Tickets

General Terms and Conditions (GT&Cs) for wirefly Events

Wirefly GmbH & Co. KG General Terms and Conditions (GT&Cs), Status as of: V2, 10/18/2019

Section 1 General

The following General Terms and Conditions (“GT&Cs”) apply to all ticket sales of wirefly GmbH & Co KG, represented by the Managing Director Marten Pauls, Kampstrasse 4, 20357 Hamburg (“organizer”), phone: 040 4321 4333, e-mail: info@wirefly.world in the context of the wirefly Arts & Tech Festival Events (“event”) and in regard to its visitors. The GT&Cs can be viewed by the visitor at any time at http://www.wirefly.world/de/agb.

General business conditions of the ordering party or visitor that differ from these shall not be recognized unless the organizer expressly agrees to their validity.

Section 2 Definition of terms

The “event area” refers to all areas in which parts of the event take place, including parking and camping areas. The “festival area” means the visitor area that begins after the access controls to the conference areas (so-called “locations”). The term “camping areas” refers to the areas for camping that have been approved by the organizer and specifically designated for this purpose in the site plans. “Parking areas” means the areas for parking motor vehicles approved by the organizer and specifically designated for this purpose in the site plans.

Section 3 Ordering tickets

Tickets for the event can only be purchased from wirefly GmbH & Co. KG. Depending on availability and offers from the organizer, tickets can be ordered both for the entire wirefly Tech & Arts Festival event and for individual parts of it, such as the evening program, the parties, or any other organizer events.

Visitors can select tickets from the organizer’s range of offers in its online ticket shop and add them to their shopping cart using the “Add to Cart” button. By pressing the “Pay” button, a binding request to purchase the goods in the shopping cart is submitted. Before submitting the order, visitors can change and view the order details at any time. The request can only be submitted and transmitted if visitors have accepted these terms and conditions by clicking on the “By placing this order I also agree to the Organizer’s Terms” checkbox, which will then become a component of the request.

Ordering tickets only constitutes an offer to conclude an event attendance agreement. This does not yet constitute a contract. A contract is concluded once an order number (“Registration Reference”) has been assigned to the visitor.

All prices quoted in the ticket shop include the applicable statutory value-added tax. Tickets will be sent by e-mail to the electronic address (e-mail address) provided by the visitor. If the tickets are lost, they will not be replaced.

The information from the order transaction is once again sent to the visitor with the e-mail confirmation of the order. Visitors can print and/or save the order details immediately after submitting the order. The order text is stored by the organizer for twelve months and can be retrieved after completion of the order process if you click the “View Order” button in the order confirmation e-mail or if you click the “Change Details” button in the ticket confirmation e-mail.

The organizer expressly refers to the consent pursuant to Art. 6 (1) (1) (a) GDPR, which the visitor gives with these GT&Cs in Section 20. The respective ticket price stated in the ticket shop is due immediately, and the means of payment specified by the visitor will be debited as soon as the ordering process has been completed. The contract is to be concluded in German.

The organizer accepts the following payment options:

  • Stripe Inc.
  • Paypal Inc.

The choice of available payment methods is the responsibility of the organizer. In particular, the organizer reserves the right to offer only selected payment methods for payment.

For the purpose of executing the contract, the visitor agrees that the personal data collected during the ordering process may be disclosed to the payment service providers of the organizer

  • Stripe Inc, 510 Townsend Street, San Francisco, CA 94103, USA
  • PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

Additional details can be found at http://www.wirefly.world/de/dse in the Privacy Policy that is available separately.

Section 4 Reselling and giving away tickets

Commercial resale of the tickets is not permitted. The tickets may not be sold at a price higher than the printed ticket price plus substantiated fees charged upon purchase of the ticket. Finally, using tickets for raffle purposes and/or for conducting lotteries and drawings is expressly prohibited. Violation of these terms and conditions will result in the loss of admission rights with no recourse to compensation, that is, the ticket will lose its validity and the organizer will be entitled to non-refundable confiscation of the ticket of admission.

Section 5 Ticket return, note on right of revocation

Purchased tickets are excluded from return and exchange. Neither the participant nor the organizer may cancel tickets. This also applies to illness, non-participation, and any other reasons. Ticket return is only possible in case of cancellation or unreasonable postponement of the respective event by the organizer (see Section 7 in this regard).

