Terms
General Terms and Conditions of HIGH PEAK PRODUCTION GMBH
1. Scope of application
1.1. These General Terms and Conditions (GTC) apply to all contracts concluded by HIGH PEAK PRODUCTION GMBH and to all services offered by HIGH PEAK PRODUCTION GMBH. These conditions also apply in particular to all events organized by HIGH PEAK PRODUCTION GMBH and to tickets for such events, regardless of which ticketing provider (such as Eventfrog, Starticket, Ticketportal, Ticketcorner (not exhaustive)) the customer has purchased them from. In addition, the general terms and conditions of the respective ticket provider (e.g. Eventfrog) apply.
1.2 The customer's terms and conditions shall only apply if they have been expressly agreed in writing in advance.
2. Conclusion of contract & liability
2.1 By purchasing a ticket for an event organized by HIGH PEAK PRODUCTION GMBH, the customer enters into a contract with HIGH PEAK PRODUCTION GMBH for the services specified on the ticket. A contract is also concluded by the acceptance of a written application by HIGH PEAK PRODUCTION GMBH; if the customer/organizer confirms or reconfirms an application in writing (including by email) or receives an application from HIGH PEAK PRODUCTION GMBH in writing. An offer from HIGH PEAK PRODUCTION GMBH is valid for 14 days, unless another period has been agreed. After this period has expired, the offer expires. HIGH PEAK PRODUCTION GMBH reserves the right to withdraw the offer before this period has expired. There is no corresponding period for the purchase of tickets.
2.2 HIGH PEAK PRODUCTION GMBH is liable without limitation for direct and proven damages resulting from an intentional or grossly negligent breach of HIGH PEAK PRODUCTION GMBH's obligations under these Terms and Conditions or under the contract by HIGH PEAK PRODUCTION GMBH. HIGH PEAK PRODUCTION GMBH is committed to providing the greatest possible security, but cannot accept any liability for damages of any kind (e.g. but not limited to: liability of HIGH PEAK PRODUCTION GMBH for slight negligence as well as for indirect or consequential damages (in in particular, but not exclusively, lost profits); liability of HIGH PEAK PRODUCTION GMBH for content on websites of ticketing providers and other third parties that refer to the events of HIGH PEAK PRODUCTION GMBH or to which the websites of HIGH PEAK PRODUCTION GMBH refer). The above exclusions of liability of HIGH PEAK PRODUCTION GMBH do not apply to culpable injury to life, body and health caused directly by HIGH PEAK PRODUCTION GMBH, as well as in the case of mandatory legal provisions of the Product Liability Act.
HIGH PEAK PRODUCTION GMBH shall not be liable for any intentional or negligent breach of contractual obligations by third parties (e.g. ticketing providers). HIGH PEAK PRODUCTION GMBH is entitled to involve third parties in the fulfillment of its contractual obligations. HIGH PEAK PRODUCTION GMBH shall not be liable for any damages caused by auxiliary persons of HIGH PEAK PRODUCTION GMBH or third parties. Should disruptions or defects in the services of HIGH PEAK PRODUCTION GMBH occur, HIGH PEAK PRODUCTION GMBH will endeavor to remedy the situation as soon as it becomes aware of it or upon the customer's immediate complaint. The customer is obliged to contribute what is reasonable for him to eliminate the disruption and to minimize any possible damage. Furthermore, the customer is obliged to inform HIGH PEAK PRODUCTION GMBH in good time of the possible occurrence of damage.
2.3 The customer is liable without limitation to HIGH PEAK PRODUCTION GMBH for direct and proven damages caused by unlawful intent or gross negligence. The ticket purchaser's liability to HIGH PEAK PRODUCTION GMBH is excluded for slight negligence.
2.4 The organizer points out that even with the complete implementation of an appropriate protection and hygiene concept and compliance with all necessary hygiene measures, an infection of the visitor with the coronavirus (SARS-CoV-2) or other pathogens cannot be completely ruled out.
