Terms and Conditions
1. SCOPE OF APPLICATION
1.1. These General Terms and Conditions (hereinafter referred to as Terms) shall apply to all events of Apassionata World GmbH, represented by its Managing Directors, Qiang Li, Johannes Mock-O’Hara, Weihao Zhao, Kantstrasse 24, 10623 Berlin, email info@apassionata.com. (hereinafter referred to as AWG).
1.2. These Terms shall exclusively regulate legal relationships between AWG and individual customers, resellers, corporate customers and group customers (hereinafter referred to as Customers). AWG shall be the contractual partner of the Customers regarding the events of AWG. Conflicting general terms and conditions of Customers shall only apply if AWG has expressly confirmed the validity thereof in writing.
1.3. Resellers undertake to make the following terms and conditions known to each purchaser at the point in time of the ticket purchase.
2. ADMISSION, TICKET PROCESSING, DISCOUNTED TICKETS, VALIDITY
2.1. A binding contract between the Customer and AWG for the purchase of tickets shall only be concluded upon AWG’s acceptance of the Customer’s offer. Acceptance shall take place in particular by means of confirmation of the order by email or post, in the case of orders placed by telephone immediately at the time the order is taken, and in all cases acceptance shall always take place at the point in time of the dispatch of the tickets to the Customers or the depositing thereof at the box office or evening box office.
2.2. In the case of online ticket orders via the website of AWG or orders placed by telephone, according to Section 312g paragraph 2 no. 9 BGB (German Civil Code), the order is binding and the Customer cannot invoke a right of withdrawal within the meaning of Section 355 BGB.
2.3. The Customer purchases the tickets in their own name and for their own account. If the Customer resells tickets, the Customer is not entitled to represent AWG.
2.4. Unless otherwise agreed, tickets will be sent to the Customer by post at the Customer’s risk after full payment has been received. A reasonable shipping fee will be charged for posting the tickets. In the event the tickets are lost in the post or thereafter, shipping fees will not be refunded. If the Customer books ticket shipping by post, they are obliged to inform AWG at the latest five days before the beginning of the event if they have not yet received the tickets. In this event, AWG shall be entitled to deposit replacement tickets for collection at the evening box office. In the event that tickets are purchased for an event that is 5 days or fewer away from the
time of purchase, the tickets will generally not be posted but deposited at the evening box office.
In the case of ticket loss including by post, replacement tickets shall be issued at the box office up to one hour before the beginning of the performance if the Customer proves or credibly demonstrates which tickets they have purchased, stating the seats in question. AWG may charge a reasonable processing fee for issuing replacement tickets.
2.5. AWG reserves the right to charge a processing fee for orders made by telephone and in writing as well as for group sales.
2.6. The purchase price to be paid for attending the event is determined by AWG’s current price lists plus shipping and any additional fees. In the case of event contracts concluded in advance, additional advance booking fees may apply. All fees are shown during the ordering process and shall be due upon conclusion of the contract.
2.7. If the Customer has been granted an option for the purchase of tickets, this option shall expire without replacement if it is not exercised by the Customer within the agreed period.
2.8. Tickets deposited at the box office must be collected from the respective box office/evening box office at the venue, quoting the booking number, no later than 30 minutes before the performance begins.
2.9. The ticket exclusively entitles the authorised ticket holder to a single visit to the venue and loses its validity when the ticket holder leaves the venue.
2.10. Until receipt of payment, AWG shall be entitled to deny the Customer entry to the venue or to require the Customer to leave and to block the ticket. The Customer can have the block lifted by paying the admission fee in cash before the start of the event.
3. ALLOCATION OF OTHER SEATS
3.1. AWG reserves the right to assign the Customer a different seat to the one assigned with the ticket for the respective event. This applies if it is not possible for AWG to make the seat designated on the ticket available for reasons beyond its control but the substitute seat which is allocated is of a comparable or better standard. Otherwise, the Customer shall be entitled to a refund of the difference to the price stated on the ticket.