Purchase of tickets does not constitute a distance selling contract pursuant to Section 312b BGB (German Civil Code). According to Section 312g (1), (2) no. 9 BGB (German Civil Code), visitors have no legal right of revocation, even if they order the tickets as a consumer and not as an entrepreneur. This means that the right of revocation and return is excluded. Each ticket order therefore constitutes a binding sale that goes into immediate effect after confirmation by wirefly GmbH & Co. KG, obligating the purchaser to acceptance and payment for the tickets ordered. A right of cancellation according to Section 648 BGB is excluded.

The statutory warranty regulations apply.

Section 6 Transfer of tickets

The tickets are personalized and transferable only under the following conditions. The visitor’s surname, first name, and e-mail address must be provided for each ticket. If a ticket purchaser would like to transfer a ticket into the name of another visitor, this can be done on the wirefly Ticket Shop website up to one day before the start of the event. Tickets that have not been personalized by midnight on the day before the start of the event lose their validity and no longer entitle the holder to admission.

Section 7 Cancellation or postponement of an event, reimbursement

The organizer will immediately announce a cancellation or postponement of the respective event on the event website. In the event of cancellation or unreasonable postponement, the organizer will refund the ticket price to the purchaser. A postponement shall be deemed unreasonable if the new date or venue is unreasonable for the visitor when their legitimate interests are taken into consideration. If the cancellation or postponement is due to circumstances beyond the organizer’s control, such as force majeure and similar events, including but not limited to a national period of mourning, weather conditions, strike, or war, the organizer shall not be liable for any loss or damage suffered by visitors as a result.

Section 8 Program changes / language

Festivals are subject to program changes. In the event of cancellation of individual artists (groups) or speakers, the organizer will endeavor to find appropriate replacements; claims on the part of the visitor due to the cancellation of individual artists (groups) or speakers are excluded. Access to event areas with a limited capacity will only be granted within the limits of the officially permitted spectator capacities. Once the limit on the number of admissible visitors has been reached, the organizer may temporarily restrict admission without this resulting in entitlement to claims to partial reimbursement of the ticket price.

The organizer would like to point out that the program is in English. Translations will not be provided in this case. Claims based on this fact by visitors who do not have sufficient language skills are excluded.

Section 9 Closure or evacuation of areas

For security reasons, the organizer may temporarily or completely evacuate and close individual areas of the event grounds without this resulting in entitlement to claims for partial reimbursement of the ticket price. In order to avert danger to life or limb, instructions of the organizer or the instructions of the persons and companies commissioned by the organizer to this effect must be followed immediately.

Section 10 Weather conditions

The event shall take place regardless of the weather. However, the organizer reserves the right to interrupt or cancel the event at any time in the event of weather-related danger to visitors. In this case the arrangements specified in Section 7 shall apply.

Section 11 Posted notices, instructions

In addition, the currently posted notices of the house rules in regard to the locations, parking and camping rules, and the instructions of the local security personnel, as well as the current notices listed on the official website of the organizer www.wirefly.world, shall apply.

Section 10 Weather conditions

The event shall take place regardless of the weather. However, the organizer reserves the right to interrupt or cancel the event at any time in the event of weather-related danger to visitors. In this case the arrangements specified in Section 7 shall apply.

Section 11 Posted notices, instructions

In addition, the currently posted notices of the house rules in regard to the locations, parking and camping rules, and the instructions of the local security personnel, as well as the current notices listed on the official website of the organizer www.wirefly.world, shall apply.

Section 12 Workshop pre-registration

Due to limited capacity, separate pre-registration is necessary for some of the workshops. Prior to the event, the organizer shall inform the ticket purchaser in good time of any restrictions of this kind and of the pre-registration procedure. To this end, the organizer shall require the first and last name, company, and position of the interested parties. The successful interested parties will be informed separately by the organizer. There is no guarantee of participation in a specific workshop.

Section 13 Admission to the event

Without being prompted to do so, the visitor must present a valid ticket at the point of admission. Since the tickets are personalized, visitors may also be requested to identify themselves with a valid official identification document. Once the visitor is granted admission to the event, they will receive a non-transferable badge (e.g., an event pass or a wristband) which must be worn at all times during the respective event, especially in order to be admitted again after they leave the event premises. If the badge is lost, there is no entitlement to (re-)admission or replacement of the badge. A new ticket must be purchased at the location.

