Terms and Conditions

GENERAL TERMS AND CONDITIONS

Superbloom Festival Munich

I General Provisions
II House Rules
III Alternative Dispute Resolution for Consumers

These general terms and conditions (“Superbloom T&Cs”) of Superbloom Festival GmbH & Co. KG ("we," "us," "organizer") apply to attendance at the Superbloom Festival Munich ("event"). In addition to our Superbloom T&Cs, the General Terms and Conditions of our official ticket partners also apply when purchasing tickets for the event. By purchasing and possessing a ticket for the event, the person concerned accepts the applicability of the Superbloom T&Cs.

I GENERAL PROVISIONS

1. Purchase of Tickets

Tickets can only be purchased from our partner Universe For the processing of ticket purchases, the General Terms and Conditions of the ticket partner apply exclusively. These are available here (individually "Ticket Partner T&Cs"). The Ticket Partner T&Cs are an integral part of these General Terms and Conditions. In the event of a conflict between the Superbloom T&Cs and the Ticket Partner T&Cs, the Superbloom T&Cs prevail.

Each customer may purchase a maximum of six (6) tickets. If the number of tickets ordered by a customer exceeds six (6), we reserve the right to have the ticket provider cancel orders exceeding this limit.

2. Access Authorizations

The provisions of the Law for the Protection of Young People in Public apply on the festival grounds.

Admission is permitted for children aged six and over. Children and adolescents aged six and under 16 years are only admitted to the event when accompanied by a person with parental custody or a person entrusted with upbringing. A person entrusted with upbringing is any person over 18 years of age who performs educational duties on a permanent or temporary basis due to an agreement with the person with parental custody (usually the parents) or who cares for a child or adolescent within the framework of education or youth welfare. Persons entrusted with upbringing must carry written proof of their appointment.

Adolescents aged 16 and over without the accompaniment of a person with parental custody or a person entrusted with upbringing have access to the event until the end of the event.

Children and adolescents between the ages of 6 and 15 (inclusive) may only attend concerts when accompanied by a person with parental custody.

Persons entrusted with upbringing must carry written proof of their appointment.

3. Liability of the Organizer

The organizer's liability for damages of any kind is excluded. This exclusion does not apply to damages caused intentionally or through gross negligence by the organizer, in cases of (simple) negligence by the organizer for damages resulting from injury to life, body or health, or for the simply negligent breach of essential contractual obligations by the organizer. Essential contractual obligations are all obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the visitor regularly relies and may rely.

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

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

4. Entering and Leaving the Festival Grounds

Before entering the festival grounds for the first time, the tickets are completely invalidated, the visitor is given and/or fitted with a wristband. This replaces the exit pass and must be carried at all times during the event. When re-entering the festival grounds, the undamaged wristband must be shown, otherwise there is no right to re-entry. "Festival grounds" in this sense is the entire area, including the designated paths.

5. Security Checks

For reasons of safety and order, a security check with a body check is carried out by the security service at the entrance to the festival grounds. The organizer is entitled to refuse entry to the event if the visitor is carrying prohibited items or substances (see also the house rules) or there is any other risk to the safety and health of the visitor or other visitors (e.g., in the event of aggressive behavior, lack of proof of access authorization) or the ticket used for entry has been invalidated or the visitor otherwise violates the Superbloom T&Cs.

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

If the visitor is responsible for the refusal of entry to the event or the removal from the event, there is no right to a refund of the ticket price.

We reserve the right to refuse entry if a visitor refuses to leave behind items that, in our reasonable assessment, could pose dangers or disturbances to other people during the event or that are among the prohibited items listed under Section II 5.

The organizer is not obliged to keep the items in custody and accepts no liability for their loss.

6. Image and Sound Recordings on the Festival Grounds

Only small cameras and mobile phones with camera functions are permitted on the festival grounds, provided that they are only intended for personal, non-commercial use. Therefore, the use of SLR cameras, cameras with zoom lenses or any type of video function is not permitted. Video cameras and audio recording devices of all kinds, such as tape recorders, MP3 recorders and dictation devices, are also prohibited. The organizer may refuse the visitor entry to the festival grounds if the visitor is not prepared to enter the festival grounds without the prohibited devices.

