TERMS OF SERVICE 

§ 1 Organizer

P&K KG

Hafnersteig 5

1010 Vienna

E-mail:  info@latin-dubrovnik.com

Represented by:
Ronald Pavlovic

§2 Scope

(1) These general terms and conditions (hereinafter referred to as GTC) apply to music events organized by P&K KG. The following terms and conditions regulate the relationship between P&K KG (hereinafter referred to as the organizer) and the ticket buyers or owners (hereinafter referred to as the visitor).

For better legibility, the generic masculine was chosen in these terms and conditions. However, all points of the GTC expressly apply to all genders, regardless of the chosen form of personal designation.

(2) The music events take place in the Stenkhoffbad outdoor pool, Bottrop or other rooms. The event site includes all areas that are intended for the proper taking place of the music events. These General Terms and Conditions apply to the entire event site.

(3) By purchasing an admission ticket, the visitor concludes an event contract with the organizer and acquires the right to visit the event. In addition, by purchasing the admission ticket, the visitor declares that he has taken note of the General Terms and Conditions and has recognized the rights and obligations in these General Terms and Conditions as well as the site regulations.

(4) When purchasing the tickets, the terms and conditions of the sales partners apply in addition to these terms and conditions, as well as the terms and conditions including the house rules of the respective owner on the respective event site, insofar as these do not contradict the present terms and conditions. The respective terms and conditions of the sales partners and the terms and conditions of the owners of the event locations together with house rules can be requested directly from them if necessary.

§ 3 Conclusion of Contract, Prices, Terms of Payment, Shipping

(1) Event tickets can only be purchased from the organizer or through its sales partners in advance booking offices and via the official ticket online shop at www.beachpartybottrop.de.

When purchasing event tickets via a sales partner of the organiser, reference is made to the general terms and conditions of the respective sales partner with regard to the modalities of concluding and processing the contract.

(2) If the visitor wants to order tickets using the online form on the organizer's website, the tickets are reserved for the visitor from the moment the online form is submitted. The organizer will then inform the visitor of the deadline and the account details for payment. If the visitor does not pay the corresponding amount to the specified account within the specified period, the reservation will be forfeited. The organizer reserves the right to otherwise dispose of the tickets after the deadline. If the visitor pays the invoice amount into the specified account on time, the event contract is deemed to have been concluded at the moment when the amount is credited to the organizer's account.

(3) The visitor is also obliged to provide truthful and correct information in accordance with the specifications of the order form when placing an order. A successful order is only possible if the mandatory fields are completely filled out. If the data given changes after the order has been placed, the visitor is obliged to inform the organizer of the information immediately.

(4) If the customer withdraws a transfer order without justification, he is obliged to reimburse the resulting costs, in particular the costs for returned direct debits, shipping and/or dunning costs.

(5) In the online shop, the payment providers PayPal and/or Sofortüberweisung are recognized as payment options.

(6) The prices charged by the organizer are gross prices. The gross prices include the pre-sale and distribution fees, the system fee and the flat-rate shipping fee charged by the organizer, each including VAT. Details of these charges will be given when the provisional reservation is confirmed; beyond this, there are no further, non-reported costs.

(7) The person accompanying visitors with a severely handicapped pass will receive a free ticket for the event if the severely handicapped pass indicates the need for constant accompaniment (mark B) and a copy of this is submitted to the organizer by email or fax.

(8) The tickets are sent at the risk of the visitor. The dispatch takes place within 3 days after receipt of payment by post. If the money is received less than 8 days before the respective event, the tickets will no longer be sent to the customer by post, but will be deposited at the event location for personal collection. In this case, the visitor will be informed of the place and date of the possible pick-up.

(9) Cards sent and handed out are to be checked immediately upon receipt to ensure that they are correct in relation to the order; any complaints must be made in writing to the organizer immediately, but no later than 7 days after receipt of the tickets by the visitor.

Written form is sufficient if the customer sends the notification of the complaint to the organizer by letter or email. In the event of wrong deliveries, in particular incorrectly issued tickets, the wrong seat category, wrong event, etc., the visitor will receive a replacement delivery free of charge upon return of the tickets already delivered.

§ 4 Prohibition on resale, contractual penalty

(1) The visitor undertakes to purchase and use event tickets exclusively for private use, or only to pass them on to private customers and for private use.

(2) The organizer generally agrees to the transfer of visiting rights to third parties, unless:

1. there is a house ban against the third party

2. the transfer is directly or indirectly related to

3. Advertising measures or bonuses not authorized by the organizer as well as sweepstakes.

4. the visitation right is offered at a higher price than the nominal price of the ticket or it is a matter of trade or commercial resale.

(3) Any professional or commercial further trading of the event tickets without the prior consent of the organizer is prohibited, in particular any resale by an unauthorized advance booking office. This also includes the sale of event tickets to third parties at inflated prices and an auction of the tickets via an internet auction with the intention of making a profit.

(4) The sale of event tickets in front of the event location is prohibited without exception.