3. Purchase contract for tickets for events (festival, concert, show, party)
By ordering the ticket, the customer enters into a contract with HIGH PEAK PRODUCTION GMBH for the services specified on the ticket, provided that HIGH PEAK PRODUCTION GMBH is the organizer of the specified services. By purchasing the ticket, the customer acknowledges the safety, access, age and other implementation regulations and acknowledges that they may be excluded from the event without compensation if they fail to comply with these regulations. The contract between HIGH PEAK PRODUCTION GMBH and the customer is only concluded when HIGH PEAK PRODUCTION GMBH or the ticketing provider sends or activates the tickets to the customer. Further and/or deviating conditions of the ticketing provider regarding the conclusion of the contract take precedence over this clause.
3.1 The ticket purchaser acquires the right to purchase the services and to enter and attend the event in accordance with the order confirmation or ticket imprint. Safety, access and age regulations are noted in the event description or at the official ticket provider (e.g. concerts from 16 years of age or accompanied by an adult). For health reasons, infants are not allowed at any events organized by HIGH PEAK PRODUCTION GMBH. The organizer declines all responsibility or liability for any kind of damage in the event of non-compliance. These regulations also apply when tickets are purchased from third parties. We therefore recommend that you only purchase tickets from the official ticket outlets mentioned on the HIGH PEAK PRODUCTION GMBH website.
3.2 Print@home tickets, mobile tickets and all tickets sent by the ticketing provider (by post or email) are machine-checked at the entrance to the event. If the barcode/QR code on the tickets cannot be read by the electronic access system and the barcode number cannot be deciphered, there is no right of admission to the event. If a visitor is refused for this reason, there is no right to compensation. The first bearer of a Print@home Ticket, Mobile Ticket or E-Ticket will be admitted to the event; after that, the ticket will be blocked for further admissions. Only tickets purchased through an official sales channel are valid. Print@home Tickets may only be printed once, and Mobile Tickets may not be forwarded. Copying, modifying or imitating tickets is prohibited. Tickets must be protected from dirt and damage.
3.3 In the case of personalized tickets, the rules established by HIGH PEAK PRODUCTION GMBH and the respective ticket provider in individual cases apply to personalization (transfer options, admission controls and degree of personalization). As a rule, personalization includes the details of the authorized person on the ticket (imprint). Only the person mentioned on the ticket will be granted access to the booked event. The customer/purchaser is responsible for the completeness and correctness of the personal data and HIGH PEAK PRODUCTION GMBH is in no way liable for damages resulting from the incorrectness or incompleteness of the information. Deviating as well as supplementary regulations for personalization in individual cases in the conditions applicable to an event are decisive.
3.4 During the event, the event visitor is prohibited from making any sound and/or image recordings or other reproducible recordings, unless HIGH PEAK PRODUCTION GMBH has given its prior written consent to such recordings. The exception is non-professional cameras (of mobile phones) are allowed.
3.5 There is no right to a replacement for lost and/or damaged tickets. When leaving the event location, the ticket loses its validity.
3.6
The event visitor may not take any objects to the events whose possession or use could endanger the other event visitors in any way.
3.7 The event visitor undertakes to strictly observe all safety and implementation regulations and all related instructions that HIGH PEAK PRODUCTION GMBH or its auxiliary staff may communicate to him or her in writing or orally before, during or after the event.
3.8 HIGH PEAK PRODUCTION GMBH is entitled A) to refuse the event visitor access to the event without compensation or B) to exclude the event visitor from the event during the event without compensation if the event visitor does not meet the admission requirements, in particular the age limits specified for the event, or if the event visitor, despite being requested to do so by HIGH PEAK PRODUCTION GMBH or its auxiliary staff, fails to comply with the organizer's safety and/or implementation regulations (excessive alcohol and drug consumption will not be tolerated).