All rights to sound and video recordings of the festival for commercial use are held exclusively by the organizer. No one may record, transmit and/or make such recordings publicly accessible for commercial purposes without the prior written consent of the organizer. This includes in particular the distribution of such recordings directly via the internet.

7. Use of Sound and Image Recordings

We film, live-stream and photograph the event and make audio and audiovisual recordings of it. This may include the audience. By entering the festival grounds, the festival visitor irrevocably consents to the free use of their image and voice for photographs, live broadcasts, transmissions and/or recordings of images and/or sound recordings made by the organizer, its agents or other third parties in connection with the event, as well as their subsequent use in all current and future media, such as in the form of audio and video recordings and digital distribution, e.g., via the internet). In particular, this means that the visitor grants the organizer and its contractual partners or licensees the unrestricted right in terms of time, place and content to record the visitor's images, voice, actions and/or statements of the visitor in any form and configuration without the visitor's separate consent and to reproduce, transmit, make publicly accessible and/or otherwise distribute them in media of their choice for any commercial and non-commercial purposes.

Police or security recordings may be made on and around the festival grounds for the safety of visitors or for crime prevention. By entering the festival grounds, the festival visitor consents to this.

8. Cashless-Payment

The organizer reserves the right to introduce a cashless payment system for contactless electronic payment in parts or in full on the festival grounds. The type and scope are determined solely by the organizer. The visitor has no right to a specific payment method on the festival.

9. Exclusion of Visitors

In the event of an important reason, in particular if a visitor commits criminal offenses (e.g., bodily harm, theft, drug trafficking, sexual harassment) on the festival grounds, sets off fireworks or otherwise endangers employees of the organizer or other visitors (e.g., by crowd surfing), the organizer is entitled to exclude the visitor from the event. If the organizer exercises its right of exclusion, the ticket becomes invalid. There is no right to re-entry or to a refund of the purchase price.

10. Hearing and Health Damage

The festival visitor is aware and agrees that music festivals are high-volume environments. Please also note that pyrotechnics, lasers, smoke machines, strobe lighting or other special effects may occur during some performances. The organizer is only liable for hearing and other health damage to visitors if it and its vicarious agents are guilty of intent or negligence or if the organizer culpably fails to fulfill a duty to ensure safety. Direct proximity of the visitor to the loudspeakers must be avoided and corresponding barriers must be observed. The organizer strongly recommends the use of hearing protection, especially near the stages.

The event takes place outdoors. It is strongly recommended to bring suitable clothing and shoes to protect against possible weather conditions.

11. Handling the Ticket

The ticket must be kept carefully and is no longer transferable after it has been invalidated. Commercial resale of tickets is not permitted. Tickets may also not be sold privately at a price higher than the printed ticket price plus proven fees charged when purchasing the ticket.

If a ticket is resold or transferred to a third party, the buyer or recipient must be informed of the Superbloom T&Cs. Resale of the ticket can take place via the official resale.

The organizer generally agrees to the transfer of the right of attendance to a third party, unless there is a ban on the third party, the right of attendance is offered at a price higher than the face value of the ticket, or it is a commercial resale, the sale is arranged, carried out or processed by unauthorized third parties, in particular internet service providers, especially by marketplaces and ticket resellers on the internet not authorized by the organizer.

Finally, the use of purchased tickets for any commercial purposes – in particular for sweepstakes, for the execution of sweepstakes or competitions or for other advertising purposes – is expressly prohibited. A violation of these conditions leads to the loss of the right of attendance without compensation, i.e., the ticket becomes invalid in this case and the organizer is entitled to confiscate the ticket and the wristband without compensation. Should the ticket be wholly or partially altered and destroyed, we are entitled to invalidate it.

12. Arrival and Departure of Visitors and Parking

The visitor is responsible for their own arrival and departure to the event and parks their vehicle at their own risk. Wild parking is prohibited and will be prosecuted by the authorities; vehicles may only be parked in approved parking areas or car parks. The escape and rescue routes must be kept free of any obstructions at all times.

