POSITIVUS, SIA

General terms and conditions of

POSITIVUS, SIA

  1. 1. General

    1. These Terms and Conditions form part of the contract between POSITIVUS, SIA, Udens iela 12 - 106, LV-1007 Riga, LV (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by vivenu. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Tickets or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Tickets, where permitted).

    2. All communication with the Organizer regarding Tickets and Offers should be addressed to: POSITIVUS, SIA, Udens iela 12 - 106, LV-1007 Riga, LV

    3. The Organizer hereby informs the End Customer that vivenu GmbH (hereinafter "vivenu") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "vivenu Services"), which are used by the Organizer to sell Tickets and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Tickets, market other offers and process transactions related to Events to End Customers. vivenu is a technology platform provider to the Organizer under license. vivenu is not a ticket broker and is not the organizer of any Event.

  2. 2. Contract

    1. There is no contract between vivenu and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the vivenu Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Tickets or Offers may contain statements such as "powered by vivenu" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Tickets or Offers via the domains and sub-domains of vivenu (e.g., vivenu.com). No purchase, services or other agreement is concluded between the End Customer and vivenu.

    2. The End Customer acknowledges that the Organizer may make the sale of Tickets and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Tickets for an Event). The Organizer or vivenu (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.

    3. The End Customer acknowledges that the total purchase price of Tickets and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the ticket price indicated on a Ticket or in the Organizer’s ticket storefront. The calculation of the total purchase price shall be based on the indicated ticket price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or vivenu (on behalf of the Organizer).

    4. The contract between the Organizer and the End Customer for the purchase and sale of Tickets or Offers shall deemed completed only when the Organizer or vivenu (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Ticket with the corresponding ticket ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.

    5. If Ticket quotas (both the total quota for the Event and the quotas of individual categories of Tickets) have been exceeded due to technical issues, the Organizer or vivenu (on behalf of the Organizer) shall notify the End Customer. The Organizer or vivenu (on behalf of the Organizer) may revoke the corresponding Tickets with repayment of the corresponding total purchase price.

  3. 3. Form of Tickets

    1. Unless otherwise agreed by the End Customer and the Organizer or vivenu (on behalf of the Organizer), the End Customer will receive an automated email message from vivenu (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Tickets purchased for the corresponding Event. The form of the Tickets provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Ticket, digital wallet or other options). To participate in an Event, the Ticket must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Ticket in the correct form) does not entitle the End Customer to participate in an Event.

    2. If the Organizer provides such option, the End Customer has the ability to order Tickets in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets").

    3. The End Customer is required to verify that the purchased Tickets are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Tickets must be reported to the Organizer or vivenu (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.

    4. The transfer of ownership of Tickets or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.

    5. The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or vivenu (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).

  4. 4. Rights and Obligations

    1. The Organizer or vivenu (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Tickets or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Tickets to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).

    2. The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.

    3. It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.

    4. If the Organizer or vivenu (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or vivenu (on behalf of the Organizer) may revoke the validity of a Ticket without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.

    5. If Tickets are damaged, lost or stolen, the End Customer must notify the Organizer and vivenu without delay. If the End Customer loses a Ticket, the Organizer or vivenu shall not be obligated to provide a replacement.

    6. Unless otherwise agreed, the validity of a Ticket shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding ticket category. The Ticket shall become invalid once the Event has ended.

    7. The End Customer acknowledges that vivenu has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Tickets, Events and other Offers made by the Organizer, which are offered and processed via vivenu Services. The Organizer is solely responsible for the communication, publications and information, and vivenu does not bear responsibility in that regard. vivenu has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, vivenu has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of vivenu act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by vivenu.

    8. Furthermore, the End Customer acknowledges that vivenu does not guarantee uninterrupted accessibility and usability of the vivenu Services. vivenu does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the vivenu Services. During maintenance work there may be temporary disruptions of the web site and/or individual vivenu Services.

  5. 5. Transfer of Tickets

    1. Tickets may be transferred. To re-assign/personalize Tickets or any related identification information, please contact the Organizer. A processing fee may apply to this service.

  6. 6. Revocation, Cancellation, Refund, Return and Exchange of Tickets

    1. In Case of no significant Changes, Postponement or Cancellation of the Event

      1. There are no rights of revocation, return, cancellation or exchange of Tickets for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. Subject to the foregoing, any purchase of Tickets is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.

    2. In Case of significant Changes, Postponement or Cancellation of the Event

      1. In the event of significant modification, postponement or cancellation of an Event due to circumstances for which the Organizer is not responsible, the End Customer shall be entitled to return the Tickets and shall be entitled to a refund for the price of the Ticket less any processing fees.

      2. vivenu shall process the exchange or refund on behalf of the Organizer. The refund will be made to the End Customer using a payment method selected by vivenu (on behalf of the Organizer).

      3. A modification shall be considered significant if the modified Event is fundamentally different from the Event that the Ticket purchaser reasonably expected.

  7. 7. Liability

    1. Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.

    2. To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation vivenu and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.

    3. The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, vivenu shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. vivenu shall not be liable for damages caused by force majeure or breach of duty by third parties.

    4. To the extent that vivenu’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of vivenu's legal representatives and vicarious agents as well as any representatives acting for vivenu with regard to the End Customer. Not in limitation of the foregoing, vivenu shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Tickets as well as limitations in vivenu Services.

  8. 8. Miscellaneous Provisions

    1. These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.

    2. The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions.

    3. Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and vivenu shall be Düsseldorf, Germany.

    4. The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.

    5. The following clauses apply to End Customers with their registered office, place of residence in the European Union:

      • The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.

      • The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr. The Organizer and vivenu are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.

    6. The following clauses apply to End Customers with their registered office, place of residence in the United States:

      • For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.

      • BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE VIVENU SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.

      • EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, VIVENU PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN VIVENU AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND VIVENU DO NOT GUARANTEE THAT THE VIVENU SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND VIVENU ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION VIVENU, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.

      • THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

    7. If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.

  9. 9. Additional Provisions of the Organizer

    The following additional provisions of the Organizer shall apply:

    POSITIVUS FESTIVAL RULES AND REGULATIONS

    Only persons who hold a valid Festival ticket or wristband may be present in the Festival’s territory and camping area. To cross the Festival’s territory, a valid Festival ticket or wristband is required. Holders of valid tickets are entitled to be present in the Festival’s territory and camping area during their opening hours subject to compliance with the Festival’s rules.

    By acquiring the Festival’s ticket the visitor agrees to that during the Festival they can be photographed and filmed and that their image can be used for commercial and advertising purposes without the payment of consideration or the application of copyright.

    In the Festival’s venue the visitors may be subjected to the search and checks of the person, personal belongings and documents.

    FESTIVAL TICKETS AND WRISTBANDS

    The Festival’s wristband may be received by the entry into its territory by producing a valid Festival’s entry ticket.

    The bar code of each ticket is unique, and only the first visitor with the original bar code will be let into the Festival. It is strictly prohibited to copy and resell the ticket. The risk of simultaneous use of the ticket original and duplicates is assumed by the buyer. The Organiser (SIA “Positivus”) does not assume any liability for malicious use of the ticket.

    It is prohibited to use the tickets in advertising and marketing campaigns, campaigns, lotteries and competitions without prior written approval from the Organiser.

    The presence in the Festival’s territory is a confirmation that you agree to the Festival’s rules that are placed in its territory. You can read them also on www.positivusfestival.com.

    FESTIVAL TERRITORY RULES AND REGULATIONS

    The Festival’s visitors may enter its territory during the time when it is open for visitors. To enter and be present in the Festival’s territory the visitors must hold a valid festival’s wristband.

    In the Festival’s territory, it is permitted to take part in all the events and concerts, accessing all the Festival’s areas that are open to visitors (except special areas). The Festival’s visitors may carry with them and use non-professional cameras (i.e. cameras without changeable lenses).

    The Festival’s employees may enter the Festival’s territory in accordance with the passing rules, with respective wristbands and vehicle passes.

    In the Festival’s territory it is prohibited to:

    -use open fire (including candles, grills, oil lamps, torches etc.);

    -use, sell and keep narcotic substances;

    -carry in pets;

    -carry out commercial activities in the Festival’s territory without prior written approval from the Organiser;

    -promote, offer or distribute any products and services without prior written approval from the Organiser;

    -film and record sound without prior approval from the Organiser;

    -for visitors under the age of 18, acquire alcohol and cigarettes;

    -for visitors under the age of 16 (including), be in the Festival’s territory without the supervision of the parents or lawful custodians in the period from 22.00 to 8.00;

    -with one’s behaviour, threaten the safety and health of other visitors;

    -swim in the dark period of the day.

    It is prohibited to carry into the Festival’s territory:

    -professional photo equipment (i.e. with changeable lenses) and video equipment without accreditation in accordance with the Festival’s rules;

    -any kinds of umbrellas;

    -drugs;

    -food products, alcoholic beverages and soft drinks;

    -large-dimension items;

    -other items that may threaten the convenience or safety of other visitors (e.g. weapons, explosives, knifes, gas sprays, glass items etc.).

    It’s allowed to enter the FESTIVAL territory with special baby food, but before the entrance it have to be presented to the security staff.

    The keeping of prohibited items and products outside the Festival’s territory with the security guards or the Festival’s organisers is not provided.

    The Festival’s organisers shall not assume any liability for:

    -injuries suffered by the visitors during the Festival;

    -damages to personal belongings or lost and stolen belongings – we kindly advise not to carry in and leave expensive and irreplaceable items in the Festival’s territory and camping area;

    -the quality of the food, drinks and other goods or services sold and provided in the Festival’s territory – full liability for it is assumed by the respective service provider;

    -the Festival’s organisers do not assume responsibility for unused tickets, and they will not be compensated;

    -any actions taken by state authorities or institutions during the Festival and in its territory.

    The Festival organisers have the right to:

    -without prior notice, change the Festival’s programme and the performance times of the artists;

    -not let in or evict from the Festival’s territory any visitors whose behaviour might hinder the due course of the Festival and/or threaten the safety of other visitors;

    -the organisers shall be entitled not to sell alcoholic beverages to persons that are under the influence of alcohol and may threaten themselves or other visitors of the Festival.

    All the persons in the Festival’s territory are obliged to adhere to any instructions and orders from the Festivals organisers related to the course of the Festival and the keeping of order, including those not covered by these Rules but communicated during the Festival. If the Festival’s rules or any instructions and orders from the Festival’s organisers are not adhered to, the Organiser will be entitled to expel the person from the Festival’s territory.

    Any vehicle movement in the Festival’s territory is subject to holding respective vehicle passes.

    CAMPING SITE

    Only Festival’s visitors holding a camping area ticket and a valid Festival wristband may enter into the camping area. To enter into and be present in the camping area, the visitor must hold a valid Festival wristband and a camping area wristband.

    In the territory of the camping area it is prohibited to:

    -use open fire (including candles, grills, oil lamps, torches etc.);

    -use narcotic substances;

    -carry in pets;

    -carry out commercial activities in the Festival’s territory without prior written approval from the Organiser;

    -promote, offer or distribute any products and services without prior written approval from the Organiser;

    -with one’s behaviour, threaten the safety of other visitors;

    -carry in any means of transport;

    -damage the property of other visitors.