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GTC

 
General Terms and Conditions of Brodbeck & Lips GmbH

 

1 area of validityI

1.1 These terms and conditions apply to all contracts for:

a) All events held by Brodbeck & Lips GmbH and for tickets for such events, regardless of which ticketing provider (such as Ticketino, Seetickets, Ticketcorner (not exhaustive))) the customer (hereinafter referred to as event visitor/ticket buyer) bought them from has, as well as for all other related services and deliveries of Brodbeck & Lips GmbH. In addition, the General Terms and Conditions and the data protection declaration of the respective ticket provider (e.g. Seetickets) apply.

b) Partnerships (hereinafter referred to as contractual partners) such as suppliers, sponsoring and media partners etc. (not exhaustive).

1.2 Insofar as the regulations in the event contract signed by the parties deviate from those in these General Terms and Conditions, the regulations in the event contract apply.

 

1.3 The consent to these General Terms and Conditions is given by the use of the corresponding service by the contractual partner/ticket buyer/event visitor. The contractual partner's terms and conditions only apply if they have been expressly agreed in writing beforehand.

 

2  conclusion of contract

2.1The contract comes into effect when Brodbeck & Lips GmbH accepts the written application of the contractual partner; if the contractual partner confirms or reconfirms an offer in writing (also by email) or receives a written confirmation from Brodbeck & Lips GmbH. An offer is valid for 14 days if no other period has been agreed. After this period, the offer expires. An offer from Brodbeck & Lips GmbH does not oblige the latter to conclude a contract. Brodbeck & Lips GmbH expressly reserves the right toor to withdraw the offer before the end of the option period.

 

2.2By purchasing a ticket foran event which is carried out by Brodbeck & Lips GmbH is closed by the event managerThe searcher/ticket buyer signs a contract with Brodbeck & Lips GmbH for the services specified on the ticket.

 

3  Purchase contract for tickets for events (shows, workshops, etc.)

By ordering the ticket, the event visitor/ticket buyer concludes a contract with Brodbeck & Lips GmbH for the services specified on the ticket, insofar as Brodbeck & Lips GmbH is the contractual partner for the specified services.

3.1     The ticket purchaser receives the right to purchase the services and to enter and visit the event in accordance with the order confirmation or ticket imprint. The right of access and visitation is subject to the condition that the ticket purchaser, as a visitor to the event, meets the security, access and age requirements of the event. As far as such requirements exist, they are in the description of the event www.brodbeck-lips.ch or the ticket provider (Seetickets, Ticketcorner etc.) (e.g. show from 16 years of age or accompanied by an adult). Small children under the age of three (3) years are excluded from Brodbeck & Lips GmbH events for health reasons (exceptions will be communicated). The contractual partner rejects any responsibility or liability for any kind of damage in the event of mishandling. We therefore recommend purchasing tickets only from the official ticket offices mentioned on the Brodbeck & Lips GmbH website or the event website.

3.2     Print@home tickets, mobile tickets and all tickets sent by the ticketing provider (by post or email) are automatically checked at the entrance to the event. If the barcode/QR code on the tickets cannot be read by the electronic access system and the barcode number cannot be deciphered, there is no entitlement to admission to the event. If an event visitor is turned away for this reason, there is no entitlement to payment. The first holder of a Print@home ticket, mobile ticket or e-ticket will be admitted to the event, after which the ticket will be blocked for further access. Only tickets purchased through an official sales channel are valid. Print@home tickets may only be printed out once, mobile tickets may not be forwarded. Copying, altering or imitating tickets is prohibited. Tickets must be protected from dirt and damage.

3.3     In the case of personalized tickets, the personalization rules set out by Brodbeck & Lips GmbH and the respective ticket provider in each individual case (transfer options, admission controls and degree of personalization) apply. As a rule, personalization includes specifying the personal details of the authorized person on the ticket (print). Only the person named on the ticket will be granted access to the booked event. The ticket buyer is responsible for the completeness and correctness of the personal data and Brodbeck & Lips GmbH is in no case liable for damage resulting from the inaccuracy or incompleteness of information.

3.4     During the visit to the event, any sound and/or image recordings by the event visitor are prohibited unless Brodbeck & Lips GmbH has given its prior written consent to such granted recordings.

3.5     There is no right to a replacement for lost and/or damaged tickets. When leaving the venue, the ticket loses its validity.

