General Terms and Conditions (GTC) of Nachtiville GmbH for the Nachtiville Festival event in the Weissenhäuser Strand holiday park
1. Scope and contractual partners
The terms and conditions apply to the purchase of festival tickets including accommodation and stay at the Nachtiville Festival.
The festival tickets include a concert and an accommodation share.
The contract comes with Nachtiville GmbH, Friedensstr. 20, 04774 Dahlen. The purchaser makes a binding commitment to use the ticket(s) exclusively for private purposes.
Weissenhäuser Strand GmbH & Co. KG and possible other ticket providers only broker the tickets and take over the ticket handling and sell the tickets on behalf of Nachtiville GmbH.
When ordering by telephone, the customer has the opportunity to view the General Terms and Conditions in advance at the ticket office and at www.nachtiville.de. In addition, the General Terms and Conditions will be sent to him together with the ordered tickets immediately after the conclusion of the contract. In the case of a telephone order, the customer is informed before the ordering process that by continuing the order he accepts the inclusion of these General Terms and Conditions without the General Terms and Conditions being sent to him before the contract is concluded. In the case of a verbal order, he declares that he had the opportunity to take note of the above website.
2. Conclusion of contract
Reservation confirmation is sent by Nachtiville GmbH or Weissenhäuser Strand GmbH & Co. KG. Delivery is by e-mail or by post.
When ordering in the online booking system, the offer to conclude a contract is made by the customer as soon as he initiates a ticket order. If Nachtiville GmbH accepts the customer's offer, he will confirm this by sending an e-mail, which is also the confirmation of the reservation.
3. Passing on the ticket
The rights and obligations from the event contract documented by the admission ticket can only be transferred to a third party if the third party enters into the event contract and assumes all rights and obligations. This entry requires the consent of Nachtiville GmbH, which applies in particular to the sale of visiting rights or tickets in the context of auctions not authorized by Nachtiville GmbH, in particular on the Internet or via other Internet marketplaces or Internet ticket exchanges not authorized by Nachtiville GmbH is not granted.
Commercial resale of the tickets is not permitted. The tickets may not be sold at a price higher than the valid ticket prices per category plus proven fees that were calculated when the ticket was purchased. The purchaser of an admission ticket undertakes, in the event of sale (including the free transfer) of the right of visit or tickets without express reference to these GTC, in particular to point out the transfer restrictions of this section and the validity of these GTC and to agree these as part of the contract.
4. Number of Tickets / Penalty
Irrespective of the number of order processes, each customer may order a maximum of the number of tickets that Nachtiville GmbH has indicated as the maximum quantity for the respective event. Circumventing this prohibition by using different names is prohibited. In the event of a violation of the obligations from sentence 1, Nachtiville GmbH is entitled to withdraw from the event contracts concluded by the customer by blocking the tickets. Any visitor who offers or passes on admission tickets in violation of the consent requirements set out in Sections 3 and 4 shall pay the organizer an appropriate contractual penalty for each admission ticket or visitation right offered in violation of the contract, which will be determined at the reasonable discretion of the organizer. The visitor can have the appropriateness of the amount of the contractual penalty, which may not exceed EUR 2,500.00, reviewed by a court. In the event of a violation of the above prohibition, the organizer is entitled to revoke the right to visit or confiscate the admission ticket. This also applies if the admission ticket was purchased in good faith by a third party.
The contractual penalty may be offset against the customer's claim for reimbursement due to the withdrawal and the blocking of the tickets. Any other contractual penalties are to be taken into account when determining the contractual penalty.
5. Entry Eligibility
Once the total amount shown has been paid, the written confirmation of reservation represents the right to participate in the event and to stay overnight in the Weissenhäuser Strand amusement park. The keys to the accommodation will be handed over to the reception after the receipt has been filled in, as will the festival wristbands by Weissenhäuser Strand.
The admission ticket purchased will be replaced on site by a festival wristband (hereinafter referred to as “wristband”) to be attached to the wrist. The properly closed and undamaged wristband worn on the arm entitles entry to the festival area/the individual event rooms during the festival period. This may not be passed on to other people. Manipulation, disclosure or the pretense of false authorization (VIP wristband) leads to immediate exclusion from the event and has criminal and civil consequences. A refund of the ticket value when leaving the premises before or during the event is excluded.
The guidelines for the so-called "Drug Policy" are part of the access authorization. The organizer reserves the right to refuse a visitor entry to the festival site in the event of a violation and to expel visitors from the site.
