Terms and Conditions for Online Orders and Orders Made in Writing
Terms and Conditions of Business and Use of Bayreuther Festspiele GmbH for Online Orders and Orders Made in Writing as well as for the Performances of the 2021 Richard Wagner Festival, including the Special Concerts on 10th, 22nd and 25th August 2021
1. Scope of validity
1.1. These Terms and Conditions regulate the legal relationships between Bayreuther Festspiele GmbH (hereinafter: “BF”) and the purchaser of tickets for (hereinafter also: the “Customer”) and the visitors to the performances of the 2021 Richard Wagner Festival, including the special concerts on 10th, 22nd and 25th August 2021; the term “performance”, as used in these Terms and Conditions, includes these special concerts.
1.2. By ordering tickets for the Bayreuth Festival, the Customer acknowledges these “Terms and Conditions of Business and Use for the 2021 Bayreuth Festival (Version for Online Orders and Orders Made in Writing)” as binding for both him/herself and all visitors to the performances for whom and to whom he or she has ordered and given tickets for their personal use. When concluding a contract to visit an event and purchasing one or more tickets, these conditions are deemed to have been agreed.
2. Ticket prices and fees
2.1. The tickets for each performance are allocated to various price categories. Only tickets of a single price category can be ordered for a particular performance.
Ticket prices can be viewed in the current valid price list.
2.2. In addition to the ticket price, the following fees are incurred for every successful order process or invoice:
– A processing fee of 6.00 euros for orders made in writing (6.); the processing fee of 6.00 euros does not apply to online orders (5.)
– Regardless of the form of the order, a fee of 4.00 euros for each seat sold
– Printing and shipping charges of 16.00 euros for delivery by post (7.2.)
2.3. Discounts will not be granted.
2.4. Performance programmes and other benefits are not included in the ticket price.
3. Provision of the invoice and terms of payment
3.1. In the standard procedure, invoices are only available for viewing, downloading and printing at www.bayreuther-festspiele.de in the Customer’s personal log-in area (“Meine Festspiele” or “My Festival”). Before the invoice is provided, the Customer will be informed by email that an offer to purchase admission tickets has been made and a corresponding invoice can be called up under “Meine Festspiele” or “My Festival”. If the Customer chooses to have the tickets sent by post (2.2., 7.2), the invoice will also be sent by post.
3.2. Payments are only to be made after BF has issued an invoice within the period specified there (three weeks from the date of the invoice) and must be made in euros.
3.3. The following methods of payment are available for paying for the admission tickets:
– Transfer to one of BF’s accounts
– Offsetting against credit from cancelled invoices for tickets for the 2020 festival season, if necessary, with additional top-up payment by bank transfer
4. General terms and conditions for orders
4.1. For the 2021 Bayreuth Festival, some of the tickets will be allotted to orders taking into account the factual criteria outlined under section 4.7 – in particular, previous waiting times – and some of them will be allotted independently of the aforementioned criteria on a “first-come, first-serve” basis – so-called online instant purchase tickets. Purchase of the latter group of tickets will be governed by the Terms and Conditions for Online Instant Purchase Tickets.
4.2. Ticket orders will only be accepted via the Internet (5.) or in writing (6.).
4.3. A valid email address and postal address for the Customer are required to order tickets. If a professional email address is provided, the Customer himself/herself must ensure that the email address provided for business purposes is allowed to be availed of for private use for the purpose of further processing and, if necessary, transacting the order (e.g., sending the invoice). If the Customer does not have an email address, or if he/she does not want to use an email address for the ordering process, then tickets can only be ordered in combination with postal delivery, which incurs a separate fee in the event that the order is successful (2.2, 7.2.).
4.3a. In view of the current distancing and hygiene rules, when ordering tickets, if more than one ticket is ordered for a performance, the Customer must declare whether the users of the tickets ordered for a performance belong to the same household. If a negative answer is given to the question of whether they belong to the same household, or no information is provided in this regard, only individual seats will be allocated that are positioned in accordance with the applicable distancing and hygiene rules.
4.4. Processing of ticket orders for the 2021 Bayreuth Festival will begin in April 2021 Orders must be placed so as to have been received on the BF server (5.) or be available in writing (6.) by 10th April 2021 at the latest.
