Testveranstaltung - Tour 2025

APACHE 207 - AGB-pT of PRK DreamHaus GmbH 

General Terms and Conditions of PRK DreamHaus GmbH
for personalized tickets

1. SCOPE
   1.1 These General Terms and Conditions (hereinafter: “GTC-pT”) apply to concerts organized by PRK DreamHaus GmbH, Kurfürstendamm 59, 10707 Berlin, Managing Directors: Matthias Schwarz, Klaus-Peter Matziol, Tobias Habla; Register Court: District Court of Berlin (Charlottenburg), HRB: 214221 (hereinafter: “PRK DreamHaus” or “We”) alone and/or jointly with local organizers, for which only personalized tickets are sold.
   1.2 Reference is made to the general terms and conditions of our authorized sales partners (hereinafter: "sales partners") who sell the tickets in our name and on our account (ZSL Betreibergesellschaft mbH, www.arena-ticket.com) as well as the general terms and conditions and house rules of the respective venue (hereinafter: "venue"). For more information, please refer to the websites of our sales partners and venues (hereinafter: "you" or "buyer"). In the event of any deviating provisions, these General Terms and Conditions of PRK DreamHaus take precedence, unless otherwise provided below.
   1.3 If you use your own general terms and conditions that differ from ours, these will not become part of the contract unless we have previously agreed to them in writing.
2. CONCLUSION OF THE CONTRACT
   2.1 In accordance with these T&Cs, a contract is concluded between you and us for attending the respective (concert) event. The contract is concluded via our sales partners (see 1.2). You undertake to purchase and use the tickets exclusively for private use. All tickets are personalized, i.e. the first and last name provided will be noted on the tickets during the purchase process via our sales partners (see section 1.2). During the purchase process, you will be asked to provide your
   First and last names. You are obliged to provide truthful information. If you purchase several tickets (hereinafter: “additional tickets”), the obligation to provide truthful information also extends to the first and last names of the other persons (hereinafter: “additional persons”) to whom the tickets are to be issued. You are obliged, together with the
   additional tickets to the other persons. The assumption of the rights and obligations according to these General Terms and Conditions by the other persons takes place upon receipt of the additional tickets. The other persons receive their own right to attend the concert in accordance with these General Terms and Conditions (contract for the benefit of third parties within the meaning of Section 328 of the German Civil Code). Reference is made to the regulations for the personalized tickets in accordance with Section 3.
   2.2 Upon conclusion of the contract, the ticket purchase price, which consists of the basic ticket price, advance booking fee, system fee and other fees, each including statutory VAT (hereinafter "ticket purchase price"), is due for immediate payment. PRK DreamHaus is entitled to the full ticket purchase price. Our sales partners may also charge additional fees in their own name.
   2.3 The tickets remain our property until the full purchase price has been paid and do not entitle the holder to entry.
   2.4 When the ticket is handed over to the shipping company, the risk of accidental loss passes to the buyer. In the event of subsequent loss, the ticket purchase price will not be refunded and replacement tickets will not be issued.
   2.5 Each ticket entitles only one person to entry. The ticket loses its validity when the event is left or once activated (online tickets). Multiple use of the ticket is expressly prohibited.
   2.6. Based on our experience with the SARS-CoV2 pandemic, we cannot guarantee that the event will take place on the planned date and in the planned venue. We therefore reserve the right to cancel or postpone the event. Please refer to Sections 5 and 7.
3. PERSONALIZED TICKETS
   3.1 The reason for the personalization of all tickets and the associated restrictions (see section 3.3 ff.) are
   - the interest in maintaining a social price structure,
   - Ensuring the safety of visitors in every respect, including the detection and prevention of risks posed by epidemics and pandemics, such as SARS-CoV2 (including mutants and variants) and the protection of the health of all event participants,
   - avoiding the resale of tickets at inflated prices (secondary market or black market trading) and
   - avoiding any damage to the artist's reputation.
   3.2 For the reasons stated in section 3.1, ticket purchases per person are limited to a maximum of 6 tickets per concert.
   3.3 Only the person named on the respective ticket has the right to request entry to the event (see section 2.1). The match will be checked at the entrance. Proof of the match is provided by presenting the personalized ticket and a valid passport, identity card, driver's license, credit card or debit card. The ticket is no longer valid if the ticket is returned (see section 3.6).
