TERMS OF SERVICE

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for the purchase of tickets (tickets) and visit to the event "Bohème Sauvage"

by the organizer Else Edelstahl / EDELSTAHL Events & Productions GmbH

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§ 1 Contract partner / basis of contract

(1) The  Edelstahl Events & Productions GmbH, represented by Mrs. Else Edelstahl, Seumestr. 7, 10245 Berlin (hereinafter "Organizer") organizes the event format entitled "Bohème Sauvage" (hereinafter "Event").

(2) The organizer has also licensed the “Bohème Sauvage” event format to various organizers nationwide and for the destinations Austria and Switzerland. These independent organizers are cooperation partners of the organizer and the sole contractual partners of the visitors for the respective "Bohème Sauvage" events.

(3) The “Bohème Sauvage” event format  includes a stage program and is inspired by the French Belle Epoque, the Berlin Roaring Twenties and the American Swingin' Thirties. Accordingly, there is a 1900s to 1930s style dress code to attend the event.

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§ 2 Scope, definition of terms

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(1) These general terms and conditions (hereinafter “GTC”) regulate the legal relationship between the organizer and the visitor. With the purchase of the admission ticket (also called ticket) for the event, a visitor contract for the event is concluded between the organizer and the ticket purchaser. The General Terms and Conditions apply to the purchase of tickets for the "Bohème Sauvage" event from visitors/ticket buyers and thus to the legal relationship between the organizer and the ticket buyer. They are part of the visitor contract, which comes about through the purchase of admission tickets.

(2) The GTC apply to natural persons (private individuals) as well as to companies, merchants, commercial persons, legal entities under public law and special funds under public law (companies).

(3) Additional or conflicting contractual conditions of the ticket purchaser only apply if the organizer has expressly acknowledged them in writing.

(4) To name the processes with regard to the purchase of admission tickets (so-called small bearer paper), the General Terms and Conditions refer to ticket (advance) sale in accordance with common event practice. Legally, the conclusion of the visitor contract is not a purchase contract, but a work contract with tenancy law. Because the ultimate goal of a visitor contract is not – as with a purchase contract – the transfer of a thing or a right to one's own assets. Rather, the ticket purchaser is solely concerned with acquiring visitor rights.

(5) An admission ticket, also known as a ticket, is a small bearer document within the meaning of Section 807 of the German Civil Code and is therefore a security that embodies the right to the service. The ticket only entitles the ticket holder to access the event and to demand the promised service from the organizer. When purchasing a ticket, it is not primarily about acquiring ownership of the ticket, but about acquiring the right to be a visitor to the event organizer and the claim against the event organizer to stage the announced event.

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§ 3 Access Authorization

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Only persons over the age of 18 are entitled to access the event upon presentation of a valid ticket. Accompanied by the legal representative (legal guardian) or an adult supervisor and with the prior written consent of the legal representative, young people aged 16 and 17 have access to the event. The prerequisite for the right of access is the submission of the written consent of the legal representative of the young person to participate in the event, naming the participating educational officer. Both the young person and the accompanying person must carry their identity card with them upon entry, as well as a copy of the identity card of the legal representative. If these requirements and evidence are not observed, access will be denied. This only applies if the respective house rules of the event location are not violated.

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§ 4 contractual obligations

(1) The services and obligations of the organizer and the venues can be found in printable form in the respective event announcement, in particular on the organizer's homepage www.boheme-sauvage.com.

(2) The organizer reserves the right to change the time or location of the event. The relocation will be announced by the organizer immediately via their homepage  www.boheme-sauvage.com  and if possible also via the daily press, radio, any social media presence and on telephone request. Prior to major expenses for the visit (travel, etc.), we urgently recommend checking the website or writing to the organizer on the day of the event. If an event is rescheduled to another date, the ticket is valid for the new event date. The right to return the ticket if the event is rescheduled is laid down in Section 9 of these General Terms and Conditions.

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§ 5 Conclusion of Contract / Due Date of Payment

(1) The website and other advertising and references by the organizer to event materials and tickets do not contain an offer to conclude a contract, but rather a request for the ticket purchaser to submit an offer.

(2) The payment of the ticket price and any shipping and processing fees incurred is due upon conclusion of the contract for the ticket purchase.

(3) The costs of electronic payment transactions are to be paid by the ticket purchaser. This also includes fees imposed on the organizer by credit card companies or other credit institutions issuing cards.

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§ 6 Ticket sales / ticket dispatch with obligation to give notice of defects

(1) The sale of tickets for the event in advance and at the box office is generally carried out by the organizer.

(2) Advance booking fees are to be borne by the ticket purchaser.

(3) If the tickets are sent, this is done at the expense and risk of the ticket purchaser. The organizer selects the shipping company. The ticket purchaser can only assert obvious errors in the tickets delivered to the organizer within two weeks of receipt of the tickets.

