Terms and Conditions
(1) These General Terms and Conditions (“GTC”) shall apply to all orders for tickets for events, shows, parties and events organised by HMD Speakeasy GmbH (“our”, “we”,”us”) as the operator of the website https://partylikegatsby.eu or https://partylikegatsby.us (“our website”).
(2) The tickets sold on our website are exclusively aimed at buyers who have reached the age of 18 years. Depending on the event, the allowed age to attend the event might differ. The allowed age can be seen directly on the specific event page.
(3) Our deliveries, services and offers are made exclusively on the basis of these GTC. We do not recognize any terms and conditions that contradict or deviate from our GTC unless we expressly agree to their validity in writing.
(4) You can call up and print out the currently valid GTC on the website https://partylikegatsby.eu/terms-and-conditions/
§ 1 General
(1) The offers on our website constitute a non-binding invitation to you to order tickets via our online shop. The desired goods can be selected by clicking on the button “Add to cart”. You can then display the tickets, that have already been placed in your shopping cart by clicking on the shopping cart icon in the upper right corner.
(2) By clicking on the button “Place order” you are making a binding purchase offer (§ 145 German Civil Code).
(3) A purchase contract for the goods is only occurring, if we explicitly declare acceptance of the purchase offer or if we deliver the ordered ticket(s).
(4) If you are acting on behalf of a third party (e. g. for a company that wants to purchase tickets via the website), you must be authorized to act on behalf of the third party.
§ 2 Prices
The prices quoted on the event pages include the statutory VAT and other price components. Ticket fees and other fees are exclusive and might be added on the checkout page.
§ 3 Restrictions
We are interested in restricting the passing on of tickets to third parties in order to avoid criminal acts in connection with the attendance of the events and to prevent the resale of tickets at excessive prices.
(1) Therefore, it is not allowed to sell tickets to third parties at a price higher than the price of the ticket, including handling charges, as shown on our website; and to sell tickets commercially or to use them publicly for advertising and/or marketing purposes without our express prior written consent.
(2) In the event that you violate the provisions of § 3.1 (1), we may terminate the existing legal relationship with you with immediate effect. The ticket(s) for the respective event will then be blocked and cannot be used anymore.
(3) Furthermore, we shall be entitled to demand a contractual penalty in an appropriate amount per violation of the provisions of paragraph § 3.1 (1) for passing on tickets for events to third parties and/or offering them, unless the violation has occurred through no fault of your own. Further claims for damages shall remain unaffected.
(4) You can only purchase a maximum of twenty (20) tickets per event through our website.
§ 4 Terms of payment; Default of payment
(1) Payment by credit card is available as means of payment.
(2) The total price of your order is due immediately upon order.
(3) If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged at least a reminder fee of EUR 5, unless you can prove a lower damage.
§ 5 Offsetting / Retention
(1) You are only entitled to set-off if your counterclaim has been legally established or is not disputed by us.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless otherwise agreed, the delivery of the ticket will be made by email, to the email address provided by you in the checkout process.
§ 7 Right of withdrawal
There is no right of withdrawal for tickets (§ 312 g para. 2 no. 9 German Civil Code). If not explicitly stated, they are also excluded from redemption or exchange.
§ 8 Admission
(1) The sent ticket(s) are checked at the entrance to the event. If the bar code or the QR code and all other details on the ticket are not clearly legible, there is no entitlement to admission to the event or refund of the ticket. The first ticket holder will be admitted to the event. The ticket will then be blocked for further access. Only tickets purchased through official distribution channels are valid. Changing or imitating the tickets is prohibited.
(2) The guest may not take any items (e. g. fireworks, knives, glass bottles) to the event whose possession or use endangers the other event visitors, artists, or other present ones. If a guest carries such items with him, he will be denied entry. If, for this reason, the entry is given away, there is no right to a replacement or refund of the ticket.
(3) The guest commits at all times to observe all safety and implementation regulations and to follow instructions from the security and event staff.
(4) The organizer may refuse the guest access to the event without compensation or exclude him from the event (during the event), if the event visitor does not comply with the safety and / or implementation regulations of the organizer or his assistants.
(5) Special regulations may apply to individual events (such as minimum age, dress code), which we will explicitly point out on the website before purchasing the respective tickets to the events. If the stated regulations are not adhered accordingly, entry may be refused by the auxiliary personnel. A refund of the ticket(s) is not possible in that case. For any uncertainty regarding your dress code, you can contact firstname.lastname@example.org prior to the event.
