General terms and conditions of

Pelham's Toonerville Music Festival

vivenu Terms and Conditions

In the following you will find the general terms and conditions for ticket buyers (hereinafter “GTC”) for the use of the systems, in particular the ticket shops of vivenu GmbH. Please also note our data protection declaration, which you can find on the website and in every vivenu ticket shop.

Vivenu GmbH, Speditionstr. 13, 40221 Düsseldorf - hereinafter referred to as “vivenu” - is a provider of software services and offers the brokerage of ticket sales, the handling of the sales process and the dispatch of tickets for events, events, meetings, conferences, virtual events and similar reservations (im Summarized below under “Events”).

1. Preamble

By ordering tickets, the ticket buyer instructs vivenu to process the ticket purchase, including the shipping and payment process, in the name and on behalf of the organizer. By purchasing a ticket on a website provided by vivenu, you accept these terms and conditions. As part of the ordering process, the ticket buyer declares his / her consent to vivenu's terms and conditions through a check box to be confirmed. These terms and conditions regulate the contractual relationship between the ticket buyer, the organizer and vivenu.

The offer in the ticket shops is aimed exclusively at consumers of legal age and unlimited legal capacity within the meaning of Section 2 of the German Civil Code (BGB) within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

2. Contracting Parties

With regard to attending the event, contractual relationships are only established between the ticket buyer and the respective organizer. Please note that vivenu is not the organizer of the events offered in the ticket shop. This is shown as part of the sales process and on the tickets themselves. vivenu is only active on the part of the organizer within the scope of the service offered. Accordingly, vivenu is not liable for any cancellation of the event, insolvency of the organizer or complaints due to the quality of the event. Any claims must be made against the organizer.

The organizer may have its own additional terms and conditions that apply to the event. As part of the ordering process, the ticket buyer declares his agreement to the organizer's general terms and conditions by means of a check box to be confirmed. vivenu has no influence on the general terms and conditions of the organizer and the ticket buyer is responsible for finding out about them.

The ticket buyer assures that he is of legal age at the time of registration within the meaning of §2 BGB. He is considered a consumer if the purpose of the ordered deliveries and services is not attributed to his commercial or independent professional activity. Every natural or legal person as well as a legal partnership who acts in their commercial or independent professional activity when concluding the contract is accordingly an entrepreneur.

Every ticket buyer is obliged to provide truthful and correct information during the ordering process. vivenu is entitled to check the details of the ticket buyer on behalf of the organizer by taking suitable measures. Under certain circumstances, an order can be refused by vivenu if the information is incomplete or incorrect.

The ticket buyer is permitted to purchase several tickets under the same name and to transfer them to third parties. It is expressly pointed out that the respective organizer can set other regulations in this regard, which must be observed and, if available, are clearly marked in the ticket shop. This applies in particular to regulations regarding a limited ticket contingent per ticket buyer and personalized tickets. In principle, however, the ticket buyer is not entitled to sell tickets to third parties at a price higher than the purchase price advertised on the vivenu websites and the tickets. Exceptions to this rule require the written consent of vivenu. In the event of a breach of this prohibition, vivenu can charge the ticket buyer (reseller) a contractual penalty in the amount of Request 500 euros per ticket. Further claims for damages remain unaffected.

vivenu offers tickets for events on behalf of organizers in the respective ticket shops. With the purchase of a ticket, the ticket buyer is entitled to participate in the event selected by him on the corresponding event date.

vivenu has a power of attorney for this, i.e. vivenu is entitled to negotiate the sale of tickets for all events by all organizers with the ticket buyer and to conclude corresponding contracts on the basis of these terms and conditions. At the same time, vivenu is entitled to do so io refuse conclusion of contracts with ticket buyers, regardless of the reason, at any time. The ticket buyer therefore has no fundamental right to purchase a ticket.

3. Conclusion of contract and subject matter

Information about the event, the ticket prices, the available payment methods and the number of available tickets of the individual ticket categories as well as the entire event are based solely on the information that the respective organizer provided to vivenu when creating the offer. The respective organizer is responsible for the correctness of the settings.

By purchasing a ticket, contractual relationships with regard to attending the event come about exclusively between the ticket buyer and the organizer. The offer to conclude a contract is made by the ticket buyer as soon as he orders his ticket by clicking the “Order” button and accepting the terms and conditions. The contract for participation in an event is only concluded when the ticket is allocated and then sent to the ticket buyer with the corresponding ticket ID. Unless otherwise agreed, the ticket buyer will receive an automatic e-mail from vivenu to confirm the order and another e-mail with a link to the tickets purchased for the relevant event.