(4) If the tickets are sent or handed over to the ticket purchaser before the ticket price has been paid, the tickets remain the property of the organizer until the ticket price has been paid in full and finally.

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§ 7 Involvement of third parties in ticket sales and contract execution

The organizer can commission third parties to sell the tickets on its behalf and also to act on its behalf with regard to other rights and obligations of the organizer. The contract for the ticket purchase is concluded between the organizer and the ticket purchaser.

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§ 8 Transfer of tickets

(1) In order to avoid disruption to the event and criminal offenses in connection with attending the event, to enforce house bans and to prevent the resale of tickets at excessive prices, it is in the interest of the organizer to restrict the transfer of tickets. The ticket purchaser is not permitted:

a) to sell tickets at a higher price than the sales price (final ticket price including any advance booking and processing fees) of the organizer,

b) to sell tickets commercially or to use them publicly for advertising or marketing purposes without the express prior written consent of the organizer, and

c) to pass tickets on to persons who have been banned from the event by the organizer, either for a fee or free of charge.

(2) The organizer is entitled to terminate the existing legal relationship with the ticket purchaser extraordinarily and without notice if the ticket purchaser violates paragraph 1. In this case, the organizer will block the ticket and deny the ticket purchaser access to the event.

(3) The organizer is entitled to demand a contractual penalty of up to EUR 2,500.00 per violation from ticket purchasers who pass on and/or offer tickets in violation of paragraph 1, unless the violation is innocent. Any other claims for damages hereby remain unaffected.

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§ 9 Ticket return/cancellation, relocation, cancellation, cancellation of the event/program change

(1) The return of purchased admission tickets is generally excluded. No replacement will be granted for expired tickets. Tickets that have been lost or destroyed beyond recognition by the ticket purchaser will not be replaced or refunded.

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(2) If the event is canceled or postponed, the ticket price will be refunded upon presentation of the admission ticket. If the event is relocated, tickets can only be returned and the ticket price refunded if the new event location is not reasonable for the ticket purchaser, taking into account their interests.

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(3) If the event is canceled due to force majeure, either contracting party can withdraw from the contract. In this case, the mutual rights and obligations do not apply. Each contracting party shall bear the expenses incurred up to that point.

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(4) If the event is canceled, the visitor is entitled to a refund of the ticket price paid if the cancellation occurs in the first third of the event. The termination must be proven by presenting or sending in the admission ticket and a claim must be made within 14 days of the termination of the event to the organizer or the advance booking office commissioned by the organizer that brokered the ticket. The organizer is liable in the event of the event being canceled in accordance with Section 14 of these General Terms and Conditions.

(5) Changes to the program sequence are subject to artistic freedom and can be changed variably with regard to the performers. The organizer reserves the right to change the cast of the performing artists. Changes according to sentences 1 and 2 do not justify a right to take back or exchange the admission ticket.

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§ 10 dress code

(1) During the visit to the event, a dress code in the style of the 1900s to 1930s applies to visitors. Clothing in a modern, everyday style such as jeans, T-shirts, sneakers, etc. or garish costumes and carnival costumes that do not match the dress code are undesirable.

(2) In the event of violations pursuant to paragraph 1, the organizer or staff commissioned by her may request the visitor to put on a cloakroom that corresponds to the dress code. If the visitor does not comply with this request, he can be expelled from the event by the organizer or by persons authorized by her. In this case, these ticket buyers/visitors are not entitled to a refund of the admission fee already paid or to any other compensation for damages or expenses.  

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§ 11 Event Rules

(1) The organizer has the domiciliary rights within the event area to the extent necessary for the safe implementation of the event, in addition to the domiciliary rights of the owner or operator of the event location. The organizer is obliged to ensure that the event is carried out properly and safely within the event area provided. It is also obliged towards visitors to enforce the respective house rules of the owner or operator of the event location. In the event of violations of the house rules, she must take the necessary measures to prevent further violations.

(2) The following general rules of conduct apply to the event:

a) The carrying of dangerous or illegal objects, in particular drugs, weapons and explosive substances, as well as drinks and food not related to the event, is not permitted.

b) Bringing along animals is prohibited.

c) Entering the stage area and the stage area is prohibited.

e) The ticket purchaser is prohibited from carrying objects of any kind on the event site with the intention of offering them for sale or using them in any other way for commercial purposes. Items that are carried with this intention or are actually offered for sale may be removed by security personnel and other authorized persons or taken into custody until the end of the event.

f) Furthermore, the ticket purchaser is prohibited from conducting musical or artistic performances as well as other performances and displays aimed at a large number of people on the event site.

In the event of violations of letters a to f, a contractual penalty of EUR 1,000.00 is due immediately; The organizer expressly reserves the right to make further claims.

