Terms and conditions
Organizer:
Turn- und Sportvereinigung Rot-Weiß Auerbach 1881 e.V.
Registered with the Darmstadt Register of Associations under VR No. 20247
Office:
GGEW Sports Center of TSV Rot-Weiß Auerbach
Saarstrasse 56
64625 Bensheim
Phone: 06251 935 550
Fax: 06251 935 551
email: geschaeftsstelle@tsv-auerbach.org
In cooperation with:
ICheer GmbH
Berta-benz-Str. 108
64404 Bickenbach
Managing directors: Jurij Seitenzahl, Yannic Schmidt
Register court: Darmstadt Local Court
Register number: HRB 91101
Tax number: 007 236 00091
VAT ID: DE283383320
- Scope of application
These GTC govern the contractual conditions between ICheer GmbH and the customer and apply to all orders in the online store. Consumers in the sense of these GTC are all persons in the sense of § 13 BGB.
- Conclusion of contract
2.1 The operator of the Summer Stuntfest online store and contractual partner is ICheer GmbH, represented by the managing directors Jurij Seitenzahl and Yannic Schmidt, Berta-Benz-Str. 108, 64404 Bickenbach, Darmstadt Local Court HRB 91101, hereinafter referred to as “SSF-Shop”. ICheer GmbH is entrusted with the implementation and organization of the “Summer Stuntfest” event.
2.2 By clicking the button “Bestellung abschließen / Complete this order” in the last step of the ordering process, you place a binding order for the goods listed on the order overview page.
The purchase contract is concluded when we accept your order after receipt by sending a confirmation e-mail.
2.3 The ordering process is divided into the following steps:
When you have found the ticket you want, you can add it to your shopping cart via the quantity selection on the right without obligation. The “Next” button will take you to the next step.
Here you have the possibility to purchase an add-on to your ticket. You can also add this to your shopping cart via the number selection on the right without obligation.
In the following step you entered the data for invoicing your order. The “Next” button validates the data you have entered. Please fill in all fields marked in red after validation and correct them in case of validation errors.
If you want to buy the products in the shopping cart, click on the button of the payment method you want to choose. Registration or a customer account is not required.
By clicking the button “Complete purchase” you complete the ordering process. The process can be cancelled at any time by closing the browser window. By using the “back button” in the browser, you can jump back and forth between the individual steps of the ordering process and correct your entries. After receipt and subsequent verification of your order, you will receive a confirmation sent to the e-mail address specified in the ordering process. The purchase contract is only concluded with this confirmation.
Your recorded data will be transmitted encrypted. For further details on the subject of data protection, please refer to the following page: https://stuntfest.de/datenschutz/
2.4 The SSF Festival ticket is not personalized. The commercial or industrial sale of SSF festival tickets is only permitted through authorized dealers of ICheer GmbH. Festival tickets are sold exclusively to consumers and exclusively to enable them to attend the festival. The commercial resale of tickets purchased from us is prohibited.
The organizer reserves the right, in the case of organized orders, with the intention of commercial resale, not to ship the goods and to refund the amount paid.
2.5 Admission to the SSF Festival is granted only to persons 18 years of age or older. Exceptions are possible only in the company of an adult supervisor person with the appropriate form. Further details under point 9.1.
2.6 In the event of loss, destruction or theft of the event ticket or the admission band, no new ticket will be issued and no refund of the purchase price paid will be made.
- Right of withdrawal / Cancellation policy
3.1 Pursuant to § 312g para. 2 No. 9 BGB, a right of withdrawal does not exist, unless otherwise agreed, for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision. Accordingly, a right of revocation is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.
3.2. Insofar as ICheer GmbH offers so-called hotel packages as part of the Summer Stuntfest, which include other travel services in addition to the event ticket, such as accommodation or transfers in particular, these are package tours within the meaning of §§ 651a ff. of the German Civil Code (BGB).
There is also no right of withdrawal for such package tours in accordance with Sections 312g, 355 BGB. Instead, only the statutory rights of withdrawal pursuant to Section 651h BGB apply.
The customer may withdraw from the travel contract at any time before the start of the trip. In this case, ICheer GmbH may demand reasonable compensation. The amount of this compensation is based on the flat-rate cancellation costs (cancellation flat rates) regulated in these GTC in §12 – Hotel Packages.