3.2. Furthermore, AWG reserves the right to assign the Customer another seat within the confirmed price category for other reasons.
4. DUE DATE AND PAYMENT, RETENTION OF TITLE, DEFAULT
4.1. The purchase price shall be due upon confirmation of the order under assignment of an individual booking number. Unless otherwise agreed, payments can be made by bank transfer, direct debit, cash, EC card, credit card or redemption of valid vouchers issued by AWG.
4.2. Tickets remain the property of AWG until full payment has been made. Should a payment be charged back, the Customer is obliged pay the outstanding amount without undue delay and to reimburse all costs incurred by AWG due to the chargeback (e.g. bank charges, third-party fees). In addition, AWG charges a processing fee of EUR 10 in the case of a chargeback of a payment. The Customer is entitled to prove that AWG did not incur damages in this amount. As an alternative to the aforementioned, in the event of a chargeback of a payment, AWG shall be entitled to withdraw from the contract and, in this case, reserves the right to otherwise sell tickets for the seats in question. Reserved tickets that are not paid on time will be released for general sale after the payment deadline with no further prompting.
4.3. In case of default of payment, AWG is entitled to claim interest at the rate of 5% p.a. above the respective base rate of the Deutsche Bundesbank, unless AWG proves a higher interest rate or the Customer proves a lower interest rate. This shall not exclude the assertion of further damages.
5. DISCOUNTED ADMISSION PRICES
5.1. Children under 5 years of age accompanied by an adult shall be admitted free of charge without the right to a seat of their own (children who sit on an adult’s lap). Children between 5 and 12 years of age, schoolchildren, students, trainees and persons performing Federal Volunteer Service (BFD), as well as pensioners, senior citizens and severely disabled persons (GdB 80%), shall receive a discount on the normal price of the respective category in the amount stated in AWG’s price list valid at the time of purchase of the respective ticket provided that they show the corresponding ID as proof when purchasing the ticket. Severely disabled persons shall receive a free companion ticket if there is a B on their ID card.
5.2. In addition, AWG may, at its discretion, grant certain pre-defined discounts, some of which are only valid on special days. Such discounts will, where applicable, be indicated in the relevant announcements of AWG (e.g. on its website or in other advertising material of AWG).
5.3. AWG requires valid proof of eligibility for all discounted tickets prior to admission. The identity of the beneficiary must be proven through a document with
photo identification. If no proof can be provided, the difference between the discount and full ticket price must be paid. Otherwise, admission cannot be granted.
5.4. The simultaneous granting of several discounts per ticket is excluded.
5.5. Discounts can no longer be taken into account after the booking process has been completed.
6. RETURN AND EXCHANGE OF TICKETS, LOSS OF TICKETS
6.1. A return or exchange of tickets is generally excluded.
6.2. In the event the performance is cancelled and AWG is responsible for this, AWG shall offer to exchange the ticket for an equivalent ticket for another performance of the Customer’s choice or to refund the purchase price, in each case against return of the original ticket. The request for exchange or return must be submitted to AWG without undue delay, at the latest within six months after the cancelled performance. Otherwise, the right to reimbursement is forfeited. Within the aforementioned period, the Customer must return the ticket, together with their request for exchange or refund, to the point of sale where it was purchased. In the event that the ticket is purchased via the AWG website, the ticket together with 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 the event of a refund claim, the admission price itself will be refunded by AWG by transfer to an account that the Customer must specify. Any reimbursement of advance sales or other fees is the responsibility of the respective reseller. Further claims of the Customer (e.g. travel/accommodation costs) are excluded.
6.3. If the performance is cancelled, the entrance fee will only be refunded if less than half of the total performance time has been completed. In such a case, a claim for reimbursement must be submitted to AWG within 14 days at the latest to the above address or to the email address service@apassionata.com in text form (email shall suffice), enclosing the original or scanned tickets.
6.4. In the event of a cancellation or termination of performances for which AWG is not responsible (force majeure), AWG shall be released from the obligation to perform. The Customer shall not be entitled to a refund in such cases. Should special legal regulations exist for such a case, these shall take precedence.