We recommend arrival and departure to the Superbloom Festival using public transport. The ticket includes an MVG combination ticket for all buses, trams, subways, suburban trains and local trains throughout the MVV tariff area. This combination ticket is valid for travel to and from the event venue.

13. Cancellation, Postponement and Program Changes

The event can be canceled by the organizer up to the start of the event without giving reasons.

Program changes can also occur at festivals. The organizer strives to provide appropriate replacements in the event of the cancellation of individual artists/groups. The visitor has no claims due to the cancellation of individual artists/groups. Access to event areas with limited capacity is only granted within the framework of the officially approved spectator capacities. If the admission volume is exhausted, the organizer can temporarily restrict access without this giving rise to a claim for partial reimbursement of the ticket price.

Our liability in the event of cancellation before the start of the event, postponement or other significant changes to the event is limited to the reimbursement of the face value of the ticket. Personal arrangements made by the ticket holder, including for travel and accommodation in connection with the event, are made at their own expense and risk. In these cases, we are not liable beyond the reimbursement of the face value of the ticket, in particular not for futile expenses. A significant change is when a change occurs that makes the event a significantly different event than a buyer of a ticket can reasonably expect. A change of an artist in the line-up of the event does not constitute a significant change in this sense.

Should the event be postponed or a significant change occur, a refund of the ticket price can only take place if the refund request (and ggf. return of the ticket) has been received by us or our ticket partners in good time. Such refund requests must be received by us no later than 24 hours before the start of the replacement date for the event or the significantly changed event.

14. Closure and Evacuation of Areas

For safety reasons, the organizer can temporarily or completely evacuate and close off individual areas of the festival grounds without this giving rise to a claim for partial reimbursement of the ticket price. The relevant instructions of the organizer or the instructions of the persons and companies commissioned by them must be followed immediately, in particular to avert danger to life or limb.

15. Weather

The concert generally takes place in all weather conditions. However, the organizer reserves the right to interrupt or cancel the event at any time if the weather conditions pose a risk to visitors. In the event of a corresponding interruption of the event, the visitor has no claim for full or partial reimbursement of the ticket price.

16. Notices and Instructions

In addition, the current notices and instructions of the security personnel on site, as well as the current information on the organizer's official website and the official festival app, apply.

17. Changes to the Superbloom T&Cs

We reserve the right to change, supplement, replace or otherwise modify the Superbloom T&Cs at any time, e.g., if this becomes necessary due to changes to the event, services, for safety reasons or changes in the law. In the case of changes, we will adequately consider the interests of the users. The date of the last change is given at the end of these Superbloom T&Cs. It is your responsibility to check this page periodically for updates.

If we change the Superbloom T&Cs, we will inform you about this on the Superbloom website. The changed Superbloom T&Cs become effective six (6) weeks after this notification, unless you object to the change in good time. Attendance at the event after this period of six (6) weeks without objection constitutes acceptance of the changed Superbloom T&Cs.

18. Severability Clause

Should a clause of these Superbloom T&Cs be or become ineffective, the remaining provisions of the terms and conditions remain expressly unaffected. The ineffective provision is replaced by an effective provision that the parties would have agreed in good faith, taking into account good faith, if they had known of the ineffectiveness of the provision in question and that comes as close as possible to the originally pursued economic purpose of the ineffective provision.

II HOUSE RULES

1. Validity of the House Rules FESTIVAL GROUNDS

By purchasing the ticket and entering the festival grounds, the visitor submits to these Superbloom T&Cs and the house rules of Olympiapark München GmbH.

2. Instructions from Security and Order Personnel

The instructions of official order personnel and the security service deployed by the organizer must be followed at all times without restriction.

3. Entering the Festival Grounds

Entry to the festival grounds is only permitted with a attached, undamaged festival wristband or valid festival pass.

4. No Entry for Conspicuous Visitors

Obviously drunk, drugged or similarly conspicuous visitors have no right to enter the festival grounds.

