TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS FOR TICKET HOLDER AND FESTIVAL ATTENDEES

These general terms and conditions (“VideoDays Festival T&Cs”) of we are era GmbH (“we”, “us”, “organizer”) apply to attendance at the VideoDays Festival (“Festival”) and apply in addition to the general terms and conditions of our official ticket partners when purchasing tickets to the festival.

By purchasing and holding a ticket to the festival, the person concerned accepts the applicability of the VideoDays Festival T&Cs.

We reserve the right to change, amend, replace, or otherwise modify the VideoDays Festival T&Cs at any time with immediate effect. We will give due consideration to the interests of users when making changes.

  1. General provisions
  2. Ticket purchase
    Tickets can only be purchased through our official ticket partner Codekarussell UG (www.rausgegangen.de). The General Terms and Conditions of Codekarussell UG (“Codekarussell T&C”) apply exclusively to the processing of the purchase of the tickets. These are available at www.rausgegangen.de/agb. The Codekarussell T&Cs are an integral part of the VideoDays Festival T&Cs. In the event of any conflict between the VideoDays Festival T&Cs and the Codekarussell T&Cs, the VideoDays Festival T&Cs shall prevail.
  3. Handling of tickets; prohibition of commercial resale, use
    Tickets must be kept carefully and are non-transferable once validated.

Unauthorized transfer: We sell visitor tickets exclusively for private, non-commercial use. Any commercial or trade resale of the tickets is prohibited.

Permissible passing on: A private passing on of a ticket for non-commercial reasons, in particular in individual cases in the event of illness or other prevention of the ticket holder, is permissible insofar as there is no case of impermissible passing on in the above sense. In this case, the Ticket Holder can only transfer the rights and obligations arising from the Visitor Contract to a third party by having the third party enter into the Visitor Contract in his place, assuming all rights and obligations. This entry is subject to our consent, which is hereby granted subject to the following conditions: (a) the disclosure is a case of permissible disclosure as described above, (b) Ticket Holder expressly informs New Ticket Holder of the validity and content of these T&C and New Ticket Holder agrees to the validity of these T&C between New Ticker Holder and the Organizer.

Unless expressly stated otherwise during the ordering process, tickets can only be cancelled in the event of cancellation or postponement of the festival. The foregoing paragraphs shall remain unaffected.

Tickets for this festival have a unique barcode that will be scanned upon entry. The tickets can be used only by the person for whom they were activated. Ticket activation requires personalization of the ticket and is therefore accepted only upon presentation of an appropriate ID for validation. For the organizer, compliance with the applicable data protection regulations within the scope of the personalization of the ticket is a matter of course. The organizer uses the data within the framework of the legal provisions for the implementation of the contract. Ticket Holder may at any time object to the use or transmission of their data for the purpose of market or opinion research. If the participant wishes to object to this use of their data altogether, a message must be sent to: info@weareera.com. Customers can be prosecuted if they intentionally duplicate and resell tickets for fraudulent purposes.

  1. Entering and leaving the festival area
    Tickets must be presented for validation upon first entry to the festival, i.e., before entering the festival grounds for the first time. Upon presentation of a valid ticket, the visitor will be issued a wristband. Once a ticket has been validated, it cannot be used again to obtain another wristband. Re-entry is only possible with an already issued, undamaged wristband. Wristbands are generally non-transferable and will become invalid if removed, tampered with, transferred or resold. Wristbands must be worn at all times during the festival and must be presented upon request and upon re-entry. If a visitor is not able to show a wristband, he/she may be denied re-entry to or stay on the festival grounds.

The validated wristband will be personalized at the first admission according to the activation data as provided at ticket purchase or on any sponsor guest lists.

  1. Access authorizations / protection of minors
    Children and adolescents up to 16 years of age may only attend the festival if accompanied by a person with parental authority in connection with a valid ticket in each case. Admission to the festival until midnight will be permitted for youth 16 years of age and older, unaccompanied by a parent or guardian.

For the protection of children, we are entitled to deny children admission to the festival if, in our judgment, protection is not adequately provided by the adult accompanying them.

  1. Security checks
    For reasons of security and order, there will be a security check upon entry to the festival grounds, if necessary. with body control (body check) by the security service. The organizer is entitled to refuse admission to the festival if visitors fall within the limits set out in Section. II.5. is carrying prohibited items listed or there is any other risk to the health and safety of the visitor or other visitors (e.g., aggressive behavior, lack of proof of admission authorization) or the ticket used for admission has been invalidated or the visitor violates these T&C in any other way.

We reserve the right to conduct random security checks also during the festival to ensure the safety of the festival.

If a visitor is at fault for refusing entry to or removal from the festival, there is no right to a refund of the ticket price.

We reserve the right to refuse entry if a visitor refuses to leave objects which, in our reasonable opinion, may pose a danger or disturbance to others within the festival or which may belong to the items listed in Section. II.5. listed, prohibited items to be left behind.

The organizer is not obligated to keep the items and assumes no liability for their loss.