4.5. Tickets can only be ordered for individual performances by seat category. Pre-selection of specific seats is not possible. If several tickets are ordered for the same performance, these will be placed next to each other – if available and permitted when taking the distancing and hygiene rules into consideration (4.3.1); the ticket purchaser has no right to adjacent seats. If the Customer explicitly states when ordering that he/she only wishes to purchase tickets that are next to each other, this may impact their waiting time in accordance with section 4.7 due to excess demand.
4.6. [not applicable]
4.7. Received orders will be processed independently of the order in which they were received. Tickets will be processed paying particular regard to previous waiting times and the demand for the individual performances (new production, weekday, allocation of seats [request for only adjacent seats] and price category). Tickets orders from previous years preceding the 2021 ticket order process which were not taken into account due to excess demand will be counted as waiting time. Ticket orders that were taken into account for the 2020 festival season will also be counted as waiting time; i.e., Customers who purchased tickets for the 2020 Bayreuth Festival but who were unable to use them because of the cancellation of the Bayreuth Festival due to the pandemic will have the 2020 order year counted as an additional waiting year. This only applies if the ticket purchaser has not requested a reimbursement of the fee paid for the 2020 tickets and therefore has a corresponding credit balance. In the event that several Customers have the same number of waiting years, and if there is excess demand, orders taken into account in the 2020 festival season, within the meaning of sentences 3 and 4 above, will be given priority.
4.8. [not applicable]
4.9. A maximum of two tickets for one performance can be ordered for each work performed at the 2021 Bayreuth Festival. Orders for several performances of the same work will not be considered.
4.10. If after taking into account of the waiting times according to section 4.7., the number of tickets ordered cannot be covered based on the available price categories, the allocation of tickets for a particular performance may be further limited per order beyond the limit mentioned under section 4.9. If available, BF reserves the right to alternatively offer other seats that fall under a different price category.
4.11. For each performance, there is a wheelchair space and a seat for an accompanying person (both price category 6); these can only be ordered and allotted as a pair. These seats can only be purchased using the online ordering process (5.) or the process for ordering in writing (6.).
4.12. For visitors with restricted mobility, a limited number of edge seats in the stalls (in price categories 2 and 3, with barrier-free access) are available for each performance. For the 2021 festival season, the specific number of such seats will depend on the course taken by the pandemic – in particular, on the so-called distancing and hygiene rules applicable in each given situation. BF is entitled to request proof from the Customer of a corresponding mobility impairment when issuing the invoice or before sending the tickets (e.g., an applicable disability ID card).
4.13. Upon acceptance of the submitted offer by means of payment of the invoice, including payment as a result of offsetting with credit (5.3. and 6.4.), and the entailed purchase of one or more tickets, a contract for attendance of the event comes into between the Customer and BF under the law of obligations; by virtue of this contract, the transfer of admission tickets will be dictated not by principles of property law but rather by the law governing legal claims.
4.14. If the Customer cannot be allocated any tickets, he or she will not receive a separate communication notifying him/her that his/her order was unsuccessful. If the Customer has not received an invoice by 31st May 2021, the order can generally be assumed to have been unsuccessful.
5. Online orders (standard orders)
5.1. Online orders can be placed at www.bayreuther-festspiele.de after registering for and successfully logging into the site.
5.2. By confirming completion of the order process by clicking on the “Order now” button, the ticket purchaser sends his or her ticket requests for
the 2021 Bayreuth Festival to BF (“invitatio ad offerendum” – an invitation to submit an offer). Provided that the requests of the Customer, including his or her desired alternatives, can be fulfilled by BG in full or in part, the Customer will receive an invoice in accordance with section 3.1., i.e., through it being made available in his or her personal log-in area (“Meine Festspiele”/”My Festival”).
5.3. At the same time, the BF invoice also constitutes an offer to conclude a contract for visiting an event under the law of obligations. Payment of the invoice amount within a payment term of three weeks from the date of the invoice, which is also the deadline for accepting the offer, shall be deemed to constitute binding acceptance of this offer. Payment of the invoice within the meaning of the preceding sentence 2 is equivalent to a declaration from the Customer that the invoice amount should be offset against any credit resulting from the 2020 festival season; the declaration can be submitted – after receipt of the invoice – in the Customer’s personal log-in area (“Meine Festspiele”/”My Festival”). The credit for the invoice amount, using the available payment methods, must be available to BF within the payment term (value date). The same applies to the receipt of any declaration to offset invoice amounts against existing credit. If such payments or declarations are not received on time, the tickets offered may be allocated to other customers. In this case, the Customer shall not be entitled to receive the previously offered and invoiced tickets or to be allocated other tickets. Claims for damages on the part of the Customer are in any case excluded.