3.9. The ticket purchaser acknowledges that there is no right of withdrawal with regard to the completed purchase of the tickets. Tickets cannot be exchanged or returned. The same applies if the date of the event and/or the venue is postponed for any reason. In such cases, the ticket entitles the event visitor to attend the event on the replacement date or at the replacement venue. In case of a definite cancellation of the event for whatever reasons, the ticket in question must be returned within 30 days of the cancellation to the advance booking office where it was purchased/ordered. Only the nominal value printed on the ticket will be refunded without fees, whereby HIGH PEAK PRODUCTION GMBH is entitled to reduce the nominal value or refund amount by a maximum of 10% for objectively justified reasons. No refund will be made in the event of a definite cancellation of an event due to force majeure. Force majeure is deemed to be events that are beyond the reasonable control of either party and prevent HIGH PEAK PRODUCTION GMBH from fulfilling its contractual obligations, namely war, terrorist attacks, strikes, epidemics, pandemics, natural disasters, official restrictions or prohibitions and similar, regardless of whether such circumstances were foreseeable at the time of ticket purchase. Furthermore, force majeure also includes the consequences of an event of force majeure which, in the application of the due diligence of a prudent businessman, make it unreasonable for HIGH PEAK PRODUCTION GMBH to hold the event, even if the event of force majeure has ceased at the time of the event. Any liability of HIGH PEAK PRODUCTION GMBH for any damages incurred by customers as a result of cancellations due to force majeure is excluded. We recommend taking out ticket insurance when purchasing tickets.
3.10. The event visitor acknowledges and agrees that the official ticketing providers (as specified on www.highpeakfestival.ch) accept payment for the ticket order in their own name on the basis of a collection authorization from the organizer and are entitled to dispose of the payment received.
3.11. HIGH PEAK PRODUCTION GMBH cannot guarantee the accuracy and completeness of the event data provided due to the possibility of the ticket distribution system being influenced by transmission errors, technical faults or illegal third-party intervention.
3.12. Any trade in purchased tickets, namely for commercial or business purposes, is prohibited. Violations may result in the loss of the services associated with the purchased tickets and to claims for damages and surrender of profits against the original ticket purchaser and the ticket purchasers. Persons who violate these provisions may be excluded from purchasing tickets.
3.13. The customer agrees that all of his information/data provided to HIGH PEAK PRODUCTION GMBH may be processed by HIGH PEAK PRODUCTION GMBH or affiliated companies (i.e. all companies controlled by HIGH PEAK PRODUCTION GMBHT, controlling HIGH PEAK PRODUCTION GMBH or under common control, if the controlling company can effectively exercise control due to a majority of voting and/or capital rights; the affiliated companies include in particular all partners of HIGH PEAK PRODUCTION GMBH) may be used for marketing and advertising purposes. In all other respects, the use of personal data by HIGH PEAK PRODUCTION GMBH is governed by the data protection declaration (see section 11 below).
3.14. The event visitor is aware and agrees that before/during/after the event, image, sound and film recordings may be made of the audience for the purpose of documenting the event and that these recordings may be used and exploited commercially by the organizer or third parties without compensation. By attending the event, the event visitor irrevocably consents to these recordings of his person and to the use and exploitation (in particular publication and broadcasting) of the recordings without compensation. By attending the event, the event visitor expressly waives the assertion of any related personal rights and claims for compensation.
4. Services, Prices, Payment
4.1 HIGH PEAK PRODUCTION GMBH is obliged to provide the services ordered by the customer and promised by HIGH PEAK PRODUCTION GMBH.
4.2 The customer is obliged to pay the agreed prices of HIGH PEAK PRODUCTION GMBH for these and other services used. This also applies to services and expenses of HIGH PEAK PRODUCTION GMBH to third parties that the customer has arranged, in particular also for claims of copyright collecting societies.
