General Terms and Conditions of Openair Frauenfeld

 

1 General provisions

  • Openair Frauenfeld is a festival organised by First Event AG, hereinafter referred to as the ‘Organiser’.
  • By purchasing an admission ticket to the festival, the purchaser accepts these General Terms and Conditions. Bearers of admission tickets not acquired through the ticket provider specified by the Organiser or who become bearers of admission tickets in any other way accept these General Terms and Conditions at the point that they take possession of their admission ticket.
  • The festival takes place outdoors, regardless of weather conditions.
  • Attendees must comply with instructions of the Organiser’s staff. Failure to comply with instructions will result in expulsion from the festival grounds without reimbursement of the purchase price of admission tickets. The Organiser reserves the right to take civil and criminal action.
  • The festival grounds consist of the following enclosed sub-sites: festival site, VIP zone, campsite and the car park. Attendees may access the festival grounds or individual sub-sites only with valid admission tickets for the access times published for the respective category on the Organiser’s website.
  • Festival attendees agree that as members of the audience they may be captured by video and/or audio recordings and that these recordings will be used and exploited commercially without compensation. Attendees expressly and irrevocably waive the assertion of their personal rights in this regard.
  • The festival is open only to attendees aged 16 and over. Attendees under the age of 16 must be accompanied by a guardian or carry signed consent from a guardian. The Organiser rejects all responsibility or liability in the event of infringement of this provision.

 

2 Programme

  • The Organiser has no influence over the form and content of the artists’ performances. The Organiser assumes no liability in this regard.
  • The Organiser reserves the right to amend the content and/or the programme of the festival at any time and without prior notice.

 

3 Noise emission

  • There may be a risk of damage to hearing or health due to the noise volume during concerts. Earplugs are issued at the entrances to the festival grounds and on site.
  • The Organiser rejects all responsibility for any damage to hearing or health.

 

4 Security

  • The Organiser’s security team will carry out security and entrance checks at all official entrances and on the festival grounds for the duration of the festival.
  • The security team will carry out random bag checks and body searches in consultation/cooperation with the local police authority.
  • The Organiser reserves the right to refuse admission to or expel attendees from the festival grounds with due cause. If the festival attendee is not at fault, the Organiser may reimburse the purchase price of the admission ticket at its own discretion. Due cause includes non-compliance with these General Terms and Conditions.

 

5 Entry to and conduct on the festival grounds

5.1 Traffic

  • Parking on the access roads and within the festival grounds (excluding the festival car park) is strictly prohibited.
  • Vehicles parked on the access roads or anywhere but the festival car park will be towed away without prior notice and at the expense of the owner. The vehicle owner is liable for costs and must pay expenses accrued from the moment the towing service is ordered.
  • Attendees park vehicles on the festival grounds at their own risk.
  • Where possible, they are advised to use public transport.

5.2 Admission

  • Admission tickets must be exchanged for wristbands at the Organiser’s official ticket offices and exchange points. The wristband is for personal use and cannot be transferred.
  • Everyone who enters the festival grounds (excluding the festival car park) must wear the wristband firmly sealed around their wrist before entering.
  • Damaged wristbands or those not worn tightly around the wrist do not entitle the attendee to make use of the Organiser’s services, and in particular cannot be used for admission, and are invalid.
  • Depending on the ribbon, the wristband entitles the bearer to enter the festival site, the campsite and the VIP zone during the period stated on the admission ticket.
  • Lost tickets, complimentary tickets and wristbands will generally not be replaced.
  • Anyone on the festival grounds (excluding the festival car park) without a properly attached bracelet will be expelled and reported.
  • The Organiser reserves the right to change admission times without prior notice. The Organiser assumes no liability for delays in admission.

5.3 Recordings

  • Image, audio, film and video recordings of artists performing at the festival are not allowed. Recordings for private use are generally permitted.
  • The commercial use and exploitation of image, sound, film or video recordings of artists performing at the festival, or festival attendees or the festival infrastructure, is not permitted.
  • Infringements will be prosecuted under civil and criminal law.

