General Terms and Conditions

Terms and conditions for Fusion Festival 2021

These General Terms and Conditions regulate the relationship between Kulturkosmos Müritz e.V., Am Flugplatz 1, 17248 Lärz (hereinafter referred to as "Kulturkosmos") and registered prospective buyers or buyers of tickets for the Fusion Festival organised by Kulturkosmos.


1. Raffle of ticket buying options

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1.1 Kulturkosmos does not sell tickets for the Fusion Festival directly, but raffles off ticket buying options among registered potential buyers. These ticket buying options are personalized and not transferable to other persons.

1.2 Prospective buyers must place an order via the Fusion Festival website, providing a valid e-mail address, a billing address, and the name and address of the participating person, and thereby register for the raffle. By submitting the order, prospective buyers make a binding offer to conclude the purchase contract.The registration period will be published on the website and in the e-mail newsletter. Prospective buyers may only register once for a Fusion ticket under their own name. Registrations for both festival dates 2021 are considered multiple registrations. Registrations for third parties require their consent and multiple registrations should be avoided. Multiple registrations and false information will result in the exclusion of the prospective buyer and the blocking of any tickets purchased as a result. This offer is made by accepting these General Terms and Conditions, the Data Protection Regulation and by clicking the button "Place binding order". The registration or the placing of an order does not entitle the customer to purchase a ticket. Legal action is excluded in this respect.

1.3 Kulturkosmos will draw the ticket buying options at random among all registered prospective buyers. As soon as Kulturkosmos is able to do so, the dates for the upcoming raffles will be published on the website and in the personal order overview.

1.4 The winners of a ticket buying option will be informed immediately in their personal order overview about the outcome of the raffle. For some raffles, winners can optionally be notified by SMS. This option must be activated accordingly in each personal order overview.


2. Purchase of a ticket, conclusion of contract

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2.1 The notification of the winning of a purchase option, with which the the ticket price, rubbish deposit, possible fees and the total price including VAT is again communicated, the order is approved and the prospective buyer's offer is accepted by Kulturkosmos.

2.2 All buyers will then find in their personal order overview the payment information such as order number, ticket price, trash deposit, any applicable fees, total price including VAT and the bank account information of Kulturkosmos. The total price of the order including VAT is due upon conclusion of the contract and must be received in full by Kulturkosmos within the payment period indicated in the personal order overview. Payment is made by bank transfer to the account of Kulturkosmos or by any other method of payment indicated in the personal order overview. When paying, the order number must be indicated in the transfer description field so that Kulturkosmos can assign the payment to the appropriate personal order overview.

2.3 The purchase contract is concluded under the resolutory conditions that the amount owed is not received by Kulturkosmos in due time and/or is incomplete and/or the payment cannot be assigned to any winner(s) due to failure to provide the correct order number. Thus, if payment is not made on time, not in full, or if the payment cannot be assigned to Kulturkosmos, e.g. because the order number is not given in the transfer description field, the purchase contract is automatically considered invalid.

2.4 In certain cases, the Kulturkosmos will issue a ticket authorization which entitles the person named on it to buy a ticket at a Fusion "Botschaft" at the festival entrances. The persons concerned will be informed about this in their personal order overview after winning a raffle. In these cases, the purchase price must be paid in cash upon presentation of the corresponding ticket authorization at the Fusion "Botschaft". These ticket authorization are personalized, non-transferable and can only be redeemed by the person named on them in conjunction with a valid proof of identity.


3. Special regulations for ticket holders for the Fusion Festival-2020

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3.1 Holders of a Fusion Festival 2020 ticket have been offered the opportunity to convert their existing ticket into a Fusion Festival 2021 ticket. Due to the Covid19 pandemic, the 2021 festival cannot take place as a catch-up or replacement festival, instead it will be held with a similar character but a different structure. The number of visitors has to be halved and thus split between two festival dates and the ticket price has to be increased.

