General Terms and Conditions

1. SCOPE OF APPLICATION AND CONTRACTUAL RELATIONSHIP

1.1 These General Terms and Conditions (hereinafter „GTC“) apply to the Potsdamer Schlössernacht 2024, which is distributed by our ticket partner www.myticket.de, among others. The organizer is Kultur im Park GmbH, Potsdamer Str. 58, 10785 Berlin, Managing Directors: Marcus Mechelhoff, Sabine Giese; Register Court: Charlottenburg Local Court (Berlin), HRB: 96298 B („Kultur im Park GmbH“). These GTC are an integral part of the contract concluded between you (hereinafter „you“ or „customer“ or „visitor“) and Kultur im Park (hereinafter „Kultur im Park“ or „organizer“) for the purchase of admission tickets (hereinafter „tickets“). The details of the content of this contract are governed by the following provisions. Tickets are sold in the name and on the account of Kultur im Park GmbH.

1.2 In addition to these GTCs, the GTCs (including the house rules) of the owner of the event venue apply on the event site, unless otherwise stipulated here.

2. TICKETS & COMPOSITION OF THE TICKET PRICE

2.1 Admission is only granted with a valid ticket. The ticket must be kept and is non-transferable.

2.2 No replacement will be provided for lost tickets.

2.3 The ticket price is made up of the basic ticket price, the advance booking fee, the system fee and other fees, in each case including statutory VAT. The final ticket price may vary depending on the method of delivery. You have the following options to choose from: (a) you can choose the tickets as a Print@home variant, where you print the respective ticket yourself at home; (b) you can choose the tickets as mobile tickets, where you can download the respective ticket to a mobile device; (c) or you can choose the regular shipping variant, where the order is sent to you by post. The individual fees are shown. The final ticket price will be displayed during the purchase process.

2.4 The ticket price is due for payment immediately after conclusion of the contract.

3. EXCLUSION OF THE RIGHT OF WITHDRAWAL/RETURN OF TICKETS AND REFUNDS

3.1 The contract for attending events is a contract for leisure events for which the customer has no statutory right of withdrawal. You may therefore not revoke your declaration of intent regarding the ordering of tickets for leisure events by law.

3.2 A claim for the return of tickets and reimbursement of the ticket price only exists in the event of the cancellation and/or postponement of a respective event. If an event is canceled without replacement, you can return the ticket to the place where you purchased it. If an event is postponed, your ticket is valid for the alternative date. If you are unable to attend on the replacement date, you can return your ticket to the place where you purchased it. Travel expenses will not be reimbursed if the event is postponed or canceled.

3.3 Paid fees will not be refunded. In the event of your withdrawal from the event contract, the ticket provider will offset the claim for reimbursement of the fees paid to the ticket provider against its claim for compensation in the amount of the fees.

3.4 The organizer reserves the right to refuse admission to the visitor for good cause. In this case, the visitor is only entitled to a refund of the admission price, but not the advance booking and processing fees. Any further claim for damages is excluded, unless the organizer acts with gross negligence or intent.

3.5 In each of the above cases, the ticket price will only be refunded on presentation of the original ticket.

4 Hygiene regulations

4.1 The organizer reserves the right to take suitable and appropriate measures to protect visitors from serious infectious diseases (e.g. rapid antigen test at the entrance, fever measurement, etc.). This also applies if the measures are not prescribed by the authorities. There is no entitlement to the implementation of special measures.

4.2 By purchasing the ticket, the customer acknowledges that any applicable legal provisions and requirements for admission to the event (e.g. a possible „green pass“ or similar, tests, digital or analog certificates, etc. or the wearing of a mouth-nose cover/everyday mask) must be implemented by us and do not entitle the customer to withdraw from the contract.

4.3 The organizer may impose special rules of conduct on visitors and order measures to be taken (e.g. restrictions on persons, distancing rules, route/direction guidelines). The visitor has to comply with these regulations.

4.4 Visitors with colds or flu symptoms will not be admitted. Information on the typical Covid-19 symptoms can be found here: (https://www.rki.de/DE/Content/InfAZ/N/Neuar- tiges_Coronavirus/Steckbrief.html)

4.5 The organizer points out that even if an appropriate protection and hygiene concept is fully implemented and all necessary hygiene measures are observed, an infection of the visitor with the coronavirus (SARS-CoV-2) or other pathogens cannot be completely ruled out.

4.6 The organizer may refuse admission to the event and block the respective tickets in the event of a violation of the provisions listed in this section.

5. OBLIGATIONS OF THE CUSTOMER WHEN ATTENDING THE EVENT

5.1 Crowds of people are to be avoided at the entrance and exit, on the entire grounds, as well as on arrival and departure.

5.2 Children up to the age of 13 have free admission to the Schlössernacht, but require an admission ticket. Minors are only permitted to attend the event if accompanied by at least one adult supervisor.

5.3 Animals are not permitted in the event venue. This does not apply to trained assistance dogs with appropriate proof.

5.4 The instructions of the security staff, the signage and the loudspeaker announcements must be followed. All visitors entering the event site must immediately follow the instructions of the police, the fire department, the security, public order and rescue services and the organizer’s employees.

The organizer’s employees immediately. Visitors who violate statutory regulations or these rules may be expelled from the event site.

