General Terms and Conditions (GTC)
1. Scope
1.1. These General Terms and Conditions (GTCs) regulate the legal relationship in place between Bayreuther Festspiele GmbH (hereinafter referred to as BF) and the ticket purchaser (hereinafter also referred to as the Purchaser) and the visitors of the performances at the Richard Wagner Festival 2022, including concerts on 31 August and 1 September 2022.
1.2. By purchasing tickets for the Bayreuth Festival, the Purchaser acknowledges these Terms and Conditions of Business and Use for the 2022 Bayreuth Festival (Version “Online Instant Purchase”) as binding for both himself and all visitors to the performances who have received tickets from him for personal use as a result of his purchase. Once a contract to attend an event has been concluded and one or more admission tickets have been purchased, these conditions will be deemed as having been agreed to.
1.3. If the Purchaser acquires one or more tickets (also) for a third party (accompanying person), the Purchaser must expressly inform the accompanying person of the application and content of these Terms and Conditions as well as of the need to disclose information to BF in accordance with the provisions of these Terms and Conditions; by taking possession of and using the ticket, the accompanying person or visitor who receives tickets for personal use from the Purchaser as a result of the latter’s ticket order agrees to the Terms and Conditions applying between him or her and BF.
2. Ticket prices
2.1. The admission tickets for a Performance have been allocated to various price categories. Tickets for a Performance can only be ordered in one price category. Ticket prices can be viewed in the currently valid price list.
2.2. In addition to the ticket price, there is a fee of 6.00 euros per seat sold; in the case of an admission ticket “Der Ring des Nibelungen”, 4x 6.00 euros per seat.
2.3. No discounts apply.
2.4. Programme booklets and other services are not included in the ticket price.
2.5. Tickets for the performances of the Bayreuth Festival are exempt from VAT in accordance with Section 4 No. 20 a) Sentence 2 of the Sales Tax Act.
3. Transmission of invoices and terms of payment
3.1. In the online instant purchase procedure, invoices are exclusively provided electronically within the meaning of Section 14 Para. 1, Sentences 7 and 8 of the German Value Added Tax Act (Umsatzsteuergesetz). Invoices will not be submitted in paper form. After successfully completing the payment transaction (5.7, 5.8.), invoices are available for viewing, downloading and printing at www.bayreuther-festspiele.de in the Purchaser’s personal login area (“My Festival”). The Purchaser will be informed of the invoice availability via email.
3.2. Payments shall be made immediately upon request after completion of the order, and issued in EUR only.
3.3. The following methods are available to purchase admission tickets:
direct payment via credit card: VISA, MasterCard and American Express
direct payment via PayPal
Offsetting against credit from cancelled invoices for tickets for the 2020 festival season, if applicable with an additional payment
Klarna Sofort
4. General Conditions of Purchase
4.1. The Purchaser must be of full legal age and have unlimited legal capacity.
4.2. At Bayreuth Festival 2022, a portion of the admission tickets will be issued for orders taking into account the special criteria, in particular previous waiting times, with another portion being issued independently of the aforementioned criteria on a first-come-first-served basis, so-called online instant purchase tickets. The purchase of the latter occurs in accordance with the General Terms and Conditions for instant-purchase-tickets. Conversely, the purchase of tickets by means of online orders and written orders is governed by the “General Terms and Conditions for Online Orders and Written Orders.”
4.3. Online instant purchase tickets (4.2) may only be purchased via the Internet at www.bayreuther-festspiele.de in accordance with the provisions of these General Terms and Conditions.
4.4. To set up a customer account by means of registration and verification (5.3), which is a prerequisite for instant online purchases, it is compulsory to provide a valid postal address, a verified email address and telephone number. If a business email address is provided, Purchasers themselves shall ensure that private use of that email address is permitted for the purpose of further processing and handling of the purchase.
4.5. By way of immediate online purchase, Purchasers may acquire up to 12 tickets regardless of the number of online purchases made, albeit up to 4 tickets per work played, and up to 2 tickets in the gallery (G1 to G4).
4.6. Purchasers may not select specific seats for individual performances. Only seat categories may be selected. Following the selection of performance date and seat category made by BF, the shopping cart will offer specific seats to the Purchaser, who may individually accept or reject them (5.5).
4.7. The Performances of the Ring of Nibelung tetralogy, consisting of the individual works The Rhinegold, The Valkyrie, Siegfried and Twilight of the Gods, can only be ordered together for the entire cycle. Irrespective of sentence 1 above, BF reserves the right to sell the individual works in the tetralogy individually.
4.8. Online “orders” for online instant purchase tickets are processed exclusively on a first-come-first-served basis.
4.9. With the acceptance of the transmitted offer (5.7) and the resultant purchase of one or more admission tickets, a legally obliging contract comes into being between the Purchaser and BF relating to attendance at the event; under the terms of that contract, the transfer of admittance tickets does not underlie the principles of property laws but the principles of debt recovery law.
4.10. BF reserves the right to exclude such purchasers from the online immediate purchase who circumvent or attempt to circumvent the tax restrictions within the meaning of these General Terms and Conditions (4.5); in particular, by using changed address data (e.g., address of the first and second residence, upper and lower case, omission or insertion of free signs, use of abbreviations, writing out umlauts as “ae”, “oe” or “ue” etc.) and/or several different email addresses and/or customer numbers at BF. The exclusion includes any completed orders; in this case, BF reserves the right not to provide tickets in accordance with Section 6.3.
4.11. Wheelchair spaces and spaces for accompanying persons may not be purchased as part of online instant purchases. Wheelchair spaces and places for accompanying persons can be requested directly from the Bayreuth Festival ticket office.
5. Online purchase of so-called online instant purchase tickets
5.1. Online instant purchase tickets may only be purchased via the Internet at www.bayreuther-festspiele.de starting at 14:00 CEST (UTC+2) on 29/05/2022.
5.2. Persons who have already received from BF an offer of tickets for the Bayreuth Festival 2022 on the basis of an online order or written order (4.2), or who have already successfully purchased tickets for the Bayreuth Festival 2022 via online instant purchases shall be excluded from online instant purchases in the first 24 hours from the activation of the online instant purchase at 14:00 CEST (UTC+2) of 29/05/2022, regardless of whether the order or registration is made with the same or a different customer number.
5.3. Participation in the online instant purchase, i.e., login into the ticket shop at www.bayreuther-festspiele.de, requires registration and verification of the customer account, which can be carried out at www.bayreuther-festspiele.de.
5.4. Given the high demand for so-called online instant purchase tickets and numerous simultaneous order attempts, in particular on the day of activation (5.1), the login form of the ticket shop at www.bayreuther-festspiele.de shall be preceded by a queue to implement the so-called “first-come-first-served” principle (4.2), which the Purchaser initiates by accessing the website www.bayreuther-festspiele.de and can cancel at any time by closing the browser window. Purchasers closing their browser window will lose their position in the queue. While the Purchaser stays in the queue, his progress is visualised in percentage terms by means of a so-called progress bar, bearing in mind the current number of purchasers that accessed the website before him; the availability of individual works is indicated by means of a traffic light, irrespective of price categories and specific performance dates. Instructions displayed while staying in queue must be observed to retain the waiting position. Once the waiting period is over, the Purchaser is requested to enter the ticket shop by entering his verified access data (customer number or email address as well as password) (5.3). The Purchaser has 10 minutes (“time-out period”) to do so. The Purchaser, after being timed out, may only attempt to log in again after first waiting in the queue again.
5.5. Purchasers may only select tickets for individual performances available as online instant purchase tickets according to price categories within the limits of available capacity, bearing in mind the quantitative sales limit (4.5). The number of tickets and price category are selected via so-called drop-down windows. Purchasers, having confirmed the selection made by clicking on the “Add to shopping cart” button, will proceed to the shopping cart, where they will be offered specific seats depending on the selected number of tickets, seat categories and
availability. In the shopping cart, Purchasers may also review the respective individual ticket prices as well as the total price. The content of the online shopping cart is reserved for 30 minutes starting with the first shopping cart entry. If the transaction (including the payment process) is not successfully completed within this time period, the entire shopping cart content is deleted and the transaction cancelled. Purchasers may delete specific tickets from the shopping cart by clicking on the red “X” button. Tickets deleted from the shopping cart are immediately available for sale and can no longer be added to the shopping cart.