6.5. It is not permitted to occupy a seat other than the one designated on the ticket. In the event of an unauthorised change of seat, the difference may be charged or the Customer may be required to leave that seat or the performance.
7. START OF PERFORMANCE, ADMISSION
7.1. The venue is usually opened one hour before the start of the performance.
7.2. After the start of a performance, Customers may only be admitted to the auditorium during a suitable interval out of consideration for the performers and the other guests. There is no entitlement to an interval. Furthermore, there is no entitlement to compensation for unused tickets.
7.3. Only a limited number of seats are available for wheelchair users. Wheelchair users shall only be entitled to a disabled seat if they have indicated at the time of ticket purchase that they require such a seat.
8. CHANGES TO PERFORMANCE TIMES AND CASTS
AWG reserves the right to change the performance times and the casting of roles and show acts, as well as other components or the title of the show, even at short notice.
9. HOUSE RULES, CONDUCT AT THE VENUE
9.1. The rules of conduct contained in these Terms and the instructions of the security staff must be observed. Anyone not complying with these rules and instructions may, irrespective of any other claims, be ordered to immediately leave the venue and surrounding area.
9.2. Glass containers, bulky objects, pyrotechnical objects, torches, sparklers, weapons and similar dangerous objects are prohibited, as is bringing animals to the venue. Failure to comply with this rule may result in expulsion from the venue or from the venue premises. AWG is entitled to take temporary custody or possession of objects of the aforementioned kind.
9.3. Smoking on the premises of the venue is prohibited.
9.4. Bringing food and beverages onto the venue premises is prohibited. Likewise, the consumption of food and beverages in the auditorium is generally not permitted.
9.5. Objects that are likely to disturb the performance (e.g. mobile phones, electronic watches) must be switched off before the performance begins.
9.6. Customers may be required to leave a performance that is in progress if they cause a disturbance or inconvenience other Customers. They may also be refused entry if there is reason to suspect that this may occur. Furthermore, AWG may ban such persons from the premises. The admission price will not be refunded in these cases.
9.7. In addition, the house rules of the operators of the respective venues shall apply, which are brought to the attention of the Customers in the entrance areas of the venues or can be viewed on their website.
10. PROVISIONS RELATING TO COVID-19
10.1. AWG reserves the right to impose special access restrictions to events in the event of a pandemic situation in the interest of guests’ health. In particular, AWG reserves the right, on the basis of its domiciliary rights, to only admit persons who have been vaccinated, have recovered or have currently tested negative to events. This means that each guest must either present
a coronavirus vaccination certificate that shows full vaccination on the day of the show or
a certificate of recovery with confirmation from a doctor or
a negative rapid antigen test not more than 24 hours old or a negative PCR test not more than 48 hours old from an official testing centre (no self-tests)
at the entrance to the event.
10.2. Without prejudice to the provisions of these Terms, the Customer must also inform themselves in good time before the event about any official regulations, requirements, orders etc. in the region in question and comply therewith.
10.3. For contact tracing reasons, AWG reserves the right to record guest data in advance or at the latest on the day of the event at the entrance using an app or by analogue means. In this case, each guest is obliged to provide the corresponding information.
10.4. Furthermore, AWG reserves the right to collect guests’ data for contact tracing reasons at the point in time of the ticket purchase. In this case, the requested data of the individual guests (not only of the purchaser) must be provided when purchasing the tickets. AWG highlights that even in these cases the tickets on which the guests’ data is printed shall not be deemed name papers within the meaning of the German Civil Code with the associated restrictions but shall mean that the person entitled to admission is always the individual who can present a ticket at the entrance, provided and to the extent that they fulfil their obligation under clause 10.4 of these Terms to record data for the purpose of contact tracing at the entrance.