   3.4 We reserve the right to refuse admission to the event to ticket holders who cannot prove in accordance with Section 3.3 that they have acquired a right to attend in accordance with Section 2.1, in particular by blocking the ticket and/or withdrawing from the contract.
   This applies in particular if, contrary to clause 2.1
   - the first and last names of other persons are not truthfully stated during the purchase process (e.g. multiple mentions of a single name, mention of placeholders, mention of persons who do not actually exist),
   - the rights and obligations under these T&Cs have not been assumed by the other persons and/or and/or if contrary to clause 3.3.
   - if a check of the match reveals that the person requesting entry using the ticket is not the same person for whom the ticket was personalized in accordance with section 2.1.
   3.5 The sale of tickets to commercial dealers, platforms and persons acting on their behalf is prohibited, as is the passing on of tickets.
   The above applies in particular to distribution via the secondary and black market, internet auctions, internet marketplaces, etc. If one and/or more of the above prohibitions are violated, we are entitled to withdraw from the contract and/or block the tickets and refuse the ticket holder access to the event. In the event of a violation, we also expressly reserve the right to cancel your orders for other events at any time up to the start of the respective event at the latest. In the event that you and/or the other persons are unable to attend, section 3.6 applies.
   3.6 In the event of an event being prevented from attending (e.g. illness, other reasons for not being able to attend, etc.), you and the other people can return the tickets and other tickets before and on the day of the event in accordance with the following conditions: The personalized tickets can be returned provided that the tickets that become available are actually sold via the platforms of our authorized sales partners through which the respective tickets were purchased (e.g. www.fansale.de for tickets purchased via www.eventim.de). No guarantee is given for this. By using this return option, we are offered the return of the ticket(s) and are permitted to offer the ticket(s) that become available for sale again in our name and on our account. The offer to return the ticket(s) will only be accepted by us when it is resold. The ticket will be offered for sale in our name and on our account. The respective user (e.g. you, the other people) determines the price at which the ticket(s) that become available should be sold, whereby
   the price is limited to the maximum ticket purchase price. The respective user can withdraw their offer at any time as long as the tickets have not yet been sold. The respective user will be informed as soon as the vacant ticket(s) are sold. The tickets will be blocked so that they no longer entitle the holder to entry. A new ticket will be generated for the purchaser. The purchaser pays a fee of EUR 10.00. After the sale, the amount of the purchase price will be credited to the bank or credit card account of the respective user who posted the ticket(s). The option of return is only available to private individuals who have acquired the right to attend the concert in accordance with these T&Cs and are unable to attend the concert for the reasons stated under section 3.6. The above rules apply to the return of tickets purchased via www.eventim.de. If you have purchased your tickets through other sales partners (e.g. via www.arena-ticket.com), the rules for returning tickets available there apply and take precedence over section 3.6 (section 1.2 does not apply in this respect).
   Any misuse, in particular the use by persons who, privately or as commercial traders, have passed on the tickets themselves and/or through third parties via the secondary and black market, internet auctions, internet marketplaces, etc. in any form whatsoever in violation of these T&Cs, is prohibited. In the event of a violation of this prohibition, we are entitled to withdraw from the visitor contract and/or block the tickets and refuse the ticket holder access to the event.
   3.7 If the tickets are returned in accordance with section 3.6, they no longer entitle the holder to entry. If and to the extent that the ticket(s) that become available are not returned in accordance with section 3.6, the tickets will not be blocked and will continue to entitle the holder to entry in accordance with the T&Cs. Passing them on to and/or via third parties is still not permitted (see section 3.5).
4. ACCESS AUTHORIZATIONS AND RESTRICTIONS
   4.1 Children under 6 years of age are not permitted to enter. An authorized third party may not purchase or co-purchase a ticket for children under 6 years of age. Children between 6 and 14 years of age may only attend concerts if accompanied by a person with parental responsibility who also has a ticket. The person with parental responsibility must supervise the child throughout the entire event. Young people between 14 and 16 years of age are only permitted to attend concerts until midnight without being accompanied by a person with parental responsibility if they have written permission from their parents. The corresponding written permission must be presented upon entry. Young people between 14 and 16 years of age are also only permitted to enter if they can identify themselves with a valid child or student ID card. Young people aged 16 and over are not permitted to attend concerts and musical performances after midnight without being accompanied by a person with parental responsibility.
   approved. Parents are usually the ones with custody, not persons responsible for raising the child (e.g. older friends). The aforementioned
   Rules apply exclusively to concerts and not to any dance events. The legal provisions of the Youth Protection Act (JuSchG) apply.