5.6. From the shopping cart (5.5), Purchasers can either select additional tickets and place these in their shopping cart – provided tickets are still available and the restriction on sales (4.5) is observed – or continue the order process for the tickets already in their shopping cart. Purchasers may continue the order process by clicking on the “Proceed to Checkout” button. The order confirmation summary shown at this point to Purchasers contains the following information: address stored, a list of all tickets in the shopping cart, applicable fees and the total order amount. Underneath, Purchasers must select their desired payment method to continue and complete the order process. The continuation of the order process (subject to the entry of details required by the respective payment provider for the method of payment selected 5.8) as the Purchaser clicks on the “Confirm Order” button completes the ordering process.
5.7. By clicking on the “Confirm Order” button, Purchasers submit a binding order under obligation of payment to Bayreuth Festspiele GmbH, as well as a binding offer to conclude an event attendance contract under the law of obligations. The contract comes into effect with BF’s confirmation of the ordered tickets, which is displayed to the Purchaser after the payment is settled (5.8). The confirmation of the successful purchase of the tickets will also be confirmed to the purchaser by email.
5.8. The payment of online instant purchase tickets acquired online may only be settled by credit card (VISA, MasterCard and American Express), PayPal, Klarna Sofort and settlement with existing credits immediately after the order. Purchasers shall follow the instructions of the selected payment provider. Purchasers receive the corresponding prompts after clicking the “Confirm Order” button, (5.6, 5.7).
5.9 Purchasers are responsible for the correctness of the information they provide during the ordering process. This applies equally to the order as such (selection of performance, number of tickets, etc.) and personal information (address, email address, etc.). Any errors shall be the responsibility of the Purchaser.
5.10. BF may interrupt or completely cancel at any time the online ordering process itself, as well as the specific ticket order process, 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. BF may also interrupt or cancel the specific ticket ordering process at any time in the cases provided under Section 4.10.
5.11. BF recommends the use of an up-to-date web browser to avoid technical problems.
6. Personalisation, activation, provision and delivery of online instant purchase tickets
6.1. Online instant purchase tickets are only provided digitally. Conventional tickets in paper form cannot be issued, even on request.
6.2. All ordered tickets are issued in the first and last name of the Purchaser before being made available and allow the latter – further to the specific user (6.4) – to be identified as such.
6.3. Purchasers may, after full payment, access their tickets in their personal login area (“My Festival” at www.bayreuther-festspiele.de and print them out after personalisation (6.4.). Tickets will be available for personalisation and download from 20 June 2022. Online instant purchase tickets are neither sent by post nor by email.
6.4. Purchasers may personalise the tickets in their personal login area (“My Festival”) at www.bayreuther-festspiele.de before printout – which is the Purchaser’s responsibility – by specifying the first and last name of the respective user. Purchasers shall provide the contact details of users whom they allow to use the tickets; they will only provide the contact details of third parties (accompanying person) if they have consented to these being disclosed. The first and last name of the user are specified on each admission ticket. Only tickets which have been personalised to the specific user and thus activated will be valid and printable. Purchasers must personalise and activate the tickets no later than two calendar days before the respective performance; once this period has elapsed, ticket personalisation and activation are no longer possible. No compensation will be issued for tickets that are not personalised on time (7.1). Pursuant to Section 7.2, only BF’s ticket office may amend or reassign personalised tickets.
6.5. Online instant purchase tickets must be presented in paper form at the entrance; online instant purchase tickets that are only available electronically (e.g., on a smart phone, etc.) shall not suffice and cannot be accepted for technical reasons.
6.6. The conformity of the personalisation (6.4) with the identity of the respective user/visitor must be proven upon request by producing a valid official photo ID. Further access requirements (11) remain unaffected.
6.7. All BF’s obligation concerning the online instant purchase are deemed to be fulfilled with the availability of the ticket under “My Festival.”
6.8. Purchasers are advised to check the date, time and presentation for conformity with the invoice upon receipt. Purchasers must immediately report any errors vis-a-vis the order to BF (ticket@bayreuther-festspiele.de; postal address: Bayreuther Festspiele GmbH, Kartenbüro, Festspielhügel 1-2, 95445 Bayreuth).
6.9. Purchasers of online instant purchase tickets undertake to ensure that only one printout or copy of any ticket always exists to prevent misuse. BF recommends that online immediate purchase tickets be kept as carefully as cash or securities to prevent the making of copies by unauthorised third parties and/or other misuse.
7. Returning and transferring tickets
7.1. As a rule, admission tickets already paid for can be neither returned nor exchanged. Any resale of tickets is subject to an assignment prohibition in certain cases (9.4). No replacement will be provided for expired tickets. This will also apply if tickets have not been personalised and activated in a timely manner. BF reserves the right, in justified and exceptional cases (e.g., deaths, etc.), to refrain from excluding compensation payments within the meaning of the preceding sentences 3 and 4.
7.2. BF’s ticket office is solely entitled, upon the Purchaser’s request, to transfer admission tickets personalised in accordance with Section 6.4 to another user. Handwritten changes to the user’s name by the Purchaser or other third parties or any associated deletions will render the ticket invalid. BF is entitled to charge a fee of EUR 5.00 for any transfer.
7.3. BF may prevent the access and attendance of holders of tickets that have not been personalised in accordance with Section 6.4 or that have not been amended in the correct manner in accordance with Section 7.2.
7.4. 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.
7.5. If a performance is cancelled, the admission fee will only be refunded if no more than one act or scene has taken place by such time. The right to a refund expires if the claim is not asserted to BF within two weeks after the performance in question.
7.6. In the case of cancellation of the performance before it has begun, admission tickets affected by the cancellation of the performance will be taken back and the admission fee returned, excluding however the EUR 6.00 fee per entry ticket (for “Der Ring des Nibelungen” 4 x 2.00 Euro per admission ticket).
. The right to refund expires if the claim is not asserted to BF within two weeks after the performance in question at least in writing.
Alternatively, a refund of the fee per seat sold within the meaning of paragraph 1 above will not be excluded if the Bayreuth Festival in general or specific contractual Performances are cancelled, suspended or interrupted for good cause, in particular due to force majeure (18) or a business decision taken by BF which has resulted from the effects of the ongoing Covid-19 pandemic. Good cause in this sense is, for example, quarantine over a part of the workforce or employees of BF, the legal or official limitation of the number of spectators to a disproportionate extent, or the prevention/containment of an acute infection event (“superspreader”) even without an official order.
7.7. In the case of Sections 7.5 and 7.6, neither Purchasers nor ticket holders may raise any further claims.
8. Loss of tickets
If the visitor lacks any or any legible printout of the online instant purchase ticket (e.g., forgotten, damaged, etc.), this can be obtained up to 30 minutes before the start of the related performance at the ticket counter set up by BF ( so-called clearing office). This can be done once and for a fee for the issue of a second print/replacement ticket, provided that said ticket has already been personalised and registered by the Purchaser for the visitor (6.4), and the latter can identify himself or herself accordingly. The charge for issuance of a replacement ticket is EUR 5.00. No second print/replacement tickets may be issued (7.1, sentence 3 and 4) if the original ticket has not been personalised and registered . Irrespective of this, Purchasers may login into their personal login area (“My Festival”) at a terminal in the ticket office and print out personalised tickets free of charge in accordance with Section 6.4.
9. Resale and transfer of admission tickets
9.1. BF is sponsored by the delegates of the German Federal Government for Culture and Media, the Free State of Bavaria, the City of Bayreuth, the Gesellschaft der Freunde von Bayreuth e.V. (Society of Friends of Bayreuth e.V.) and the District of Upper Franconia. They feel obliged to ensure a balanced and fair price policy and endeavour to maintain and implement a socially viable price structure as well as fair distribution. BF endeavours to honour such commitment by selling available tickets itself instead of doing so via commercial ticket dealers or so-called ticket offices/exchanges to the end user, and does not demand the maximum price that can be achieved on the market for these tickets due to the excess demand.
9.2. By accepting these conditions, the ticket Purchaser is declaring that the admission tickets are being acquired solely for private use.
9.3. Purchasers may only cede to a third-party 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 performance(s), under the condition that the third-party assumes all rights and obligations in place of the Purchaser as a contract party with BF, and under the condition that no ban on such a cession exists as according to the following regulations.