3.6     The event visitor may not take any objects to the events, the possession or use of which could endanger the other event visitors in any way. Prohibited items confiscated by security personnel:

  • Any drinks in glass bottles, cans, PET and tetra packs

  • Gas spray cans, colouring, caustic or otherwise harmful substances

  • dishes of all kinds

  • drugs

  • Liquids in glass, cans and other containers

  • Professional photo cameras, video cameras and recording devices of any format, selfie stick

  • Laptops, tablets, computers

  • Weapons of all kinds, objects that can be used as weapons or projectiles, laser pointers

  • Backpacks and bags larger than A4

  • Sports equipment such as roller skates or kickboards

  • Banners, signs larger than A2 and flags with a pole longer than 1 meter

  • Fireworks, sparklers, smoke petards, other pyro and Bengal parts including launchers

  • Animals

  • Objects, clothing and/or media with racist, xenophobic, violent or discriminatory imprints or content

This list is not final and can be supplemented by the respective contractual partner.

3.7     The event visitor undertakes to strictly observe all safety and implementation regulations and all relevant instructions issued to him by Brodbeck & Lips GmbH or his assistants , communicated in writing or orally during or after the event. If the visitor arrives after the start of the event, his/her entitlement to the seat specified on the ticket lapses.

3.8 Brodbeck & Lips GmbH is entitled to refuse the event visitor access to the event without compensation A) or B) to exclude the event visitor from the event during the event, if the event visitor does not meet the admission requirements, in particular the age limit specified for the event, or if the event visitor does not comply with the safety and/or implementation regulations of the contractual partner despite requests from Brodbeck & Lips GmbH or their assistants (drug use and excessive alcohol consumption will not be tolerated).

3.9     The ticket buyer acknowledges that there is no right of withdrawal with regard to the completed purchase of the tickets. The tickets received for the event can therefore not be returned as a matter of principle. Exchanges are possible for a fee in individual cases. The same applies if the date of the event and/or the venue has to be postponed for any reason. In these cases, the ticket entitles the event visitor to attend the event on the replacement date or location. If an event is canceled for any reason, the ticket in question must be returned within 30 days of the cancellation at the advance booking office where it was purchased/ordered. Only the nominal value printed on the ticket will be refunded without fees, whereby Brodbeck & Lips GmbH is entitled to charge the nominal value for objectively justified reasons, e.g. Reduce the refund amount by a maximum of 10%. Refunds can only be made to the original purchaser. In the case of cancellations due to "force majeure" such as war, terrorist attacks, strikes, epidemics, pandemics, official restrictions or bans and the like, regardless of whether such circumstances were foreseeable at the time of ticket purchase (where there is no postponement date within 365 days). no tickets or their and other costs will be refunded. The contractual partner is not liable for damage/cancellations due to "force majeure".

If an event has to be canceled for technical reasons, it is deemed to have been played once the first break has been reached or the first half of the total playing time has been reached. A refund is excluded. If an event cannot be held due to an unforeseeable event that is beyond the control of Brodbeck & Lips GmbH (force majeure such as fire, natural disasters, war, terror, strikes), Brodbeck & Lips GmbH cannot be held liable for this .

3.10   The event visitor acknowledges and agrees that the ticketing providers accept the payment for the ticket order on the basis of a collection authority of the contractual partner in their own name and are authorized to dispose of the payment received.

3.11   Brodbeck & Lips GmbH cannot guarantee the accuracy and completeness of the published event data due to the possibility of the ticket sales system being influenced by transmission errors, technical faults or illegal interventions by third parties. However, the event visitor has a right of withdrawal if the ticket order was made on the basis of the event data that was demonstrably incorrectly published on the Internet and therefore demonstrably relevant data (date, prices, locations) for the ticket purchase have to be changed by the contractual partner afterwards. The right of revocation applies up to a maximum of 7 days before the official date of the event (in the case of a written revocation, the date on the postmark is decisive). If the right of cancellation is exercised, the event visitor is entitled to a refund of the ticket price in accordance with Section 3. Processing fees paid in addition to the ticket price will not be refunded.

3.12   Any trade in purchased tickets, specifically for industrial or commercial purposes, is prohibited. Violations can lead to the loss of the services associated with the purchased tickets and to claims for damages and the return of profits against the original ticket buyer and the ticket purchasers. Persons who violate these provisions can be excluded from purchasing tickets.