5.5 When leaving the event site for the first time, visitors will receive a stamp upon request. When re-entering the event grounds, the stamp and ticket as well as photo ID must be presented. Only then will you be entitled to re-entry.

5.6 The organizer may carry out a security check on admission to the event site for reasons of security and order and to avoid waste. The visitor agrees to this by purchasing a ticket. The organizer is entitled to refuse entry to the event if the visitor is carrying unauthorized items (see list of prohibited items in Section 9).

5.7 In order to protect the garden monument and to ensure peaceful coexistence between all visitors, it is not permitted to

a. To leave the paths or designated and illuminated event areas,

b. Remove, take away or otherwise damage plants or parts thereof,

c. To throw away or leave behind waste of any kind outside the containers provided for this purpose is to camp or camp out,

e. To light fires or barbecue,

f. To climb on structural or horticultural installations or sculptures,

g. Bathing, fishing, boating or steering model boats in the waters,

h. To play ball games or other sports,

i. To hold demonstrations or assemblies,

j. To sell goods of any kind, offer services, distribute printed matter, conduct collections or artistic performances, as well as the advertising and distribution of objects of any kind without the permission of the organizer.

5.8 Theft and damage to buildings, plants, works of art and all other objects on the event site will be prosecuted under criminal and civil law. If there is good cause, in particular if a visitor commits crimes on the event grounds or endangers other visitors, the organizer is entitled to exclude the visitor from the event. If the organizer exercises his right of exclusion, the admission ticket loses its validity. A claim for re-admission or reimbursement of the purchase price is excluded.

5.9 The following items may not be taken onto the event site:

a. Weapons of any kind,

b. Items and objects that can be used as weapons or projectiles (dangerous objects), laser pointers,

c. Dangerous and flammable substances (exception: commercially available pocket lighters), bottles, cups, jugs, cans or other objects made of fragile, splintering or particularly hard material, bulky objects such as ladders, crates, suitcases, bicycles, pyrotechnic objects, flags or banners,

d. Mechanically operated noise instruments or sound systems, food and drinks, with the exception of non-alcoholic drinks in PET bottles/Tetra-Pak up to 1.5L

5.10 Kultur im Park GmbH reserves the right to deny the customer concerned or other persons access to the event or to exclude them from the event in the event of a breach of the above paragraphs.

6. LIABILITY OF KULTUR IM PARK GMBH

6.1 Kultur im Park is liable without any limitation for all damages to life, body and health culpably caused within the scope of the contractual relationship. The same applies to all cases of mandatory statutory liability, in particular under the Product Liability Act, as well as in the event of the assumption of a guarantee.

6.2 In the event of a breach of material contractual obligations due to simple negligence, Kultur im Park’s liability is limited to compensation for foreseeable damage typical of the contract. The essential contractual obligations of Kultur im Park include those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may reasonably rely.

6.3 Otherwise, the organizer is only liable for grossly negligent or intentional breach of contract.

6.4 Insofar as the liability of Kultur im Park is excluded or limited in accordance with the above paragraphs, this also applies to the liability of its legal representatives and vicarious agents.

6.5 You and your companions are aware that, despite all precautions, the risk of infection with the Covid-19 virus and other infectious diseases still exists and cannot be completely ruled out. By purchasing an admission ticket and attending the event, you and your companion expressly accept this risk as part of the general risk of life.

7. SOUND AND/OR IMAGE RECORDINGS

7.1 In the event that image and/or sound recordings, such as radio or television recordings, are made during the event by persons authorized to do so by Kultur im Park GmbH and you are recognizably recorded in image and/or sound, you implicitly agree that the recordings may be reproduced, distributed and publicly reproduced, in particular broadcast, without entitlement to remuneration, unless this conflicts with your legitimate interests.

7.2 Recordings of images and sound for commercial purposes are only permitted with the express permission of Kultur im Park GmbH or the Prussian Palaces and Gardens Foundation. For this purpose, please apply for accreditation in advance of the event at info@kultur-im-park.berlin – after your request has been checked, you will receive a corresponding accreditation upon approval.

8. DAMAGE TO HEARING AND HEALTH

The organizer is only liable for damage to hearing and other damage to health if he or his vicarious agents are guilty of intent or negligence or if a duty to maintain safety has been culpably neglected. Visitors must avoid being in close proximity to the loudspeaker boxes; appropriate barriers must be strictly observed.

9. APPLICABLE LAW, PLACE OF JURISDICTION

9.1 The contract, including the form of its conclusion and all rights and obligations arising from it, are subject to German law.

9.2 The place of performance and jurisdiction is Berlin if the customer is a merchant, a legal entity under public law or a special fund under public law.

9.3 If you are a consumer and have purchased the ticket online, we would like to point out that the European Commission provides a platform for online dispute resolution. You can find this here: https://ec.europa.eu/consumers/odr/main. The e-mail address of Kultur im Park GmbH is: info@kultur-im-park.berlin.

10. FINAL PROVISIONS

Should individual provisions of this contract be or become invalid or ineffective in whole or in part, this should not affect the validity of the remaining provisions. Any General Terms and Conditions that are not included or are invalid shall be replaced by the statutory provisions (Section 306 (2) BGB). In all other respects, the parties shall replace the void or ineffective provision with an effective provision that comes as close as possible to it in economic terms, unless a supplementary interpretation of the contract takes precedence.

Status: February 2024, Kultur im Park GmbH