9.4. The resale of admission tickets is prohibited in the following specified cases (prohibition of assignment); consent will not be given in these cases:
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,
in the case of sale of admission tickets on non-authorised Internet platforms, for example, and in particular, eBay or non-authorised Online-Ticket-Markets (e.g., Viagogo), or within the framework of Internet auctions; an exception here is the sale within the scope of a so-called instant-sale or immediate-sale at a price not higher than the original price of the ticket, including the ticket charge and – if such costs were incurred – a proportion of the processing charge, in addition to costs which were or will be incurred to the seller during the procurement and/or during the resale of the ticket by the chosen method (e.g. postage and/or e.g. eBay charge or similar charges),
in the case of sale of tickets at a price which is higher than the original price of the tickets including the card charge and – if such costs were incurred – any costs which have been or will be incurred to the seller as a result of procurement or resale of the tickets;
in the case of sale of 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; in this respect, the aim of making a profit applies to the intention to sell the ticket at a price which exceeds the original price of the ticket, including the ticket charge and – if such costs were incurred – a proportion of the processing charge, in addition to costs which were or will be incurred to the seller during the procurement and/or during the resale of the ticket by the chosen method,
in the event that the tickets are transferred and/or sold for advertising or marketing purposes, as a bonus, giveaway or prize or as part of a hospitality or travel package not authorised by the event organiser, or
in the event that the admission tickets are sold without reference to these General Terms and Conditions.
9.5. The resale or forwarding of admission tickets whilst maintaining the conditions stated under Paragraph 9.4. b)-f) remains unaffected.
9.6. Tickets that are resold and forwarded after personalisation (6.3, 6.4) must be amended so that they are made out to the new user in accordance with Section 7.2, without prejudice to the above provisions in Sections 9.2 to 9.5.
9.7. BF may refuse to issue and send admission tickets to persons who violate the above provisions in Sections 9.2 and 9.4. or who attempt to resell them, with this constituting a violation against the above regulations in Sections 9.2 to 9.4. 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 will also be entitled to refuse any amendments to details on tickets in accordance with 9.6, 7.2.; this applies regardless of who is requesting the ticket be amended. Admission tickets which have already been allocated and/or sent to the Purchaser may be declared invalid (electronic locking of the barcode) or claimed back by BF in the case of violation of the foregoing stipulations at Paragraphs 9.2 to 9.4, and in the case of a right of refusal within the meaning of the preceding sentence 2. This also applies in the case of attempts to sell tickets in violation of the above regulations in Sections 9.2 to 9.4.
9.8 BF may prevent holders of blocked tickets from accessing and attending the Performance.
9.9. BF cannot be held liable for the validity of admission tickets from other ticket providers or for their services or prices.
10. Other legal information
10.1 BF draws attention to the link to the online platform of the EU Commission for the extrajudicial online settlement of disputes (“OS Platform”) http://ec.europa.eu/consumers/odr/, which is posted on BF’s homepage.
10.2. BF’s email address is: ticket@bayreuther-festspiele.de
10.3. Bayreuther Festspiele GmbH is not legally obliged to participate in dispute resolution proceedings before a consumer arbitration board. Nor is it prepared to do so.
10.4. Pursuant to section 312g Para. 2 sentence 1 no. 9 of the German Civil Code, Purchasers are not entitled to a right of withdrawal. They cannot revoke their declaration of intent.
11. Starting times, admission and admission check
11.1. Only publications officially issued by BF, the website operated by BF (www.bayreuther-festspiele.de) and the admission tickets themselves contain authoritative information (date and starting times) on the Performances. BF reserves the right to make short-term changes such as postponing the time at which the Performance starts on the same day. BF bears no responsibility for the information in other publications.
11.2. After the beginning of the performance, visitors can only be let into the auditorium during an official break, for reasons of safety and out of consideration towards the performing artists and the other visitors. There may be delays during checks for admission to the Festspielhaus as well as longer waiting times in the cloakroom and/or cloakroom depot in front of the Festspielhaus as a result of the applicable safety requirements. Visitors are themselves responsible for ensuring they arrive in advance with sufficient time. Delays caused as a result will not entitle visitors to enter the auditorium after the Performance has started.
11.3. The currently valid legal, regulatory and official access requirements apply for visitors to the Performances of BF. According to the current legal situation, there are no longer any special requirements for the cultural sector (cf. 16. BayIfSMV). Due to official requirements for the purpose of obtaining an operating licence, more stringent requirements may apply than required by the law or regulations (see also Section 4, para. 1 16 BayIfSMV). The official operating licence and any associated requirements are not yet available.
11.4. Regardless of the admission requirements in accordance with 11.3, visitors must show the following documents:
personalised admission ticket and
Identity card or passport with photo.
In general, admission to the event will be refused if the user specified on the admission ticket is not the same person as on the personal ID/passport
11.5. Should certain information be required for access to the performance or concert for good cause, e.g. due to officially prescribed protection and hygiene measures, the holder of the admission ticket is obliged to immediately communicate this information to BF upon request in accordance with the applicable data protection regulations. If the admission ticket’s user does not meet the corresponding requirements, BF can refuse admission to the event. In this case, the ticket holder and BF can withdraw from the contract for the ticket concerned for the event in question. In this case, the Purchaser will be refunded the price paid for the admission ticket.
11.6. BF is entitled to refuse admission to the event location or expel visitors from the event site for good cause, for example, in the event of clear symptoms of illness. This also applies if an admission ticket holder violates mandatory provisions of the protection and hygiene concept. There will be no refund of the purchase price in these cases.
11.7 .BF is entitled to introduce further admission checks by means of a so-called secure or control band on the visitor’s wrist, which is applied to the visitor during the first admission check.
12. Power to enforce house rules and restrictions on taking objects
12.1 BF exercises the power to enforce house rules in Festspielhaus Bayreuth. It is entitled to issue expulsions and bans from the site as well as other suitable measures as part of its power to enforce house rules. In particular, visitors can be expelled from performances if they cause disturbance, bother other guests or, in any other serious manner or repeatedly, break the house rules or any conditions of use related to the event. Admission may be refused if there is a reasonable suspicion that the visitor will disrupt the performance or bother other visitors. There will be no refund of the purchase price in these cases.
12.2. The visitor will only occupy the seat which is stated on their ticket or the seat which the admittance staff allocate to them. If he/she has taken up a seat for which he/she does not possess a valid ticket or to which he/she has not been allocated, then BF may instruct the visitor to leave that seat or even the whole performance.
12.3. Privately offering and reselling admission tickets in the facilities and on the premises of Festspielhaus Bayreuth is forbidden.
12.4. Mobile electronic devices, pagers and acoustic signalling devices of any kind can only be taken into the auditorium if they are turned off.
12.5. Taking food and drinks into the auditorium and consuming them there is not permitted.
12.6. 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 notified in advance, BF will have admission staff ready to guide affected persons and allocate seats.
12.7. For safety reasons, taking bulky and, regardless of size, dangerous objects as well as seat cushions into the Festspielhaus is forbidden. Handbags are allowed up to a maximum size of 18cm x 26cm x 6cm. In the event of deviating official safety requirements, these will take precedence.
12.8. Smoking is forbidden in all publicly accessible facilities of Festspielhaus Bayreuth.
12a. Pandemic-related special provisions
12a.1. BF intends to have the hall fully occupied. BF may withdraw from the event attendance contract (4.9.) concluded in accordance with these Terms and Conditions of Use if the hall occupancy of the Festspielhaus may not reach 100% due to legal, regulatory or statutory provisions. (Right of withdrawal in accordance with Section 346 para 1 of the German Civil Code (BGB)). BF can declare its withdrawal until 24/06/2022.In the event of withdrawal in accordance with sentence 2 above, claims for damages of the ticket Purchaser and persons who have received tickets for personal use from the ticket Purchaser based on the ticket order are excluded. This limitation of liability does not apply for claims based on injury to life, limb or health.
12a.2. The Bayreuth Festival will observe and implement all legal, regulatory and statutory requirements associated with the ongoing SARS-CoV-2 Pandemic (also referred to as the: Coronavirus pandemic) which are applicable at the time. The measures taken are binding for the ticket Purchaser and users of admission tickets specified by them and supplement the following provisions. These will take precedence over the following provisions insofar as these requirements go beyond the following provisions.