(5) For each case of culpable infringement of the prohibitions mentioned under point 4, the organizer can demand payment of an appropriate contractual penalty up to a maximum amount of € 1,000.00 from the customer.

(6) Furthermore, the organizer reserves the right to take persons who have reasonable grounds to suspect that they have violated points 4.1. to 4.4 to refuse or exclude access to the event and to refuse the sale of tickets in the future.

§ 5 Right of cancellation and return, refunds

(1) Since the organizer offers services in the field of leisure events, in particular tickets for events, there is no distance contract, § 312b Para. 3 No. 6 BGB. A general right of revocation and return is excluded for the ordering of such services. Every order of admission tickets is therefore binding immediately after confirmation by the organizer and obliges you to accept and pay for the tickets ordered.

(2) Event tickets can only be returned for a refund of the ticket price (excluding shipping costs, excluding system fee, excluding advance booking fee) in the following situations:

The event will take place neither on the scheduled day nor on an alternative or alternative date.

(3) No replacement will be granted for expired event tickets.

(4) When the admission ticket is returned, there is only a right to a refund of the purchase price of the admission ticket (excluding shipping costs, excluding system fee, excluding advance booking fee). A (replacement) claim going beyond this cannot be asserted.

(5) The purchase price will only be refunded upon presentation of the original ticket. The shipping costs, if any, are borne by the visitor.

(6) The right to reimbursement expires in any case if it is not asserted within 14 days after the date of the event printed on the ticket.

§ 6 Admission, admission control

(1) Young people under the age of 18 will not be allowed to attend the event and the entrance fee will not be refunded. The event will be unmistakably advertised with appropriate references to the existing age restriction.

(2) Access to the event site is only possible with a valid ticket. The card must be shown upon entry. The visitor is obliged to show the purchased ticket to the admission staff at the entrance to the event site and to identify themselves with a valid ID document if requested.

(3) When entering the event site, a security check can be carried out by the on-site security service. The security service is instructed to carry out a body and bag search on the visitors. Visitors agree to this.

(4) The organizer reserves the right to refuse a visitor admission to the event site for important reasons. An important reason is in particular (but not limited to) the carrying of prohibited objects (see point 8), an obviously heavily intoxicated state of the visitor, if the visitor is obviously under the influence of drugs or an obviously inhuman, racist, homophobic or sexist (or in has a group-related misanthropic attitude in any other form. If there is an important reason for refusing admission, the admission ticket will lose its validity and the admission price will not be refunded.

Section 7 Prohibited Items

(1) It is strictly forbidden to take dangerous objects with you anywhere on the event site. This includes: any form of cutting and thrusting weapon and objects that can be used as such (e.g. flagpoles, selfie sticks); firearms and ammunition; glass bottles and glass containers; Explosives, fireworks, flares, flares, smoke signals or other pyrotechnic articles; gas cartridges and gas cookers; generator sets; dry ice; vuvuzelas; megaphones.

(2) It is also forbidden to take objects with you that contain inhuman, racist, homophobic or sexist (or in any other form group-related misanthropic), pornographic and/or violence-glorifying content in words and pictures.

(3) (Domestic) animals may not be brought to the events. An exception to this is made for guide dogs for the blind, which are designated and leashed as such. Dog waste must always be disposed of properly.

(4) Bringing your own food and drinks, plastic/PET bottles, cans, canisters, cool bags or other heavy containers, spray containers (hairspray, deodorant, CS gas, pepper spray, etc.) and dangerous accessories, e.g Prohibited with rivets longer than 1.5 cm or cartridge belts. (This list is not complete.)

§ 8 House rules, rules of conduct, photography and film

(1) The house rules are the responsibility of the organizer.

(2) The instructions of the security service or the staff of the event location must be followed.

(3) Rules of Conduct

The visitor undertakes:

1. not to pollute the event site with rubbish,

2. not to urinate or defecate outside of the designated areas,

3. not to exercise physical violence against other visitors, the organizer's staff and third parties

4. not to throw any objects at visitors, organizer staff and third parties or onto the stage,

5. not to soil or spray structural installations, walls, devices, etc  or to damage them and not to affix any decorations, posters, signs or other objects anywhere on the festival site,

6. not to enter and not to open areas and rooms closed to visitors  Climbing stages, tents, stands or the like without the prior written consent of the organizer

7. not to engage in commercial trade and not to carry out any marketing campaigns or advertising measures (advertising measures include: advertising a product, service, belief or religion, a company or a brand and distributing or presenting political or religious content in any form whatsoever, e.g. on leaflets, banners, signs, etc.).

(4) Persons who obstruct or harass ticket sales can be expelled from the event location.

(5) The organizer can evict visitors who violate or have violated the site regulations or the general terms and conditions from the festival site or refuse entry and issue a house ban. If the violation constitutes a criminal offense (bodily harm, trespassing, forgery of documents, ...) or if the organizer becomes aware of another criminal offense on the festival site (drug dealing, theft, coercion, ...), not only will a house ban be issued, but the facts of the case will also be reported to the reported to the police. If the house ban is issued, the admission ticket loses its validity and the admission price will not be refunded. Anyone who culpably violates the site regulations or the general terms and conditions is liable to compensate the organizer for the resulting damage.