4.3 The agreed prices include the respective statutory value added tax.
4.4 Invoices from HIGH PEAK PRODUCTION GMBH are payable without deduction by the stated due date. If no due date is mentioned, the invoice is to be paid within 10 days. Upon the due date, HIGH PEAK PRODUCTION GMBH is entitled to demand the applicable statutory default interest. HIGH PEAK PRODUCTION GMBH reserves the right to prove higher damages.
4.5 HIGH PEAK PRODUCTION GMBH is entitled to demand an appropriate advance payment at any time. Tickets are usually paid for in advance. The amount of the advance payment and the payment dates are agreed in writing in the contract.
4.6 In justified cases, e.g. the customer's payment arrears or an extension of the scope of the contract, HIGH PEAK PRODUCTION GMBH is entitled, even after the contract has been concluded and up to the start of the event, to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
4.7. The customer's claims cannot be offset against HIGH PEAK PRODUCTION GMBH's claims, regardless of the legal basis.
5. Right of withdrawal
5.1. The customer's withdrawal from the contract concluded with HIGH PEAK PRODUCTION GMBH free of charge
requires the written consent of HIGH PEAK PRODUCTION GMBH. If this is not provided, the agreed advance payment from the contract must be paid in any case. There is no right of withdrawal for tickets in accordance with section 3 of the terms and conditions and the consequences of a possible definitive cancellation of the event are based exclusively on section 3 of the terms and conditions.
5.2 Insofar as HIGH PEAK PRODUCTION GMBH and the customer have agreed in writing on a date for withdrawal from the contract at no cost, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by HIGH PEAK PRODUCTION GMBH. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to HIGH PEAK PRODUCTION GMBH by the agreed date.
6. Withdrawal from the contract by HIGH PEAK PRODUCTION GMBH
6.1 If a right of withdrawal free of charge for the customer within a certain period has been agreed in writing, HIGH PEAK PRODUCTION GMBH is entitled to withdraw from the contract during this period. The customer has no right of withdrawal for tickets. Any consequences of a definite cancellation of events for ticket holders are governed exclusively by section 3 of these terms and conditions.
6.2 If an agreed advance payment or an advance payment demanded in due time in accordance with Article 4.5 above is not made, HIGH PEAK PRODUCTION GMBH is also entitled to withdraw from the contract.
6.3 Furthermore, HIGH PEAK PRODUCTION GMBH is entitled to withdraw from the contract for good cause, for example if:
• force majeure (such as war, terrorist attacks, strikes, pandemics, epidemics, official prohibitions or restrictions, natural disasters or similar; the provisions of section 3.9 apply mutatis mutandis) or other circumstances beyond the control of HIGH PEAK PRODUCTION GMBH make it impossible to fulfill the contract;
• a contract has been concluded under misleading or false statements of material facts on the part of, for example, the customer or for the purpose of;
• the customer/contractual partner violates the provisions of the contract or these terms and conditions and such violation continues despite a written warning (e-mail) from HIGH PEAK PRODUCTION GMBH.
6.4 If HIGH PEAK PRODUCTION GMBH withdraws from the contract for good cause, the customer/contractual partner is not entitled to claim damages.
7. Bringing food and drinks
The customer is not allowed to bring food or drinks to events.
8. Technical equipment and connections
8.1 Insofar as HIGH PEAK PRODUCTION GMBH procures technical or other equipment from third parties for the customer/contractual partner at the customer's request,
it acts in the name, on behalf and for the account of the customer/contractual partner. The customer/contractual partner is liable for the correct treatment and handling and the proper return. He releases HIGH PEAK PRODUCTION GMBH from all claims of third parties arising from the provision of these facilities.
8.2. The use of the customer's own electrical equipment using the HIGH PEAK PRODUCTION GMBH power supply requires the written consent of HIGH PEAK PRODUCTION GMBH. Any faults or damage to the technical equipment of HIGH PEAK PRODUCTION GMBH caused by the use of such equipment shall be at the customer's expense, provided that HIGH PEAK PRODUCTION GMBH is not responsible for such faults or damage. HIGH PEAK PRODUCTION GMBH may charge a flat rate for the electricity costs incurred as a result of such use.
