of the “Unsere Oper e.V.” association
1.1 These General Terms and Conditions apply to all services provided by the association “Unsere Oper e.V.” in connection with the reservation, sale and delivery of tickets (hereinafter referred to as “tickets”) as well as vouchers for tickets via the website www.immling.de (hereinafter referred to as “Festival Website”) as well as by telephone order via the telephone service of “Unsere Oper e.V.”.
1.2 By reserving or purchasing tickets or vouchers via the festival website or the telephone service of “Unsere Oper e.V.”, the customer acknowledges the validity of these General Terms and Conditions.
Regulations for the use of the festival website and telephone service
2.1 The offer of the association “Unsere Oper e.V.” is directed exclusively to persons of full age and not restricted in their legal capacity.
2.2 The Customer warrants that all data provided by him are true and complete and that he is authorized to dispose of the bank account or credit card provided by him during the ordering process.
Restriction of private and prohibition of commercial resale
3.1 The commercial resale of tickets and vouchers for performances specifically named on the vouchers is prohibited.
3.2 Tickets may not be sold privately at a price higher than the printed ticket price plus proven fees charged when the tickets were purchased. Tickets and vouchers for performances specifically named on the vouchers may also not be sold privately via Internet auction houses or Internet ticket exchanges.
3.3 “Unsere Oper e.V.” reserves the right to block access to the use of the festival website or not to accept ticket requests if “Unsere Oper e.V.” has a reasonable suspicion that the provision mentioned in clause 3) is violated.
Conclusion of contract and payment
4.1 The ticket offer on the festival website is an invitation to the customer to make a purchase or reservation offer on his part. The customer makes an offer to conclude a contract for the purchase of tickets by clicking the button “order subject to payment” on the order form, which has been filled in completely and truthfully. The customer is bound to his offer for 4 working days after receipt by “Unsere Oper e.V.”. “Unsere Oper e.V.” will confirm receipt of the offer by e-mail. An effective contract has therefore not yet been concluded.
4.2 A contract is only concluded when “Unsere Oper e.V.” confirms the order to the customer electronically or in text form within 4 working days after receipt of the order by “Unsere Oper e.V.”.
4.3 a) Insofar as the customer merely reserves tickets (only possible within the framework of the telephone service), this is a non-binding reservation of the customer’s interest in purchasing tickets for the customer and “Unsere Oper e.V.”. “Unsere Oper e.V.” will not accept reservations from other customers for the reserved tickets during the reservation period and will not sell the reserved tickets to third parties.
- b) In the case of ticket reservations, a contract is only concluded upon the customer’s declaration in electronic form or in text form that he/she wishes to make a binding purchase of the reserved tickets during the reservation period and that this purchase offer has been accepted by “Unsere Oper e.V.” electronically or in text form. Unless otherwise expressly agreed, the reservation period ends 14 days before the performance date, without the need for a special declaration.
4.4. The purchase price for the tickets is due immediately upon conclusion of the contract. Unless expressly agreed otherwise, payment shall be made by direct debit within the framework of a SEPA mandate. Cash payment is also possible when picking up the tickets. Payment by credit card is possible when booking in our webshop.
Right of withdrawal and sample withdrawal form
A right of withdrawal for consumers does not exist for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision (Section 312g (2) sentence 1 no. 9 BGB). That is, as far as “Unsere Oper e.V.” offers services from the field of leisure activity, in particular tickets for events, there is no right of withdrawal. Each order for tickets is therefore binding immediately after confirmation by “Unsere Oper e.V.” and obligates the customer to accept and pay for the tickets ordered.
However, when purchasing vouchers and goods, you have a right of revocation and return in accordance with the statutory provisions if you are a consumer as our customer. We dutifully instruct you about this right of revocation for the purchase of vouchers and goods (collectively hereinafter referred to as “Goods”) as follows:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us, Unsere Oper e.V., Gut Immling 2, 83128 Halfing, Tel +49 8055 9034-0, Fax +49 8055 9034-28, Email: firstname.lastname@example.org,
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form below for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for testing the quality, characteristics and functionality of the goods.
