Terms of Business and Conditions of use of Bayreuther Festspiele GmbH for the performances at Richard-Wagner-Festspiele 2015
1.1. These general terms and conditions regulate the legal relationships between Bayreuther Festspiele GmbH (hereafter: BF) and the ticket buyers and visitors to the performances at Richard-Wagner-Festspiele 2015.
1.2. By ordering admission tickets for the Bayreuther Festspiele the buyer recognises the binding nature of these "Business Terms and Conditions of Use for the Bayreuther Festspiele 2015" as valid for him/herself and all visitors of the performances who receive tickets from him/her on the basis of his/her order. By concluding a contract to visit the performance and by the purchase of one or more tickets, these conditions become a valid agreement.
2.1. The admission tickets to a performance are allocated to various price categories. Tickets from these various price categories can be ordered for each performance. Ticket prices can be viewed in the relevant and currently valid price list.
2.2. In addition to the price of the tickets a handling charge of 6.00 Euro will be payable for each order process (invoice), as well as a charge of 2.00 Euro per invoiced ticket ("Der Ring des Nibelungen" 4 x 2.00 Euro per ticket). An additional charge of 5% of the invoice sum is incurred for payments made by credit card (3.3). The handling charge of 6.00 Euro will not be incurred for successful online orders (6.); the regulation regarding charges made for each invoiced admission ticket remains untouched.
2.3. Discounts will not be granted.
2.4. Performance programmes (brochures) and other benefits are not included in the ticket price.
3.1. Payment is to be made only after the invoicing procedure has been successfully completed by BF and within the period of time stated in the invoice, unless the person ordering is required to give payment immediately after completion of the online-order-procedure (immediately-payable online-tickets, 4.1.).
3.2. The following methods of payment are available for payment of the tickets:
BF reserves the right to offer further possibilities for payment.
3.3. In the case of immediate payment by credit card an extra charge of 5% of the invoice amount will be made.
4.1. For each performance at the Bayreuth Festspiele 2015, a proportion of the entry tickets will be designated in consideration of existing waiting times (4.6.). Another proportion will be designated according to the "first-come, first-served" principle, referred to in the following as immediately-payable online-tickets.
4.2. Ticket orders will only be accepted in writing (5.) or by Internet (6.). Ticket orders for immediately-payable online-tickets (4.1) will only be accepted via Internet.
4.3. Processing of ticket orders for the Bayreuther Festspiele 2015 begins on 21 October 2014. Orders are to be made in such a way as to ensure that they arrive on the server of BF by 21 October 2014 at the latest. This is not the case for immediately-payable online-tickets (4.1); such ticket orders will only be accepted as of 2 PM CET on
1 February 2015 via Internet.
4.4. Ticket orders for each of the individual performances can only be made by seat category. Pre-selection of concrete seats is precluded. Orders for several tickets to the same event will be processed in such a way as to allow ticket holders to be situated adjacent to each other, insofar as suitable places are available.
4.5. The performances for the tetralogy Der Ring des Nibelungen, consisting of the individual works Das Rheingold, Die Walküre, Siegfried and Götterdämmerung, can only be ordered together, for the whole cycle, with the exception of Siegfried IV (5 August 2015) which is to be performed independent of the cycle.
4.6. Orders received will be processed independently of the order in which they were received. The processing of orders will take place under consideration of waiting periods. If a ticket order took place before 2015, and due to high demand was not considered, this will be counted as waiting time as long as the ticket orders were made annually, consecutively to Bayreuther Festspielen. This regulation is not valid for orders of immediately-payable online-tickets (4.1); such incoming online orders will be processed solely according to the order in which they arrive (first come, first-served).
4.7. If – after consideration of the waiting times in accordance with paragraph 4.6. Sentences 1 and 2 – the number of ordered tickets cannot be covered within the framework of the available price quota, then a limit may be applied to the possible number of tickets per order for each performance. If alternative seats in another price category are available, the ticket office of BF retains the right to offer these.
4.8. With the acceptance of the transmitted offer (5.3 and/or 5.4, 6.3 and 6.5) and the resultant purchase of one or more admission tickets, a legally obliging contract comes into existence, relating to attendance at the event, between the person ordering the tickets and BF; the enforceability of this contract does not underlie the principles of property law but the principles of debt recovery law.
