General terms and conditions

§ 1 Contractual partner

The operator of the website www.pichmaennel-oktoberfest.de and organiser of the "Pichmännel Oktoberfest" is the

Feldschlößchen Sales Company Ltd.

Cunnersdorfer Str. 25, 01189 Dresden               - Organiser -

d.d. Management: Mike Gärtner, Karsten Uhlmann

Local Court Dresden

Commercial register number HRB 29578

VAT ID No. DE 274903506

Through the purchase of tickets or other related services, a contractual relationship is established directly between the contractual partner (customer) and the organiser. The General Terms and Conditions (GTC) and the Event Regulations (www.pichmaennel-oktoberfest.de/veranstaltungsordnung) are an integral part of the contract. The course and content of the events are the sole responsibility of the organiser. The organiser is responsible for ensuring that events take place.

§ 2 Conclusion of contract

Orders can be placed by the customer online (www.pichmaennel-oktoberfest.de). The binding offer to conclude the contract on the part of the customer is made via the website by correctly entering and sending all necessary data for the purchase and payment processing and for the dispatch of the order. The contract shall only become effective after the organiser has checked the availability of the order (table availability) and confirmed this to the customer.

§ 3 Admission tickets, meal vouchers, menu orders

a) The tickets included in the order are only valid for the respective event day and time issued and are not transferable to other days. The customer must check the order for correctness and completeness after it has been sent. In the event of discrepancies, these must be notified to the organiser immediately, but no later than 10 calendar days after receipt (or, in the case of orders placed at short notice, up to three calendar days before the event) by email to vorverkauf@pichmaennel-oktoberfest.de, in order to give the organiser the opportunity to rectify the situation. The organiser is entitled to reject late objections.

b) The organiser is not obliged to personally inform the contractual partner of any changes to dates or venues or cancellations of the respective events. The contractual partner is therefore obliged to inform himself/herself about changes to the events (time, location, etc.). The organiser shall not be liable for costs (e.g. travel and accommodation) as a result of date or start time changes, programme changes or cancellations.

c) Ticket selection (stage meadow, Pichmännel boxes and individual seats) is always based on current availability in the respective categories. For tickets of free seating choice (strolling tickets) there is no entitlement to a specific seat, therefore complaints in this regard are excluded. Buyers of free seating agree that up to 10 people can be seated at a marquee set.

d) All consumption vouchers assigned to a valid and non-returned order must be replaced/exchanged with new consumption vouchers on the day of the event. The contractual partner shall ensure that the consumption vouchers are exchanged independently at the counter provided for this purpose. All consumption vouchers that have not been exchanged are not valid. Newly purchased online tickets at the start of pre-sales do not include consumption vouchers and cannot be supplemented by such vouchers. Consumption vouchers are exclusively redeemable for all dishes and drinks on the menu valid on the day of the event and are non-transferable.

The meal tickets are valid exclusively for the duration of the Pichmännel Oktoberfest taking place each year; the meal tickets exchanged in advance at the counter are valid without exception.

A refund of unredeemed consumption vouchers is not possible. It is not possible to have amounts credited for future events or to have credit notes or vouchers issued for unused amounts. No payment of any remaining amounts will be made.

The consumption vouchers are not transferable to the purchase of souvenirs.

e) Menu orders are only valid on the day of the reservation according to the reservation confirmation. A replacement, withdrawal or refund in the event of non-appearance is not possible. This also applies if not all seats at table reservations are taken in full.

f) There will be no compensation for loss of or damage to tickets and/or tokens.

g) All tickets can only be scanned once. Double-scanned tickets will not be admitted. The contracting party is responsible for the correct allocation of tickets. There will be no admission of 2 identical ticket numbers.

h) All online tickets purchased from the start of advance sales must include an undamaged QR code for reading at the entrance. As a precaution, the organiser points out that printouts may not be bent at the corresponding point of the QR code. The ticket can be presented at the entrance as a printout or as a .pdf file on a smartphone. Screenshots / screen shots are not valid.

i) In the event of weather-related events (e.g. heavy rain, storms, etc.), individual seats may no longer be usable or may only be usable to an unreasonably limited extent. In this case, the organiser will provide the guest with an alternative seat in the marquee if available.

§ 4 Terms of payment

All food and beverages are due for payment immediately to the service staff. The invoice amount is to be paid in cash only. Card payments are possible from €10 invoice amount at all cash points of sale. Any objections to the contents of the invoice must be raised directly with the service staff or the management before payment. Later complaints can no longer be considered.

All prices are always quoted as final prices, including VAT, the advance booking fee and handling fee. Any shipping fees and costs of external partners (PayPal) and service providers are shown separately.

§ 5 Return of tickets, refund of the purchase price

a) A reversal of the order and, if applicable, already purchased consumption vouchers is only possible in the event of a cancellation or postponement of the event. The orders are not subject to the Distance Selling Act. § Section 312 b, subsection 3, no. 6 of the German Civil Code (BGB) stipulates that the law does not apply to contracts for the provision of services in the field of leisure activities, which also includes concerts. Thus, a two-week right of revocation and return is excluded.