3.13   The event visitor/ticket buyer agrees that all of their information/data may be used jointly or individually by Brodbeck & Lips GmbH for marketing and advertising purposes. The consent of the event visitor also expressly refers to the right to pass on the information/data to third parties and in particular to other service providers for market research, for target group and contractual partner profile analyzes (including the creation of customer profiles). The disclosure and use of the information is limited to companies and organizations from the following sectors: publishers and media clubs, address and mail order companies, telecommunications service providers, games of chance (e.g. lotteries), travel and tourism, health care, financial service providers and insurance companies , pharmaceutical and cosmetics companies, non-profit associations, catering establishments, vehicle manufacturers and dealers, vocational and further training institutes as well as to third parties who work for these companies and organizations such as advertising agencies. These companies may send the event visitor interesting information, offers, samples and advertising messages (by post, email, SMS and telephone) on an ongoing basis. This consent to the use of the information can be revoked at any time by email to management@brodbeck-lips.ch or by post to Brodbeck & Lips GmbH, Dorfstrasse 55, 8802 Kilchberg. Otherwise, the use of personal data by Brodbeck & Lips GmbH is based on the separate data protection declaration.

3.14   By purchasing the ticket, the event visitor/ticket buyer agrees that Brodbeck & Lips GmbH may take photos and videos of the show productions/workshops and may use them for advertising purposes.

3.15     A smoking ban applies to all events in all Brodbeck & Lips GmbH premises. Failure to comply with this regulation can lead to exclusion from the event.

 

3.16     For events with different cast options, there is no entitlement to a specific cast of the roles. Also if the artists have to be replaced due to injuries/illness.

 

3.17 Every visitor to the event requires a ticket. Children and young people up to the age of 14 may only visit the event when accompanied by an adult. Brodbeck & Lips GmbH cannot be prosecuted for age recommendations made. Whether attending an event is appropriate is at the sole discretion and responsibility of the event visitor or their companion.

 

4  Services, prices, payment & offsetting

4.1     Brodbeck & Lips GmbH  is obliged to provide the services ordered by the contractual partner and promised by Brodbeck & Lips GmbH contract signed by both parties.

4.2     The contractual partner and the ticket buyer are obliged to pay the agreed prices of Brodbeck & Lips GmbH for these and other services used. This also applies to claims from copyright collecting societies.

4.3     The agreed prices include the respective statutory turnovertax on.

4.4     Brodbeck & Lips GmbH invoices are payable on the specified due date without deduction. If no due date is mentioned, the invoice must be paid within 10 days. In the event of a delay in payment, Brodbeck & Lips GmbH is entitled to demand the applicable statutory interest on arrears. Brodbeck & Lips GmbH reserves the right to prove greater damage. Invoices for purchased tickets must also be paid before the event. The payment request remains after the event date and is not automatically canceled.

4.5     Brodbeck & Lips GmbH is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates are agreed in writing in the contract.

4.6     In justified cases, e.g. payment arrears on the part of the contractual partner or extension of the scope of the contract, Brodbeck & Lips GmbH is entitled to make an advance payment even after conclusion of the contract up to the start of the event or security or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

4.7     The contractual partner can only offset a claim against a claim of Brodbeck & Lips GmbH that has been recognized in writing or has been legally established by a court.

 

5  Conditions of cancellation/right of withdrawal

5.1     A cost-free withdrawal of the contractual partner from the contract concluded with Brodbeck & Lips GmbH requires the written consent of Brodbeck & Lips GmbH. If this is not done, the agreed advance payment from the contract must be paid in any case. Pursuant to Section 3 of the General Terms and Conditions, there is no right of withdrawal for tickets and the consequences of any definitive cancellation of the event are based exclusively on Section 3 of the General Terms and Conditions.

5.2     If a date for free withdrawal from the contract has been agreed in writing between Brodbeck & Lips GmbH and the contractual partner, the contractual partner can withdraw from the contract until then without trigger payment or damage claims by Brodbeck & Lips GmbH. Brodbeck & Lips GmbH is also entitled to withdraw from the contract during this period. The contractual partner's right of withdrawal expires if he does not exercise his right of withdrawal in writing to Brodbeck & Lips GmbH by the agreed date.

If the contractual partner withdraws from the contract after the specified period has expired, the following provisions apply:

5.3     Gastronomy events in connection with show tickets/workshops

After signing the order confirmation, the booking of the group tickets including catering services or the rooms is final and the following cancellation conditions apply: The written receipt of the cancellation by Brodbeck & Lips GmbH is decisive for the calculation.

From the signed order confirmation up to 60 days before the event date: 50% of the reserved service

  • 30 to 59 days before the event date: 75% of the reserved service

  • 0 to 29 days before the event date: 100% of the reserved service

  • If no service has yet been defined for banquet events, a basic amount of CHF 60.00 per person is assumed.

  • In the event of a no-show, the contractually agreed rates will be charged. 