The organizer reserves the right to refuse a visitor admission to the festival site for important reasons and to expel visitors from the site. Important reasons include, but are not limited to, the carrying of prohibited objects, an obviously heavily intoxicated state of the visitor, if the visitor is obviously under the influence of drugs or the visitor has an obviously homophobic, sexist, racist or inhuman attitude. Bringing banners for commercial use, dissemination of political messages and defamation of individuals or groups is prohibited. If there is an important reason for the refusal of admission, the admission ticket and wristband lose their validity and the admission price will not be refunded.
Access to the event/event rooms is only permitted to persons over the age of 18.
6. Terms of Payment
The festival can only be booked including an overnight stay of at least two nights. The prices of the respective accommodations are based on the selected category and number of beds. The prices currently shown on the website www.nachtiville.de apply. In addition, there is a booking fee per sleeping place booked as well as the currently valid tourist tax. The prices shown are gross (incl. VAT). Optionally, additional nights and options can be booked, the prices for which are also shown on the website.
The payment of the tickets, including all the above fees and any additional options selected, is made on account or another payment method available in the booking system. This is due within 14 days.
When paying on account, there is the option of making a down payment. A first installment of 30% of the invoice amount is due within 14 days. The balance of 70% of the invoice amount is to be paid within 60 days of booking, but no later than 60 days before the event.
7. Withdrawal / Cancellation
Withdrawing from a concluded contract is only possible with the consent of Nachtiville GmbH.
If the contract is transferred to a new contract holder, a processing fee of 20 euros will be charged. Points 3 and 4 of the General Terms and Conditions must be observed here.
In the event of no-show or early departure, the tenant has no claim for compensation for the unused rental days.
The tenant is expressly free to prove that the landlord has not suffered any damage as a result of non-arrival or cancellation or that this damage is less than the cancellation fee to be paid or the rent retained.
8. Rental period of accommodation
The festival ticket includes accommodation for two nights during the festival (Friday to Sunday). The overnight stay depends on the selected category (apartment, bungalow or hotel room).
On the day of arrival, the respective accommodation can be occupied from 3 p.m.
On the day of departure, the accommodation must be vacated by 12 p.m. An extension until 2 p.m. must be arranged individually at the reception of the Weissenhäuser Strand.
Additional nights can be booked according to the offer on the website www.nachtiville.de.
9. Rental Conditions / House Rules
Pets are not allowed.
The tenant is obliged to comply with the regulations applicable in the landlord's respective facilities (house rules, parking regulations, swimming pool regulations, etc.). By using them, the tenant accepts the rules posted for the facility as binding. In the event of use of the rented property contrary to the contract, such as subletting, overcrowding, disturbance of the peace in the house, etc., as well as non-payment of rent, the contract can be terminated without notice and any additional compensation can be demanded.
The rental property is rented with a complete inventory according to the inventory list and one-time laundry equipment. The inventory is to be treated with care. Damage caused to the property during the rental period must be replaced by the tenant at cost price without proof of fault. The renter is equally liable for damage caused by persons traveling with you.
Orders for rental items are accepted without obligation. The prices for rental items are based on the currently valid price lists. There is no entitlement to this.
The lessor is not liable for loss or damage to the items brought in by the lessee, including the car.
The guest bears the sole risk of liability for money and valuables that he leaves behind in the accommodation and waives all liability claims towards the landlord for loss, destruction or damage to valuables in the accommodation.
During the festival, all accommodation, hotel rooms and public paths throughout the holiday park are quiet from 01:00 a.m. to 08:00 a.m. Excluded from this are the event areas within the framework of the (official) festival program. Any disturbances to the night's sleep (e.g. caused by other festival guests) do not entitle you to a reduction in the invoice amount.
Disturbances of the peace caused by the neighboring Putlos military training area are possible and do not justify any entitlement to a rent reduction.
The holiday and leisure park as well as the beach hotel are non-smoking facilities. Smoking is permitted in the designated smoking areas.
10. Event cancellation / cancellation / non-feasibility
The Nachtiville Festival may be subject to program changes. In the event of the cancellation of individual artists (groups), the organizer will endeavor to find an appropriate replacement; claims by the guest due to the cancellation of individual artists (groups) do not exist.
From the beginning of the festival and after moving into the accommodation, the overnight stay part of the ticket price is excluded from reimbursement.
No replacement if the card is lost. In the case of discounted tickets, the corresponding authorization must be shown. Returns or exchanges are excluded.
If the event cannot be held for reasons for which Nachtiville GmbH is not responsible, the ticket price will be refunded to the buyer upon presentation of the purchased ticket. If an event is canceled due to force majeure, the customer is not entitled to a refund. If the organizer is responsible for the impossibility of holding the event, the visitor reserves the right to claim further damages.