5.4 Other rules

  • The following objects and animals are not permitted on the festival grounds:
    • Parasols, umbrellas and flagpoles
    • All firearms, weapons used to spray, stab, strike or cut, and other objects classified as dangerous, particularly pocket knives
    • Digital or analogue SLR cameras with or without interchangeable lenses, film and video cameras and audio recording devices
    • Selfie and GoPro sticks, etc.
    • Drones and other flying devices, with or without camera
    • Rollerblades, skateboards, kickboards, rollerskates, bicycles, prams, etc.
    • Glass
    • Pyrotechnic objects, smoke bombs, dry ice
    • Straw (bales) and similar items
    • Household items, sofas, etc.
    • Animals
  • Three litres of drinks per person may be brought to the campsite in freely selectable units, but not to other sub-sites.
  • There is a simple deposit system for all types of tents. A deposit of CHF 20.00 is payable for all tents regardless of type – pavilion, igloo, military or other variants. This CHF 20.00 deposit will be refunded at the end of the festival on presentation of the tent (and the chip).
  • A deposit of CHF 2.00 will be charged for each drink purchased on the festival grounds. Refund of the deposit can be claimed from any bar or drink stand. Organised collection of deposits by individuals or organisations – even under the guise of ‘good causes’ – is prohibited without prior consultation with the Organiser. Infringement of this provision will result in expulsion from the festival grounds without refund of the purchase price of the admission ticket.
  • A stay at the enclosed campsite is permitted only with a festival ticket during the opening times communicated by the Organiser.
  • Overnight stays on the festival grounds from Sunday to Monday are generally prohibited.
  • No fires may be lit on the festival grounds without the Organiser’s permission.

 

6 Admission tickets

  • Admission tickets may be bought only through the ticket provider appointed by the Organiser.

6.1 No right to return or refund

  • There is absolutely no right to return of the admission ticket or to a claim for reimbursement of the purchase price of the ticket.
  • Festival visitors acknowledge in particular that changes in the festival line-up may occur at any time, even at short notice; this includes changes to performance times or failure of artists to appear. These and similar matters do not constitute a right to return the ticket or a claim for reimbursement of the purchase price of the ticket.

6.2 Resale of admission tickets

  • The purchase of tickets for resale is prohibited. The Organiser will carry out appropriate checks and may block admission tickets purchased for the purpose of resale and declare them invalid. The Organiser reserves the right to take civil and criminal action.

 

7 Liability

  • To the extent permitted by law, the Organiser assumes no liability for its own conduct or that of its assistants. In particular, the Organiser and its assistants are not liable for personal injury to festival attendees or damage to their property by third parties (e.g. stand operators).
  • The Organiser is not responsible for lost or stolen items. Found items will be handed over to the Frauenfeld lost and found office after the festival.

 

8 Final provisions

  • If the festival has to be cancelled or postponed due to force majeure (e.g. war, death or illness of a performer, storms, catastrophes, riots, the risk, warning or acts of terrorism, epidemic, pandemic, official ban or unintentional non-approval of the festival, etc.), no claim can be made for return of the admission ticket or a refund of the purchase price of the admission ticket; the admission ticket may be exchanged only for an admission ticket for the next edition of the festival. In exceptional cases, the Organiser can decide at its own discretion and on a case-by-case basis to instead refund the purchase price of the admission ticket, minus a handling fee of 10% of the purchase price (maximum handling fee CHF 50.00). No entitlement to this exists.
  • If the festival is interrupted or cancelled due to force majeure, there is no entitlement to return of the admission ticket, reimbursement of the purchase price of the admission ticket or exchange for the next edition of the festival. After the festival has commenced, any temporary interruption (e.g. due to bad weather) is considered an interruption of the festival. After the festival has commenced, any termination (e.g. due to an official ban) is considered a termination of the festival.
  • Changes to these General Terms and Conditions must be made in writing.
  • There are no ancillary agreements.
  • The Organiser reserves the right to change these General Terms and Conditions at any time. Changes are considered to be accepted unless they are challenged within 30 days of issuance.
  • These General Terms and Conditions are subject exclusively to Swiss law, with the exception of conflict-of-law rules and the Vienna Convention on Contracts for the Sale of Goods. The sole place of jurisdiction for any disputes arising from these General Terms and Conditions is Frauenfeld, Switzerland.

May 2020

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