Cancellation of the purchase is only possible until the order has been processed by the organiser and can only be made for entire orders.

b) In the event of cancellation of events or changes to the programme for which the organiser is responsible - i.e., significant changes to the main part of the programme (not "special guest" or supporting programme) - the overpaid ticket price may be refunded to the customer. This only applies to tickets purchased directly from the organiser. Handling fees and shipping costs will not be refunded.

c) If an event is postponed, the tickets remain valid unless the organiser makes further changes. If a customer is unable to attend the new date, the complete order including ALL associated tickets AND consumption vouchers must be received by the organiser up to 4 weeks BEFORE the start of the event. This is due to the fact that capacities that have become free are transferred back into the booking system. Processing fees and shipping costs will not be refunded.

d) A relocation of a venue within a city necessary for organisational reasons excludes the exchange as well as the return of tickets and meal vouchers.

e) Changes to the admission and starting times, changes to the programme as well as cancellations or concert postponements are possible at short notice. The contract holder is responsible for finding out about any changes in good time before the start of his event.

f) Should it not be possible to hold the event in whole or in part at the time of reservation due to official directives, safety considerations, force majeure or other important reasons, the tickets and consumption vouchers purchased on the occasion of the event will be refunded in full. Any further claims and liability on the part of the organiser are excluded in the aforementioned cases.

The following conditions must be observed for the return:

Returns and refunds will only be made for entire orders placed directly with the Organiser and its website at www.pichmaennel-oktoberfest.de. Refunds or returns of ticket purchases through all third-party sellers are excluded.

The contracting party accepts all regulations and access requirements applicable to the event that are imposed by official regulations or by the organiser's applicable domiciliary rights (see event regulations). (e.g., measures of general health protection such as medical masks, proof of vaccination, prohibition of anti-constitutional behaviour, anti-constitutional symbols, etc.).

§ 6 Payment & Shipping

a) Payment for online orders shall be made in advance by bank transfer or via PayPal. Payment should be made immediately, but no later than 7 working days after receipt of the invoice. Timely payment shall be deemed to have been received in good time on the account of the organiser. All online tickets of an order will be transmitted digitally to the contractual partner after receipt of payment. The e-mail address provided by the contract partner shall apply. The organiser accepts no liability for incorrect or faulty data. The online tickets will be sent as an attachment by e-mail after receipt of the bank transfer (payment by invoice). Due to the high volume of orders, dispatch can take up to 4 weeks and is carried out according to the order in which payments are received. You will receive a notification by e-mail about the receipt of payment and about the shipment. If you have any questions about your order, please send an e-mail with your reservation number to vorverkauf@pichmaennel-oktoberfest.de.

Online tickets will be sent by e-mail attachment from Monday to Friday, excluding public holidays. Should payment for an order not be made on time, the organiser reserves the right to cancel the order.

For payments via PayPal, the GTC's of the provider apply. Any fees incurred will be charged additionally to the customer.

b) In the event of incorrect and/or incomplete information such as postal or e-mail addresses, the organiser accepts no responsibility for the delivery of the order. A deposit of tickets at the box office is not possible.

c) If payment difficulties arise due to circumstances within the sphere of the contracting party (e.g., chargebacks, payment objections), the contracting party shall bear all costs and fees incurred in this connection.

d) The delivery of the tickets is considered completed after successful transmission of the data and sending of the confirmation email.

e) The entire order, including the associated tickets and, if applicable, consumption tokens, remains the property of Feldschlößchen Vertriebsgesellschaft mbH until final payment has been made.

§ 7 Restrictions on the transfer of tickets

For reasons of preventing the resale of tickets at excessive prices and the associated damage to the reputation of the organiser, it is in the interest of the organiser to restrict the passing on of tickets. The contractual partner undertakes to purchase and use the tickets exclusively for private use. In particular, the contracting partner is prohibited from:

-passing on and/or selling tickets for commercial purposes without the prior express consent of the organiser,

-offering tickets for sale in the context of internet auctions not authorised by the organiser,

-selling tickets to third parties to make a profit,

-passing on and/or selling tickets for its own advertising, marketing or profit-making purposes or as  part of a hospitality or travel package not authorised by the organiser.

The sale of tickets outside the venue is prohibited without exception.

In case of infringement, the customer/seller of the tickets must expect legal measures by the organiser.

§ 8 Data protection and data processing

The transmission of data, in particular account details, is exclusively at the customer's own risk. The organiser processes personal data in compliance with the data protection regulations, in particular the TDDSG and BDSG. Personal data shall be collected, processed and used in automated procedures to the extent necessary for the performance of the contractual relationship.

§ 9 Limitations of liability, exclusion of withdrawal in the event of certain breaches of duty

Feldschlößchen Vertriebsgesellschaft mbH shall be liable in accordance with the statutory provisions under the Product Liability Act, for damage caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, and for damage resulting from injury to life, limb or health. In the event of damage caused by simple negligence, Feldschlößchen Vertriebsgesellschaft mbH shall be liable insofar as this negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, it shall only be liable insofar as the damage is typically associated with the contract and is foreseeable. There shall be no liability in the case of simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.

The right of the contract partner to withdraw from the contract due to a breach of duty for which the organiser is not responsible is excluded, with the aforementioned exceptions.

§ 10 Final provisions

a) The respective valid law of the Federal Republic of Germany shall apply.

b) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the organiser shall be Dresden.

c) Should one or more clauses of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by another valid and enforceable provision which the parties would have agreed with regard to the meaning and purpose of this contract if they had considered the invalidity or unenforceability of the respective provision when concluding this contract and which corresponds to the intentions of the parties with regard to the meaning and purpose of this contract. This provision shall apply mutatis mutandis in the event that these General Terms and Conditions contain a loophole.