5.4. Payment for tickets using the online order process is to be carried out by bank transfer or – if available – by means of the offsetting of any existing credit, subject to section 3. Any remaining credit from the previous year will be refunded to the Customer by bank transfer.
5.5. The Customer is him/herself responsible for ensuring the data he or she provides during the ordering process is correct. This applies both to the order itself (the performances selected, the number of tickets, etc.) and to personal information (postal address, email address, etc.) alike. The consequences of any mistakes made will be borne by the Customer.
5.6. The online ordering process in general and the specific ticket ordering transaction itself may be suspended or completely aborted by BF at any time if it is no longer possible to carry out the order transaction properly or lawfully. This applies, in particular, in cases where technical issues arise (hardware and software errors, computer viruses, server problems, etc.), in the event of external tampering or attempts at tampering, and/or where necessary legal conditions are not met.
5.7. BF points out the link to the EU Commission’s online platform for out-of-court online dispute resolution (the so-called “ODR platform”) http://ec.europa.eu/
consumers/odr/, which is placed on BF’s homepage.
5.8. BF’s email address is as follows: firstname.lastname@example.org
6. Orders made in writing
6.1. Orders made in writing must be sent by post to: Bayreuther Festspiele GmbH, Kartenbüro, Postfach 10 02 62, 95402 Bayreuth. Orders sent by fax or email
will not be recognised and will not be processed.
6.2. The BF order form is to be used for orders made in writing; this will be sent to the Customer by post by the BF ticket office along with the order documents following the suspended 2020 Bayreuth Festival in the event that he or she previously submitted an order in writing and requested this, or if requested from the BF ticket office. Written orders that do not use the BF order form cannot be processed on principle. In the case that such orders are received, BF is not obliged to respond to provide clarification.
6.3. When a written order is received by the BF ticket office, the ticket purchaser thereby transmits their ticket requests for the 2021 Bayreuth Festival to the BF (“invitatio ad offerendum” – an invitation to submit an offer). If the requests of the Customer, including his or her desired alternatives, are able to be fulfilled by BF, in full or in part, the Customer will receive an invoice in accordance with section 3.1.
6.4. The regulations of sections 5.3. until 5.5. apply mutatis mutandis. Notwithstanding section 5.3. sentence 3, the declaration can also be submitted by post using a form that is sent with the invoice.
7. Personalisation and activation, provision and dispatch of the tickets
7.1. All tickets issued as part of an order transaction will be made out in the name of the person who ordered the tickets; prior to provision or dispatch of the tickets, the actual users of the tickets in question must also be specified, in accordance with the following provisions; in each case, the user’s name will also be shown on the ticket.
7.2. In the standard procedure, after being paid for in full, the tickets can be accessed from 15th June 2021 onwards at www.bayreuther-festspiele.de in the Customer’s personal log-in area (“Meine Festspiele”/”My Festival”) and then printed out after successful personalisation (7.3.). If the Customer chose postal delivery when placing his or her order, the tickets will then be sent as printed tickets by post, at the Customer’s risk, to the shipping address provided from 15th June 2021, following payment in full and after personalisation is complete (7.4.). Additional fees are incurred for postal shipping per order (invoice), in accordance with section 2.2. Postal shipping is in principle only possible for orders within Germany and Europe.
7.3. The tickets provided at www.bayreuther-festspiele.de in the Customer’s personal log-in area must be personalised by the Customer before being printed out by specifying the first and last name of the particular user, in each case. It is also the responsibility of the Customer to print out the tickets. Only tickets that bear the name of the specific user, and which are thus activated, will be valid. The Customer must personalise and activate the tickets by no later than seven calendar days before the performance in question; after this deadline has expired, personalisation and activation of the tickets will no longer be possible. No compensation will be issued for tickets that are not personalised on time (8.1.). Personalised tickets can only be transferred and allocated to another user by the BF ticket office in accordance with section 8.2.