4.9. If no admission tickets can be allocated to the person ordering, then he/she will not receive separate notice of this. If the person ordering does not receive an invoice by 31 March 2015, it can be assumed that the order was not effective.
5.1. Written orders are to be sent to: Bayreuther Festspiele GmbH, Kartenbüro, Postfach 10 02 62, 95402 Bayreuth
5.2. Written orders are generally to be tendered using the order form of BF. Freely written orders can only be processed if they contain all of the necessary data and information necessary for processing. BF is not obliged to clarify queries in such cases.
5.3. By placing a written order at the ticket office of BF, the person ordering the tickets is placing a binding order, which is liable to costs, with BF, as well as a binding offer to conclude a contract under the law of obligations, related to the attendance of the event. The delivery of the invoice makes the acceptance of this offer valid as an obliging confirmation of the tickets listed in it. This is also valid in the case of any invoiced, alternative order, made by the person ordering, which has validity as an alternative order of the person ordering. The credit entry, which proves payment of the invoice total, via the methods of payment made available, must be submitted to and have arrived at the BF-ticket-office before the payment deadline stipulated on the bill. Otherwise the tickets may be allocated elsewhere. The person ordering the tickets has no right, in this case, to lay claim to other admission tickets. Any right of the person ordering the tickets to claim for damages is precluded.
5.4. If the admission tickets listed in the invoice should differ from the transmitted ticket order (including any given alternatives), this is to be understood as a new offer to the person ordering the tickets to buy these tickets and conclude an enforceable contract related to the attendance of the event. The payment of the invoice total before the deadline given on the invoice validates the binding acceptance of the offer made. Sentences 4 to 7 of the aforementioned paragraph 5.3 are valid accordingly.
6.1. Online orders can be made underhttp://ticket.btfs.de. Online orders for immediately-payable online-tickets (4.1) will only be accepted via Internet as of 2 PM CET on 1 February 2015.
6.2. Payment of admission tickets using the online order system is possible under recognition of the stipulation in paragraph 3 by means of bank transfer or credit card. This is not the case for immediately-payable online-tickets for which payment is only possible by credit card or Paypal as stipulated in Paragraph 3.
6.3. In confirming the conclusion of the order process, by clicking the button "Place binding order under obligation of payment", the person ordering the tickets places a binding order under obligation of payment to Bayreuther Festspiele GmbH as well as a binding offer to conclude a binding contract under the law of obligations related to the attendance of the event. The regulations of paragraph 5. 3 Sentences 2 to 7 and Paragraph 5. 4 are valid accordingly.
6.4. During the online order of immediately-payable online-tickets (4.1) a maximum of 2 entry tickets for two individual works each (Tristan, Lohengrin, Holländer, Siegfried IV) or a maximum of two entry tickets for the entire cycle of Der Ring des Nibelungen (4.5.) may be ordered per person ordering.
6.5. The person ordering will, during the online-basket phase, thus, before conclusion of the order process, receive suggestions in accordance with the number of tickets selected with regard to concrete seating categories, insofar as these are available for the order in question. The content of the online basket is reserved for 60 minutes as of the first basket entry. If the order process is not successfully concluded within this time period, then the entire content of the online-basket will be deleted and the order process cancelled. For the sending of the order the regulations stipulated at number 6.3, Sentence 1 are valid. The conclusion of the contract becomes valid with BF's agreement to the order of the tickets, following the clarification of payment methods. The confirmation of successful order of tickets will be additionally confirmed per e-mail to the person ordering the tickets; at the same time this person will be required to verify their account data. The regulations of paragraph 5.3, sentences 4 to 7 are valid accordingly under the provision that, in the case of payment by credit card or Paypal, the credit entry of payment is not the deadline stated in the invoice, but within 14 days of conclusion of the contract.
6.6. The person ordering is solely responsible for the data given by him/her during the order process and for the data verified afterwards. This is valid for the order accordingly as such (selection of the performance, number of tickets, determination of the payment method etc.) and for personal data (address, e-mail address etc). The consequences of any mistakes made will be borne by the person ordering.