- Retention of title
4.1. Until full payment, the goods remain our property.
- Prices and shipping costs
5.1 All prices stated in the SSF Shop are total prices and include the statutory value added tax.
5.2 All tickets and products shown are so-called “online products” and therefore do not include physical shipping. Tickets and products will be sent to the e-mail address specified in the ordering process after successful payment. There are no shipping costs for this.
- Terms & methods of payment
6.1 The total purchase price for all items is due for payment immediately upon receipt of the confirmation email. Orders that have not been paid for will be cancelled after a period of 14 days, without the customer being informed of this.
The following payment methods are available:
Paypal payment
Upon completion of the ordering process, you will be automatically redirected to the system of the payment service provider Paypal. For this payment method your Paypal credentials are required.
As soon as the payment has been credited to our account by the payment service provider Paypal, we will ship the goods to the specified e-mail address.
Canceling or not completing the payment process will result in the cancellation of your order.
Credit card payment
Upon completion of the ordering process, you have the option to pay for your order by credit card. A separate window of the payment service provider Stripe Inc. opens for this purpose. For this payment method you need their credit card information.
As soon as the payment is received from the payment service provider Stripe Inc. authorized and credited to our account, we will ship the goods to the specified e-mail address.
Canceling or not completing the payment process will result in the cancellation of your order.
- Access to the festival site
7.1. Admission to the festival area is only granted to participants who have a valid ticket and have reached the age of 18, or to minors in the presence of their guardian and accordingly completed minor form. See digit
7.2. At the first admission (check-in to the festival area), the ticket in printed or digital form and the valid identity card must be shown. The ticket will be exchanged for the festival ribbon. The festival wristband must be carried at all times while on the festival grounds.
7.3. We reserve the right to deny buyers access to the festival grounds for cause. Good cause shall include, but not be limited to, the carrying of prohibited objects as defined in section 7.1, an obviously heavily intoxicated condition of the participant, if the participant is obviously under the influence of drugs or has an obviously homophobic, sexist, racist or inhuman attitude. If there is an important reason for refusing admission, the participant’s ticket loses its validity; the ticket price will not be refunded.
7.4. We reserve the right to expel participants from the entire festival grounds who are found on the festival grounds without the appropriate legitimation in the form of the festival wristband mentioned in point 6.1. There is no right to a refund of the entrance fee.
7.5 We may order appropriate preventive measures, demand cooperation and/or prescribe rules of conduct, in particular to meet health-related requirements for the benefit of the participants and/or other parties involved. The organizer’s hygiene concept and the regulations of the Infection Protection Act as well as the ordinances resulting from the Infection Protection Act and applicable at the time of the event must be followed. If compliance with the instructions is refused, we may issue a ban from attending the event. We would like to point out that even if an appropriate protection and/or hygiene concept is fully implemented and all necessary hygiene measures are observed, infection with the coronavirus (SARS-CoV-2) and/or mutations thereof and/or other pathogens cannot be completely ruled out.
- Prohibited items/admission control
8.1. The following are prohibited on the entire festival grounds: Drugs and intoxicants, glass bottles of any kind or shape, glass bowl shishas, other glass containers, animals/pets, weapons of any kind, drones, flares, pyrotechnic items, laser pointers, gensets and car batteries, alcohol, gasoline or other flammable liquids, gas cartridges, dry ice, sparklers, sky lanterns, vuvuzelas, megaphones, commercial, political or religious items of any kind, including banners, signs, symbols or flyers, furniture and items identifiable as bulky waste, and hazardous items of any kind.
8.2. Security checks will be carried out at the entrance by the organizer’s security staff. The security personnel is authorized to carry out body and bag searches. The participant agrees to this. The instructions of the security personnel must be followed. We reserve the right to issue an immediate reprimand in the event of non-compliance.
8.3. Prohibited items must be disposed of prior to entry or stored by the participant outside the festival grounds. The organizer explicitly points out that there is no possibility to take items out of the disposal containers again. Prohibited items may not be placed in lockers. There is no right to a refund of the entrance fee.