   4.2 Carrying
   - Weapons of any kind, in particular firearms, cutting weapons, stabbing weapons and other weapons
   - Tools of any kind, especially screwdrivers, saws, axes, hatchets,
   hammers, (pocket) knives and other tools
   - Pyrotechnic articles of any kind, especially flares,
   Fireworks, sparklers and other pyrotechnic
   objects
   - Objects that can be used as projectiles, in particular
   bottles, cans and other items
   - flashlights, laser pointers, backpacks, bags, umbrellas
   at the event is prohibited.
   Handbags with a maximum size of 21 x 30 cm (DIN A4) are permitted.
   4.3 In case of violations of clause 4.1 or clause 4.2, PRK DreamHaus is entitled to
   to refuse entry or to subsequently exclude the buyer from the event
   The ticket purchase price will not be refunded. Cancellations
   are not carried out.
5. CANCELLATION, POSTPONEMENT AND RESTRICTION OF THE EVENT
   5.1 We reserve the right to postpone or cancel the event in advance for reasons beyond our control (e.g. due to force majeure, illness of the artist, etc.).
   5.2 If we postpone the event in accordance with section 5.1, the tickets will remain valid. We will reschedule the event as soon as possible and reasonable and intend not to exceed a period of 24 months from the original event date. The length of the period depends largely on when the reasons stated in section 5.1 no longer apply and the event can be held again, taking particular account of the availability of the artists and the venues. We or our sales partner will inform you of the date of the postponed event as soon as possible. If, in an individual case, it is demonstrably unreasonable for you to postpone the event given your personal circumstances (e.g. because you have already booked a vacation on the new event date), the basic ticket price including statutory VAT (see section 2.2) will be refunded, provided that you send us appropriate evidence and that the original ticket is received by the sales partner through whom you purchased the ticket. If the relevant proof is not sent or if the original ticket is not received by the sales partner for whatever reason, there is no right to a refund.
   5.3 If we cancel the event in accordance with section 5.1, the ticket becomes invalid and no longer entitles you to entry. In this case, you are entitled to a refund of the basic ticket price including statutory VAT (see section 2.2). The claim must be made to our sales partner from whom you purchased the ticket within 30 days of the cancelled event date at the latest. If you are unable to meet the deadline for reasons beyond your control, you must provide evidence of this by submitting receipts. If this is not done, the claim is void.
   5.4 Any further claims, in particular claims for reimbursement, do not exist and are hereby expressly excluded. Fees paid (e.g. advance booking fee and system fee, section 2.2) will not be refunded. We will offset any claim for reimbursement of fees against our claim for compensation, which is equal to the amount of the services already provided (e.g. brokerage services, use of the ticket system, etc.). Travel and accommodation costs of any kind will also not be refunded.
   5.5 For specific processing in the event of a postponement or cancellation in accordance with section 5, please also note the instructions from our sales partner from whom you purchased the ticket.
   5.6 The above provisions do not affect in any way the rights to which you are entitled in the event of a breach of duty for which we are responsible. In addition, please take into account the provisions in section 6.
   5.7 Cases of the COVID-19 pandemic and similar infectious diseases are excluded from sections 5.1 - 5.6 and are covered exclusively by section 7.
6. LIABILITY OF PRK DREAMHAUS
   6.1 Claims by the buyer for damages are excluded. Excluded from this are claims for damages by the buyer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty on our part, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
   6.2 In the event of a breach of essential contractual obligations, we shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the buyer has claims for damages resulting from injury to life, body or health.