Section 14 Exclusion from the event

The organizer reserves the right to refuse admission to visitors for good cause. An important reason exists, for example, if a visitor commits criminal offenses (e.g., bodily injury, theft, drug trafficking) on the event grounds or if other visitors appear to be at risk due to their behavior, or if they appear to be aggressive or abusive, or if they are under the influence of intoxicating substances. In such cases, the organizer is entitled to exclude the visitor from the event. If the organizer makes use of this right of exclusion, the ticket shall lose its validity. In this case, claims for re-admission or a refund of the purchase price is excluded. Animals, weapons, or other dangerous objects may not be brought into the festival areas. Bags and backpacks up to a size of DIN A3 are permitted. They will be checked for prohibited contents at the entrance to the festival area.

Section 15 Protection of minors

Children and adolescents under 16 years of age must be accompanied by a legal guardian or a custodial guardian in order to gain access to the festival grounds. Juveniles aged 16 and over are only permitted on festival grounds until midnight. The provisions of Germany’s Youth Protection Act (JuSchG) shall apply.

Section 16 Domiciliary rights and house rules

In the event area, the organizer exercises domiciliary rights. The organizer’s instructions are to be followed. The house rules of the respective event venue are displayed at the entrance and must be complied with during visits to the event premises. In the event of violations of the house rules or if any marketing activities are carried out by third parties without the written permission of the organizer, the visitor may be excluded from further participation in the event and requested to leave the event premises. Further claims of the organizer against the visitor shall remain unaffected.

Section 17 General limitation of liability of the organizer

  • The organizer is liable without limitation for damage caused intentionally or by gross negligence and for damage resulting from injury to life and limb or health. The same applies in the event of a breach of any guarantee or if there are fraudulently concealed defects.
  • The organizer is not liable for property or financial damages caused by slight negligence. This shall not apply in the event of a breach of an obligation which is essential for proper performance of the contract and on whose observance the visitor can regularly rely; in this case the liability of the organizer for material or financial damages caused by slight negligence is to be limited to typical contractual and foreseeable damage.
  • Any liability under the product liability law shall remain unaffected.
  • The aforementioned limitation of liability also applies to the personal liability of the organizer’s vicarious agents, employees, and executive bodies.

Section 18 Special limitation of liability for checkrooms

If the organizer offers to store (in a “checkroom”) objects such as coats, jackets, suitcases, or bags at an event free of charge for the visitor, the following conditions shall apply:

  1. The visitor may not leave any valuables (e.g., laptops, smartphones, jewelry), data media with confidential and/or business information, means of payment/cards, or tickets for travel at the checkroom.
  2. The organizer is only liable for material and financial damages resulting from damage or loss of the objects in the case of intentional or grossly negligent action by one of its executive bodies and/or employees and/or vicarious agents.
  3. Liability is limited to a maximum of 500 euros per visitor.

Section 19 Hearing damage

The organizer is only liable for hearing damage if the organizer and its vicarious agents have acted with intent or negligence or if a legal duty to maintain safety has culpably not been fulfilled. Visitors should not enter or remain in the immediate vicinity of the loudspeakers and absolutely must remain behind the relevant barriers. Use of hearing protection is highly recommended, especially in close proximity to the stages. Earplugs can be obtained free of charge at all Infopoints.

Section 20 Data privacy

The organizer processes and uses the visitor’s personal data only for processing ticket orders and putting on the event. Wirefly GmbH & Co. KG is entitled to transmit this data to third parties commissioned by it to implement the purchase contract, insofar as this is necessary for the concluded contracts to be fulfilled. In case of pre-registration for a workshop with limited capacity, the first and last name, company, and position of the interested party will be sent to the respective workshop provider for information purposes. All further regulations regarding data privacy can be found in the Privacy Policy, which can be viewed at http://www.wirefly.world/de/dse.

If and to the extent that the visitor has given consent, the information provided by the visitor may also be used by the organizer for promotional purposes or transmitted to third parties (e.g., exhibitors). Visitors may revoke their consent at any time by sending an e-mail to the organizer at info@wirefly.world, for example.