6.7. The online order process itself, as well as the concrete ticket order process, may be interrupted at any time or cancelled completely by BF if a proper or legal execution of the order process is no longer possible. This includes, in particular, cases involving technical difficulties (hardware and software errors, computer viruses, server problems, etc.) and external manipulations or attempts to manipulate and/or a lack of legal prerequisites.
7.1. Immediately-payable online-tickets will only be supplied in digital form. Conventional paper admission tickets cannot be made available to the person ordering, also not on request. Immediately-payable online-tickets will be transferred as PDF files per e-mail to the person ordering, after verification of the customer's account and are to be printed out by him/herself. Immediately-payable online-tickets are to be shown in paper form at the point of entry; tickets only shown in electronic form (e.g. smart phone or other technology) will not be regarded as sufficient and cannot be accepted for technical reasons.
7.2. One immediately-payable online-ticket gives only one person the right to admission. The immediately-payable online-ticket will be cancelled upon registration by the visitor who displays it first. There is no right to access for any further visitors in possession of a second print of an immediately-payable online-ticket which has already been cancelled. BF is not obligated to clarify the legality of the possession of the first visitor; BF does however retain the right to do so.
7.3. Immediately-payable online-tickets ordered will be sent by e-mail to the e-mail address verified by the person ordering at the risk of the person ordering. Insofar as the person ordering has an online customer account, he/she can also view all online tickets again, via the area "Meine Festspiele" (My Festspiele) on the start page of the respective shop page, and print them out. The same is true for invoices.
7.4. At the point in time of sending the tickets by e-mail and -- insofar as a customer account is available -- by making the tickets available to call up online under "Meine Festspiele” (My Festspiele) all obligations of BF with regard to the purchase of immediately-payable online-tickets have been fulfilled. Admission tickets will not be sent by post or held in deposit for the buyer. In particular, any (security) technical settings of the e-mail account of the addressee of the immediately-payable online-tickets (spam filter etc.) lie solely within his/her own responsibility.
7.5. The person ordering and the person receiving the immediately-payable online-tickets is solely responsible him/herself for securing the ticket and, in particular, the authorisation code printed on it. He/she cannot appeal on the grounds that another person has used their immediately-payable online-tickets to obtain admission to the performance. He/she is furthermore obligated to ensure that only one copy and/or version of the immediately-payable online-ticket(s) exists, in particular if this has been reprinted or forwarded to the person ordering/addressee per mail, MMS or any similar means. Otherwise there is a danger that another person will make use of the additionally existent copy/version of the immediately-payable online-ticket to obtain access to the performance and, in doing so, cancel the authorisation code which can only be used once, with the result that the original person ordering/procurer of the immediately-payable online-ticket will no longer be able to visit the performance. BF recommends storing the immediately-payable online-ticket as carefully as one would store cash or securities in order to prevent the creation of copies by unauthorised third persons and/or to avoid any other form of misuse.
7.6. The regulations contained within these general terms and conditions, with regard to "admission tickets", are valid for immediately-payable online-tickets in accordance with and with reference to the regulations stipulated at paragraphs 4.1 and 7.1. to 7.5. accordingly, unless invalidity or another form of validity has been expressly referred to.
8.1. Entry tickets resulting from the order process will be personalised with the name of the person ordering the tickets.
8.2. After total payment has been made, the tickets will be sent to the given postal address by registered post (inland) or by registered post with confirmation slip (foreign countries) at the ordering person's own risk. This not valid for immediately-payable online-tickets, the dispatch of which is regulated under paragraph 7.3.
8.3. The date, time and performance on the allocated and delivered admission tickets are to be checked after receipt. BF is to be informed immediately of any mistakes found when comparing the tickets with the order or invoice. The regulation stipulated at paragraph 6.6. remains untouched for online orders.
9.1. Entry tickets already paid for, as a general principle, can be neither returned nor exchanged. Expired tickets and -- in the case of immediately-payable online-tickets -- immediately-payable online-tickets which have been cancelled by another person or other persons will not be replaced.
