General terms and conditions

Superbloom Festival München

I General provisions
II House rules for the festival grounds
III Alternative dispute resolution for consumers

These general terms and conditions ("Superbloom T&Cs") of Superbloom Festival GmbH & Co. KG ("we", "us", "organiser") shall apply to your visit to the Superbloom Festival Munich ("Event") and in addition, the general terms and conditions of our official ticket partners when purchasing a ticket to the event shall apply. With the purchase and possession of a ticket to the event, the person concerned accepts the applicability of the Superbloom T&Cs.

I. GENERAL PROVISIONS

1. Purchase of tickets

Tickets may only be purchased from our partners Tix for Gigs and Ticketmaster. In terms of the processing of ticket purchases, the terms and conditions of the ticketing partner shall apply exclusively, depending on the provider from which the tickets were purchased. These can be found here for Ticketmaster and here for Tix for Gigs (individually as "Ticketing Partner T&Cs"). The Ticketing Partner T&Cs form an integral part of these General Terms and Conditions. In the event of any conflict between the Superbloom T&Cs and the Ticketing Partner T&Cs, the Superbloom T&Cs shall prevail.

Each customer may purchase a maximum of six (6) tickets. Should the number of tickets ordered by a customer exceed six (6), we reserve the right to have any orders exceeding this limitation cancelled by the ticket provider.

2. Access permissions

The rights of the protection of young people in public apply on the festival site.

Children and others aged up to 15 years are only allowed to attend the Event when accompanied by a legal guardian or person responsible for their upbringing. Must be at least 16 years of age until midnight without the supervision of a legal guardian or guardian.

Persons responsible for upbringing of children have to carry a written proof of their assignment and show a copy of the identity card of the person entitled to custody upon request.

 “A person responsible for their upbringing" can only be a person who meets the following requirements:

3. Liability of the organiser

Liability for damages of any kind on the part of the organiser is excluded. This exclusion shall not apply to damages caused by organiser intentionally or by means of gross negligence, in cases of (simple) negligence on the part of the organiser for damages which are based on injury to life, body or health, as well as for the simple negligent violation of essential contractual obligations by the organiser. Essential obligations are those whose fulfilment allows the proper provision of services in the first place and upon the observance of which the visitors rely upon, and should be able to rely upon, on a regular basis.

In the cases of simple negligent violation of essential contractual obligations, the liability of the organiser –  with the exception of injury to life, body or health – shall be limited to such contractually typical damages foreseeable for the organiser at the time of conclusion of the contract or upon the obligation being violated. In this respect, the liability of the organiser for damages that are exclusively attributable to the visitor's area of risk shall be excluded.

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

4. Entering and leaving the Festival site

Prior to first entering the site of the event, visitors’ tickets will be completely validated; a wristband will then be created and/or handed out to the visitor. This shall replace the outlet ticket and at all times during the event. When re-entering the site of the event, the undamaged wristband must be presented in order to prevent re-entry being refused. "Festival site" in this sense shall mean the site in its entirety, including the designated paths.

5. Security checks

For reasons of safety, a security check with a bodycheck by the security staff shall take place at the entrance to the festival area. The organiser shall be entitled to refuse entry to the event if a visitors is carrying non-permitted items or substances (see the house rules for the festival grounds), or if any other risk to the health and safety of the visitor or other visitors exists (e.g. in the case of aggressive behaviour, in the absence of proof of entitlement to admission) or if the ticket used for admission has been invalidated or if the visitor violates the Superbloom T&Cs in any other way.

We reserve the right to carry out random security checks, even during the event, in order to ensure the safe execution of the event.

To the extent that the visitor is at fault for the refusal of admission to the event or the removal from the event, no right to a refund of the ticket price shall exist.

We reserve the right to refuse admission if a visitor refuses to leave behind any items which, in our reasonable opinion, may cause danger or disturbances to other persons during the event or which are among the prohibited items listed in No. II 5 for the festival grounds.

The organiser shall not be obliged to take care of the items and shall accept no liability for their loss.

6. Image and audio recordings on the site of the event

Only pocket cameras and mobile phones with a camera function are permitted on the festival grounds, under the condition that they are only used for personal and non-commercial purposes. The bringing of single-lens reflex cameras, cameras with zoom lenses or with a video function of any kind is therefore especially prohibited. Video cameras and audio recording devices of any kind such as tape recorders, MP3 recorders and dictation machines are also prohibited. The organiser may refuse a visitor admission to the site of the event, unless the visitor is prepared to enter the site of the event without the non-approved devices. Point 5.4 shall apply accordingly.