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 reasonable discretion and regardless of the applicable statutory, regulatory and official requirements, to impose hygiene standards with associated rules of conduct such as, in particular, the wearing of a nose and mouth covering, including the requirement to wear such a mask (e.g., FFP2) in the admission and exterior area of the event site as well as during the Performance or concert itself, compliance with distancing and walking routes (one-way regulations) or the use of disinfectants as well as the associated safety measures to allow visitors to remain in the Festspielhaus and its adjoining buildings, with the user of the admission ticket being obliged to comply with these.
12a.4. Special provisions apply to both the personalisation (6.) of the admission tickets and in connection with admission (11.)
12a.5. The ticket Purchaser acknowledges both on their own behalf and on behalf of persons to whom they give admission tickets for use that BF is entitled to allocate the admission ticket’s holder seats which differ from their own seats in either the same or a higher category for good cause, for example based on protection or hygiene measures in the context of combatting the Coronavirus pandemic and requirements for maintaining social distancing; in this case, there is no claim to compensation.
12a.6. To protect the health of BF employees as well as other participants and visitors to the Bayreuth Festival, the user is obliged to take a SARS-CoV-2 antigen test on the day of the event at the request of BF.
12a.7. The user of the respective admission ticket acknowledges that additional regulations, provisions and requirements may apply for important reasons, in particular based on official instructions and orders associated with accessing and remaining on the event premises. These will be communicated to them and must be observed as soon as they are announced. The user of an admission ticket is subject to the instructions of BF staff with regard to the protection and hygiene concept. Should a user of an admission ticket violate the aforementioned protection and hygiene concept, the user of the admission ticket will be obliged to leave the event immediately on the instruction of BF staff. In this case, the purchase price for the admission ticket will not be refunded.
12a.8. Neither the ticket Purchaser nor the user of the admission ticket in question will be entitled to implementation of the corresponding hygiene, testing and protection measures.
12a.9. The Coronavirus-related provisions in these General Terms and Conditions stipulated in other locations will remain unaffected.
12a.10. The hygiene and protection concept of Bayreuther Festspiele is intended to reduce the risk that visitors and third parties will be infected with the SARS-CoV-2 virus to a reasonable level. The risk of a SARS-CoV-2 infection associated with any visit to a Performance or concert can, however, not be entirely excluded. The ticket Purchaser or user of the admission ticket(s) are aware of this risk. BF’s liability for any injury to the life, limb and health of a concert visitor which occurs as a result of a SARS-CoV-2 infection associated with the event despite implementation of the hygiene concept is excluded, with this not applying in the event of damage caused by intentional or negligent behaviour or neglect.
13. Ban on taking visual and audio recordings
Creating visual and audio recordings in the auditorium of any kind is forbidden, not least for copyright reasons. Violations can result in claims for damages or measures in accordance with Section 12.1.
14. Audiovisual recordings and photographic recordings of BF or third parties
14.1. If an audiovisual recording of a Performance is created, spectators may appear in the image as part of the audience. Even reflections may occur as a result of the scene. Spectators unreservedly consent to the use of this recording in a manner which is unlimited in terms of content, time and space. This will not give rise to any claims of the affected spectator, including those relating to 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. This will not give rise to any claims of the affected spectator, including those relating to remuneration.
14.3. The Purchaser and the visitor of the Performance are aware that both in the festival house and on the festival grounds photographs and audio-visual recordings can be made by other visitors which could render the visitor recognisable
as a visitor of the performance. BF assumes no liability for recordings of this kind; this applies in particular in the event that recordings are made publicly accessible online (e.g., social media platforms such as Facebook and the like). The regulation in Section 13. as well as any rights of the affected visitor against the third party which created the recording and/or made it publicly accessible will remain unaffected.
15. Liability
For damage suffered by a visitor on the Festspielhaus Bayreuth premises, BF, its legal representatives and vicarious agents will only be liable in the case of intent or gross negligence. This limitation of liability does not apply for claims based on injury to life, limb or health.
16. Data protection provisions
16.1. Without prejudice to BF’s Privacy Policy (available at: https://bayreuther-festspiele.de/kontakt/datenschutzerklaerung/), personal order data will be collected, processed, stored and used in compliance with data protection law in the scope necessary to initiate and implement the contract and process the order.
16.2. In the event of a binding ticket order, the Purchaser’s personal data shall be stored on the legal basis of Article 6, Paragraph 1, lit b of the General Data Protection Regulation (GDPR), which relates to the conclusion of a contract, and used in accordance with the above provision. The data subject rights of the Purchaser as well as other information relating to data protection in accordance with Article 13 GDPR can be accessed at https://programmhefte.bayreuther-festspiele.de/datenschutzerklaerung/.
16.3. In connection with the execution and processing of the order or contract and, insofar as registration has been completed, the newsletter (Section 17.), BF will also make use of services from other companies and/or individual persons (e.g., sending of letters or emails, processing payment via credit cards or immediate transfer, etc.). These service providers shall have access to personal information and data of the Purchaser to the extent required for the fulfilment of the respective purpose, but they shall not use such information and data for any other purpose. These service providers are also obliged to comply with these data protection provisions and relevant data protection laws and, if they process personal data on behalf of third parties in accordance with instructions, they are also subject to corresponding order processing agreements pursuant to Article 28 GDPR. In addition, the personal data of the Purchaser, including personal data relating to orders, will be disclosed by BF if it is required to do so by law, or if disclosure is necessary to enforce BF’s General Terms and Conditions and Conditions of Use or other agreements between the Purchaser and BF, or to protect the rights of BF and/or the Purchaser. This includes an exchange of data with companies or persons with whom BF cooperates to prevent or punish data misuse, fraud, breaches of contract or other similar actions. Beyond this, data will not be shared with third parties for commercial use which runs contrary to this privacy policy and applicable the data protection laws.
17. Newsletter
By registering for the Bayreuth Festival Newsletter, the Purchaser is consenting to the personal data provided by the Purchaser, in particular the email address provided, and the personal order data may be used by BF to offer and present the Purchaser with both general and personalised advertisements and/or special offers and/or services, including offers and services of BF in cooperation with third parties (e.g. sponsors). Should the Purchaser not (or no longer) wish to receive these advertisements or presentations, they can revoke their consent at any time. A message in text form addressed to the contact details provided in the Newsletter (e.g., email, fax, letter) or unsubscribing will suffice to do this. .
You may also unsubscribe from the Newsletter by clicking on the link at the end of each email.
18. Force majeure
18.1 Should force majeure render holding the Bayreuth Festival in general and/or specifically the implementation of the contractual event or Performance(s) impossible, the obligations to which both parties are subject will lapse.
18.2. “Force majeure” means the occurrence of an event or circumstances which are beyond the reasonable control of the parties, was unforeseeable at the time the contract was concluded and whose effects could not reasonably have been avoided or overcome by the parties.
18.3. The following events are presumed to constitute force majeure: war (declared or undeclared), hostilities, attacks, acts of foreign enemies, large-scale military mobilisation; civil war, rioting, rebellion and revolution, military or any other seizure of power, insurrection, acts of terrorism, sabotage or piracy; currency and trade restrictions, embargos, 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 events; explosions, fires, destruction of equipment, prolonged failure of transportation, telecommunications, information systems, or power; general labour unrest such as boycott, strike and lockout, go-slow, 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
In the event that provisions of these General Terms and Conditions and Conditions of Use are or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. An ineffective clause or partial clause will be replaced by a provision which comes as close as possible to the content of the ineffective provision.
Status: 25/05/2022
Signed.
Prof. Katharina Wagner, Ulrich Jagels
Managing Directors of Bayreuther Festspiele GmbH
Terms and conditions of use of Bayreuther Festspiele GmbH for online orders and written orders as well as for the performances of the Richard Wagner Festival 2022 including the concerts on 31st of August and 1st of September 2022.
1. Scope
1.1. These General Terms and Conditions (GTCs) regulate the legal relationship in place between Bayreuther Festspiele GmbH (hereinafter referred to as BF) and the ticket purchaser (hereinafter also referred to as the Purchaser or Customer) and the visitors of the performances at the Richard Wagner Festival 2022, including concerts on 31 August and 1 September 2022; the term “Performance” used in these GTCs includes these concerts.