10.5. DATA PROCESSING ACCORDING TO CLAUSES 10.3 AND 10.4
10.5.1. PURPOSE AND LEGAL BASIS OF PROCESSING
Data collection is carried out for the purpose of tracing chains of infection in connection with COVID-19. The legal basis of the processing is Art. 6 para. 1 lit. c) GDPR as the processing is necessary to fulfil AWG’s legal obligation arising from the corresponding coronavirus protection regulations of the federal states, as well as Art. 6 para. 1 lit. d) for the protection of vital interests. The data is not used for any other purpose.
10.5.2. RECIPIENTS OF THE DATA
The data is only transmitted to the health authority if the competent authority requests information. Any other transfer of data is excluded.
10.5.3. STORAGE PERIOD
The data is stored for the duration of the respective official requirements after the last contact with you and then destroyed.
10.5.4. YOUR RIGHTS AS A DATA SUBJECT
Every data subject has the right to information pursuant to Article 15 GDPR, the right to rectification pursuant to Article 16 GDPR, the right to erasure pursuant to Article 17 GDPR and the right to restriction of processing pursuant to Article 18 GDPR. The contact details of AWG’s data protection officer can be found here.
The restrictions according to Sections 34 and 35 of the German Federal Data Protection Act (BDSG) apply to the right to access and the right to erasure.
In addition, there is a right to file a complaint to a competent data protection supervisory authority (Art. 77 GDPR).
10.5.5. OBLIGATION TO PROVIDE DATA
Unfortunately, unless contact details are provided, AWG cannot grant access to the event. In this case, no entitlement to a refund of the admission price shall exist.
10.6. The Customer must observe and comply with all access restrictions and access conditions imposed by AWG and/or the authorities. AWG shall be entitled to deny the guest access to the venue or to require them to leave the venue in the event of non-compliance with such requirements and/or conditions. In this case, the guest or Customer shall not be entitled to a refund of the admission price.
11. SOUND, PHOTO AND FILM RECORDINGS
11.1. Sound, photo and film recordings of the AWG shows on tour are permitted for exclusively private use, whereby the use of flashes or other lighting devices to illuminate the recordings is prohibited. In the event of violations of the ban on the use of flashes or other lighting devices to illuminate recordings, AWG shall be entitled
to confiscate recording devices and cameras and retain them until the end of the event. Bringing photo cameras and other sound, photo and film recording devices for commercial use is prohibited.
11.2. Each Customer irrevocably consents to the use of their image and voice free of charge for photographs, live transmissions, broadcasts and/or recordings of images and/or sound made by AWG or its agents in connection with the event in all current and future media.
12. CLOAKROOM
12.1. Coats, umbrellas, canes, large bags and similar items must be handed in for safekeeping to the venue’s cloakroom unless they must already be handed in at the entrance of the venue due to the venue’s respective house rules.
12.2. The contract for the safekeeping of the items to be handed over is concluded between the Customer and the respective venue operator or the service provider used by the latter. AWG does not assume any liability towards the Customer in this regard.
13. LIMITATION OF LIABILITY
13.1. You visit the venue at your own risk. AWG, its legal representatives and its vicarious agents shall only be liable in the case of intent or gross negligence on the part of AWG in connection with damages suffered by the Customer at the venue’s auditorium. In the event of a breach of essential contractual obligations, liability shall also exist in the case of simple negligence, but shall be limited to the foreseeable damage typical for the contract. Claims for damages resulting from injury to life, limb or health, as well as under the Product Liability Act (Produkthaftungsgesetz), remain unaffected by the above limitations.
13.2. Apassionata World GmbH shall not be liable for external services (e.g. catering services) and any resulting damages; the respective service provider is directly liable.
14. APPLICABLE LAW, DATA PROTECTION, PLACE OF JURISDICTION
14.1. German law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods shall not apply.
14.2. AWG shall process all data provided by the Customer in compliance with the relevant data protection provisions.
14.3. The European Commission has provided an online dispute resolution platform at the following link where Customers may submit potential complaints http://ec.europa.eu/consumers/odr/. AWG is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board
14.4. The exclusive place of jurisdiction for all disputes arising from and in connection with these Terms shall be, as far as legally permissible, Berlin.
Version: 13/08/2021
Apassionata World GmbH