programme changes may occur at festivals. Body Rhythm Festival GbR will try to find a replacement in case of cancellation of individual lecturers/artists. Claims of the customer due to the cancellation of individual lecturers/artists do not exist. This limitation of liability does not apply if the cancellation is based on intent or gross negligence on the part of Body Rhythm Festival GbR.

 

 

X. Non-feasibility of the event

 

If it becomes impossible to carry out the festival as a whole, the ticket price will be refunded to the customer. If the organizer is responsible for the impossibility of holding the event, the visitor reserves the right to claim damages in accordance with Section VIII in addition to repayment of the purchase price.

 

If it becomes impossible to hold the Festival at a time when parts of the Festival have already been held, the above provision shall apply mutatis mutandis to the part of the Festival affected by the impossibility.

 

If Body Rhythm Festival GbR is not responsible for the impossibility of the event, the customer's claim for (pro rata) reimbursement of the ticket price expires after 6 months. The period of 6 months begins with the day on which Body Rhythm Festival GbR officially cancels the festival or declares it terminated. The period of 6 months does not apply if Body Rhythm Festival GbR is responsible for the impossibility of carrying out the festival.

 

 

XI. Data protection

 

Body Rhythm Festival GbR uses the data of the customer exclusively in accordance with the data protection regulations, which are available on the homepage of Body Rhythm Festival GbR: https://www.festival.bodyrhythm.de/datenschutzerklaerung

 

 

XII. consent to the production and publication of photographs - VOLUNTARILY

 

The customer is informed that during the festival photos and sound recordings (individually and collectively called "material") will be made by the lecturers/artists and the participants. This is done for the purpose of placing selected material in the online presences of Body Rhythm Festival GbR (website, Instagram, Facebook, Youtube), to print it on advertising material for Body Rhythm Festival (e.g. flyers, posters) and/or to include it in newsletters of Body Rhythm Festival GbR. Furthermore, the material shall be passed on to press organs for the purpose of reporting about the festival and/or the Body Rhythm Festival GbR and/or its partners Benjamin Schütz and Detlef von Boetticher. Finally, the material will also be passed on to Mr. Benjamin Schütz for the purpose of posting in his own online presences (Website, Instagram, Facebook, Youtube) as well as for use in his own advertising material.

The production of photos of the customer as well as their use to the extent described above will only take place if the customer has given his consent. Consent can be given during the festival by signing a form available there. It is not a prerequisite for participation in the festival.

 

If the customer agrees, he has the following rights:

According to article 15 DSGVO, the customer is entitled at any time to request Body Rhythm Festival GbR to provide comprehensive information about the personal data stored about you, i.e. the photos.

 

According to article 17 DSGVO, the customer may at any time request Body Rhythm Festival GbR to correct, delete or block individual personal data.

 

In addition, the customer can exercise his right of revocation at any time without stating reasons and change or completely revoke the declaration of consent given with effect for the future. The revocation can either be sent by post to

 

Body Rhythm Festival Schütz/von Boetticher GbR

c/o Soundhafen

Struenseestr. 37

22767 Hamburg, Germany

 

or by e-mail to

 

festival@bodyrhythm.de

 

to be transmitted. There are no other costs than the postage costs. In the event of revocation, the photo will be removed immediately from the page(s) in which it was placed. The right of Body Rhythm Festival GbR to use the photo to the extent described above until the time of revocation shall not be eliminated by the revocation.

 

The contact person for all data protection questions is

Body Rhythm Festival Schütz/von Boetticher GbR

c/o Soundhafen
Struenseestr. 37
22767 Hamburg

festival@bodyrhythm.de

Phone: +49 (0) 40 412 62 309

 

 

XIII. image and sound recordings / working documents

 

The photographing and / or making of picture and sound recordings of any kind is not permitted.

 

The working documents provided to the customer by Body Rhythm Festival GbR and/or the instructors are for personal use only. Any commercial use, duplication, distribution, making available to the public and/or transfer to third parties is not permitted.

XIV. place of jurisdiction and applicable law

 

The law of the Federal Republic of Germany shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. As far as permissible, Hamburg is agreed as place of jurisdiction.

 

 

XV. Alternative Dispute Resolution

 

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

Body Rhythm Festival GbR is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.