1.2. By ordering admission tickets for the Bayreuth Festival, the Customer is acknowledging these “General Terms and Conditions for Business and Use for the Bayreuth Festival 2022 (version for online and written orders)” as binding for both themselves and all
visitors to the Performances who received tickets from them for personal use based on their ticket order. Once a contract to attend an event has been concluded and one or more admission tickets have been purchased, these conditions will be deemed as having been agreed to. 1.3. If the Customer purchases one or more tickets (including) for a third party (accompanying person), the Customer must expressly inform the accompanying person of the application and content of these General Terms and Conditions as well as of the need to disclose information to BF in accordance with the provisions of these General Terms and Conditions, with the accompanying person or the visitor who receives tickets from the ticket Customer for personal use on the basis of their ticket order agreeing to the applicability of the General Terms and Conditions between them and BF by accepting and using the admission ticket.
2. Admission prices and fees
2.1. The admission tickets for a Performance have been allocated to various price categories. Tickets for a Performance can only be ordered in one price category. Ticket prices can be viewed in the currently valid price list.
2.2. In addition to the ticket price, the following fees apply for each successful purchase procedure or per invoice:
2.3. No discounts apply.
2.4. Programme booklets and other services are not included in the ticket price.
3. Transmission of invoices and terms of payment
3.1. In the standard procedure, invoices can only be viewed, downloaded and printed out at www.bayreuther-festspiele.de in the Customer’s personal login area (“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 that a corresponding invoice can be accessed under “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. Once BF has issued the invoice, payments must be made within the period specified therein (three weeks after the invoice date) and only in euros.
3.3. The following methods are available to purchase admission tickets:
Additionally for online orders (5.):
4. General terms of purchase
4.1. The Purchaser must be an adult and have unlimited legal capacity.
4.2. At Bayreuth Festival 2022, a portion of the admission tickets will be issued for orders taking into account the special criteria specified under 4.8., in particular previous waiting times, with another portion being issued independently of the aforementioned criteria on a first-come-first-served basis, so-called online immediate purchase tickets. The latter will be purchased in accordance with the General Terms and Conditions for immediate purchase tickets.
4.3. Orders for tickets are only accepted either online (5.) or in writing (6.).
4.4. To order tickets, Customers must provide a valid email address and postal address. If a professional email address is provided, the Customer will be solely responsible for ensuring that they are permitted to use their professional email address in order to further process and, if applicable, settle the order (e.g., transmission of the invoice). If the Customer does not have an email address or they do not wish to use their email address for the ordering process, tickets can only be ordered via post, which, if the order is successful, will incur a separate fee (2.2., 7.2.).
4.5. Orders for tickets for the Bayreuth Festival 2022 will start being processed from April 2022. Orders must be placed in such a way that they will be received by the BF server (5.) or have been received in writing (6.) no later than 15 April 2022.
4.6. For individual Performances, tickets can only be
purchased by seat category. Specific seats cannot be selected. Multiple admission tickets for the same Performance will – insofar as available and permitted in consideration of the A-H rules (German social distancing requirements) – be assigned one next to the other; the Purchaser of the tickets is not entitled to adjoining seats. Any express requests of the Customer to only purchase admission tickets for adjoining seats can constitute a further special criterion in accordance with Section 4.8. depending on excess demand.
4.7. The Performances of the Ring of Nibelung tetralogy, consisting of the individual works The Rhinegold, The Valkyrie, Siegfried and Twilight of the Gods, can only be ordered together for the entire cycle. Irrespective of sentence 1 above, BF reserves the right to sell the induvial works in the tetralogy individually.
4.8. Any orders received will be processed independently of the sequence in which they were received. Orders for tickets will be processed taking particular consideration of previous waiting times and the demand for the individual Performances (new production, day of the week, seat allocations [request for only adjoining seats] and price category). Orders for tickets from previous years which precede orders for tickets from 2022 and which were not taken into account due to excess demand will be counted as waiting time here.
4.9. [not applicable]
4.10. A maximum of 12 tickets can be ordered per Customer. Here, a maximum of 4 tickets, or a maximum of 2 tickets in the gallery, can be ordered for each work performed at Bayreuth Festival 2022.
Orders for multiple Performances of the same work will not be taken into account.
4.11. If, after taking into account the waiting times in accordance with Section 4.8., the number of tickets ordered cannot be covered within the available price categories, the issuance of tickets for the Performance in question can be limited per order beyond the limitation according to 4.10. If alternative seats in another category are available, BF reserves the right to offer these.
4.12. Each Performance has one wheelchair space (B3) and one space for the accompanying person (B3), which can only be issued together.
Furthermore, up to 20 perimeter seats (B2 and B3) are available for visitors with limited mobility or a similar condition at each Performance. Access to the ground floor is only guaranteed in price categories A1, B1, B2, B3. These seats are not offered as part of the online immediate purchase programme.
4.13. Acceptance of the transmitted offer via payment of the invoice, including payment by offsetting with a credit note (5.3. and 6.4.) and the associated purchase of one or more admission tickets will give rise to a binding event attendance contract between the Customer and BF, as a result of which the transfer of admission tickets is not based on principles of property law, but rather on the law of claims.
4.14. If the Customer cannot be allocated admission tickets, they will not receive any separate letter of cancellation.
5. Online orders (standard order)
5.1. Online orders are available under “My Festival” following registration and successful login to www.bayreuther-festspiele.de.
5.2. By confirming that the order process has been completed through clicking the “Order now” button, the Purchaser of the tickets is conveying their request to receive tickets for Bayreuth Festival 2022 to BF (request to receive an offer). If BF can fulfil the Customer’s requests, including the requested alternatives, either in whole or in part, the Customer will receive an invoice in accordance with Section 3.1.; i.e., it will be made available in their personal login area (“My Festival”).
5.3. The invoice from BF will also constitute an offer to conclude a binding event attendance contract. Payment of the invoice sum within a deadline of three weeks as of the invoice date, which is also the deadline to accept the offer, will be regarded as a binding acceptance of this offer. Payment of the invoice within the meaning of the above sentence 2 will be equivalent to the Customer declaring that the invoice amount should be offset against a credit balance arising from the 2020 festival season; the declaration can be submitted in the Customer’s personal login area (“My Festival”) following receipt of the invoice. BF must be able to access the credit for the invoice amount paid by means of the given payment methods by the payment deadline (value date). The same applies to receipt of the declaration to offset against existing credit. If the payment or declaration is not received in time, the admission tickets offered can be assigned to someone else. In this case, the Customer will not be entitled to receive the admission tickets which were previously offered and invoiced or be allocated other admission tickets. Any claims for damages of the Purchaser are excluded in any case.
5.4. In accordance with Section 3, admission tickets can be purchased via the online ordering process by bank transfer, credit card and, if present, by offsetting against existing credit. Any remaining credit from the previous year(s) will be refunded to the Customer via bank transfer.
5.5. Customers are solely responsible for ensuring the correctness of the data they provide as part of the order procedure. This applies equally to the order as such (selection of Performance, number of tickets, etc.) and personal information (address, email address, etc.). The Customer will bear the consequences of any mistakes.
5.6. The online ordering procedure as such as well as the specific ticket ordering procedure itself can be interrupted by BF at any time or cancelled entirely if it is no longer possible to carry out the ordering procedure in a proper or lawful manner. This will apply in particular in the event of technical difficulties (hardware and software errors, computer viruses, server issues, etc.), external interference or interference attempts and/or failure to fulfil the legal requirements.
5.7. BF makes reference to the link to the EU Commission’s online platform for out-of-court online dispute resolutions (so-called ODR platform) http://ec.europa.eu/consumers/odr/ which is present on the BF homepage.
5.8. The email address of BF is: ticket@bayreuther-festspiele.de
6. Written orders
6.1. Written orders should be sent via post to: Bayreuther Festspiele GmbH, ticket office, PO box 10 02 62, 95402 Bayreuth. Orders via fax or email will neither be acknowledged nor processed.
6.2. For written orders, the BF order form must be used, with this being sent by the BF ticket office to the Customer by post alongside the order documents in the case of previous written orders and a corresponding request. Orders written freely by hand can, in general, not be processed. In the case of orders created freely by hand, BF will not be obliged to clarify any queries.