7.4. If the Customer chose postal delivery when ordering his or her tickets, the tickets can be personalised by the Customer after payment in full up until 14th June 2021 at www.bayreuther-festspiele.de, in the personal log-in area of the Customer (“Meine Festspiele”/”My Festival”), by specifying the particular user. Only tickets that have been personalised for a specific user will be valid and sent by post. If the Customer does not have a personal log-in area, personalisation can also be carried out in a similar manner using a corresponding form, which – provided the Customer chose postal delivery and an offer to purchase tickets is able to be extended to him or her – will be sent to the Customer along with the invoice and is to be sent back to the address specified in 6.1. The Customer must personalise the tickets by 14th June 2021 at the latest in the event of online personalisation as per sentence 1 above, regardless of the specific performance date, and by 10 th June 2021 at the latest in the event of analogue personalisation as per sentence 2 above (the personalisation form must be received by BF by this date); after this deadline has expired, personalisation and postal delivery of the tickets is no longer possible. The regulations under 7.3. sentences 4 and 5 apply mutatis mutandis.
7.5. Due to the distancing and hygiene regulations as a result of the coronavirus pandemic, directly adjacent seats may only be registered to users of the same household. This must be confirmed by the ticket purchaser accordingly during the course of personalisation when asked by BF. Untruthful information will invalidate the tickets for both adjacent seats. The registered users will have to prove upon admission (e.g., by means of a personal identity card/registered address) that they belong to the same household.
7.6 The date, time and performance on the invoice as well as on the allocated and dispatched tickets must be checked upon receipt. Any errors compared to the
order or invoice must be reported to BF immediately.
8. Return and transfer of tickets
8.1. Tickets already paid for can, on principle, neither be returned nor exchanged. The resale of tickets by the Customer is subject to a prohibition of assignment in certain cases (10.4.). No compensation will be given for expired tickets. This also applies in the event that the tickets are not personalised and activated on time (sections 7.3. and 7.4.).
8.2. Tickets that have been personalised in accordance with section 7.3. or 7.4. can only be transferred to another user by the BF ticket office, at the Customer’s
request. Handwritten changes to the name of the user made by the Customer or other third parties, and, similarly, any details that are crossed out, will invalidate
the ticket. BF is entitled to charge a fee of 5.00 euros for transfers. This will not apply if the Customer proves objective reasons for why the transfer is necessary (e.g., medical certificate, death, etc.).
8.3. Holders of admission tickets as part of the standard procedure that have not been personalised in accordance with section 7.3. or 7.4. or not correctly transferred in accordance with section 8.2. may be denied entry by BF and not be able to attend the performance.
8.4. Changes to cast and crew, including to the musical directors and the production teams, and other changes to the order of events of a performance do not entitle the holder to return tickets.
8.5. If a performance is called off mid performance, the entrance fee will only be refunded if at the time of cancellation no more than one act – including in the case of Der fliegende Holländer – or, in the case of Das Rheingold, no more than one scene has been shown. The right to a refund shall expire if the claim is not asserted to BF within two weeks of the performance in question in at least text form.
8.6. If a performance is cancelled before it has commenced, the tickets affected by the cancellation of the performance will be accepted as returned against reimbursement of the ticket price, however, not including the fee of 4.00 euros per seat sold and not including any processing and/or postage fee, where incurred. The right to a refund shall expire if the claim is not asserted to BF within two weeks of the performance in question in at least text form. The exclusion of a refund of the fee per seat sold for the purposes of paragraph 1 above shall not apply, however, if the Bayreuth Festival has cancelled or suspended the contractual event or performance(s) for cause, or called it/them off mid-performance for cause, either in general or as a result of a business decision by BF that is due to the effects of the current COVID-19 pandemic. For the purposes of this clause, cause shall be deemed to be provided in the event that, for example, part of the staff or employees of BF are quarantined or the number of audience members is restricted to a disproportionate level by the law or official order, or to prevent/contain an acute infection event (“superspreader event”) even in the absence of an official order .
8.7. In the case of paragraphs 8.5. and 8.6., any further claims on the part of the Customer or ticket holder are excluded.
9. Loss of tickets
9.1. If a visitor loses a ticket, he or she may request at the BF ticket office for a replacement ticket to be issued, for a fee, up to 30 minutes before the start of the performance for which the ticket has been lost, if the visitor proves, naming the specific seat, or plausibly asserts which ticket was purchased and ultimately got lost. A replacement ticket may only be requested once. Issuance of a replacement ticket (duplicate) can only be requested by the Customer to whom the ticket(s) is/are issued or the personalised user by presenting a photo ID. Replacement tickets will strictly only be handed over to these people. The charge for issuance of a replacement ticket is 5.00 euros.