All rights to audio and video recordings of the festival shall be the exclusive property of the organiser for the purpose of commercial exploitation. Nobody shall be allowed to record, broadcast and/or make publicly available corresponding recordings for commercial purposes without the prior written consent of the organiser. This shall include in particular the dissemination of such recordings directly via the Internet.

7. Exploitation of audio recordings and photography

We will film, live-stream and photograph the event and will prepare audio and audio-visual recordings from these. These may include the audience. Upon entering the festival grounds, festival visitors irrevocably consent to the free use of their images and voices for photographs, live transmissions, broadcasts and/or recordings of image and/or sound recordings created by the organiser, its agents or other third parties in connection with the event, as well as their subsequent exploitation in all present and future media, such as, in particular, in the form of audio and image recording carriers, as well as digital distribution, e.g. via the Internet. This means in particular that visitors shall furnish the organiser and its contractual partners or licensees with the right, unlimited in terms of time, location or content, to record images, voices, actions and/or statements of the visitors in any form and configuration without the separate consent of the visitor and to reproduce, broadcast, make publicly accessible and/or distribute such in any other form in media of its choice for any commercial and non-commercial purposes.

Both on and around the festival grounds, police or security recordings may be made for the safety of the visitors or for crime prevention. Upon entering the festival grounds, festival visitors automatically consent to such.

8. Cashless-Payment

The organiser reserves the right to introduce a cashless payment system for contactless electronic payment in whole or in part on the festival site. The type and scope are determined solely by the organizer. The visitor is not entitled to a specific payment method at the festival.

9. Exclusion of visitors 

Where an important reason exists, especially if a visitor commits a criminal offence on the site of the event (e.g. bodily injury, theft, drug dealing, sexual assault), sets off fireworks or in any other way endangers the organiser’s employees or other visitors (e.g. through crowd surfing), the organiser shall be entitled to exclude said visitor from the event. Should the organiser exercise its right of exclusion, the ticket shall cease to be valid. A claim for re-admission or to claim a refund of the purchase price shall be excluded.

10. Damage to hearing and health

The festival visitor is aware that music festivals are an environment with high sound levels, and s/he consents to such. Please also note that pyrotechnics, lasers, smoke machines, strobe lighting or other special effects may be deployed during some performances. The organiser shall only be liable for damage to hearing and other health damages caused to visitor to the extent that it and its vicarious agents acted with intent or negligence, or if the organiser culpably fails to fulfil an obligation to safeguard the public to which it is subject. Visitors should avoid the immediate vicinity of the loudspeakers and the corresponding barriers must be observed. The organiser strongly recommends the use of hearing protection, particularly in the vicinity of the stages.

The event will take place in the open air. It is strongly recommended that you bring suitable clothing and shoes to protect against possible weather conditions.

11. Handling your ticket

The ticket must be kept safe and is no longer transferable once it has been validated. The commercial resale of tickets is not permitted. Furthermore, the tickets may not be sold privately at a price higher than the printed ticket price plus proven fees charged at the time of purchase of the ticket. If a ticket is resold or transferred to a third party, the buyer or recipient is to be made aware of the Superbloom T&Cs. Finally, the use of the purchased tickets for any commercial purposes – in particular for the purposes of raffles, conducting raffles or competitions or for other commercial purposes is expressly prohibited. Any violation of these terms and conditions will result in the loss of entitlement to access the event without any compensation being offered, i.e. in this event, the ticket shall lose its validity and the organiser shall be entitled to confiscate the ticket and the armband without any compensation being offered. We do not offer reprints (e.g. in the event of the loss of tickets). Should the ticket should be changed and destroyed, in whole or in part, we shall be entitled to render it invalid.

12. Arrival of visitors and parking

The visitor is personally responsible for getting to the event and shall park his/her car at his/her own risk. Unauthorised parking is prohibited and will be prosecuted by the authorities; vehicles may only be parked in the approved parking areas or car parks. The escape and emergency exit routes are to be kept free from any obstructions at all times.

We recommend traveling to and from the Superbloom Festival by public transport. An MVG combi ticket for all buses, trams, subways, S-Bahn trains and local trains in the entire MVV tariff area is connected to the admission ticket. This combination ticket is valid for the return trip to and from the event location.