5. Security Checks and Prohibited Items

When entering the festival grounds, all persons (body check) and their brought items are searched for prohibited items. Prohibited items include, among others:

1. Any bags, any backpacks and any suitcases with the exception of the explicitly permitted bags
2. Drinks and liquids of all kinds
3. Helmets, masks, disguises
4. Firearms, stabbing weapons, cutting weapons and other weapons of all kinds
5. Saws, axes, hatchets and similar tools
6. Fireworks, sparklers, star throwers and other pyrotechnic objects of all kinds
7. Chairs, seating furniture and seating
8. Recording devices: professional sound, photo and video equipment is prohibited
9. Notebooks, tablets, computers
10. Laser pointers
11. Bulky objects of all kinds, e.g., ladders, chairs, flagpoles, camping equipment, selfie sticks
12. Drugs and illegal substances of any kind
13. Glass bottles, gas bottles, deodorant spray, hairspray
14. Drums, vuvuzelas and other mechanical or electronic noise-generating devices
15. Studded belts, chains, chains on wallets, collars
16. Bicycles, inline skates, roller skates, skateboards and e-scooters
17. Texts, images and other materials with discriminatory, misanthropic, obscene, pornographic and/or racist content, or that reveal backgrounds that violate the personal rights of third parties.

Carrying the aforementioned items can lead to the visitor being turned away and excluded from the event. The organizer assumes no liability for the loss of items from the storage areas. Prohibited items may not be deposited in the storage areas (drop-off containers or lockers).

Permitted items include, among others:

1. Wallet
2. Keys
3. Small belt and fanny packs
4. Small handbags up to DIN A4 size
5. Transparent backpacks (clear bags) up to a size of H44 x B37 x T30 cm
6. Mobile phones
7. Empty foldable water bottles
8. Disposable cameras
9. Pocket cameras
10. Fine-link jewelry chains
11. Small power banks.

6. Escape and Rescue Routes

Escape and rescue routes, supply routes and stairs must be kept clear at all times and must not be used as seating and must be traversed quickly.

7. Prohibition of Animals

Bringing animals onto the festival grounds is not permitted.

8. Liability of the Organizer and Lockers

The organizer is not liable for damages and losses incurred by the user and visitor due to burglary, theft, fire, natural events or other incidents. The limitations in Section I. 3 of the Superbloom T&Cs on the organizer's liability apply accordingly to these limitations of liability. Valuables can be deposited in the luggage storage in lockers (if available). The organizer's liability for items deposited in lockers (if available) is excluded.

9. Handling Waste

During the event, waste must be disposed of in the bins and containers provided for this purpose.

10. Protection of Children and Adolescents

We observe the Youth Protection Act. The access authorization according to Section I.2. of the Superbloom T&Cs applies on all event areas for the protection of children and adolescents.

11. Use of Toilets

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

12. Vandalism

Intentional damage to any items and facilities is prohibited and will be prosecuted criminally as vandalism and reported.

13. Prohibition of Entering Certain Areas

Entering ramparts, climbing fences, light poles, buildings, electrical boxes, sanitary stations, mobile toilets and other infrastructure facilities on the entire festival grounds is prohibited.

14. Unauthorized Presence on the Festival Grounds

Persons who are on the festival grounds without authorization will be reported for obtaining services by deception (§ 265a StGB) and trespassing (§ 123 StGB).

15. Duty of Consideration

Consideration must be exercised towards the other festival visitors and residents.

16. Exclusion from the Event

Failure to comply with the house rules may lead to complete exclusion from the event. With exclusion from the event, the ticket loses its validity. There is no right to re-entry or to a refund of the purchase price.

17. Prohibition of Endangering Other Visitors

Any endangerment of other visitors, in particular by "crowd surfing," "circle of death," "pogo dancing" or by setting off fireworks, is strictly prohibited and leads to exclusion from the event.

III ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS

If the buyer is a consumer and purchased the ticket online, the organizer points out that the European Commission provides a platform for online dispute resolution The organizer's email address is: info@superbloom.de .

If the visitor did not purchase the ticket online, the organizer points out that it is not willing to participate in a dispute resolution procedure under the Consumer Dispute Resolution Act.

A consumer is any natural person who acquires a ticket for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

Status: February 2020