  1. Image and sound recordings on the festival grounds
    All rights to sound and video recordings of the festival for the purpose of commercial exploitation are held exclusively by the organizer. No one may record, broadcast and/or make publicly available corresponding recordings for commercial purposes without the prior written consent of the organizer. This includes, in particular, the distribution of such recordings directly via the Internet.
  1. Use of sound and image recordings
    We film, live-stream and photograph the festival and make audio and audio-visual recordings of it. This may also include visitors. By entering the festival grounds, the visitor irrevocably consents to the free use of his/her image and voice for photographs, live broadcasts, broadcasts and/or recordings of images and/or sound recordings made by the organizer, its agents or other third parties in connection with the festival, as well as to their subsequent use in all current and future media (in particular in the form of sound and image carriers and digital distribution, e.g. via the Internet). This means in particular that Visitors grants the organizer and its third party contractors/licensees the right, unrestricted in time, place and content, to record images, voice, actions and/or statements of Visitors in any form and configuration without the separate consent of Visitors and to reproduce, broadcast, make publicly available and/or otherwise distribute them in media of its choice for any commercial and non-commercial purposes.

With regard to sound and image recordings of minors under the age of 16, the person with parental authority also expressly consents to the above-described production, use and subsequent exploitation of the recordings of the minor upon entering the festival grounds.

  1. Exclusion of visitors
    In case of an important reason, especially if a visitor commits a crime (e.g., bodily harm, theft, drug trafficking, etc.) on the festival grounds, burns fireworks or endangers employees of the organizer or other visitors in any other way, the organizer is entitled to exclude the visitor from the festival. If the organizer exercises his right of exclusion, the ticket loses its validity. A claim for re-admission or refund of the purchase price is excluded.
  1. Safety measures to protect the health of visitors in connection with Covid-19
    Covid-19, caused by the SARS-CoV-2 virus, is an infectious disease that can take a severe and potentially fatal course. There is a risk of transmission of Covid-19 in any environment where people congregate. This risk increases indoors and with increasing numbers of people. The World Health Organization (WHO) has indicated that older people and those with underlying medical conditions are more at risk. For more information, visit the WHO website (https://covid19.who.int/).

We will take appropriate health protection measures based on our individual hygiene concept. In addition, when conducting the festival, the applicable regulations and recommendations of the relevant authorities must be followed to prevent the transmission of SARS-CoV-2. All visitors are expected to adhere to the regulations and recommendations and – if applicable – to the Code of Conduct, which may be sent to ticket buyers and/or posted on site shortly before the festival. In case of non-compliance with the above measures, we are entitled to exclude the visitor in question from the festival.

However, despite the appropriate measures we have taken, the risk of transmission cannot be completely ruled out. If visitors participates in the festival, this bears the risk related to Covid-19 itself. In this respect, our liability for damages is excluded. Section I.3.1 remains unaffected.

  1. Cancellation / rescheduling / program changes
    The festival can be canceled by the organizer until the beginning of the festival without giving any reason. Therefore, please check our website (https://videodays-festival.com/en/) well in advance to see if the festival will take place as announced. Furthermore, program changes may occur at the festival. In case of cancellation of individual creators and/or artists, the organizer will make every effort to find an appropriate replacement. Claims of visitors due to the cancellation of individual creators and/or artists do not exist. Access to individual festival areas (e.g., stages) with a limited capacity will only be granted within the scope of officially approved spectator capacities. In case of exhaustion of the admission volume, the organizer is entitled to temporarily restrict the admission without this giving rise to a claim for partial refund of the ticket price.

Our liability in the event of cancellation before the start of the festival, postponement or other significant changes to the festival is limited to reimbursement of the face value of the ticket. Personal arrangements made by ticket holders, including for travel and accommodation in connection with the festival, are at their own expense and risk. In such cases, we shall not be liable beyond reimbursement of the face value of the ticket, in particular for expenses incurred in vain. This limitation of liability shall be subject to the limitations set forth in sec. 12 accordingly.

If the festival is postponed or a significant change occurs, a refund of the ticket price can only be made if the refund request (and return of the ticket, if applicable) is received by us or our ticket partners in a timely manner. Such refund requests must be received by us no later than 24 hours prior to the start of the alternate date for the Festival or the substantially changed Festival. A material change occurs when a change occurs that makes the event a substantially different event than a ticket purchaser could reasonably expect. A change of Creators and/or Artists in the Festival program does not constitute a substantial change in this sense.

If the festival is cancelled, interrupted or postponed due to a circumstance for which the organizer is not responsible (e.g., force majeure), the right of visitors to withdraw from the contract is excluded. In the event of cancellation or abandonment, the organizer will make up the festival as far and as soon as possible and reasonable. If the festival is postponed or – in case of cancellation or abandonment – made up, the tickets remain valid for the replacement date of the festival.

  1. Blocking / clearing of areas
    For safety reasons, the organizer may temporarily or completely clear and cordon off individual areas of the festival grounds without this giving rise to a claim for partial refund of the ticket price. The relevant instructions of the organizer or the instructions of the persons and companies commissioned by him are to be followed immediately, in particular also to avert danger to life or limb.
  1. Liability of the organizer
    The liability of the organizer for damages of any kind is excluded. This exclusion does not apply to damage caused by the organizer intentionally or through gross negligence, in cases of (simple) negligence on the part of the organizer in the case of damage based on injury to life, limb or health, or in the case of simple negligence on the part of the organizer in the breach of essential contractual obligations. Material contractual obligations are all obligations the fulfillment of which is necessary for the proper performance of the contract and on the observance of which the visitor regularly relies on and may rely.