9.2. In the event that standard-procedure tickets for the same seat are presented by two visitors for a performance, the person to whom the ticket is personalised will always take precedence over the owner of the other ticket. If, in the case of tickets delivered by post, both the original ticket and a replacement ticket for the same seat are presented by different visitors, the holder of the original ticket will, in principle, take priority over the owner of the replacement ticket. In both cases, the other ticket does not give rise to any entitlement to be assigned a different seat or to a refund of the purchase price. In justified exceptional cases, BF may pronounce and/or recognise reverse priority. The affected ticket holder, in each case, shall neither be entitled to have such an exception recognised nor
have any claims against BF based on the recognition of such an exceptional case contrary to the rule.
10. Further sale and passing on of admission tickets
10.1. BF is financially supported by the Federal Government Commissioner for Culture and the Media, by the Free State of Bavaria, by the city of Bayreuth, by Gesellschaft der Freunde von Bayreuth e.V., and by the district of Upper Franconia. It feels obligated to a balanced and appropriate pricing policy and is committed to maintaining or enforcing a social price structure and fair distribution.
10.2. By accepting these conditions, the ticket purchaser declares that the admission tickets are only being acquired for private use only.
10.3. The ticket orderer and purchaser may only transfer his or her rights and obligations under the contract concluded with BF for attendance of an event (4.1.), and thus also the right to demand access to the performance(s), to a third party by way of assignment of claims if the third party takes over all rights and obligations in the contract with BF in place of the ticket purchaser and there is no ban on assignment within the meaning of the regulations below.
10.4. The resale of admission tickets is prohibited in the following specified cases (prohibition of assignment); consent will not be given in these cases:
a) in the event that admission tickets are sold or handed over to or purchased on behalf of a third party if this is done as part of a commercial activity and/or for gain.
b) if tickets are sold via unauthorised internet platforms, such as, in particular, eBay or unauthorised online ticket exchanges (e.g., viagogo) or within the framework of Internet auctions that are not authorised by BF; in each case, with the exception of sales by way of so-called instant sale or instant purchase at a price that does not exceed the original price of the ticket, including the ticket fee and – if incurred – any proportional share of a processing fee, plus such costs that were or are incurred by the seller due to the purchase and/or due to the resale of the ticket in this way (e.g., postage and/or, e.g., an eBay fee
c) if tickets are sold at a price which exceeds the original price of the ticket, including the ticket fee and – if incurred – any proportional share of a processing fee, plus such costs that were or are incurred by the seller due to the purchase and/or the resale of the ticket.
d) if tickets are sold in order to make a profit or tickets are purchased on behalf of a third party in order to make a profit from this brokerage activity, where the intention to make a profit, for these purposes, means the intention to sell at a price that exceeds the original price of the ticket. including the ticket fee and –
if incurred – any proportional share of a processing fee, plus such costs that were or are incurred by the seller due to the purchase and/or the resale of the ticket.
e) if tickets are passed on and/or sold for advertising or marketing purposes, as a bonus, a giveaway or prize, or as part of a hospitality or travel package not authorised by the event organiser.
f) if tickets are sold without reference to these Terms and Conditions.
10.5. The resale or passing on of tickets in adherence with the provisions mentioned in section 10.4. b) – f) remains unaffected.
10.6. Tickets that are resold or passed on after personalisation has been carried out (7.3., 7.4.) must always be transferred to the name of the new user in accordance with section 8.2, regardless of the above provisions under sections 10.3. and 10.5.
10.7 BF may refuse to issue and send tickets to persons who have violated the above provisions in sections 10.2. to 10.4. or who have attempted to make a resale that violates the above regulations in sections 10.2. until 10.4. The same applies to people who deal in tickets commercially or for gain without the prior written consent of BF or who have sold or attempted to sell tickets from a previous festival season in violation of the applicable regulations regarding resale and passing on of tickets, or who make such tickets available to such persons. In these cases, BF shall also be entitled to refuse to transfer tickets in accordance with 10.6.; this applies regardless of who is seeking the transfer. Tickets already offered and/or made available to the Customer for printing out or sent to the Customer may be demanded back by BF and/or declared ineffective (electronically barred via the barcode) in the event of a violation of the above regulations in sections 10.2.
to 10.4. This also applies in cases of attempted sale in violation of the above regulations in sections 10.2. to 10.4.
