GENERAL TERMS AND CONDITIONS OF BAYREUTHER FESTSPIELE GMBH FOR THE ONLINE PROGRAMME SHOP (“eProgrammes”)
1. Scope of Application
1.1. These General Terms and Conditions govern the legal relationship between Bayreuther Festspiele GmbH (hereinafter: BF) and the acquirer (hereinafter: Purchaser) of digital programmes for the works of Richard Wagner performed at the Bayreuth Festival 2021 (hereinafter: eProgramme/s).
1.2. These General Terms and Conditions are considered to be agreed upon conclusion of a contract for right of use with respect to the eProgramme/s.
2. User Fee
2.1. eProgrammes can be purchased for the works of Richard Wagner as they appear on the Bayreuth Festival 2021 list of performances. The respective user fees can be found in the shop’s online catalogue.
2.2. Concessions do not apply. BF reserves the right to offer discounts and similar promotions.
2.3. Programmes, eProgrammes and other services are not included in the ticket price.
2.4. The user fee includes the value added tax of the respective country which the Purchaser designates as their billing address.
3. Receipt of Invoice and Terms of Payment
3.1. For purchases of eProgrammes via the online programme shop, invoices will only be provided electronically within the meaning of Section 14, Paragraph 1, Sentences 7 and 8 of the German Value Added Tax Act (Umsatzsteuergesetz). Invoices will not be sent in paper form. The invoice will be sent via email upon completion of the order.
3.2. Payments are to be made immediately upon request after completion of the order, and are to be made only in EUR only.
3.3. The following payment options are available for the payment of eProgramme user fees:
- Direct payment via credit card: VISA, MasterCard and American Express
- Direct payment via PayPal
4. General Conditions of Purchase
4.1. The Purchaser must be of full legal age and have unlimited legal capacity.
4.2. It is not necessary (or possible) to set up a customer account when purchasing eProgrammes. It is not possible to purchase eProgrammes via a customer account, as is required for the purchase of online admission tickets to the Bayreuth Festival. The purchase of eProgrammes is done exclusively as a “guest order”, which requires the provision of an invoice address and an email address. If a business email address is provided, the Purchaser themselves shall ensure that private use of that email address is permitted for the purpose of further processing and handling of the purchase.
4.3. With the acceptance of the offer submitted by the Purchaser pursuant to Clause 5.5, a contract is concluded between the Purchaser and BF, on the basis of which the Purchaser acquires the right to use the eProgramme/s they have purchased (licence agreement).
5. Online Purchase of eProgrammes
5.1. eProgrammes can only be purchased from the Bayreuth Festival’s online programme shop at https://programmhefte.bayreuther-festspiele.de in accordance with the provisions of these General Terms and Conditions.
5.2. The presentation of eProgrammes in the Bayreuth Festival’s programme shop constitutes a non-binding online catalogue, not a legally binding offer, within the meaning of Sections 145 ff of the German Civil Code (BGB).
5.3. After the Purchaser has made their selection by clicking on the “Add to Basket” button, the selected eProgramme/s together with the respective user fees and the total amount are displayed with the shopping basket. The Purchaser is able to delete eProgrammes which they have selected and which are displayed in the shopping basket by clicking on the grey “X” button. If the browser is closed or the browser session is terminated, e.g. due to cookies, the shopping basket will be emptied entirely.
5.4. From the shopping basket (5.3.), the Purchaser can either select further eProgrammes and place them in the shopping basket, or continue the order process with the eProgrammes they have already selected. The Purchaser achieves the latter by clicking on the “Proceed to Checkout” button. In the summary that is then displayed, the Purchaser is shown the billing address information they have provided, a list of all eProgrammes that have been put in the shopping basket, applicable user fees as well as the total amount due. Below that, the Purchaser must select their desired method of payment in order to be able to continue and complete the order process. The continuation of the order process (subject to the entry of details required by the respective payment provider for the method of payment selected) is completed when the Purchaser clicks on the “Order Now” button.
5.5. By clicking on the “Order Now” button, the Purchaser submits a binding order (subject to costs) to Bayreuther Festspiele GmbH as well as a binding offer to conclude a user contract (licence agreement). The contract comes into effect with BF’s official confirmation of the eProgramme/s ordered. This is forwarded to the Purchaser upon settlement of payment (acceptance). Confirmation of successful purchase of the eProgramme/s will also be sent to the Purchaser via email.
5.6. The Purchaser is to follow the instructions of the payment provider they have chosen. The Purchaser receives the corresponding prompts after clicking the “Order Now” button, which completes the binding order (subject to costs).
5.7. The Purchaser is responsible for the correctness of the information they provide during the order process. This applies equally to the order itself (selection of eProgrammes) as well as to personal details entered (address, email address, etc.). Any errors shall be the responsibility of the Purchaser.
5.8. The online programme shop, as well as the specific order or purchase process itself, may be suspended or completely terminated by BF at any time if proper or lawful execution of the shop and/or process is no longer possible. This especially applies in the case of technical difficulties (hardware and software errors, computer viruses, server problems, etc.), external interference or interference attempts and/or absence of legal requirements.
5.9. BF recommends the use of an up-to-date web browser to avoid technical problems.
6. Provision of eProgrammes
6.1. eProgrammes are only provided digitally as PDF files. The use of an appropriate reader/software is required to view PDF documents. eProgrammes are not provided for the Purchaser to download in the BF customer account (as is the case for online admission tickets for the Bayreuth Festival).
6.2. The sending of an email with a link to retrieve the programmes as a PDF file is considered the fulfilment of all obligations of BF with regard to the contract for right of use of the eProgramme/s.