13. Cancellation, postponement and changes to the programme

The event may be cancelled by the organiser up until the start of the event without reasons being given.

Furthermore, changes to the festival programme may occur. In the event of individual artists (groups) cancelling, the organiser will endeavour fully to find appropriate replacements. Visitors shall not have recourse to asserting claims due to the cancellation of individual artists (groups). Admission to event areas with a limited capacity shall only be granted within the context of the officially approved spectator capacities. Should the admission capacity be exhausted, the organiser may temporarily restrict admission without this giving rise to a claim to any partial refund of the ticket price.

Our liability in the event of cancellation prior to the start of the event, postponement or other major changes to the event shall be limited to the refund of the nominal value of the admission ticket. Personal arrangements made by the ticket holder, including for travel and accommodation in connection with the event, shall be made at his/her own expense and risk. In such cases, we shall not be liable beyond the repayment of the nominal value of the admission ticket, in particular not for expenses incurred in vain. A significant change shall be deemed to have arisen if a change occurs which turns the event into a substantially different event to that which a purchaser of a ticket might have reasonably expected. In this sense, the change of an artist in the line-up for the event shall not constitute a significant change.

Should the event be postponed or if a substantial change occurs, a refund of the ticket price shall only take place if the refund request (and, if applicable, return of the ticket) is received by us or our ticket partners in good time. Such refund requests must be made at least 24 hours prior to the start of the replacement date for the event or the significantly altered event.

14. Shutting off and clearing of areas

For safety reasons, the organiser may temporarily or completely clear and shut off individual areas, without this forming a claim for partial reimbursement of the ticket price. The instructions of the organiser in this regard or the instructions of the persons and companies commissioned by the organiser must be followed immediately, in particular to avert danger to life and limb.

15. Weather

The concert will in principle take place whatever the weather is. In the event of a weather-related risk to visitors, however, the organiser reserves the right to interrupt or cancel the event at any time. In the event of a corresponding interruption of the event, no claims shall exist the part of the visitors to a full or partial refund of the ticket price.

16. Notices and instructions

In addition, the up-to-date notices and the instructions of the public order service staff on site, and the latest information on the official home page of the organiser www.superbloom.deand the official Festival app shall apply.

17. Changes to the Superbloom terms and conditions

We reserve the right to amend, supplement, replace or otherwise modify the Superbloom T&Cs at any time, e.g. if such is required due to changes to the event, services, for safety reasons or due to changes in the law. In the event of changes, we shall take appropriate account of the interests of users. The time of the last change is specified at the end of these Superbloom T&Cs. Occasionally checking of this website for updates is your responsibility.

If we change the Superbloom conditions, we will inform you of such on the Superbloom website. The amended Superbloom T&C shall be effective six (6) weeks after this notification, unless you object to the amendment in good time. Attending the event after the expiry of this period of six (6) weeks without having objected to such shall constitute agreement to the amended Superbloom T&Cs.

18. Severability clause

Should any provision of these Superbloom T&Cs be or become invalid, the remaining provisions of the T&Cs shall remain expressly unaffected thereby. The invalid provision shall be replaced by a valid provision which the parties would have agreed to in good faith had they known of the invalidity of the provision in question and which comes as close as possible to the economic purpose originally pursued by the invalid provision.

II HOUSE RULES FOR THE FESTIVAL GROUNDS

1. Application of the house rules / festival grounds

By purchasing a ticket and entering the grounds, the visitor undertakes to comply with these Superbloom T&Cs and the house rules of Olympiapark München GmbH.

2. Orders issued by public order and security forces

Orders issued by the official public order services and/or the public order service deployed by the organiser are to be obeyed in full at all times.

3. Entering the festival grounds

Entering the festival area is only permissible with an attached, undamaged wristband and associated admission ticket or a valid festival pass.

4. No admission for conspicuous visitors

Visitors who are obviously drunk or under the influence of drugs or similar conspicuous visitors shall not be eligible for entry to the festival grounds.