In cases of simple negligent violation of essential contractual obligations, the liability of the organizer – with the exception of damage to life, body or health – is limited to the damage typical for the contract and foreseeable for the organizer at the time of conclusion of the contract or commission of the breach of duty. In this respect, the liability of the organizer is excluded for damages that are exclusively attributable to the risk area of visitors.

The above exclusions and limitations of liability shall also apply to the liability of the organizer for its organs, employees and vicarious agents as well as the personal liability of the organs, employees and vicarious agents of the organizer.

  1. Notices / Instructions
    In addition, the current notices and the instructions of the organizer and/or security personnel on site, as well as the current information on the official homepage of the organizer (https://videodays-festival.com/en/) apply.
  2. Severability clause
    Should any clause of these T&C be or become invalid, the remaining clauses of the terms and conditions shall remain expressly unaffected. If applicable, the invalid clause shall be replaced by a valid provision which the parties would have agreed in good faith if they had been aware of the invalidity of the relevant provision and which comes as close as possible to the original economic purpose of the invalid provision.
  3. House rules on the festival site
  4. Validity of the house rules
    With the purchase of a ticket and/or entering the festival grounds, visitors submit to these house rules according to section II. of these T&C.
  5. Orders of the security and law enforcement officers
    The instructions of official security forces and/or the security service appointed by the organizer must be followed without restriction at all times.
  6. Entering the festival area
    Entering the festival area is only allowed with an attached, undamaged festival wristband and associated ticket (see section I.3 + I.4).
  7. No entry for conspicuous visitors
    Visitors who are obviously drunk, under the influence of drugs or who are conspicuous in a similar way are not entitled to admission to the festival grounds.
  8. Security checks/ prohibited and permitted items
    Upon entering the festival grounds, all persons will be searched (body check) as well as the items they brought with them for prohibited items. Prohibited items include but are not limited to.

Prohibited items include, but are not limited to:

  • Bags and backpacks larger than A4 size
  • Firearms, cutting and stabbing weapons, pistols, ammunition belts and other weapons of all kinds
  • Fireworks, flares, sparklers and other pyrotechnic objects of all kinds
  • Go Pros and drones
  • Laser pointer
  • Animals
  • Bulky items of any kind, such as ladders, chairs, banners and selfie sticks.
  • Flammable liquids
  • Drugs and illegal substances of any kind
  • Glass bottles
  • Deodorant spray, hair spray, pepper spray, CS spray, sprays (incl. perfume)
  • Cans, disposable and returnable PET bottles
  • Loudspeakers in all sizes
  • Leaflets, stickers, brochures or the like
  • Sharpies, permanent markers and the like
  • Food
  • Megaphone
  • Props or costume pieces that glorify violence (e.g., firearms).
  • Radios and the like
  • Drums, airhorns, vuvuzelas and other mechanical or electronic devices for generating noise
  • Inline skates, roller skates, skateboards, scooters
  • Bicycles
  • Texts, images or other materials with discriminatory, contemptuous, obscene, pornographic and/or racist content or which indicate the violation of the personal rights of third parties.
    Carrying the aforementioned items may result in the rejection of Visitors and the exclusion of Visitors from the Festival.
  1. Escape and rescue routes, etc.
    Escape and rescue routes, supply routes and stairs must be kept clear at all times and must not be used for seating and must be traversed swiftly.
  2. Liability of the organizer
    The organizer is generally not liable for damages and losses incurred by visitors due to burglary, theft, fire, natural events or other incidents. These limitations of liability shall be subject to the restrictions set forth in sec. I.12. (The liability of the organizer) of these T&C.
  1. Waste handling
    During the festival, waste must be disposed of in the trash cans provided for this purpose.
  1. Protection of children and young people
    We observe the law for the protection of minors. For the protection of children and adolescents, the access authorization pursuant to sec. I.4. of these T&C.
  1. Vandalism
    Willful damage to any items or equipment is prohibited and will be prosecuted as vandalism.
  1. Prohibition of entering certain areas
    Entering backstage zones and climbing fences and other infrastructure facilities on the entire festival site is prohibited.
  1. Stay without authorization on the festival site
    Persons who are on the fenced festival area without authorization will be charged with misappropriation of services (§ 265a StGB) and trespassing (§ 123 StGB).
  1. Imperative of consideration
    It is necessary to be considerate of other visitors. The Code of Conduct (https://videodays-festival.com/en/code-of-conduct/) applicable to the festival is to be observed by all visitors.
  1. Exclusion from the festival
    Failure to comply with the house rules may result in complete exclusion from the festival. With an exclusion from the festival the ticket loses its validity. A claim for re-admission or refund of the purchase price is excluded.
  1. Prohibition of endangering other visitors
    Any endangerment of other visitors is strictly prohibited and will lead to exclusion from the festival.

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