   6.3 The restrictions in clauses 6.1 and 6.2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.
   6.4 The liability limitations arising from clauses 6.1 and 6.2 do not apply if we have fraudulently concealed a defect or provided a guarantee for the quality of the item. The same applies if we and you have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.7. MEASURES RELATING TO THE COVID-19 PANDEMIC AND SIMILAR
   CONTAGIOUS DISEASES
   7.1. Safety and health checks upon entry/exclusion from the event
   7.1.1 With regard to the COVID-19 pandemic and similar infectious diseases, PRK DreamHaus reserves the right to request, to an appropriate extent, the transmission or disclosure of personal data for infection prevention and contact tracing, proof of the implementation of appropriate infection protection measures (tests and/or proof of immunization) and cooperation in appropriate
   to require health checks (e.g. temperature measurements).
   7.1.2 PRK DreamHaus is entitled to refuse entry to the event and to prevent the buyer from remaining on the
   Event site if the buyer:
   a. necessary personal data, in particular health data (first and last name, address, telephone number or
   e-mail address, declarations on health status and stay in risk areas) before arrival and before the start of the event, whereby PRK DreamHaus is entitled in particular - in compliance with the statutory regulations, in particular data protection law - to transmit this data to the competent authorities (e.g. health authorities), or
   b. no proof of implementation of necessary infection control measures, such as a current negative test for the
   Coronavirus, which must not be older than 24 hours, or appropriate proof of immunization (proof of complete vaccination or a completely cured infection with the coronavirus including any necessary booster vaccinations) or, if applicable, both (i.e. negative
   test result and proof of immunization), or
   c. has been infected with the coronavirus in the last two weeks before the start of the event, has had contact with an infected person or has been in a risk or virus variant area and cannot prove that they have taken the measures required by law or the authorities or otherwise required for
   has complied with the necessary measures for infection prevention (e.g. quarantine, testing),
   d. increased body temperature, respiratory symptoms, impaired sense of smell and taste or other typical signs of
   infection with the coronavirus, which would reasonably indicate that the buyer poses a health risk, or
   e. refuses to have his body temperature measured or to participate in other appropriate health checks, provided that the refusal of entry or exclusion from the event site is not disproportionate in the individual case and the
   Measures under letters a. to e. above appear appropriate according to the forecast to be made by PRK DreamHaus in view of the health risks posed by the COVID-19 pandemic.
   7.1.3 If PRK DreamHaus exercises its right of exclusion, the admission ticket loses its validity. Any claim for re-entry or for a refund of the purchase price is excluded.
   7.2. Prevention measures and instructions during the event
   7.2.1 PRK DreamHaus may order further appropriate preventive measures, demand cooperation and establish rules of conduct
   particularly to meet health-related needs. For example, PRK DreamHaus may order:
   a. Wearing medical mouth and nose coverings (e.g. FFP2 masks) in front of and on the event site;
   b. Compliance with hygiene rules (distance requirements, disinfection measures, etc.) and following a protection and/or hygiene concept;
   c. Participation in testing and safety measures, e.g. measuring body temperature or participating in rapid tests to detect or
   Exclusion of infectious diseases (e.g. SARS-CoV-2 virus
   including mutated forms of the virus); d. Submission of other supporting documents and evidence which are useful and appropriate to promote safety or health-related aspects.
   7.2.2 Buyers must comply with the orders of PRK DreamHaus and the relevant instructions of the security service. PRK DreamHaus can make attendance at the event or remaining on the event site dependent on compliance with its orders and instructions. If PRK DreamHaus exercises its right of exclusion, the provisions of section 7.1.3 apply.
   7.3. Existence of infection risks
   PRK DreamHaus points out that even with the full implementation of an appropriate protection and hygiene concept and compliance with all required hygiene measures, infection of the buyer with the coronavirus (SARS-CoV-2) or other pathogens cannot be completely ruled out.
   7.4. Cancellation / rescheduling / reduction of the number of participants
   7.4.1 If the event is cancelled, abandoned or postponed due to circumstances for which PRK DreamHaus is not responsible and which are not covered by Section 5 (e.g. restrictions due to Covid-19 including mutations and similar infectious diseases), PRK DreamHaus will cancel or postpone the event. In the event of cancellation, Sections 5.3 - 5.6 apply accordingly. In the event of postponement, the tickets remain valid.