 

6  Contract withdrawal by Brodbeck & Lips GmbH

6.1     If a right of withdrawal free of charge for the contractual partner within a certain period was agreed in writing, Brodbeck & Lips GmbH is entitled to withdraw from the contract during this period.

6.2     If an agreed or timely advance payment requested in accordance with Clause 4.5 above is not made, Brodbeck & Lips GmbH is also entitled to withdraw from the contract.

6.3     Furthermore, Brodbeck & Lips GmbH is entitled to cancel events for objectively justifiable reasons or to withdraw from the contract/to terminate it without notice, for example if:

  • Events booked with misleading or incorrect information about essential facts, e.g. the contractual partner or the purpose

  • will;

  • Events where the purpose is directly or indirectly related to sectarian, sexist, racist, right-wing extremist or similar ideas;

  • Brodbeck & Lips GmbH has reasonable grounds to assume that the events will ensure smooth and other business operations,

  • can endanger the safety or the reputation of Brodbeck & Lips GmbH in public, without this being attributable to the area of control or organization of Brodbeck & Lips GmbH;

  • Force majeure (such as war, terrorist attacks, strikes, epidemics, pandemics, official restrictions or bans and the like or other circumstances for which Brodbeck & Lips GmbH is not responsible make it impossible to fulfill the contract;

6.4     If Brodbeck & Lips GmbH withdraws from the contract/terminates without notice for an objectively justifiable reason, the contractual partner has no right to repayment of the contractually stipulated advance payment or to compensation.

 

7  Change in the number of participants and the event time

Gastronomy events in connection with show tickets/workshops

After the conclusion of the contract (signed order confirmation), the contractual partner has the option of specifying changes in the number of people up to six weeks before the date of the event from a deviation of a maximum of 10% of the total number of participants for the tickets and the catering order without incurring any costs. A deviation of more than 10% can be assumed by Brodbeck & Lips GmbH will be charged. From then on, the order is binding and can no longer be changed. 

 

8  Bringing food and drinks

The contractual partner/event visitor may not bring any food or drinks to events. Exceptions must be communicated in writing by Brodbeck & Lips GmbH.

9  Loss of or damage to items brought with you

9.1   Exhibition items and other personal items may be placed in the event rooms of Brodbeck & Lips GmbH at the risk of the contractual partner. Brodbeck & Lips GmbH assumes liability for loss or damageliability, not even for financial losses, except in the case of gross negligence or intent on the part of Brodbeck & Lips GmbH. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

9.2   Material brought along must meet the fire protection requirements at all times. Brodbeck & Lips GmbH is entitled to demand official proof if necessary. If such proof is not provided, Brodbeck & Lips GmbH is entitled to remove material that has already been brought in at the expense of the contractual partner. Due to the risk of damage, the installation and attachment of objects must be coordinated with Brodbeck & Lips GmbH at an early stage.

9.3   Exhibition and other items brought along must be removed immediately after the end of the event. If the contractual partner fails to do so, Brodbeck & Lips GmbH may remove and store the goods at the contractual partner's expense. If the items remain in the event room, Brodbeck & Lips GmbH can charge a reasonable compensation for use for the duration of the stay. The contractual partner is free to prove that the above claim did not arise or did not arise in the required amount.

 

10  event risk

10.1   The contractual partner bears all risks associated with the event, including the preparation and handling after its completion.

10.2   If, due to force majeure, it is not possible to hold events on the premises of Brodbeck & Lips GmbH and the parties are therefore unable to meet their contractual obligations, each party shall bear the costs incurred and shall be liable the other party not responsible for the consequences of non-fulfillment of their contractual obligations. Reserved are costs incurred by Brodbeck & Lips GmbH from contractual relationships with third parties that were concluded in connection with the organization of the event by Brodbeck & Lips GmbH. These costs are borne equally by the parties. Furthermore, the contractual partner has no claim to repayment of the contractually stipulated advance payment or to compensation.

10.3   Force majeure within the meaning of the present provision includes all circumstances beyond the control of the parties, in particular, but not exclusively, fire, flood, earthquake, strikes or failure of public infrastructure (e.g. electricity, etc.). On the other hand, if the event has to be canceled or postponed due to official restrictions, security or health reasons. canceled (e.g. panic, terrorist threat, act of terrorism, order to protect health, pandemics/epidemics, etc.), neither these events nor the corresponding official orders are considered force majeure and the cancellation fee agreed in the event contract and the additional costs already incurred remain due.

 

11  Liability of Brodbeck & Lips GmbH

11.1   Brodbeck & Lips GmbH has a liability insuranceinsurance with a liability sum of CHF 10,000,000. The overall liability of Brodbeck & Lips GmbH under all legal titles is limited to the maximum amount of the usage fee. Claims by third parties against Brodbeck & Lips GmbH due to defects in the subject matter of the contract take precedence over the corresponding claims of the contractual partner arising from the contractual relationship.