5. Security checks and prohibited items

Upon entering the festival grounds all persons (body check) and the brought items they have brought with them shall be searched for prohibited items. Prohibited items

  1. All bags, backpacks and luggage, with the exception of explicitly permitted bags (see permitted items)
  2. Drinks and liquids of all types
  3. Helmets, masks, face coverings
  4. Firearms, blades and stabbing weapons and any other kind of weapons
  5. Saws, axes, hatchets and comparable tools
  6. Fireworks and sparklers and other pyrotechnic items of any kind (including Bengal fireworks)
  7. Chairs, seating furniture and seating (e.g. polystyrene cubes)
  8. RECORDING DEVICES: professional audio, photographic and video equipment shall be prohibited
  9. Notebooks, tablets, computers
  10. Laserpointers
  11. Bulky items of any kind, such as ladders, chairs, flagpoles, umbrellas, camping equipment, selfie-sticks
  12. Drugs and illegal substances of any kind
  13. Glass bottles, gas cylinders, deodorants, hairspray
  14. Drums, vuvuzelas and other mechanical or electronic devices for noise generation
  15. Studded belts, chains, chains on wallets, collars
  16. Bicycles, Inline skates, roller skates, skateboards and E-scooter
  17. Texts, images and other materials with discriminatory, inhuman, obscene, pornographic, and/or racist content, or which allow recognition a background violating the personal rights of third parties.

The carrying of the aforementioned items may led to the dismissal of the visitor and to the exclusion of the visitor from the event. The organiser shall accept no liability for the loss of items from the depositaries. The prohibited items may not be left in the depositaries (containers or lockers).

Permitted items

  1. Wallets and purses
  2. Keys
  3. Small belt and bum bags
  4. Small handbags up to a size of a DIN A4 sheet of paper
  5. Transparent backpacks (clear bags) up to a size of H44 x W37 x D30 cm
  6. Mobile phones
  7. Empty foldable drinking bottles
  8. Disposable cameras
  9. Pocket cameras
  10. Delicate jewellery chains
  11. Small power banks

6. Escape and rescue routes

Escape and rescue routes, supply routes and stairs are to be kept free of obstructions at all times. They must not be used as seating and must remain possible to pass through them quickly.

7. Prohibition of animals

Bringing animals into the festival grounds is not allowed.

8. Liability of the organiser and lockers

The organiser shall not be liable for damages and losses arising for users and visitors due to burglary, theft, fire, natural disasters or other incidents. These limitations of liability shall be accordingly subject to the limitations in Point I. 3 of the Superbloom T&Cs pertaining to the liability of the organiser. Valuables may be deposited lockers in the luggage storage area (if available). The liability of the organiser for items deposited in lockers (if available) shall be excluded.

9. Dealing with litter

During the event, all litter is to be disposed of in the bins and containers provided.

10. Protection of children and young people

We observe the Youth Protection Act. For the protection of children and young people, the access authorisation in accordance with Point I.2. of the Superbloom T&Cs shall apply to all event areas.

11. Use of the toilets

Urinating outside of the toilets and facilities provided is not permitted.

12. Vandalism

Intentional damage of any items and facilities is prohibited and will be prosecuted as vandalism.

13. Prohibition on entering certain areas

Accessing wall systems, climbing fences, light poles, buildings, electrical boxes, sanitary stations, portable toilets and other infrastructure facilities is prohibited across the entire event grounds.

14. Staying on the event grounds without permission

Persons remaining on the enclosed event site without authorisation shall be reported on the basis of remaining under false pretences (§ 265a StGB) and trespassing (§ 123 StGB).

15. Need to show consideration

Consideration is to be shown to the other festival visitors and residents.

16. Exclusion from the event

Failure to comply with the house rules may lead to a total exclusion from the event. Upon exclusion from the event, the ticket shall lose its validity. A claim for re-admission or to a refund of the purchase price shall be excluded.

17. Prohibition on endangering other visitors

Any hazards caused by other visitors, in particular through "crowd surfing", "circle of death", "pogo dancing" or by the burning of fireworks is strictly prohibited and will lead to exclusion from the event.

III ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS

1.   To the extent that the purchaser, who is a consumer and purchased the ticket online, the organiser points out that the European Commission provides a platform for online dispute resolution. The organiser’s e-mail address is: info@superbloom.de .

2.   To the extent that the purchaser, did not purchase the ticket online, the organiser points out that it is not willing to participate in a dispute resolution process as per the Consumer Dispute Resolution Act.

3.   A consumer is any natural person who purchases a ticket for purposes that that are predominantly not to be assigned to either his/her commercial or self-employed activities.

(German-language Superbloom T&C apply. The English version is not binding and serves as information.)

February 2020