   7.4.2 If, after the start of advance ticket sales, the maximum number of visitors has to be limited due to the COVID-19 pandemic or a similarly contagious disease and the number of tickets sold exceeds the then permitted number of visitors, PRK DreamHaus is entitled to cancel tickets to the extent necessary. The same applies to tickets that entitle visitors to visit special areas (e.g. backstage area). In addition, in this case PRK DreamHaus is entitled to reserve seats to the extent necessary.
   to redistribute within the same price category, for example to maintain the necessary distances between visitors, as well as – at no extra charge – to assign the buyer a seat in a higher price category or to convert standing places into seats.
   The allocation of seats in a lower price category and the conversion of seats into standing places are only possible against reimbursement of the price difference; in this case, the buyer is entitled to withdraw from the contract within a reasonable period of time to be set by PRK DreamHaus after receipt of the notification of this allocation or conversion, which PRK DreamHaus will expressly point out in the notification. PRK DreamHaus will use an appropriate, transparent and non-discriminatory procedure to determine which tickets will be cancelled or converted and how any redistribution of tickets will take place.
   For cancelled tickets, the purchaser will receive a refund of the ticket price printed on the ticket or, at the discretion of PRK DreamHaus, a
   corresponding voucher if PRK DreamHaus is legally entitled to issue vouchers in this case. There are no further claims for compensation or reimbursement of expenses (e.g. in relation to cancellation costs for travel or hotel bookings). In addition, the liability exclusions and limitations of these General Terms and Conditions apply (see Section 6).
7. SOUND, PHOTO AND FILM RECORDINGS
   8.1 Tape recorders, film, photo or video cameras may not be carried or operated at the event. Mobile phones, tablets and similar devices with a recording function may be carried but may not be used for the purposes of sound, photo and/or film recordings.
   8.2 The making of sound, photo and/or film recordings in the venue is generally prohibited. In the event of a violation, they are
   obliged to delete the audio, photo and/or film recordings immediately and irrevocably. Films and recording materials of any kind on which parts of the event are recorded may be confiscated by us and stored until the end of the event. They will be returned to the owner if the owner has agreed to the prior deletion of the recording. We expressly reserve the right to exclude you from the event in the event of a violation; in this case, Section 4.3 applies accordingly.
   8.3 Any evaluation, in particular the distribution and public accessibility (e.g. on the Internet, via social media, etc.) of contrary
   Any sound, photo or film recordings made pursuant to section 8.2 are prohibited.
   8.4 By purchasing the ticket, you consent to us, ourselves and/or through third parties, making sound/photo and film recordings of any kind (e.g. radio/television/streaming recordings, etc.) during the events, in particular those that depict you recognizably and individually, and to exploit these ourselves and/or through third parties in any form without any time, place or content restrictions, in particular (but not exclusively) reproducing, distributing, making publicly available, broadcasting, etc. the recordings ourselves and/or through third parties. Your consent is expressly given without any right to compensation.
8. NO RIGHT OF WITHDRAWAL
   We offer services in the area of leisure events, i.e. tickets for events/concerts. Therefore, this is not a distance selling contract according to Section 312g Paragraph 2 No. 9 of the German Civil Code (BGB). This means that there is no two-week right of cancellation or return. Every order for tickets is therefore binding immediately after confirmation by our sales partners and obliges you to accept and pay for the tickets ordered.
9. DISPUTE RESOLUTION
   10.1 Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.
   10.2 Information on dispute resolution procedures before consumer arbitration boards (Section 36 VSBG): PRK DreamHaus GmbH, Kurfürstendamm 59, 10707 Berlin, Managing Directors: Matthias Schwarz, Klaus-Peter Matziol and Tobias Habla is not willing and not obliged to participate in dispute resolution procedures before a consumer arbitration board.
10. APPLICABLE LAW, DATA PROTECTION, JURISDICTION
    11.1 The contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions
    in particular the state in which the buyer as a consumer has his habitual residence, remain unaffected.
    11.2 Even if individual points are legally invalid, the remaining parts of the contract remain binding. The invalid points will be replaced by the statutory provisions, if applicable. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid as a whole.
    11.3 All transmitted data will be processed in compliance with the relevant
    Data protection regulations. The data protection regulations of PRK DreamHaus can be found at https://www.prkdreamhaus.com/legal/datenschutz. The data protection regulations of our sales partners also apply.
    11.4 The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions is – to the extent permitted by law – Berlin.
    Status: October 6, 2024