9.2. Changes in casting and other changes to the order of the event do not justify the return of tickets.
9.3. If a performance is cancelled, the admission fee will only be returned in the case that, at the point in time of the cancellation, less than half of the performance has been shown. The right to refund expires if the claim is not asserted to BF within two weeks after the performance in question.
9.4. In the case of cancellation of the performance before it has begun, the admission tickets affected by the cancellation of the performance will be taken back and the admission fee will be returned, including the charge of 2,00 Euro per entry ticket (for Der Ring des Nibelungen 4x 2,00 Euro per entry ticket), but not including the handling charge. The right to refund expires if the claim is not asserted to BF within two weeks after the performance in question.
9.5. In the cases of Paragraphs 9.3 and 9.4 any further claims or rights of the ticket holder or the person ordering the tickets are precluded.
10.1. If an entry ticket is lost, a one-time application for the issue of a replacement ticket, which will be charged for, can be made up to 30 minutes before the beginning of the performance at the ticket office of BF, provided the visitor can provide proof by naming the exact seat or stating plausibly which ticket has been acquired and lost. The replacement ticket (duplicate) will be kept for the visitor at the ticket office of BF and can, as a general principle, only be collected by the person in whose name the ticket is registered after presentation of photographic proof of identity. The charge for issuing a replacement ticket is 25 Euro. This entire regulation is not valid in the case of loss of one or more immediately-payable online-tickets.
10.2. If the original ticket and the replacement ticket for the same seat are presented by different visitors, then the holder of the original ticket will, as a matter of principle, be given precedence over the holder of the replacement ticket. The replacement ticket does not, in this case, justify any right to be allocated to another seat or return of the ticket price. BF is not obliged to check whether the holder of the original ticket is also the legal owner of that ticket. In exceptional cases, BF can declare or recognise a reverse order of precedence. The affected ticket owner has neither the right to recognition of an exceptional case nor the right to raise a claim against BF on the grounds of recognition of such an exceptional decision in contrast to the usual case. This entire regulation is not valid for immediately-payable online-tickets.
11.1. BF is sponsored by the delegates of the Bundesregierung für Kultur und Medien (German Federal Government for Culture and Media), by Freistaat Bayern (the Free State of Bavaria), by Stadt Bayreuth (the City of Bayreuth), by the Society of Friends of Bayreuth e.V. (Gesellschaft der Freunde von Bayreuth e.V.) and Bezirk Oberfranken (the District of Oberfranconia). The sponsors feel obliged to a balanced and fair price policy and endeavour to make just distribution possible.
11.2. The person ordering tickets declares by his/her acceptance of the conditions that the admission tickets are being acquired solely for private use.
11.3. The person ordering and the person receiving can only cede his/her rights and obligations under this contract concluded with BF and related to the event including, as a result, the right to demand admission to the performanc(es) to a third-party under the condition that the third-party assumes all rights and obligations in the stead of the person ordering as a contract party with BF and under the condition that no ban on such a cession exists as according to the following regulations.
11.4. The resale of admission tickets is forbidden in the following cases (ban on cession); agreement will not be given in these cases:
a) in the case of sale or forwarding of admission tickets or the procurement of admission tickets for third parties if this occurs within the framework of professional and/or commercial business,
b) in the case of sale of admission tickets within the framework of Internet auctions which have not been authorised by BF,
c) in the case of sale of admission tickets at a price which is higher than the original price of the admission tickets plus any costs which occur to the seller as a result of the procurement or the resale of the admission tickets,
d) in the case of sale of admission tickets to make a profit or the act of procuring admission tickets in the name of a third person in order to make a profit by acting as an agency,
e) in the case of forwarding and/or resale of admission tickets for purposes related to advertising or marketing, as a bonus, giveaway or prize or as part of a hospitality or travel programme or
f) in the case of sale of admission tickets without reference to these general terms and conditions.
11.5. The resale or forwarding of admission tickets without the intention of making profit under the conditions stated at paragraph 11.4. b)-f) remains untouched.