§ 9 Lost items, program and health damage
(1) Unfortunately, we cannot accept any liability for lost or stolen objects at the events, whereas the regulation in section § 13 (Liability) remains unaffected.
(2) Please note that the programme of the individual events may be subject to change with regard to the performances and/or decorations. Such changes do not constitute a right to redemption or exchange of tickets for the event in question.
(3) The visitor is aware that events with DJs, parties, shows, light effects and live music are particularly loud and that there is a risk of possible health damage, especially hearing damage. It is recommended to use ear plugs, especially when staying close to the speakers, and to visit a place on the event area that meets the individual listening habits.
§ 10 Cancellation / bad weather regulations
(1) Due to weather or other influences, there may be interruptions or delays at events. If an event is canceled more than 2 hours after the official start, the event will be deemed to have taken place (no refund or exchange of tickets).
(2) For events that are canceled or shorter than two hours, a replacement date for the event is called. The tickets are valid for the replacement date. If no replacement date is mentioned, the ticket price will be refunded. The refund might be reduced by shipping costs, payment provider fees and/or ticket platform fees. As an alternative your ticket can be exchanged for a ticket of the same value.
(3) With the exception of the cases described in paragraphs 1 and 2, the customer has no claims against the organizer in the event of premature termination or cancellation of the event due to events for which the organizer is not responsible (in particular third-party fault). That includes no claims for compensation, a replacement date for the event, an exchange or a refund claim.
§ 11 Copyrights
(1) Sound and film recordings of any kind are prohibited for copyright reasons. Commercial image and sound recordings require the prior written consent of the organizer. If these rules are not followed, the ticket purchaser can be excluded from the event without compensation.
§ 12 Data protection
We comply with the legal basis of data protection. Our data protection declaration can be viewed at any time at https://partylikegatsby.eu/privacy-statement/
§ 13 Liability
(1) Unlimited liability: We are fully liable for intent and gross negligence. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
(2) In other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, whose fulfilment is essential for the proper fulfilment of the contract and on whose compliance you may regularly rely on. The liability for slight negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract, with whose formation must typically be calculated. This limitation of liability shall also apply in favour of our representatives, employees and vicarious agents.
(3) The liability for consequential damages, such as loss of profit or similar indirect damage and compensation for useless expenses is excluded.
(4) We strive to provide a permanent and efficient service on our website. However, possible service failures due to malfunctions or maintenance work cannot be ruled out and do not represent a contractual breach. We are further entitled to change the offer on our website at any time. Such changes do not constitute a contractual breach.
(5) We shall not be liable for inadequate performance of services due to events beyond our control. These include, but are not limited to force majeure, computer viruses, acts of terrorism, public unrest, war, strikes, fire, power outages or epidemics.
§ 14 Photo- and video recordings for advertising purposes
(1) Photographs and videos will be taken throughout the event. These recordings can be used for advertising purposes by HMD Speakeasy GmbH. If you do not agree to the utilization, please contact the auxiliary personnel of the organizer. Should this not happen, HMD Speakeasy GmbH assumes that you permit HMD Speakeasy GmbH to use the recordings free of charge.
(2) Own photos and films may be taken for private purposes, provided that other guests are not impaired or disturbed. Professional photo and video recordings for commercial use are only permitted with the prior written consent of HMD Speakeasy GmbH. The “posting” of the pictures for private purposes on social networks such as Instagram, Facebook, or similar is desired, provided that the personal rights of other guests are not violated, the material does not misrepresent the event and the published material does not harm HMD Speakeasy GmbH.
§ 15 Modification of the General Terms and Conditions
(1) We reserve the right to amend these General Terms and Conditions at any time, in particular to implement legal requirements. Changes will be notified to you by e-mail or in writing at the latest four (4) weeks before they take effect. If you do not object to the validity of the new GTC within four (4) weeks after receipt of the notification, the amended GTC are considered as accepted. We will point out the significance of this period in the amendment notification separately.
(2) If you object within the four (4) weeks, the contractual relationship between you and us shall continue to exist under the present terms and conditions.
§ 16 Final clauses
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective points will be replaced by the legal regulations, if applicable.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which you as a consumer have your habitual residence, remain unaffected.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts is between us and you in Berlin.