6.3. With the receipt of their written order by the BF ticket office, the ticket Purchaser is sending their requests for tickets for Bayreuth Festival 2022 to BF (request to receive an offer). If BF can fulfil the Customer’s request either in whole or in part, including the requested alternatives, the Customer will receive an invoice in accordance with Section 3.1.
6.4. The regulations of sections 5.3. to 5.5. will apply accordingly. In deviation from 5.3. sentence 3, the declaration can also be submitted as a physical copy by post by means of a form sent alongside the invoice.
7. Personalisation and activation, provision and sending of admission tickets
7.1. All admission tickets belonging to an order procedure will be made out in the first and last name of the ticket Purchaser, which identify them as such. Before admission tickets are provided or sent, the Customer must also specify the specific user of the respective admission ticket in accordance with the following provisions, with the user also being shown on the respective admission ticket (so-called hard personalisation). In order to implement the safety and hygiene concept and for the purposes of tracing chains of infection as part of measures to combat the Coronavirus pandemic, the contact details of each user of an admission ticket will be recorded in the course of this personalisation. The Purchaser of the tickets will provide the contact details of users whom they allow to use the tickets; they will only provide the contact details of third parties (accompanying person) if the have consented to these being disclosed. The first and last name of the user are specified on each admission ticket.
7.2. In the standard procedure, following payment in full (value date), the tickets can be accessed in the Customer’s personal login area (” My Festival”) and printed out following personalisation (7.3.) at www.bayreuther-festspiele.de. The Customer will be informed of the value date. Should the Customer choose to send the tickets by post when ordering their tickets, the admission tickets will be sent as printed admission tickets via post at the Customer’s own risk to the specified shipping address following payment in full and once personalisation has been completed (7.4.). Additional fees per order (invoice) will be levied for shipping via post in accordance with Section 2.2. In general, shipping via post is only possible for orders within Germany and orders from other European countries.
7.3. The tickets provided at www.bayreuther-festspiele.de in the Customer’s personal login area must be personalised by the Customer by providing the respective user’s first and last name before they are printed out, with this being the Customer’s responsibility. Only tickets which have been personalised to the specific user and thus activated will be valid. The Customer can personalise and activate the tickets until no later than seven calendar days before the respective Performance; once this period has elapsed, the Customer will no longer be able to personalise and activate the tickets. Tickets which have not been personalised by the deadline will not be replaced (8.1.). Personalised tickets can only be amended and assigned to another user by the BF ticket office in accordance with Section 8.2.
7.4. If the ticket Purchaser has chosen to have the tickets sent by post when ordering them, the tickets can be personalised by specifying the respective user after full payment at www.bayreuther-festspiele.de in the Customer’s personal login area (“My Festival”). Only tickets personalised to the specific user will be valid and sent by post. If the Customer does not have a personal login area, they can also personalise tickets in the same manner using a corresponding form, which will be sent to the Customer with the invoice – insofar as they have chosen to have the tickets sent by post and an offer to purchase admission tickets can be submitted to them – and which they must return to the address specified in 6.1. In the case of online personalisation, any personalisation of tickets by the Customer must be carried out at the latest 7 calendar days before the Performance in accordance with the above sentence 1 and, in the case of personalisation via documents sent by post, at the latest by 30/06/2022 in accordance with the above sentence 2 (receipt of the form by BF); once this period has elapsed, the tickets can no longer be personalised or sent by post. The regulations under 7.3. sentences 4 and 5 apply accordingly.
7.5. The date, time and Performance on the invoice and the admission tickets allocated and sent must be checked upon receipt. BF is to be informed immediately of any mistakes found when comparing the tickets with the order or invoice.
8. Returning and transferring tickets
8.1. In general, admission tickets already paid for can be neither returned nor exchanged. Any resale of tickets by the Customer is subject to an assignment prohibition in certain cases (10.4.). For expired tickets no replacement will be provided. This will also apply if the tickets have not been personalised and activated in a timely manner (7.3. and 7.4.).
8.2. Admission tickets personalised in accordance with Section 7.3 or 7.4. can only be transferred to another user by the BF ticket office at the request of the Customer. Handwritten changes to the user’s name by the Customer or other third parties or any associated deletions will render the ticket invalid. BF is entitled to charge a fee of EUR 5.00 for any transfer. This will not apply if the Customer demonstrates objective reasons for why the transfer is necessary (e.g., medical certificate, death, etc.).
8.3. Holders of admission tickets which are part of the standard procedure that have not been personalised in accordance with Section 7.3. or 7.4. or that have not been amended in the correct manner in accordance with Section 8.2. can be prevented from accessing and attending the Performance by BF.
8.4. Changes to cast and crew, including the musical directors and the production teams, as well as other changes to the order of events of a Performance will not entitle the holder to return admission tickets.
8.5. If the Performance is cancelled, payment made for tickets will only be returned if no more than one act has been shown – this also applies in the case of The Flying Dutchman or The Rhinegold if no more than one scene has been shown. The right to a refund will expire if the claim is not asserted to BF within two weeks after the Performance in question in at least written form.
8.6. If a Performance is cancelled before it has started, the tickets affected by cancellation of the Performance will be returned against a refund of the ticket price, however without the fee of EUR 6.00 per seat sold (per admission ticket for The Ring of Nibelung 4 x EUR 6.00) and without any processing and/or post dispatch fee, if incurred. The right to a refund will expire if the claim is not asserted to BF within two weeks after the Performance in question in at least written form. Alternatively, a refund of the fee per seat sold within the meaning of paragraph 1 above will not be excluded if the Bayreuth Festival in general or specific contractual Performances are cancelled, suspended or interrupted for good cause based on a business decision taken by BF which has resulted from the effects of the ongoing Covid-19 pandemic. In this sense, for example, quarantine for part of BF’s workforce or employees, any statutory or official disproportionate limitation of the number of viewers or the prevention/containment of an acute occurrence of infection (“superspreader”) even without an official order will constitute good cause.
8.7. In the cases of Sections 8.5. and 8.6., any further claims or rights of the ticket holder or the ticket Purchaser are excluded.
9. Loss of tickets
9.1. If an admission ticket is lost, a one-time application for the issue of a replacement ticket, for which a charge will be levied, can be made up to 30 minutes before the beginning of the Performance at the ticket office of BF, provided the visitor can prove and/or plausibly state which ticket was acquired and lost by naming the exact seat. The issue of a replacement ticket (duplicate) can only be requested by the Customer to whom the ticket(s) was/were issued or by the personalised user upon presentation of a photo ID. In general, replacement tickets will only be issued to these persons. The fee to have a replacement ticket issued is EUR 5.00.
9.2. In the case of tickets ordered as part of the standard procedure, if two visitors present tickets for the same seat in a Performance, the person to whom the ticket has been personalised will always have priority over the holder of the other ticket. In the case of tickets sent by post, if both the original ticket and a replacement ticket for the same seat have been presented by different visitors, the holder of the original ticket will always take priority over the holder of the replacement ticket. In both cases, the other ticket will not entitle the holder to allocation of another seat or a refund of the purchase price. In exceptional cases, BF can declare or recognise a reverse order of priority. The affected ticket holder is neither entitled to recognition of an exceptional case nor do they have any claims against BF based on recognition of such an exceptional case in contrast to the usual case.
10. Resale and transfer of admission tickets
10.1. BF is sponsored by the delegates of the German Federal Government for Culture and Media, the Free State of Bavaria, the City of Bayreuth, the Gesellschaft der Freunde von Bayreuth e.V. (Society of Friends of Bayreuth e.V.) and the District of Upper Franconia. They feel obliged to ensure a balanced and fair price policy and endeavour to maintain and implement a socially viable price structure as well as fair distribution.
10.2. By accepting these conditions, the ticket Purchaser is declaring that the admission tickets are being acquired solely for private use.
10.3. The ticket Purchaser and Customer of the tickets can transfer their rights and obligations arising from the event attendance contract concluded with BF (4.13.), and thus also the right to request access to the Performance(s), by means of an assignment of claims
to a third party, with the third party entering into the contract with BF in place of the ticket Purchaser while assuming all rights and obligations and without the existence of an assignment prohibition within the meaning of the following provisions.