- House rules/rules of conduct/photography and filming
9.1. The organizer or an authorized third party shall exercise domiciliary rights. The instructions of the organizer’s staff must be followed. In addition, special rules of conduct may apply to the individual areas of the Summer Stuntfest (e.g. the actual festival grounds, the campsites or the parking areas), which will be made known to the users of these areas, e.g. by means of notices, in good time before the areas are used.
9.2. In particular, participants are prohibited from: carrying prohibited objects as defined in section 7.1; exerting physical violence against other participants, the organizer’s staff or other third parties; throwing objects onto the stages, the organizer’s staff or other participants; urinating or defecating outside the toilets; entering areas and rooms that are not open to participants and climbing onto the stages, tents, trusses or similar; painting, spraying or soiling structural installations, walls, objects, etc.; engaging in commercial trading or advertising activities without the prior written consent of the organizer. to paint, spray or soil structural facilities, walls, objects, etc.; to engage in commercial trade, to carry out marketing campaigns or advertising measures without the prior written consent of the organizer. Advertising measures of any kind, i.e. advertising of a product, a service, a company or a brand, as well as the attachment of decorations and other objects are generally prohibited on the entire festival grounds. In case of violation, the action will be charged to the initiator. This is based on the value of a comparable sponsorship agreement. The organizer also reserves the right to claim further damages. To the extent possible, reverse all actions already taken.
9.3. Photography and filming for private use is permitted, provided that the personal rights of third parties are respected. Recordings may only be made with smartphones or comparable devices; the use of professional camera or audio equipment is prohibited without the written permission of the organizer. The participant agrees that photo, video and audio recordings may be made during the event and may be used by the organizer without restriction in terms of time, space and content. No claims against the organizer or the creator of the recordings shall arise from publication. If recordings are sent to the organizer or published online, the participant grants the organizer the right to publish and pass them on to third parties. The author waives the right to be named. Published content must be labeled as recordings of the Summer Stuntfest; in particular, it is prohibited to use titles such as “official” or “official aftermovie”.
9.4. Participants who violate or have violated the above rules of conduct may be expelled from the festival grounds by the organizer and banned from the premises. If a participant commits a criminal offense at Summer Stuntfest (e.g. trafficking in narcotics, assault, theft or sexual assault), the participant will be immediately ejected from the festival grounds without warning and the facts will be reported to law enforcement authorities.
9.4.1. If one of the aforementioned important reasons exists and the participant is expelled from the event location and the ticket loses its validity; the admission price will not be refunded. A participant who culpably violates these GTC or any rules of conduct made known to him in due time shall be obliged to compensate the organizer for any damage incurred by the organizer as a result.
- Protection of minors
10.1. The provisions of the Law for the Protection of Minors in Public apply to the entire festival area.
10.2. In deviation from the law for the protection of minors, entry to the festival grounds is only permitted to those 18 years of age or older, and children/youth under 18 years of age are only permitted entry when accompanied by an adult supervisor and with an appropriate completed form.
This form can be found on the Summer Stuntfest website(www.stuntfest.de) and must be completed, signed and brought to check-in.
One supervisor can supervise a maximum of 5 minors.
- Cancellation, interruption or modification of the event / force majeure
11.1. In the event of cancellation, termination or change in the implementation of the event due to events that are demonstrably beyond the control of the organizer, such as force majeure (in particular acts of terrorism, assassinations, threats of assassination, war, civil war or warlike events, strikes, lockouts, labor unrest, riots and/or civil commotion, severe weather, flooding, pandemics/epidemics) and/or in the event of an official cancellation due to the aforementioned or other events, the following section 10.2 shall apply.
11.2 In the event of cancellation, discontinuation or modification of the event in accordance with clause 10.1, the parties shall be released from their respective contractual obligations. The participant’s right to reimbursement shall be governed by the statutory provisions. Each party shall bear its own costs. Any claims for damages or reimbursement of expenses are excluded.
11.3 In the event that the festival is canceled due to an official order due to the Covid19 virus, section 10.2 shall apply accordingly. This also applies if the organizer, after considering all circumstances, comes to the conclusion that the festival must be cancelled due to the Covid19 virus, in particular due to a danger to life and limb of those involved in the festival or festival visitors, due to entry restrictions of those involved in the festival or festival visitors, or due to contract cancellations by third parties, such as subcontractors, for whom the organizer is unable to procure a replacement.