11.6. BF may refuse to distribute admission tickets to those persons who deal commercially with admission tickets without prior permission of BF, or those who make admission tickets available to such persons. Admission tickets which have already been allocated and/or sent to the person ordering may be declared invalid (electronic locking of the barcode) or demanded back by BF in the case of violation of the foregoing stipulations at paragraphs 11.2. to 11.4.
11.7. Holders of such locked admission tickets can be refused entry and visitation of the performance by BF.
11.8. The sale of tickets on the grounds of BF is forbidden without exception.
11.9. BF is neither liable for the validity of admission tickets of other ticket sellers nor for their performance nor their prices.
12.1. Only the official publications of BF on the BF-run website (www.bayreuther-festspiele.de) and on the admission tickets themselves contain binding performance-related data (date and beginning times). The right to make short-term changes is reserved. BF takes no responsibility for statements made in other publications.
12.2. After the beginning of the performance, visitors can only be let into the auditorium during an official break, for reasons of safety and of consideration towards the performing artists and the other visitors. As of the beginning of the performance, any right to the seat number stated on the ticket becomes invalid.
13.1. BF practices householder's rights at Festspielhaus Bayreuth. BF is entitled to declare bans, expel persons from the house and take any other suitable measures within the framework of these householder's rights. In particular, visitors can be expelled from performances if they disturb these, bother other guests or, in any other serious manner or repeatedly, break the house rules or any conditions of use related to the event. Entry can be refused if there is a founded suspicion that the visitor will disturb the performance or bother other guests. A refund of the ticket price will not occur in such cases.
13.2. The visitor is only allowed to take up the allocated seat, as stated on his/her entry ticket. If he/she has taken up a seat for which he/she does not possess a valid ticket, then BF may either charge the price difference or instruct the visitor to leave that seat or even the whole performance.
13.3. To privately offer or resell admission tickets within the rooms or on the grounds of Festspielhaus Bayreuth is forbidden.
13.4. Mobile electronic devices, pagers and acoustic signalling devices of any kind can only be taken into the auditorium if they are turned off.
13.5. It is not permitted to take food or drink into the auditorium or to eat or drink there.
13.6. For reasons relating to animal protection and for reasons of space, blind dogs or other animals with similar, corresponding functions cannot be taken into the auditorium. If informed in advance, BF will provide admission personnel for the purpose of guiding affected people and allocating them to their seats.
13.7. Smoking is forbidden in all publicly accessible rooms of Festspielhaus Bayreuth.
The creation of images or of sound recordings of any kind in the auditorium is prohibited, not least for reasons relating to copyright. Violations may lead to claims for damages or measures in accordance with paragraph 13.1.
15.1. In the case that a recording of a performance should occur, a visitor may appear within the picture as part of the audience. Also mirrored images, depending on scenes, are possible. The visitor agrees unconditionally to the utilisation of such recordings and their content to the fullest extent without temporal or spatial limits. Claims, including any relating to payment, on the part of the affected visitor are not justified by this.
15.2. By purchasing an entry ticket or visiting the performance, the visitor declares his/her agreement that BF, its delegates or any authorised third-party may make photographic images of the visitor which render him/her recognisable as a visitor of the performance; furthermore that copies of these images may be made and that they may be utilised with regard to their content to the fullest extent without temporal or spatial limits. Claims, including any relating to payment, on the part of the affected visitor are not justified by this.
For damage suffered by a visitor in the rooms or on the grounds of Festspielhaus Bayreuth, then BF, its lawful representatives and its agents will only be held liable in cases of wilful damage and gross negligence. This restriction of liability is not valid for claims arising from injury to life, actual bodily harm or harm to health.
17.1. Personal data related to orders will be taken, processed, saved and used to the extent necessary for the order, according to the stipulations of the data-protection laws, for the facilitation and execution of the contract and for the handling of the order.
17.2. The ticket buyer, in concluding a binding ticket-order, consents to the storage and use of his/her personal data, as stated in the foregoing regulation. A revocation of this consent can be expressed at any time to BF.
In the case that regulations within these general terms and conditions of use should be or become completely or partly inoperative or void, their remaining effectiveness will remain unaffected by this. A void clause or part clause is to be replaced by a regulation which comes, with regard to content, closest to the void regulation.
Version: 26 August 2014