§ 1 Scope of the House Rules
- The House Rules apply to going to an event of the company I-Motion GmbH Events & Communication, Am Hohen Stein 8, 56218 Mülheim-Kärlich, Germany (hereinafter only called the “Organiser”) and to entering the event area used by the Organiser including parking areas and ways to the venue.
- By purchasing the admission ticket (also contract of sale with a third-party vendor) the visitor accepts the validity of these House Rules. This also applies if the venue is entered in other cases.
§ 2 Organiser’s authority on the site
- The Organiser has the right to forbid a person entry or to order a person to leave.
- The security personnel and stewards the Organiser employs are authorised to exercise and enforce this right on his behalf, in particular to carry out checks under these House Rules or to enforce ejection and removal of persons from the event site as set out in these House Rules or the statutory regulations.
§ 3 Admission for visitors
Only visitors from the age of 16 can be admitted. The Organiser is entitled to ask for suitable identification (e.g. ID card) in order to verify the age.
The following additional rules for admission apply to minors (16-/17-year-old persons) at the events WinterWorld and TOXICATOR: minors will only be admitted if they are accompanied by an adult (at least 18 years old) and have the special form (a so-called “Muttizettel” or “Mum’s Note”) granting this adult parental authority and supervisory powers, i.e. 16-/17-year-old persons will not be admitted without an adult with parental authority or the form granting supervisory powers (not even until 12 midnight). An adult with parental authority may accompany no more than two 16-/17-year-old persons.
- Admission will only be granted upon presentation of a valid ticket and only if the visitor fulfils the conditions of these House Rules.
- Tickets will be cancelled when visitors are admitted. A re-admission band allowing visitors to leave and return multiple times can be purchased at the event for 5 euros; otherwise, there is no right to re-admission.
- Admission tickets cannot be exchanged or refunded.
- Visitors agree to their clothing and any bags and containers they bring with them being checked for security reasons when they are admitted and also to check to verify compliance with these House Rules.
The Organiser can refuse admission if
- the visitor is not in possession of a valid admission ticket;
- the visitor refuses to show identification when asked to verify his age;
- the visitor refuses to allow his clothing, utensils or containers to be checked;
- the visitor is clearly under the influence of alcohol, drugs or other intoxicating agents;
- the visitor is carrying weapons or objects forbidden by law (see § 5);
- the visitor has been banned from entering the premises;
- the visitor evidently wants to disturb the event, to be violent or to incite violence;
- the visitor attracts attention beforehand by expressing racist, contemptuous, xenophobic or sexual comments in words, images or in his behaviour or he clearly intends to express these, or
- the visitor otherwise evidently intends to break the House Rules.
- Only visitors from the age of 16 can be admitted. The Organiser is entitled to ask for suitable identification (e.g. ID card) in order to verify the age.
§ 4 Conduct while on the event site
- The visitor must carry the admission ticket with him after he is admitted to the venue and must show it or any other access authorisation he has been given if asked to do so at any time.
- The visitor must conduct himself in such a way that the Organiser, other visitors and third parties are not harmed, endangered or inconvenienced.
- The instructions of the Organiser and the security personnel and stewards must be followed at all times.
- Fire protection equipment, safety devices and installations must not, including not even temporarily, be moved from their proper place, blocked, covered or interfered with or misused in any other way.
It is forbidden for the visitor to
- disturb any part of the event;
- smoke in buildings outside of the areas designated for smoking
- commit any criminal or illegal acts or any acts generally disapproved of or to be of assistance in committing them or to incite them;
- to put other visitors in danger (in particular by “crowd surfing”, “circle of death”, “pogo dancing” or the like)
- make a fire, set off light fireworks or pyrotechnical objects;
- smear, gluing or scrawl anything on installations, equipment or facilities, trees etc. or to damage or remove them;
- damage or climb up or on to fences, lamp posts, lighting masts, buildings, electrical cabinets, sanitation stations, mobile toilets and any other infrastructure installations on the event site;
- go round barriers or enter areas clearly not meant to be accessible to visitors or to assist in this;
- contaminate the event site or make it dirty
- do any kind of advertising or distribute flyers, leaflets or any other materials unless this has been expressly allowed by the Organiser beforehand and in writing
- express or disseminate any contemptuous, racist, homophobic, xenophobic, politically extreme, obscenely indecent or insulting, radically left- or right-wing or any other radical slogans or comments;
- perform any actions which are left- or right-wing extremist or in any other way extremist, in particular showing and using National Socialist slogans (§ 86a StGB);
- distribute or sell unauthorised beverages, food, souvenirs, clothing, promotional articles, fan articles and/or other goods and items
- take photographs or make audio, film or video recordings for professional and/or commercial use unless they have been expressly allowed by the Organiser beforehand and in writing;
- relieve himself outside of the toilet rooms or
- collect and/or beg for deposit or deposit containers; in the event of any infringement, the deposit collected will be confiscated and the visitor banned from the site. This applies to the area where the Organiser exercises his authority.
- Should there be any infringement, the Organiser can expel the visitor from the event. In such cases the visitor has no right to re-admission or to a refund of the admission charge. This shall not affect the Organiser’s right to claim compensation.