3.2 In the notification of the change of the ticket from 2020 to 2021, Kulturkosmos offers to conclude a purchase contract for the purchase of a festival ticket for the year 2021 by crediting the total price already paid for the festival ticket 2020. Acceptance of this offer is made by the ticket holder(s) by agreeing to these General Terms and Conditions, selecting a festival date 2021 and a binding agreement to the surcharge by clicking the button "place binding order", within the acceptance period specified by Kulturkosmos in the notification (1 to 14 November 2020).

3.3 Ticket holders of a 2020 ticket may convert their ticket into a Fusion 2021 ticket within the aforementioned acceptance period. Each person must actively indicate in their own personal order overview whether they agree with these updated General Terms and Conditions, the Data Protection Regulations and with the required surcharge as well as the festival date selection. All payment information such as order number, trash deposit, possible fees, total price incl. VAT, payment already made and the amount of the additional payment as well as the possible payment methods are listed in the personal order overview. The surcharge for the order including VAT is due upon conclusion of the contract and must be received in full by Kulturkosmos within the payment period indicated in the personal order overview. When paying the amount owed, it is imperative that the order number for the ticket conversion is indicated in the transfer description field so that Kulturkosmos can assign the payment to the appropriate personal order overview.

3.4 The existing purchase contract is concluded under the resolutory conditions that the amount owed is not received by Kulturkosmos in due time and/or is incomplete and/or the payment cannot be assigned to any ticket holder(s) due to the lack of the correct order number. Thus, if payment is not made on time, not in full, or if the payment cannot be assigned to Kulturkosmos, e.g. because the order number is not given in the transfer description field, the purchase contract is automatically considered invalid. Consequently, the payment already made for the 2020 ticket will be fully refunded within 7 working days.

3.5 Alternatively, if a conversion is not desired, the ticket holder(s) can actively cancel by November 14, 2020, and demand a refund of the payment already made for the Fusion Festival Ticket 2020 - optionally minus 10,-€ donation for the Kulturkosmos. This is done in the personal order overview, after login and before confirming the new GTC's and festival date selection.

3.6 In individual cases, the Kulturkosmos issues a ticket authorization to holders of a Fusion Festival Ticket 2020, which entitles the person named on it to pay the additional payment for the 2021 ticket at a Fusion "Botschaft" at the festival entrances. The persons concerned will be informed of the change of the ticket from 2020 to 2021 by e-mail at the beginning of the conversion period and must log in to their personal order overview. This offer is accepted by the ticket holder(s) accepting these General Terms and Conditions, selecting a festival date and bindingly agreeing to the new ticket price, within the acceptance period specified by Kulturkosmos. In these cases, the additional payment for the order including VAT must be paid in cash upon presentation of the corresponding ticket authorization at the Fusion "Botschaft". These ticket authorization are personalized, non-transferable and can only be redeemed by the person named on them in conjunction with a valid proof of identity.


4. Delivery of the tickets/loss of a ticket

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4.1 The tickets and any ticket authorizations will be made available for download in their personal order overview at least 14 days before the respective festival starts. The date of availability of the tickets will be shown in each personal order overview. Each downloaded ticket can be printed out or saved. Already downloaded tickets can be invalidated by cancellation or sale via the Ticket Swap Shop.

4.2 In case of loss or theft, the Kulturkosmos can invalidate a ticket and issue a new one.


5. Personalization of tickets, cancellation and return of a ticket

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5.1 Tickets for the Fusion Festival are issued in a personalized manner, i.e. they are allocated to the holder(s) by the holder(s) name on the ticket, which is the same name given at the registration by the holder(s).
The ticket holder(s) must be able to identify themselves accordingly at the entrance by presenting a valid proof of identity. A right to attend the event exists only for a person who has purchased the ticket in accordance with these General Terms and Conditions and whose name has been indicated on the ticket by Kulturkosmos.

5.2 A buyer cannot transfer his/her rights and obligations under the contract with Kulturkosmos (and thus also the right to demand admission to the event), nor can he/she transfer the ticket itself to a third party. This serves in particular to ensure fairness in the allocation of the tickets and to prevent the resale of the tickets at excessive prices.