10.4. The resale of admission tickets is forbidden in the following cases (assignment prohibition); consent will not be given in the following cases:
a) in the event of the sale or transfer of admission tickets or the purchase of admission tickets for a third party if this takes place in the context of a professional and/or commercial activity, b) in the event that admission tickets are sold via unauthorised online platforms such as, for example, eBay or unauthorised ticket exchanges (e.g., viagogo) or in the context of online auctions not authorised by BF, with the exception of a sale conducted by way of the so-called immediate sale procedure or immediate purchase procedure for a price which does not exceed the original price of the admission ticket including the ticket fee, if incurred, and the proportional processing fee plus any costs incurred for the seller arising from the acquisition and/or the resale of the admission ticket over the course of the procedure (e.g., postage fees and/or fees from eBay and the like),
c) in the case of a sale of admission tickets for a price which exceeds the original price of the admission ticket including the ticket fee, if incurred, and the proportional processing fee plus any costs incurred by the seller arising from the acquisition or resale of the admission ticket, d) in the event that admission tickets are sold in order make a profit or any purchase of admission tickets on behalf of a third party in order to make profit through working as an intermediary, with intention to make a profit in this context meaning an intention to sell the tickets at a price which exceeds the original price of the admission ticket including the ticket fee and, if incurred, the proportional processing fee plus any costs incurred by the seller arising from the acquisition and/or resale of the admission ticket,
e) in the event that the tickets are transferred and/or sold for advertising or marketing purposes, as a bonus, giveaway or prize or as part of a hospitality or travel package not authorised by the event organiser, or
f) in the event that the admission tickets are sold without reference to these General Terms and Conditions.
10.5. Any resale or transfer of admission tickets carried out while observing the conditions set out in Section 10.4. b)-f) will remain unaffected.
10.6. Notwithstanding the above regulations in accordance with Sections 10.3. and 10.5., admission tickets which are resold and transferred following personalisation (7.3., 7.4.) must always be amended so that they are made out to the new user in accordance with Section 8.2.
10.7. BF can refuse to issue and send admission tickets to persons who violate the above provisions in Sections 10.2. and 10.4. or who attempt to resell them, with this constituting a violation against the above regulations in Sections 10.2 to 10.4. The same applies for persons dealing in tickets on a commercial basis 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 on reselling or transferring tickets, or for persons who make these tickets available to such persons. In these cases, BF will also be entitled to refuse any amendments to details on tickets in accordance with 10.6.; this applies regardless of who is requesting the ticket be amended. In the event of a violation against the regulations in Sections 10.2 to 10.4, admission tickets which have already been offered and/or provided to the Customer for printing or which have been sent over to the Customer can be reclaimed by BF and/or declared invalid (electronic blocking via the barcode). This also applies in the case of attempts to sell tickets in violation of the above regulations in Sections 10.2. to 10.4.
10.8. BF can prevent holders of blocked tickets from accessing and attending the Performance.
10.9. BF is not liable for the validity of admission tickets from other ticket providers or for their services or prices.
11. Starting times, admission and admission check
11.1. Only publications officially issued by BF, the website operated by BF (www.bayreuther- festspiele.de) and the admission tickets themselves contain authoritative information (date and starting times) on the Performances. BF reserves the right to make short-term changes such as postponing the time at which the Performance starts on the same day. BF takes no responsibility for the information in other publications. 11.2. Once the Performance has started, visitors can only be admitted to the auditorium during an official break for safety reasons and out of consideration for the participating artists as well as the other visitors. There may be delays during checks for admission to the Festspielhaus as well as longer waiting times in the cloakroom and/or cloakroom depot in front of the Festspielhaus as a result of the applicable safety requirements. Visitors are themselves responsible for ensuring they arrive in advance with sufficient time. Delays caused as a result will not entitle visitors to enter the auditorium after the Performance has started.
11.3. The currently valid legal, regulatory and official access requirements apply for visitors to the Performances of BF. Based on the current legal situation, the cultural sector, including theatres, operas, concert halls and stages, is subject to the 2G plus rule (vaccinated or recovered, plus current test) in accordance with Section 4 of the Fifteenth Bavarian Infection Protection Measures Ordinance (15. BayIfSMV). Visitors will only be admitted to the Performances if they can demonstrate that they have the required status via recognised means during the admission check. Due to official requirements for the purpose of obtaining an operating licence, more stringent requirements may apply than required by the law or regulations.
11. 4. Regardless of the admission requirements in accordance with 11.3., visitors must show the following documents:
In general, admission to the event will be refused if the user specified on the admission ticket is not the same person as on the personal ID/passport
and/or they do not present all required documents.
11.5. Should certain information, for example recent stay of the ticket holder in a risk area for the SARS-CoV-2 pandemic (in accordance with the binding specifications of the Robert Koch Institute (“RKI”)), be requested to enable admission to the Performance or concert for good cause, for example based on protection and hygiene measures issued by official bodies, the holder of the admission ticket is obliged to provide this information to BF immediately upon request in accordance with the applicable data protection provisions. If the admission ticket’s user does not meet the corresponding requirements, BF can refuse admission to the event. In this case, the ticket Purchaser and BF can withdraw from the contract
relating to the affected admission ticket for the event in question. In this case, the Purchaser will be refunded the price paid for the admission ticket.
11.6. BF is entitled to refuse admission to the event location or expel visitors from the event site for good cause, for example in the event of clear symptoms of illness. This also applies if an admission ticket holder violates mandatory provisions of the protection and hygiene concept. There will be no refund of the purchase price in these cases.
12. Power to enforce house rules and restrictions on taking objects
12.1 BF exercises the power to enforce house rules in Festspielhaus Bayreuth. It is entitled to issue expulsions and bans from the site as well as other suitable measures as part of its power to enforce house rules. In particular, visitors can be expelled from Performances if they cause disturbance, bother other guests or break the house rules or any conditions of use related to the event in any other serious manner or repeatedly. Admission can be refused if the there is a justifiable suspicion that the visitor will disturb the Performance or other visitors. There will be no refund of the purchase price in these cases.
12.2. The visitor will only occupy the seat which is stated on their ticket or the seat which the admittance staff allocate to them. If they have taken a seat for which they do not possess a ticket, in particular one which has been personalised to their name, or which has not been assigned to them, BF can remove the visitor from both the seat and the Performance.
12.3. Privately offering and reselling admission tickets in the facilities and on the premises of Festspielhaus Bayreuth is forbidden.
12.4. Mobile electronic devices, pagers and acoustic signalling devices of all kinds may only be taken into the auditorium as long as 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 lack of space, no guide dogs or other pets with a corresponding role may be taken into the auditorium. If notified in advance, BF will have admission staff ready to guide affected persons and allocate seats.
12.7. For safety reasons, taking bulky and, regardless of size, dangerous objects as well as seat cushions into the Festspielhaus is forbidden. Handbags are allowed up to a maximum size of 18cm x 26cm x 6cm. In the event of deviating official safety requirements, these will take precedence.
12.8. Smoking is forbidden in all publicly accessible facilities of Festspielhaus Bayreuth.
12a. Pandemic-related special provisions
12a.1. BF intends to have the hall fully occupied. In accordance with the present Terms and Conditions for Business and Use, BF can withdraw from the event attendance contract concluded (4.13.) if the Festspielhaus hall may not be occupied at 100% capacity based on statutory, regulatory or official provisions. (Right of withdrawal in accordance with Section 346 para 1 German Civil Code (BGB)). BF can declare its withdrawal until 24/06/2022. In the event of withdrawal in accordance with sentence 2 above, claims for damages of the ticket Purchaser and persons who have received tickets for personal use from the ticket Purchaser based on the ticket order are excluded. This limitation of liability does not apply for claims based on injury to life, limb or health.
12a.2. The Bayreuth Festival will observe and implement all legal, regulatory and official requirements associated with the ongoing SARS-CoV-2 Pandemic (also referred to as the: Coronavirus pandemic) which are applicable at the time. The measures taken are binding for the ticket Purchaser and users of admission tickets specified by them and supplement the following provisions. These will take precedence over the following provisions insofar as these requirements go beyond the following provisions.