- Any infringement may result in action being taken both under civil law and under criminal law.
- Any persons trespassing on the enclosed event site will be prosecuted under criminal law. This shall not affect the Organiser’s right to claim compensation.
§ 5 Forbidden objects
It is forbidden for the visitor to carry, bring and/or use any of the following objects:
Details of which objects are allowed can be obtained from the Organiser.
- any type of weapon;
- objects which can be used like a weapon or a dangerous projectile and do not obviously serve another peaceful purpose (e.g. rucksack);
- drugs, narcotics, knockout drops and legal highs (e.g. bath salts) unless a medical document confirms beyond any doubt that the visitor needs to have them with him and to take them;
- irritant gas, pepper spray, animal repellent spray and the like;
- laser pointers;
- caustic or highly inflammable substances (e.g. deodorants, hairspray);
- fireworks, sparklers, pyrotechnical materials, inflammable torches, smoke candles, Bengal lights or any other pyrotechnical effects;
- poles, bars or sticks unless they are needed because of impaired mobility;
- bulky objects unless expressly allowed through the website of the event;
- individual items of clothing or uniform clothing or any other objects meant to help express opinions or advertising unless expressly allowed by the Organiser beforehand (in such cases the advertiser must show the written consent of the Organiser);
- any type of advertising media, in particular flyers unless expressly allowed by the Organiser beforehand (in such cases the advertiser must show the Organiser’s written consent);
- any type of objects to be used commercially or political or religious objects (unless they serve as typical items of clothing of the particular religion), including banners, signs, symbols, handbills and leaflets;
- racist, xenophobic, radically left- or right-wing propaganda, in particular any such propaganda from parties or organisations which have been declared unconstitutional or have been banned;
- masks (e.g. balaclavas) if it cannot be clearly seen that they serve the purpose of being part of a costume, and motorcycle helmets;
- electrical or other devices which can emit sounds, noise, music or odours which go beyond the usual use (e.g. a mobile phone is allowed);
- any type of beverage or food unless the visitor depends on them for health reasons or they are medically indicated; the visitor must provide documentary proof for the exception;
- bottles, cans, plastic canisters and/or any other containers for drinks;
- chairs, seating furniture or any other objects for sitting on (e.g. polystyrene cubes);
- drones and any other unmanned aircraft;
- any type and size of animal;
- any other objects which are suitable for and usually meant to be for disrupting the event and stopping it going off smoothly or for causing damage.
- The Organiser reserves the right to decide on the spot not to allow certain objects for safety and/or security reasons.
- It is forbidden for the visitor to carry, bring and/or use any of the following objects:
§ 6 Recordings made by the Organiser
By entering the venue, the visitor agrees that he may be filmed and photographed. He also agrees that those recordings may be used for marketing measures in the sectors print and online (including social media/networks) by the organizer.
§ 7 Safety: escape routes, instructions, noise, weather factors, closing-off/evacuation
- It is recommended that the visitor familiarise himself with all the marked escape routes in advance or when he enters the event site.
- Emergency exits, escape routes and stairs must not be used as seating and it must be possible to go through and along them quickly.
- The instructions of the Organiser and the security personnel and stewards or the police must be followed at all times.
- The nature of the event revolves around music. Due to the possible sound levels of the music, the risk of causing damage to health and to the hearing cannot be excluded. The visitor has the option of being given simple “earplugs”. It is pointed out to the visitor that being in the immediate vicinity of the music system for longer periods is harmful to health.
- The event will normally take place in all weathers. Should weather conditions pose a threat to the safety of the visitors, however, the Organiser reserves the right to interrupt or call off the event.
- For safety and/or security reasons, the Organiser can temporarily or completely evacuate and close off individual areas of the festival site without this establishing a right to a partial refund of the ticket price unless this means that the visitor can then no longer experience important parts of the event. Any instructions relating to such circumstances and given by the Organiser or by the persons and firms assigned by him to such tasks must be immediately followed in order to avert any danger to life and limb.
- Allowing access to event areas with a limited capacity will depend entirely on the possible number of persons that the area can hold. If this number has been reached, the Organiser can/must temporarily restrict access without this establishing a right to a full or partial refund of the ticket price; purchase of a ticket does not in itself establish the right to have access to all event areas at any time.
§ 8 Organiser’s liability
- The Organiser has unlimited liability for any damage to property and financial damage suffered by the visitor if it was caused by the Organiser or his agents acting with gross negligence or with intent. The Organiser is liable for damage to property and financial damage suffered by the visitor if it was caused by the Organiser or his agents acting with a slight degree of negligence, but only, however, in the event of a breach of a material contractual duty whose fulfilment is essential for bringing about due execution of the contract and in whose observance the visitor may normally trust (a so-called material obligation). His liability for a slight degree of negligence is limited to the foreseeable loss or damage which has to be typically expected to occur at the time the contract is concluded.
- In the event of any loss or harm being caused to the visitor by the Organiser or his agents to life, body and health, however, the Organiser is liable to the full extent and therefore for each kind of negligence and for intent.
- The Organiser cannot be held liable for theft on the event site unless he can be held liable under section 1 or 2, or unless he has manifestly or expressly assumed a duty of safekeeping.
As at: March 2017