10.8. Holders of barred tickets may be denied access by BF and not be able to attend the performance.
10.9. BF is not liable for the validity of tickets from other ticket providers or for their services or prices.
11. Starting times and admission
11.1. Only the publications officially issued by BF, the website operated by BF (www.bayreuther-festspiele.de) and the tickets themselves
contain binding data (date and start times) relating to the performances. Last-minute changes such as would postpone the start of the performance to later on the same day remain reserved. BF takes no responsibility for statements made in other publications.
11.2. For safety reasons and out of consideration for the participating artists, once the performance has started, visitors may only be admitted into the auditorium during an official break. Due to applicable security requirements, delays may occur during checks when entering the Festival Theatre and there may be longer waiting times at the cloakroom and/or cloakroom depots in front of the Festival Theatre. The visitor him/herself must be sure to leave sufficient time in advance for this. Delays caused as a result will not entitle the visitor to enter the auditorium after the performance has started.
12. Domiciliary rights and restrictions on taking objects in on one’s person
visitor will disrupt the performance or bother other visitors. No refund of the ticket price will be given in such cases.
12.2. The visitor is only allowed to sit in the seat shown on his or her ticket or assigned to him/her by the admission staff. If he/she sits in a seat for which
he/she does not have a valid ticket – in particular, one personalised in his/her name – or which has not been assigned to him/her, BF may eject the visitor from the seat or expel him/her from the performance.
12.3. The private offering and resale of tickets on the premises and grounds of the Bayreuth Festival Hall are prohibited.
12.4. Mobile phones, pagers and any kind of transmitter of acoustic signals may only be taken into the auditorium if they are switched off.
12.5. Taking food and drinks into the auditorium and consuming them there is not permitted.
12.6. For reasons of animal protection and space, guide dogs or other pets with analogous functions may not be taken into the auditorium. If notified in advance of persons affected by this, BF will have admission staff ready to guide people and assign them their seats.
12.7. For safety reasons, it is prohibited to take bulky or dangerous objects – regardless of their size – or seat cushions into the Festival Theatre. Handbags are allowed up to a maximum size of 18cm x 26cm x 6cm. In the event of official safety requirements that deviate from these Terms and Conditions, the former shall have priority.
12.8. Smoking is forbidden in all publicly accessible rooms of the Bayreuth Festival Theatre.
12a. Special provisions for the pandemic
12a.1. Seats located directly next to each other may only be used by people from the same household due to the coronavirus-related distancing and hygiene regulations (7.5.).
12a.2. The Bayreuth Festival will observe and implement all legal, regulatory and official requirements applicable at the time in question in connection with the current corona pandemic. The measures taken in each case are binding for the ticket purchaser and the users of the tickets named by him or her.
12a.3. In order to protect the health of BF employees as well as other participants and visitors to the Bayreuth Festival, BF is entitled, at its own discretion, and regardless of the applicable statutory, regulatory or official requirements, to put in place hygiene standards along with relevant rules of conduct, such as, in particular, the requirement to wear a face covering or mask, observance of social distancing and travel routes (one-way regulations) or the use of disinfectants, as well as related protective measures for any time spent in the Festival Theatre and its ancillary buildings. The user of the tickets shall be obliged to observe such standards, rules and measures. The ticket purchaser or user is not entitled to have such measures implemented.
12a.4. In order to protect the health of BF employees and other participants and visitors to the Bayreuth Festival, the user is also obliged to take part in any rapid coronavirus tests that BF schedules or carries out. The ticket purchaser or user is not entitled to have such measures implemented.
13. Prohibition of image or sound recordings
The production of image or sound recordings of any kind in the auditorium is prohibited – not least for copyright reasons. Violations may lead to claims for damages or measures in accordance with section 12.1.
14. Audiovisual recordings and photographs taken by BF or third parties
14.1. In the event that an audiovisual recording is made of a performance, the spectator may be visible in the picture as a part of the audience. Mirror images are also possible, depending on the particular scenes. The audience member consents unconditionally to the exploitation of these recordings without any restriction as to content, term or territory. The affected audience member shall not be due any claims in this regard, including claims to any kind of remuneration.
14.2. By purchasing a ticket or by attending a performance, the visitor furthermore consents to BF or third parties commissioned or authorised by BF producing, reproducing and exploiting audiovisual recordings and/or photographs in which the visitor is able to be identified as a visitor to the performance, with no restriction as to content, term or territory. The affected audience member shall not be due any claims in this regard, including claims to any kind of remuneration.