End of the cancellation policy
In the event of revocation by the customer, the following shall apply:
“Unsere Oper e.V.” may refuse repayment until “Unsere Oper e.V.” has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier.
The customer shall return or hand over the goods to “Unsere Oper e.V.” without undue delay and in any case no later than within fourteen days from the day on which he notifies “Unsere Oper e.V.” of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. The customer bears the direct costs of returning the goods. The customer must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Duty of the customer to examine
Immediately after receipt of the purchase or reservation confirmation and after receipt of the tickets, the customer is obliged to check the confirmations and the delivered tickets for correctness (event, date/time of the event, venue and number of tickets).
In case of discrepancies or errors, the customer is obliged to inform “Unsere Oper e.V.” immediately in text form (by e-mail to the address email@example.com or by fax to +49 8055 90 34-28).
“Unsere Oper e.V.” will then endeavor to clarify the inaccuracies and provide the customer with access to the agreed event. If this is not possible (e.g. event is sold out in the meantime), the customer will be refunded the purchase price. Further claims of the customer are excluded.
Shipping of tickets, collection
7.1 The tickets will be sent to the address specified by the customer for this purpose when placing the order at the customer’s request.
7.2. The shipment is made by mail at the expense and risk of the customer. “Unsere Oper e.V.” reserves the right to select other shipping companies established on the market in addition to Deutsche Post AG at its own discretion.
7.3 “Unsere Oper e.V.” assumes no liability for the timely receipt of tickets.
7.4 “Unsere Oper e.V.” is not obliged to replace lost or destroyed tickets or to refund the purchase price to the customer.
7.5 Tickets can be collected from the Festival Office in Immling during the office hours announced in each case or from the box office before the event, at the latest from half an hour before the start of the event.
Start / Admission / Seating; Changes
8.1 As a rule, the Festival venues will open approximately 30 minutes before the start of the performance. Once the performance has begun, ticket holders may not be admitted to the auditorium until a suitable intermission, in consideration of the performing artists and other patrons. There is no entitlement to a break.
8.2 Limited seating is available for wheelchair users. They are only entitled to a handicapped accessible seat if they have indicated when purchasing the ticket that they are dependent on such a seat.
8.3 “Unsere Oper e.V.” reserves the right to assign the ticket holder a seat for the respective event other than the one assigned with the ticket if it is not possible for “Unsere Oper e.V.” to provide the seat indicated on the ticket for reasons beyond its control (e.g. construction work) and the alternatively assigned seat is comparable. Otherwise, the ticket holder is entitled to a refund of the difference from the price indicated on the ticket.
Sound, photo and film recordings
Sound, photo and film recordings are prohibited in the theater for copyright reasons. Recording devices and cameras of any kind may not be taken into the auditorium.
The liability of “Unsere Oper e.V.” is limited to cases of intentional or grossly negligent breach of duty and otherwise excluded. Statutory liability in the event of negligent injury to life, limb or health shall remain unaffected. “Unsere Oper e.V.”, its legal representatives and its vicarious agents shall only be liable in the event of intent or gross negligence. In the event of a breach of material contractual obligations, liability shall also exist in the event of simple negligence, but shall be limited to the foreseeable damage typical for the contract. Claims for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations.
In the event that the event does not take place, “Unsere Oper e.V.” will refund the ticket price paid by the customer. There are no further claims.
House rules, behavior in the theater
12.1 The rules of conduct contained in these GTC and the instructions of the security staff must be observed.
12.2 Smoking on the premises of the Theater is prohibited. Objects that are likely to disrupt the performance (e.g., cell phones, electronic watches) must be turned off before the performance begins.
Place of performance and applicable law, place of jurisdiction
13.1 The law of the Federal Republic of Germany shall apply exclusively. The sole place of performance for deliveries, services and payments shall be Gut Immling, provided that the customer is an entrepreneur within the meaning of § 14 BGB.
13.2 If the customer is a merchant, the place of jurisdiction for all disputes arising from the contractual relationship shall be Halfing; “Unsere Oper e.V.” reserves the right to invoke any other court having jurisdiction over civil proceedings.
Status: 1.1.2019 – Unsere Oper e.V., Immling Festival