5.3 However, a purchaser may independently cancel the purchased Ticket(s) online in the personal order overview at any time between January 7, and March 31, 2021, (cancellation period). The cancellation period and the cancellation fee will be displayed in the personal order overview. In this case Kulturkosmos will refund the ticket price and the trash deposit. In case of cancellation the cancellation fee shown in the personal order overview will be charged. This will be deducted from the amount to be refunded by Kulturkosmos at the time of refund.

5.4 In addition, from May 1, 2021, the ticket holder(s) will have the opportunity to offer their tickets for the year 2021 for sale in the online Ticket Swap Shop of Kulturkosmos. The process of sale and purchase will be handled exclusively by Kulturkosmos within the framework of the online Ticket Swap Shop, so that a new and valid, personalized ticket can be created. The online Ticket Swap Shop, including the General Terms and Conditions applicable to it, can be accessed via the Kulturkosmos website from May 1, 2021, at the latest.

5.5 Processing time and refunds: The follow-up and refund of cancelled tickets will be completed three months after the end of the festival. Incorrectly transmitted bank account details must be submitted correctly by this time. Later remittances are not possible.

5.6 A right of revocation according to § 312 g para. 1 BGB in conjunction with § 355 BGB the buyer is not entitled to a right of revocation according to § 312 g Abs. 2 Nr. 9 BGB.


6. Reservation of withdrawal in case of violation of the GTC's

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In case of a violation of the general terms and conditions by a ticket buyer, Kulturkosmos reserves the right to withdraw from ticket sales even after receipt of payment. In this case the tickets will be blocked and the respective ticket holder(s) will be denied access to the festival. Further rights of the Kulturkosmos, especially the right to compensation, remain unaffected.


7. Festival entry

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Admission to the festival site is only permitted with a valid ticket or an undamaged festival wristband (also called a wristband). The e-ticket will be exchanged at the first entry for a hard paper ticket, which is required for the trash deposit, and a wristband. When leaving the fenced festival area, re-entry is only possible if the person can show an undamaged and properly sealed wristband. Kulturkosmos reserves the right to report persons with fake wristbands to the police and to prosecute them legally.


8. Domestic authority

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The Kulturkosmos exercises domestic authority rights on the festival grounds. The instructions of Kulturkosmos or third parties commissioned by Kulturkosmos must therefore be followed immediately. Any violation of the instructions may result in a reprimand. Visitors may be expelled from the festival site if they disturb the Fusion Festival or harass other visitors. In particular, statements and actions that are racist, discriminatory, glorify violence and/or are illegal are prohibited. Likewise, admission will be denied if the law for the protection of minors is violated, if the rules for the protection against infection and/or a valid hygiene plan are disregarded or if prohibited items are carried along. The ticket price will not be refunded in these cases.


9. Miscellaneous

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9.1 Entering the festival site is at your own risk and to the exclusion of any liability for damage to property, unless the organiser is responsible for the damage through intent or gross negligence or it is an essential contractual obligation.

9.2 The Fusion-Festival is generally held in all weather conditions. However, if the weather conditions pose a danger to life, limb or health for visitors, artists or crews, the Fusion Festival will be immediately cancelled or temporarily suspended. There is no right to compensation or reimbursement should the festival be cancelled due to weather conditions or other reasons of force majeure or due to official or court orders, unless Kulturkosmos can be accused of intent or gross negligence.

9.3 Film, photo and sound recordings are permitted on the entire festival site for private use only. Anyone who makes film, photo or sound recordings for public media (radio, television, internet) or commercial purposes, or who distributes, sells or publishes them publicly, violates our applicable General Terms and Conditions and must expect consequences both on site (e.g. leaving the festival site immediately) and afterwards. We expressly reserve the right to take legal action in the event of infringements of our general terms and conditions .

9.4 The Kulturkosmos reserves the right to announce measures to prevent infection at short notice before or during the events, which must be followed without fail.

9.5 German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.