The e-mail to confirm the order as well as the further e-mail with the link to the purchased tickets are sent immediately after the payment process has been completed. Unless otherwise agreed, the purchased ticket can be accessed via this link and saved and / or printed out accordingly.

In the sales process (if this option was not deactivated by the organizer or automatically four days before the event) there is the option of ordering tickets sent by post and printed out by vivenu (hereinafter referred to as “hard tickets”) for a fee. Unless otherwise agreed, the ticket (s) will be sent to the postal address given by the ticket buyer during the ordering process within one to four working days of the order confirmation.

If a ticket buyer violates specific conditions set up by the organizer, which were clearly pointed out in the ticket shop and / or in the context of the advance sale, or the ticket buyer tries to circumvent these, or due to technical problems existing contingents (both the total contingent of the event and Contingents of individual ticket categories) have been exceeded, vivenu is entitled to cancel the ticket buyer's orders as part of a unilateral right of withdrawal.

Furthermore, an abuse and / or violation of these terms and conditions leads to a loss of the ticket buyer's access authorization to the corresponding event without compensation. The ticket therefore loses its validity from the time the abuse and / or violation of these terms and conditions becomes known.

4. Use, complaint and return of the ticket

The ticket buyer is explicitly advised that in order to enter the corresponding event, he must present the ticket purchased for this event at the entrance to the event site.

vivenu also advises the ticket buyer that the organizer is entitled to make use of his house rights for the event site at any time. A house ban can be issued by the organizer and / or the owner or operator of the event site, whereby the ticket purchased loses its validity.

Unless otherwise agreed, the validity of the purchased ticket is limited to the respective event, the respective venue and period, and, if available, the respective seat or seating unit or the corresponding ticket category and, in the event of an event being rescheduled, the corresponding replacement dates. After the event has ended, the ticket loses its validity, unless it is explicitly determined otherwise by the organizer or as part of the offer in the ticket shop.

If the event occurs that an event is canceled or postponed by the organizer before the start of the event without or with information on reasons, the right of a ticket buyer to return a ticket that has already been purchased is determined in accordance with the respective statutory provisions and the agreements that between the ticket buyer and the organizer. In particular, reference is made to the organizer's general terms and conditions.

If a ticket was issued incorrectly, vivenu is obliged to replace the incorrectly delivered ticket against return of the ticket. The ticket buyer is responsible for the correctness of the ver to check the tickets sent in order to arrange for a replacement delivery from vivenu in good time in the event of an incorrectly delivered ticket.

If hard tickets sent by post have not arrived at the ticket buyer, vivenu will only send them again if the ticket buyer assures in writing that they have not received the corresponding tickets and that the information on the shipping address has been correct.

If the ticket buyer is entitled to return a ticket and the ticket fee has not yet been paid to the organizer, vivenu will refund the purchase price already paid according to the agreement with the organizer within 5 working days of receipt of the confirmation of the return of the tickets by the organizer to the ticket buyer reimburse. If the ticket buyer is entitled to return a ticket and vivenu has already paid the full amount or the amount in excess of the reimbursable amount to the organizer, the ticket buyer is not entitled to a refund by vivenu. In such cases, the reimbursement of the purchase price must be agreed with the organizer.

5. Prices and shipping costs, payment methods

The ticket buyer is expressly advised that the total purchase price for a ticket may exceed the ticket price shown on the admission ticket and in the ticket shop. The total purchase price per ticket corresponds to the price per ticket set by the organizer and shown in the ticket shop, the fees for processing the ticket purchase and the applicable statutory VAT. As soon as the ticket buyer has placed the required number of tickets in the shopping cart, the total purchase price for all tickets including all fees and shipping costs is displayed as a total. The corresponding fees for processing the ticket purchase are shown separately.

The total purchase price is due for payment immediately after the ticket buyer has clicked on the “order button”. Payment can be made using the online payment method specified in the ticket shop. Payment is processed through our partner Adyen BV, Simon Carmiggelstraat 6 - 50, 1011 DJ Amsterdam and / or the PayPal business accounts of the respective organizers. The ticket buyer does not incur any additional, undisclosed fees for the use and processing of the various payment methods. If there is a delay in payment, the statutory provisions apply.

When tickets are sent by post, shipping costs are incurred, which are to be borne by the ticket buyer. The costs incurred for this are explicitly shown to vivenu.com in the ticket shop.

All prices shown in the ticket shop include the applicable statutory value added tax. As part of the order process, the ticket buyer is shown all costs incurred for his order.