14.3. The ticket purchaser and the visitor to a performance are aware that photographs and audiovisual recordings may be made by other visitors, both in the Festival Theatre and on the festival grounds, in which the visitor is able to be identified as a visitor to the performance. BF is not liable for such recordings; this
applies, in particular, in the event that these recordings are made publicly accessible on the Internet (e.g., on social media platforms such as Facebook and the like). The regulation in section 13., as well as any rights of the visitor concerned against the third party who
made these recordings and/or who made then publicly accessible, remain unaffected.
BF, its legal representatives and vicarious agents shall only be liable for damage caused by visitors on the premises or on the grounds of the Bayreuth Festival Theatre in the event of wilful intent or gross negligence. This limitation of liability does not apply to claims arising from injury to life, body or health.
16. Data protection regulations
16.2. The ticket purchaser consents to the storage of his or her personal data and its use as outlined in the provision above at the latest upon payment of the invoice (acceptance of the offer in accordance with section 5.3. or 6.4.). This approval can be revoked from BF at any time. The rights of
the ticket purchaser as data subject and other information relating to data protection according to Art. 13 GDPR can be accessed at https://ticketshop.bayreuther-festspiele.de/en/datenschutz.
16.3. BF makes use of services of other companies and/or individuals in connection with the execution and processing of the order or contract as well as the newsletter (section 17) – provided this has been signed up for (e.g., sending letters or emails, processing payments by credit card or Sofortüberweisung instant payment service, etc.). These service providers have access to personal information and data of the Customer, insofar as this is required to fulfil the relevant tasks at hand. However, they are not permitted to use this information and data for other purposes. These service providers are also responsible for compliance with the current data protection regulations as well as the relevant data protection laws. In addition, the Customer’s personal data, including the
By signing up for the Bayreuth Festival newsletter, the Customer consents to BF using the personal data he or she has disclosed, in particular, the email address provided, as well as his or her personal order data, in order to provide the Customer with both general and personalised advertising and/or to present or offer special offers and/or services; this includes offers and services from BF in collaboration with third parties (e.g., sponsors). If the Customer does not wish (or no longer wishes) to receive such advertising or be presented with such offers or services, he or she may refuse or revoke his/her consent at any time. To do so, a message in text form to the contact details mentioned in the newsletter (e.g., an email, fax, letter) or unsubscribing is sufficient. It is possible to unsubscribe from the newsletter using the link contained at the end of each email.
18. Force majeure
18.1. Should it not be possible to carry out the Bayreuth Festival in general and/or to carry out the contractual event or performance(s), in particular, due to force majeure, the obligations entered into by both parties shall cease to apply.
18.2. Force majeure “means the occurrence of an event or circumstance that is beyond the reasonable control of the parties, that was not reasonably foreseeable at the time the contract was concluded, and whose effects could not reasonably have been avoided or overcome by the parties.
18.3. Force majeure is presumed to exist in the case of the following events: war (declared or undeclared), hostilities, attacks, acts of foreign enemies, extensive military mobilisation; civil war, riots, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy; currency and trade restrictions, embargo, sanctions; lawful or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalisation; plague, epidemic, pandemic, natural disaster or extreme natural event; explosions, fire, destruction of equipment, prolonged breakdown or suspension of means of transport, telecommunications, information systems or energy; general industrial unrest, such as boycotts, strikes and lockouts, go-slow strikes, occupation of factories and buildings.
18.4. In the event that it becomes impossible to carry out the Bayreuth Festival in general and/or to carry out the contractual event or performance(s) in particular due to events and circumstances that constitute an impact or effects of the current COVID-19 pandemic, the fact that these events or circumstances were foreseeable, or could be or had to be considered possible, at the time the contract was concluded shall not preclude force majeure within the meaning of the preceding paragraphs. In this case, neither contracting party can claim that these events or circumstances were not beyond the reasonable control of the parties, that they were reasonably foreseeable at the time the contract was concluded, or that their effects could reasonably have been avoided or overcome by the parties.
19. Severability clause
Should any provisions of these Terms and Conditions of Business and Use be or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions. Any invalid clause or partial clause is to be replaced by a provision that comes as close as possible to the ineffective provision.
Last update: 22nd February 2021
Prof. Katharina Wagner, Holger von Berg
Managing Director of Bayreuther Festspiele GmbH