11.4 Cancellations or changes will be announced by the organizer as early as possible. The current notices and the instructions of the order personnel on site apply.
- Liability
12.1. The organizer is not liable for damaged, lost, stolen or otherwise lost items.
12.2. A claim for damages arising for a guest in the event of culpable breach of duty or on other legal grounds shall be limited in favor of the organizer to the extent that the latter is liable,
in the full amount of damage only in the event of gross negligence within the meaning of § 309 No. 7 b BGB (intent or gross negligence) on the part of the organizer, its organs or executive employees,b. on the merits in the event of any culpable breach of material contractual obligations, whereby material contractual obligations are understood to be those whose breach jeopardizes the achievement of the purpose of the contract,c. outside such obligations only for gross negligence within the meaning of § 309 No. 7 b BGB for vicarious agents. The organizer is liable in the following cases b. and c. only for compensation of the foreseeable damage typical for the contract.
12.3. The exclusions and limitations of liability regulated in cases a. to c. do not apply in the case of the assumption of a guarantee for the quality of an object within the meaning of § 444 BGB, in the case of fraudulent concealment of a defect, in the case of damages arising from injury to life, limb or health of a human being, insofar as the organizer is responsible for the breach of duty leading to this, as well as in the case of mandatory liability under the Product Liability Act or in the case of the assumption of procurement risk within the meaning of § 276 BGB. In this respect, it is clarified that the organizer bears the procurement risk only in the case of an express written agreement in the sense of an express strict liability.
12.4. The organizer does not guarantee the accuracy of the statements made by the order and service personnel as well as information in social media channels not directly authorized by him.
- Warranty
The legal warranty obligation applies.
Data protection and image and text rights
For details on our handling of data protection, please refer to the following page: https://stuntfest.de/datenschutz/
All image and text rights are held by ICheer GmbH or a partner. Use of these, without written and express consent is not permitted.
- Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes.
- Hotel packages
15.1. Scope of services
When booking a “hotel package”, ICheer GmbH provides the customer with a package tour within the meaning of §§ 651a ff. of the German Civil Code (BGB).
Depending on the booking, this includes in particular
the event ticket for the Summer Stuntfest,
accommodation in the booked hotel room for the specified period,
the catering services described in the offer,
as well as the organized shuttle transfers between the hotel and the event site.
The specific scope of services can be found in the respective booking confirmation.
15.2. Contractual partner
The tour operator within the meaning of package travel law is the:
ICheer GmbH
Berta-Benz-Str. 108
64404 Bickenbach
15.3. Withdrawal by the customer before the start of the trip (cancellation)
The customer may withdraw from the contract at any time before the start of the trip. Decisive is the receipt of the declaration of withdrawal by ICheer GmbH in text form.
In the event of withdrawal, ICheer GmbH is entitled to the following lump-sum compensation:
up to 38 days before the start of the trip:
0 % of the travel price
37 to 28 days before the start of the trip:
75 % of the travel price
27 to 14 days before the start of the trip:
80 % of the travel price
from 13 days before the start of the trip or in case of no-show:
100 % of the travel price
The customer reserves the right to prove that no or significantly less damage has been incurred.
15.4. Substitute
The customer may nominate a substitute person within a reasonable period of time before the start of the trip who will assume his or her rights and obligations under the travel contract, provided that this person fulfills the contractual travel requirements.
ICheer GmbH may charge a reasonable processing fee for this.
15.5. Changes in performance
Changes to individual travel services after conclusion of the contract are permitted, provided that:
they are not significant,
they do not impair the overall design of the trip,
and they occur for reasons that become necessary after conclusion of the contract and were not brought about by ICheer GmbH in bad faith.
The customer will be informed of this immediately.
15.6. Notice of defects
The traveler is obliged to report any defects immediately on site to the named contact person so that remedial action can be taken.
If the traveler culpably fails to report this, this may exclude claims for reduction or compensation.
Contact person for defects:
Yannic Schmidt – y.schmidt@icheer.de
15.7. Liability
The liability of ICheer GmbH is governed by the statutory provisions of §§ 651a ff. of the German Civil Code (BGB).
Liability for damages that are not physical injury and were not culpably caused is limited to three times the tour price, unless the damage was caused intentionally or through gross negligence.