11. Capacity limits of the individual event areas
The capacity of the individual event areas is limited and is monitored by the organizer using security personnel deployed. If the individual event location cannot be entered due to capacity being reached, this does not entitle the holder to a refund or reduction of the admission price.
12. Dangerous Items/Drinks/Food
Dangerous objects such as glass bottles of all kinds, animals, weapons of all kinds (also in the technical sense), so-called selfie sticks, torches, pyrotechnic objects, sparklers, sky lanterns, vuvuzelas, megaphones, drones, shirts from bands with an anti-constitutional and prohibited background and dangerous objects of all kinds may not be brought to Nachtiville.
Before entering the individual event rooms and the gallery, bulky objects of all kinds, all kinds of backpacks and carrying frames as well as bags larger than DIN A4 (approx. 20x30 cm) must be handed in. It is also forbidden to take food or drinks of any kind into these areas. However, if beverages in particular are taken into this area, Nachtiville GmbH is entitled to confiscate them and charge a fine of 50 EUR to be charged. In case of doubt, we ask you to follow the decision of the supervisory staff. Locked-off areas and platforms may not be entered.
13. Photo and video equipment and recordings by the organizer
Taking along photo/video cameras and other image and sound recording devices for commercial purposes is strictly prohibited. Nachtiville GmbH can refuse entry to visitors with illegally carried devices or confiscate such devices until the end of the event. Sound, photo or video recordings, except for purely private use, are strictly prohibited. Misuse will be prosecuted under civil and criminal law.
We expressly point out to festival visitors that film and photo recordings are made at Nachtiville, which can also reflect the visitor in a recognizable way. With the purchase of the admission ticket and the entry, the user agrees to the recording of pictures of himself as well as to their evaluation and use without restrictions in terms of content, time and space, in particular through film, television and video.
The requirements of the Federal Data Protection Act and the GDPR are observed. All rights may also be transferred to third parties for the above purposes.
14. Security service
The security service may examine people - also through the use of technical aids - to determine whether they pose a safety risk due to alcohol or drug consumption or because they are carrying weapons or dangerous pyrotechnic objects. In such cases, Nachtiville GmbH is entitled to refuse entry to the event. The instructions of the security service must be followed. In the event of violations, the card can be confiscated and a ban on seating can be issued.
In particular, access to the swimming pool/fun pool is subject to special controls with regard to alcohol consumption and other sensory influences. Visitors may have to undergo an alcohol test using a breathalyzer. Visitors are liable for any damage caused by their behavior. The instructions of the supervisory staff must be followed without restriction.
15. Disqualification from the Event
If there is an important reason, in particular if a visitor commits criminal offenses (e.g. bodily harm, theft, drug dealing) on the site, Nachtiville GmbH is entitled to exclude the visitor from the event (including accommodation). If Nachtiville GmbH makes use of its right of exclusion, the admission entitlement loses its validity. A claim for reimbursement of the ticket value is excluded. Visitors who repeatedly fail to comply with the visitor regulations and the instructions of the supervisory staff may be banned from attending future events.
16. Organizer Liability
With regard to the contract for attending the event, Nachtiville GmbH has unlimited liability for culpably caused damage to life, limb and health. The following applies to damage to other goods in the above-mentioned field of activity of Nachtiville GmbH: Nachtiville GmbH is liable without limitation in the event of intent or gross negligence if essential contractual obligations are breached. In the event of negligence, liability is limited to the direct average damage that is typical for the contract if only insignificant contractual obligations have been breached. Liability is limited to the same extent in the event of a slightly negligent breach of essential contractual obligations. Nachtiville GmbH is not liable for slightly negligent breaches of insignificant contractual obligations. Insofar as the liability of Nachtiville GmbH is excluded or limited, this also applies to the liability of the employed vicarious agents. Nachtiville GmbH is not liable for disruptions caused by circumstances beyond its control. This applies in particular to impairments that are due to the failure or disruption of the telephone communication network and the power supply.
17. Final Provisions
No liability is assumed for possible incorrect information on the website.
Subsequent changes are reserved.
At the latest when a new price list is published, the previous one loses its validity.
Should one or more provisions of these General Terms and Conditions be or become invalid, this does not affect the validity of the rest of the General Terms and Conditions. The contracting parties shall replace the ineffective provision with an effective provision that corresponds to the economic sense and purpose of the contract. Verbal ancillary agreements are deemed not to have been made. Amendments and supplements to the contract must be in writing.
This agreement and the entire legal relationship between the contracting parties are subject to the law of the Federal Republic of Germany.
The exclusive place of jurisdiction for all disputes that are directly or indirectly related to this contract is - as far as permissible - the district court of Leipzig or the district court of Leipzig, regardless of which of the two contracting parties files a suit.
See you soon, your NACHTIVILLE crew