(3) The organizer can evict ticket buyers/visitors who violate the house rules of the respective event location, the security requirements of the organizer regulations, these General Terms and Conditions or instructions from the security staff from the event location. These ticket purchasers are not entitled to a refund of the admission fee already paid or to any other compensation for damages or expenses.  

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§ 12 Photo/image, sound and film recordings of visitors

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By purchasing an admission ticket for the event held by the organizer, the ticket purchaser agrees that the optical and acoustic recordings made during the event as well as photos of the organizer for the media and for the organizer's advertising measures (organizer's own reference use)

on their homepages

• www.boheme-sauvage.net

• www.boheme-sauvage.com

• www.boheme-sauvage.de

• www.bohemesauvage.de

as well as on their Facebook presence

• https://www.facebook.com/pages/Boh%C3%A8me-Sauvage/298206135222

• https://www.facebook.com/groups/60052333120

• https://www.facebook.com/groups/199675223408552

• https://www.facebook.com/groups/199675223408552

• https://www.facebook.com/groups/229750680498011

as well as on Instagram

• https://www.instagram.com/bohemesauvageofficial

vimeo

• https://vimeo.com/edelstahlevents

and YouTube

• https://www.youtube.com/channel/UCQ-PgogwV6m2GqEgXnHmSMA

can be used. The visitor's consent only applies to incidental or incidental recordings of the visitor during the recording of the event. There is no obligation to pay.

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§ 13 Ban on photo/image, sound and film recordings by ticket purchasers

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(1) The ticket purchaser is permitted to carry cameras, cameras or other devices and systems that are used to take photos/images, sound and film recordings when visiting the event. In order to maintain the orientation and design of the event format to the period of the 1900s to 1930s and to show mutual consideration, the visitor is not permitted to use these devices in a visible or disruptive manner according to sentence 1 during the event.  

(2) The visitor is strictly prohibited from making image, sound and film recordings or enabling third parties to make such recordings or to transmit them in whole or in part via telemedia such as the Internet or telecommunications services such as the mobile phone network without the prior written consent of the organizer, distribute or make publicly available or enable third parties to do so.

An exception according to sentence 1 only applies to photos taken with a camera from the 1900s to 1930s, whereby these photos may only be used for private purposes.

(3) Commercial use of photos, images, sound or film recordings made at the event location is prohibited.

(4) If the ticket purchaser culpably violates paragraphs 1 to 3, the organizer is entitled to a contractual penalty of up to €3,000.00 for each violation. Any other claims for damages hereby remain unaffected.

Section 14 Liability

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(1) Unless otherwise stated in the General Terms and Conditions and the following provisions, the contracting parties shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

(2) The organizer is only liable for damages - for whatever legal reason - in the event of intent or gross negligence on the part of the organizer, its legal representatives and vicarious agents. The organizer is only liable for simple negligence on the part of the organizer, its legal representatives and vicarious agents

a) for damage resulting from injury to life, limb or health, as well as

b) for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, the organizer's liability is limited to compensation for the foreseeable, typically occurring damage.

(3) The exemption from liability according to paragraph 2 also applies to the liability of the vicarious agents and legal representatives of the organizer.

(4) The limitations of liability resulting from paragraph 2 do not apply if the organizer or its representatives fraudulently concealed a defect or a guarantee for the quality of the work was assumed. The same applies to claims by the ticket purchaser under the Product Liability Act.

(5) Due to a breach of duty that does not consist of a defect, the ticket purchaser can only withdraw or terminate if the organizer is responsible for the breach of duty. A free right of termination of the visitor from the visitor contract (in particular according to § 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.

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§ 15 data protection

(1) The personal data provided by the ticket purchaser to purchase the ticket will be stored and processed by the organizer exclusively for the purposes resulting from this contract in compliance with the relevant statutory provisions of the Federal Data Protection and Telemedia Act. The personal data of the ticket holders will not be passed on to third parties. Excluded from this is the transfer to third parties involved in ticket sales and contract execution in accordance with § 7 of these General Terms and Conditions, which is carried out in accordance with the provisions of the Federal Data Protection Act and the scope of transmission is limited to the minimum necessary for contract execution.

(2) The ticket purchaser has the possibility to change the data stored by him at any time  correct or delete. The right to delete the data stored by him does not exist if its deletion conflicts with statutory or contractual retention periods, or if the data is required for the justification, content design or change and processing of the contractual relationship between him and the organizer and is stored for these purposes have to.

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§ 16 Final Provisions

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(1) The contractual relationship is subject to the law of the Federal Republic of Germany. The place of performance for all claims arising from the contract is Berlin. Berlin is agreed as the place of jurisdiction if no other legally binding place of jurisdiction is justified.

(2) Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remainder of the contract. In place of the ineffective provisions, the statutory provisions, if any, apply.

Status: 01/01/2015