6. Retention of title

The tickets created with the corresponding ticket IDs remain the property of the respective organizer until they have been paid for in full and the tickets have been sent to the ticket buyer. vivenu and / or the organizer must be notified immediately of any damage, loss or seizure of tickets by the ticket buyer. If the ticket buyer loses a ticket sent by post (hard ticket) or if it is lost in his area of ​​responsibility, vivenu is not obliged to procure a replacement.

7. Warranty

The corresponding statutory provisions apply to warranty law.

8. Data protection

The separately listed data protection declaration from vivenu applies. This can be called up on every subpage of the “vivenu.com” website and is clearly marked in every vivenu ticket shop. If the ticket buyer has explicitly agreed by confirming a check box, vivenu can use the ticket buyer's email address for its own advertising purposes to send direct mail. The ticket buyer can object to its use at any time. This objection can be made by any means of communication, not just by email. In order to take effect, however, this contradiction must reach vivenu. You will find contact details for exercising your objection in the imprint. There is also a link in the newsletter that can be used to unsubscribe from the newsletter. The e-mail address of the ticket buyer will then be deleted immediately from the corresponding mailing lists and will no longer be used for such advertising purposes.

9. vivenu's liability

vivenu is liable without limitation in any case for damage to life, body or health that is based on a breach of duty by vivenu or vicarious agents of vivenu as well as for damage caused by the lack of a quality guaranteed by vivenu ever caused. This also applies to damage or fraudulent concealment of defects that can be traced back to grossly negligent behavior on the part of vivenu.

In the event of errors or the faulty nature of third parties over which vivenu has no influence, in particular the failure of servers or mail systems, vivenu assumes no liability.

In the event of breaches of essential contractual obligations (so-called cardinal obligations) that are based only on simple negligence, vivenu's liability is limited to the foreseeable damage typical for the contract. In other cases of simple negligence, vivenu accepts no liability.

vivenu does not act as the organizer of an event offered via the ticket shop and is therefore not liable as such for damage that may arise during an event. Furthermore, vivenu is not liable for damage caused by the ticket buyer during the duration of his stay on the site of an event.

The organizer is solely responsible for the content, completeness and correctness of the implementation or the cancellation of the event and vivenu is not liable for incorrect information or expenses due to the postponement of the event. This also applies if the event cannot take place or is canceled due to force majeure.

These limitations of liability also apply to the personal liability of employees, employees, representatives, shareholders and vicarious agents of vivenu.

10. Availability of the services offered

vivenu assumes no liability for the uninterrupted usability of the ticket shops and the availability of other services. For delays or errors in the transmission, memory failures and associated restrictions of the vivenu products and other services on the domains of "

vivenu.com

”Vivenu also assumes no liability. It should be noted that the website and / or individual services may be temporarily interrupted in the course of maintenance work.

11. Right of withdrawal for consumers

According to § 312g Paragraph 2 Clause 1 No. 9 BGB, consumers have no right of withdrawal for a contract for services in connection with leisure activities if the contract provides for a specific date or period for the acquisition. vivenu provides services in the field of leisure activities within a precisely defined period of time. According to the judgment of the Munich Local Court on December 2nd, 2005, ordering tickets over the Internet or by telephone does not comply with the Distance Selling Act and thus contracts concluded via vivenu are not distance selling contracts. There is therefore no right of withdrawal for the ticket buyer. The order of tickets via vivenu is binding immediately after confirmation by vivenu and automatically obliges to accept and pay for the ordered tickets.

12. Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG

The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes. We are basically ready to take part in an out-of-court arbitration procedure.

13. Final provisions and severability clause

Unless otherwise agreed, the ticket buyer can send all declarations to vivenu by email or letter. The ticket buyer expressly agrees that vivenu can send statements to him to the e-mail address that he specified as a valid e-mail address when ordering.

Should individual regulations of these terms and conditions be ineffective and / or incomplete, this does not affect the effectiveness of the remaining regulations. The contracting parties undertake to replace the ineffective regulation with an effective regulation that comes as close as possible to the legal concept of the ineffective and / or incomplete regulation. This applies accordingly to loopholes.

In the contractual relationship between the ticket buyer and vivenu, these terms and conditions apply exclusively to all ticket sales processed via vivenu websites. It is therefore expressly contradicted to include general terms and conditions of the ticket buyer.

If the ticket buyer is an entrepreneur within the meaning of these terms and conditions, a legal person under public law or a special fund under public law, the place of jurisdiction and place of performance is the headquarters of vivenu GmbH.

The law of the Federal Republic of Germany applies to the exclusion of international private law and the UN sales law adopted into the law of the Federal Republic of Germany.