Section 21 Image and sound recordings in the festival area

In the festival area, visitors are only permitted to bring 35mm cameras and mobile phones with camera function. Single-lens reflex (SLR) cameras or cameras with zoom lenses of any kind are not permitted. Professional video cameras and audio recorders of any kind such as tape recorders, MP3 recorders, or dictation devices are also prohibited. The organizer may refuse the visitor access to the festival area or may ask the visitor to leave the festival grounds if the visitor refuses to leave the unauthorized equipment behind.

Section 22 Exploitation of audio, photo, and film recordings

At the wirefly Arts & Tech Festival event, sound, photo, and film recordings will be made, duplicated, and used by the media, festival sponsors, and/or the organizer for purposes including current news reporting and documentary materials that are distributed via print, DVD, TV, radio, and/or Internet (e.g., homepage, Facebook, etc.). By entering the event grounds, each event visitor declares that they agree that these recordings, including recordings that depict the visitor personally, may be used for the aforementioned purposes without compensation.

The organizer has a legitimate interest in the creation and use of the above-mentioned recordings for the purpose of advertising its offer within the meaning of Art. 6 (1) (1) (f) GDPR to produce photos and videos of the event on which visitors can also be recognized (hereinafter referred to as “recordings”) and to use the recordings for the purpose of advertising future events, in particular to reproduce, disseminate, exhibit, make publicly accessible, present, broadcast, and/or to reproduce them on image or sound media without restrictions on place. For the aforementioned advertising purpose, the recordings created may also be made available on the organizer’s social media channels (e.g., Facebook, Instagram, and Twitter; more detailed information on this can be found in the organizer’s Privacy Policy) or passed on to other third parties. The use is not limited in terms of time.

In this context, visitors will be informed by the organizer as follows:

  1. Visitors have the right to request information as to whether the organizer has made recordings of them, and how the recordings have been used by the organizer.
  2. Visitors have the right to request deletion of their recordings in accordance with Art. 17 GDPR.
  3. Visitors have the right to request the restriction of the use of their recordings in accordance with Art. 18 GDPR.
  4. Visitors have the right to object to the organizer’s use of the photos in accordance with Art. 21 GDPR.
  5. Visitors have the right to request transfer of the recordings in accordance with Art. 20 GDPR.
  6. Visitors may file a complaint about the use by the organizer with the data protection officer in Hamburg. Kurt-Schumacher-Allee 4, 20097 Hamburg, phone: 040 / 428 54 -4040, fax: 040 / 428 54 -4000, e-mail: mailbox@datenschutz.hamburg.de

Section 23 Parking areas

Visitors are responsible for their own arrival at the event and shall park their vehicles at their own risk. Indiscriminate parking is prohibited and will be prosecuted by the authorities; vehicles may only be parked in approved parking areas or parking spaces. The posted parking and camping regulations shall apply, and the instructions issued by the security personnel must be complied with. Visitors are not entitled to the provision of a specific parking space within the booked category. Parking spaces shall be allocated by the organizer’s security personnel. Emergency escape routes must be kept clear of all obstructions at all times.

Section 24 Camping areas

Camping is permitted only on the marked camping areas on the designated days and times indicated on the camping ticket. Visitors are not entitled to the provision of a specific parking space and/or campsite within the booked category. The organizer’s security personnel shall allocate campsites. Not every camping area will necessarily be opened at the same time; instead, the areas will be opened as required. Camping in areas not designated for camping is prohibited and will be prosecuted by the authorities. Visitors are to protect the environment, respect the principles of waste prevention, and properly dispose of waste. Unauthorized creation of campfires in camping areas or on parking spaces is prohibited due to the ensuing fire hazard.

Section 25 Other regulations

The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Hamburg, provided that the visitor is operating a business.

The law of the Federal Republic of Germany is to apply with the exception of the UN Convention on Contracts for the International Sale of Goods. Consumers with a habitual residence outside Germany may also invoke the law of the country in which they reside.

Section 26 Alternative dispute resolution for consumers

The organizer would like to point out that the European Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.showng=DE. We are legally obliged to provide this information. However, we do not participate in this type of dispute settlement.