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 reasonable discretion and regardless of the applicable statutory, regulatory and official requirements, to impose hygiene standards with associated rules of conduct such as, in particular, the wearing of a nose and mouth covering, including the requirement to wear such a mask (e.g., FFP2) in the admission and exterior area of the event site as well as during the Performance or concert itself, compliance with distancing and walking routes (one-way regulations) or the use of disinfectants as well as the associated safety measures to allow visitors to remain in the Festspielhaus and its adjoining buildings, with the user of the admission ticket being obliged to comply with these.
12a.4. Special provisions apply to both the personalisation (7.1.) of the admission tickets and in connection with admission (11.).
12a.5. The ticket Purchaser acknowledges both on their own behalf and on behalf of persons to whom they give admission tickets for use that BF is entitled to allocate the admission ticket’s holder seats which differ from their own seats in either the same or a higher category for good cause, for example based on protection or hygiene measures in the context of combatting the Coronavirus pandemic and requirements for maintaining social distancing; in this case, there is no claim to compensation.
12a.6. To protect the health of BF employees as well as other participants and visitors to the Bayreuth Festival, the user is obliged to take a SARS-CoV-2 antigen test on the day of the event at the request of BF.
12a.7. The user of the respective admission ticket acknowledges that additional regulations, provisions and requirements may apply for important reasons, in particular based on official instructions and orders associated with accessing and remaining on the event premises. These will be communicated to them and must be observed as soon as they are announced. The user of an admission ticket is subject to the instructions of BF staff with regard to the protection and hygiene concept. Should a user of an admission ticket violate the aforementioned protection and hygiene concept, the user of the admission ticket will be obliged to leave the event immediately on the instruction of BF staff. In this case, the purchase price for the admission ticket will not be refunded.
12a.8. Neither the ticket Purchaser nor the user of the admission ticket in question will be entitled to implementation of the corresponding hygiene, testing and protection measures.
12a.9. The Coronavirus-related provisions in these General Terms and Conditions stipulated in other locations will remain unaffected.
12a.10. The hygiene and protection concept of Bayreuther Festspiele is intended to reduce the risk that visitors and third parties will be infected with the SARS-CoV-2 virus to a reasonable level. The risk of a SARS-CoV-2 infection associated with any visit to a Performance or concert can, however, not be entirely excluded. The ticket Purchaser or user of the admission ticket(s) are aware of this risk. BF’s liability for any injury to the life, limb and health of a concert visitor which occurs as a result of a SARS-CoV-2 infection associated with the event despite implementation of the hygiene concept is excluded, with this not applying in the event of damage caused by intentional or negligent behaviour or neglect.
13. Ban on taking visual and audio recordings
Creating visual and audio recordings in the auditorium of any kind is forbidden, not least for copyright reasons. Violations can result in claims for damages or measures in accordance with Section 12.1.
14. Audiovisual recordings and photographic recordings of BF or third parties
14.1. If an audiovisual recording of a Performance is created, spectators may appear in the image as part of the audience. Even reflections may occur as a result of the scene. Spectators unreservedly consent to the use of this recording in a manner which is unlimited in terms of content, time and space. This will not give rise to any claims of the affected spectator, including those relating to remuneration.
14.2. With the acquisition of an admission ticket or through attendance of a Performance, the visitor is also declaring their consent to BF or any third parties commissioned or authorised by it to make audiovisual recordings and/or photographic recordings, wherein the visitor can be recognised as a visitor to the Performance, distributing these and using them in a manner which is unlimited in terms of content, time and space. This will not give rise to any claims of the affected spectator, including those relating to remuneration.
14.3. The ticket Purchaser and the visitor of a Performance are aware that other visitors may create photographic and audiovisual recordings both in the Festspielhaus and on the festival premises, wherein the visitor can be recognised as a visitor to the Performance. BF assumes no liability for recordings of this kind; this applies in particular in the event that recordings are made publicly accessible online (e.g., social media platforms such as Facebook and the like). The regulation in Section 13. as well as any rights of the affected visitor against the third party which created the recording and/or made it publicly accessible will remain unaffected.
15. Liability
For damage suffered by a visitor on the Festspielhaus Bayreuth premises, BF, its legal representatives and vicarious agents will only be liable in the case of intent or gross negligence. This limitation of liability does not apply for claims based on injury to life, limb or health.
16. Data protection provisions
16.1. Without prejudice to the privacy policy of BF (accessible at: https://ticketshop.bayreuther-festspiele.de/de/datenschutz), personal order data will be recorded, processed, stored and used to the necessary extent in order to initiate and execute the contract as well as to process the order in compliance with data protection law.
16.2. The ticket Purchaser will consent to the storage and, as outlined in the above regulation, the use of their personal data at the latest with payment of the invoice (acceptance of the offer in accordance with Sections 5.3. and 6.4.). This consent given to BF can be revoked at any time. The rights of the affected ticket Purchaser as well as more information on data protection in accordance with Article 13 GDPR can be accessed at https://ticketshop.bayreuther- festspiele.de/de/datenschutz.
16.3. In connection with the execution and processing of the order or contract and, insofar as registration has been completed, the newsletter (Section 17.), BF will also make use of services from other companies and/or individual persons (e.g., sending of letters or emails, processing payment via credit cards or immediate transfer, etc.). These service providers will be given access to personal information and data on the Purchaser insofar as this is required to fulfil the tasks in question; they may, however, not use this information and data for any other purposes. These service providers are also obliged to comply with the present data protection regulations as well as the relevant data protection laws. Furthermore, the personal data of the Customer, including the personal order data, will be disclosed by BF insofar as BF is legally obliged to do so or if such disclosure is necessary in order to comply with BF’s General Terms and Conditions for Business and Use or other agreements between the Customer and BF or to protect the rights of BF and the Customer. This includes any exchange of data with companies or persons with whom BF collaborates in order to prevent or punish data misuse, fraud, breaches of contract or other similar actions. Beyond this, data will not be shared with third parties for commercial use which runs contrary to this privacy policy and applicable the data protection laws.
17. Newsletter
By registering for the Bayreuth Festival Newsletter, the Customer is consenting to the personal data provided by the Customer, in particular the email address provided, and the personal order data may be used by BF to offer and present the Customer with both general and personalised advertisements and/or special offers and/or services, including offers and services of BF in cooperation with third parties (e.g. sponsors). Should the Customer not (or no longer) wish to receive these advertisements or presentations, they can revoke their consent at any time. A message in text form addressed to the contact details provided in the Newsletter (e.g., email, fax, letter) or unsubscribing will suffice to do this. Customers can unsubscribe from the Newsletter using the link at the end of each email.
18. Force majeure
18.1 Should force majeure render holding the Bayreuth Festival in general and/or specifically the implementation of the contractual event or Performance(s) impossible, the obligations to which both parties are subject will lapse.
18.2. “Force majeure” means the occurrence of an event or circumstances which are beyond the reasonable control of the parties, was unforeseeable at the time the contract was concluded and whose effects could not reasonably have been avoided or overcome by the parties.
18.3. The following events are presumed to constitute force majeure: war (declared or undeclared), hostilities, attacks, acts of foreign enemies, large-scale military mobilisation; civil war, rioting, rebellion and revolution, military or any other seizure of power, insurrection, acts of terrorism, sabotage or piracy; currency and trade restrictions, embargos, 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 events; explosions, fires, destruction of equipment, prolonged failure of transportation, telecommunications, information systems, or power; general labour unrest such as boycotts, strikes and lockouts, shutdown strikes, occupation of factories and buildings.
18.4. In the event that the implementation of the Bayreuth Festival in general and or specifically the implementation of the contractual event or Performance(s) is rendered impossible
due to events and circumstances which constitute an effect or effects of the ongoing Covid- 19 pandemic, the fact that the events or circumstances at the time at which the contract was concluded were foreseeable or could or should have been considered possible will not contradict the force majeure within the meaning of the above paragraphs. In this case, neither contractual 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 provisions within these General Terms and Conditions for Business and Use be or become completely or partly ineffective, the effectiveness of the General Terms and Conditions for Business and Use beyond this will remain unaffected. An ineffective clause or partial clause will be replaced by a provision which comes as close as possible to the content of the ineffective provision.
As of: 28/02/2022
signed
Prof. Katharina Wagner, Ulrich Jagels
Managing Directors of Bayreuther Festspiele GmbH