11.2   Brodbeck & Lips GmbH is only liable for damage caused by intentional or grossly negligent behavior. This also applies to personal injury.

11.3   Brodbeck & Lips GmbH is under no circumstances liable for damage caused by the behavior of its vicarious agents.

11.4   Brodbeck & Lips GmbH points out that even if an appropriate protection and hygiene concept is fully implemented and all required hygiene measures are observed, the customer can still be infected with the coronavirus (SARS-CoV-2) or other pathogens cannot be completely ruled out.

 

12  Due diligence and liability of the contractual partner

12.1   The contractual partner undertakes to use the infrastructure carefully.

12.2     The contractual partner is responsible for all necessary insurance and permits/conditions. Brodbeck & Lips GmbH may request proof of this insurance. Goods brought in are to be appropriately insured by the contractual partner at their own expense. Brodbeck & Lips GmbH rejects any liability.

12.3   The mobile objects brought into the contractual object by the contractual partner and/or its contractual partners with the event are not insured by Brodbeck & Lips GmbH against fire, natural hazards, water damage and theft. Upon request, the contractual partner shall provide Brodbeck & Lips GmbH with a copy of the corresponding insurance policy.

12.4   The ticket purchaser/performance visitor/contract partner is liable to Brodbeck & Lips GmbH without limitation for direct and proven damage caused by illegal intent or gross negligence. The liability of the ticket buyer towards Brodbeck & Lips GmbH is excluded for slight negligence.

12.5   The contractual partner is liable for all damage and losses caused to rooms, facilities, furniture and surroundings by himself, his employees, assistants, guests or other third parties in his area. The contractual partner is liable for defective or missing devices.

12.6   The contractual partner is liable to Brodbeck & Lips GmbH or third parties for all damage incurred by Brodbeck & Lips GmbH or third parties in connection with the implementation of the event (including assembly and dismantling activities).

12.7   The contractual partner indemnifies Brodbeck & Lips GmbH from all liability and damage claims for which it is not responsible (including claims from infringement of property rights), which third parties assert against Brodbeck & Lips in connection with the event assert GmbH. In these cases, he also assumes the procedural and pre-trial legal costs (including attorney's fees) of Brodbeck & Lips GmbH.

12.8   The contractual partner takes out business liability insurance (or event liability insurance) with coverage of at least CHF 20 million. The contractual partner shall submit the relevant insurance policy to Brodbeck & Lips GmbH upon first request. The insurance must cover all damage, including business interruption, that Brodbeck & Lips GmbH incurs as a result of the event (including assembly and dismantling activities), resp. can arise. If the contractual partner breaches his/her obligation according to the present paragraph, Brodbeck & Lips GmbH has the right to demand security for any damage or, at its own discretion, to terminate the event contract.

  

13  Statute of limitations

In principle, all claims against Brodbeck & Lips GmbH become time-barred one year after the start of the knowledge-dependent regular limitation period. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by Brodbeck & Lips GmbH.

 

14  Handling of data

The handling of data within Brodbeck & Lips GmbH can be found directly in the separate data protection declaration.

 

15  Intellectual Property Rights

The website and all the content of Brodbeck & Lips GmbH accessible via the website are protected by copyright and, unless otherwise specified, belong exclusively and comprehensively to Brodbeck & Lips GmbH. The website may contain references to third-party property rights and rights of use, which must be observed by the ticket buyer/event visitor. Reproducing (in whole or in part), distributing, transmitting (electronically or by other means), modifying, linking or using the content for public or commercial purposes is prohibited without the prior written consent of the organizer, unless otherwise stated on the website.

16  Final Provisions

16.1   Changes or additions to the contract, the acceptance of applications or these terms and conditions for events as well as the waiver of the written form must be made in writing. Unilateral changes or additions by the contractual partner are invalid.

16.2   Place of performance and payment is the headquarters of Brodbeck & Lips GmbH in Kilchberg ZH.

16.3   These GTC and the contracts that are concluded on the basis of these GTC are subject to Swiss law. The contractual partner recognizes that the exclusive place of jurisdiction for all legal disputes with Brodbeck & Lips GmbH is Zurich.

16.4   Should individual provisions of these General Terms and Conditions for Events be ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

16.5 Brodbeck & Lips GmbH reserves the right to change these GTC at any time. Changes will be made available on the website and will come into effect when they are posted.

 

 

Zurich, August 2022

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