7. Purchaser’s Right of Withdrawal and Execution of Order
7.1. If the Purchaser is a consumer within the meaning of Section 13 BGB, the Purchaser shall be entitled to a fourteen-day right of withdrawal from the day of the conclusion of the contract, which BF, as an entrepreneur within the meaning of Section 14 BGB, shall void for the purchase of eProgrammes (the subject matter of the contract) in accordance with Section 356, Paragraph 5 BGB.
7.2. Pursuant to Section 356, Paragraph 5 BGB , the right of withdrawal from a contract for the supply of digital content not on a tangible medium shall expire if the entrepreneur has commenced execution of the contract after the consumer has expressly consented to the entrepreneur commencing execution of the contract before the expiry of the withdrawal period and has confirmed their knowledge that, by giving consent, they forfeit their right of withdrawal upon commencement of the contract’s execution.
7.3. BF advises the Purchaser that they lose their right of withdrawal if they wish to use the digital content of the eProgramme/s.
7.4. The execution of the order by BF (sending of an email with a link to retrieve the programme/s as a PDF file) before the expiry of the statutory withdrawal period for long-distance sales transactions within the meaning of Sections 312c, 312g and 355 BGB shall only take place on the basis of
- the express consent of the Purchaser that BF may commence execution of the contract (that is, the transfer of information) before the expiry of the withdrawal period, and
- an express declaration by the Purchaser that they waive their right of withdrawal upon the corresponding execution of the contract.
Consent to the execution of the contract before the expiry of the withdrawal period and the waiver must be confirmed by the Purchaser by ticking the appropriate box before completing the order process.
8. Right of Use
8.1. The eProgrammes are protected by copyright. The Purchaser does not receive ownership of the digital eProgramme/s.
8.2. The Purchaser receives the simple right to use the content of the eProgramme/s for personal use only in accordance with the German Copyright Act (Urheberrechtsgesetz). Right of use is not transferable to third parties. Exempt from this is the transfer to persons who receive or have received one or more tickets for the Bayreuth Festival for personal use from the Purchaser on the basis of the Purchaser’s ticket order in accordance with the “GENERAL TERMS AND CONDITIONS OF BAYREUTHER FESTSPIELE GMBH FOR ONLINE DIRECT PURCHASE (“ONLINE DIRECT SALE TICKETS”)”, as well as to family members of the same household.
8.3. The Purchaser is permitted, as part of their personal use, to download the eProgramme/s once and to copy them onto their own devices of choice for exclusively personal use. The Purchaser is not permitted to change the content or editorial content of the eProgrammes or to use modified versions or, unless permitted in accordance with Clause 8.2. above, to copy them for third parties, make them publicly accessible or forward them, post them either for a fee or free of charge on the internet or other networks, replicate them, print them out, resell them or use them for commercial purposes.
8.4. BF is entitled to apply copy protection, such as DRM protection (Adobe Digital Rights Management), to eProgrammes and to protect them against illegal copying. BF is also entitled to apply digital watermarks and other copy-protection markings to eProgrammes, which also serve to make it possible to identify and trace the original purchaser in the case of improper use.
9. Other Legal Information
19.1 BF draws attention to the link to the online platform of the EU Commission for the extrajudicial online settlement of disputes (“OS Platform”) http://ec.europa.eu/consumers/odr/ , which is posted on BF’s homepage.
9.2. BF’s email address is: firstname.lastname@example.org
9.3. Bayreuther Festspiele GmbH is not legally obliged to participate in dispute resolution proceedings before a consumer arbitration board. Nor is it prepared to do so.
10. Data Protection Provisions
10.1. Without prejudice to BF’s data protection statement (available at: https://programmhefte.bayreuther-festspiele.de/datenschutzerklaerung/), personal order data will be collected, processed, stored and used in compliance with data protection law in the scope necessary to initiate and implement the contract and process the order.
10.2. In the event of a binding order, the Purchaser’s personal data shall be stored on the legal basis of Article 6, Paragraph 1, lit b of the General Data Protection Regulation (GDPR), which relates to the conclusion of a contract, and used in accordance with the above provision. The data subject rights of the Purchaser as well as other information relating to data protection in accordance with Article 13 GDPR can be accessed at https://programmhefte.bayreuther-festspiele.de/datenschutzerklaerung/.
10.3. For the purpose of executing and processing the order or the contract, BF also uses the services of other companies and/or individuals (e.g. sending of letters or emails, processing payments by credit card or instant bank transfer, etc.). These service providers shall have access to personal information and data of the Purchaser to the extent required for the fulfilment of the respective purpose, but they shall not use such information and data for any other purpose. These service providers are also obliged to comply with these data protection provisions and relevant data protection laws and, if they process personal data on behalf of third parties in accordance with instructions, they are also subject to corresponding order processing agreements pursuant to Article 28 GDPR. In addition, the personal data of the Purchaser, including personal data relating to orders, will be disclosed by BF if it is required to do so by law, or if disclosure is necessary to enforce BF’s General Terms and Conditions and Conditions of Use or other agreements between the Purchaser and BF, or to protect the rights of BF and/or the Purchaser. This includes an exchange of data with companies or persons with whom BF cooperates to prevent or punish data misuse, fraud, breaches of contract or other similar actions. Otherwise, data will not be shared with third parties for commercial use that is contrary to this data protection statement and applicable data protection laws.
11. Severability Clause
In the event that provisions of these General Terms and Conditions and Conditions of Use are or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. An invalid clause or partial clause shall be replaced by a provision which comes as close as possible to the content of the invalid provision.
Last Updated: 5 July 2021
Prof. Katharina Wagner, Ulrich Jagels
Managing Directors of Bayreuther Festspiele GmbH