8.4 If the equipment of HIGH PEAK PRODUCTION GMBH remains unused because the customer has connected their own equipment, a charge may be made for lost revenue.
8.5. There is a smoking ban on all HIGH PEAK PRODUCTION GMBH premises for all events. Non-compliance with this regulation may result in exclusion from the event.
9. Loss of or damage to items brought along
9.1. Exhibition and other personal items brought along can be placed in the event rooms (e.g. in a cloakroom) at the customer's risk. HIGH PEAK PRODUCTION GMBH assumes no liability for loss or damage, including financial loss, except in cases of gross negligence or intent on the part of HIGH PEAK PRODUCTION GMBH. This does not apply to damages resulting from injury to life, limb or health.
Material brought in must meet fire safety requirements at all times. HIGH PEAK PRODUCTION GMBH is entitled to demand official proof if necessary. If such proof is not provided, HIGH PEAK PRODUCTION GMBH is entitled to remove material that has already been brought in at the customer's expense. Due to the risk of damage, the installation and attachment of objects must be coordinated with HIGH PEAK PRODUCTION GMBH at an early stage.
9.3. Exhibition and other items brought in by the customer must be removed immediately after the end of the event. If the customer fails to do so, HIGH PEAK PRODUCTION GMBH may remove and store the items at the customer's expense. If the items remain in the event room, HIGH PEAK PRODUCTION GMBH may charge a reasonable compensation for use for the duration of the stay. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.
10. Liability of the customer for damages
10.1. The customer/organizer is liable for all damages and losses to rooms,
facilities, furniture and the surrounding area caused by himself, his employees, assistants, guests or other third parties under his control. The customer is obliged to report the end of the event in good time to the HIGH PEAK PRODUCTION GMBH duty manager or technician so that the equipment provided by HIGH PEAK PRODUCTION GMBH and rented from third parties (including music equipment) can be checked and put away. The organizer is liable for defective or missing equipment.
10.2 HIGH PEAK PRODUCTION GMBH is only liable to the customer for intentional or grossly negligent contractual or non-contractual damages. The customer is responsible for proving fault. Any further liability (slight, medium negligence; causal liability) is excluded.
10.3 The customer is responsible for all necessary insurance and permits/requirements. HIGH PEAK PRODUCTION GMBHT can demand proof of this insurance. The organizer shall adequately insure any property brought in at his own expense. HIGH PEAK PRODUCTION GMBH declines all liability.
11. Data protection declaration
The use of personal data is regulated in the data protection declaration. The data protection declaration is an integral part of these terms and conditions.
12. Final provisions
12.1. Amendments or supplements to the contract, the acceptance of offers or these terms and conditions, as well as the waiver of the written form, must be made in writing. The subsequent adjustment of these terms and conditions by HIGH PEAK PRODUCTION GMBH, which is possible at any time without further ado, is excluded from this. Changes to the terms and conditions by HIGH PEAK PRODUCTION GMBH will be made available on the website (highpeakfestival.ch) and will come into force as soon as they are activated. Unilateral changes or additions by the customer are ineffective.
12.2 The place of performance and payment is the registered office of HIGH PEAK PRODUCTION GMBH.
12.3 These GTC and the contracts concluded on the basis of these GTC are subject to Swiss law, excluding the conflict of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The customer/organizer recognizes Zurich as the exclusive place of jurisdiction for all legal disputes with HIGH PEAK PRODUCTION GMBH. However, HIGH PEAK PRODUCTION GMBH is entitled to prosecute the customer at the customer's domicile.
12.4. Should individual provisions of these General Terms and Conditions for Events be invalid or void, the validity of the remaining provisions shall remain unaffected. The parties agree to replace the invalid provision with a valid provision that most closely approximates the intended economic outcome; the same applies in the event of an omission.
HIGH PEAK PRODUCTION GMBH, Andermatt, November 2024 Version 01/24