§ 9 Cancellation or termination of the event, program change

(1) The organizer reserves the right to cancel the event before it begins without giving reasons.

(2) In addition, the organizer has the right to postpone the event to another date for important reasons, e.g. illness of artists, force majeure, weather-related or other previously unforeseeable reasons. If an event is moved to another event date, tickets already purchased remain valid.

(3) The organizer can make changes to the program up to the start of the event. This explicitly also applies to the time and duration of the season, cancellation or replacement, as well as the order in which artists perform live (e.g. due to illness) and the length of program breaks.

(4) If the organizer sees a danger to the body and health of the visitors, the artists or the staff and/or to material values due to the weather conditions, he is entitled to cancel the event. The organizer is also entitled to delay the start of the event or to interrupt it due to weather conditions. In this case, as well as if the event is canceled for other reasons of force majeure, due to official orders or court decisions, due to the endangerment of visitors due to the misconduct of others or due to other dangerous situations, there is no right to reimbursement or compensation, unless the organizer can prove intent or gross negligence shall be charged.

§ 10 Return of tickets, refunds

If there is no alternative or replacement date for a canceled event, all presale tickets purchased online will be canceled shortly after the decision has been made and the organizer will issue a refund of the admission price. Depending on the payment method selected, it can take up to four weeks for the money to be refunded to the payment account. This period of time depends on the payment provider and we cannot influence it. All tickets purchased at an advance booking office can be exchanged within 4 weeks (ticket price exclusive of advance booking fee). The purchase price will only be refunded upon presentation of the original ticket.

Alternatively, the ticket can be sent to the following address within 4 weeks, stating your full name and account details:

P&K KG

Hafnersteig 5

1010 Vienna

The amount will then be returned within 2 weeks.

A (replacement) claim going beyond this cannot be asserted.

The right to a refund expires if it is not asserted within 14 days of the date of the event printed on the ticket.

§ 11 Health impairment due to noise

The visitor is aware that at a music event (in particular in front of the stages) there is a particular volume and there is a risk of possible damage to health (e.g. hearing damage). The organizer ensures within the scope of his technical possibilities that the visitor is not harmed by the noise level of the event. Irrespective of this, however, it is strongly recommended to use hearing protection, especially when staying near the loudspeaker boxes, and to choose a place in front of the respective stages that is conducive to individual listening habits.

§ 12 Sound and image recordings by the organizer, right to one's own image

In the event that image and/or sound recordings such as radio or television recordings are made by authorized persons during the event, the customer agrees that words and images may be recorded and that the recording is not entitled to Remuneration may be reproduced, distributed and publicly reproduced. This applies explicitly to the publication of event recordings on the organizer's websites and the use of event recordings in print media for reporting and/or publicizing subsequent and past events of the organizer, for sponsor acquisition and all other business activities of the organizer and its affiliated companies. All rights may also be transferred to third parties for the above purposes.

§ 13 Disclaimer/Limitation of Liability

(1) The organizer is only liable in the event of intent and/or gross negligence.

(2) The limitation of liability does not apply in the event of a breach of essential contractual obligations, but is limited to foreseeable and contract-typical damage; the limitation of liability also does not apply to claims by the visitor due to injury to life, limb and/or health of the visitor due to culpable behavior on the part of the organiser. Damage under the Product Liability Act remains unaffected by the above regulations.

(3) The organizer is only liable for damage of any kind suffered by a visitor at the event location in the event of intent or gross negligence; liability for injury to life, limb and/or health remains unaffected.

(4) The organizer is not liable for the loss of or damage to the personal belongings of visitors and employees. Excluded from this disclaimer is the contractually regulated custody of instruments by the artists.

(5) Insofar as the organizer's liability is excluded or limited, this also applies to the liability of the organizer's vicarious agents.

§ 14 data protection

(1) Personal data will be collected, processed, stored and used by the organizer in compliance with data protection law, insofar as they are necessary for the implementation of the event contract.

(2) The personal data is used for advertising purposes in order to draw attention to the current or upcoming music event by post or e-mail newsletter. This service can be canceled at any time.

(3) The organizer does not use the visitor's data for any other purposes than those mentioned above and does not pass them on to third parties.

§ 15 Applicable Law and Place of Jurisdiction

(1) German law applies to the exclusion of the UN sales law, insofar as this is legally permissible.

(2) The place of performance and place of jurisdiction is Vienna (if the customer is a merchant, a legal entity under public law or a special fund under public law.)

(3) These GTC exhaustively reflect what has been agreed. There are no further individual agreements, verbal or other ancillary agreements. Should individual clauses of these General Terms and Conditions be or become invalid, this does not affect the effectiveness of the other clauses. The ineffective clause is to be replaced by an effective clause that comes as close as possible to fulfilling the purpose of the contract based on the economic intention of the parties. The same applies in the event of a possible regulatory gap.

§ 16 Miscellaneous

The organizer reserves the right to change the terms and conditions at any time.

Vienna in April 2022