4.1 For the Long Night of Museums Berlin the tickets are personalised, which means that only the holder of the right of attendance may be admitted to the event. Her or his name is an integral element of the online ticket. You undertake to purchase and use your ticket(s) solely for your own private use. Clause 3.1 applies. The forename and surname you have given when registering will be automatically included on the online ticket. If it possible for you to order more than one personalised online ticket, you will be asked during the order process, and will be obliged, immediately while making the purchase to truthfully give the forename(s) and surname(s) and email address(es) of the additional person(s) for whom the personalised tickets are to be issued. The legal transaction stands and falls upon the punctual, immediate and truthful statement of the various ticketholders upon purchase, as the tickets will then be issued immediately under the names given by you during the purchase process (“relative Fixschuld” (debt in relation to a transaction to be carried out at a specifically defined time)). Breach of the duty to give the various names results in considerable additional work for Kulturprojekte Berlin due to subsequent enquiries about name changes as well as to conflicts during ticket inspections at the door on admission to events. If, in contravention of the foregoing provision, the same name is given several times while purchasing tickets Kulturprojekte Berlin reserves the right to withdraw from the contract on the grounds mentioned without having to set any deadline (Section 323 (2) No. 2 of the Civil Code (BGB – Bürgerliches Gesetzbuch). You will also be asked to confirm that you are entitled to personalise the ticket or tickets in the name(s) of a third party or of third parties. In such cases the contract is entered into only between you and Kulturprojekte Berlin. The other persons named by you will merely be beneficiaries of the contract and will have their own right to attend the event (Section 328 et seq. BGB).
4.2 Entitlement to attend the event exists only on the basis of the contract you have entered into with Kulturprojekte Berlin (clause 2.1). Your name must also be on the online ticket. Third parties for whom you have purchased personalised online tickets are also entitled to attend the event on the basis of the contract entered into between you and Kulturprojekte Berlin. The name of each third party must be on their ticket. Persons who have acceded to the contract with Kulturprojekte Berlin in accordance with clause 4.4 are also entitled to attend the event. The name of such person must be on their ticket. Attending the event is also conditional upon you or the person for whom you have ordered online tickets or who has acceded to the contract with Kulturprojekte Berlin in accordance with clause 4.4 showing your or their valid passport, personal ID card or driving licence when asked to do so at the door. No right whatsoever may be derived from the contract to visit any certain museum at any certain time during the event period. Kulturprojekte Berlin would point out that there may be restrictions at any time caused, for example, by a high number of visitors. Kulturprojekte Berlin also points out that you can visit other participating museums and locations instead or visit the desired museum at a later time.
4.3 Kulturprojekte Berlin is not obliged to ask for these documents to be shown at the door to check the entitlement of the ticketholder. Kulturprojekte Berlin is also freed from its duty of performance vis-à-vis its contract partner if a different person procures admission to the event by showing the online ticket. Only one person is entitled to attend the event per online ticket.
4.4 You may only assign your rights and duties under the contract with Kulturprojekte Berlin (including the right to demand admission to the event) if the third party in question accedes to the contract by assuming all the associated rights and duties in your place. Such accession requires the consent of Kulturprojekte Berlin, which is herewith given in advance, subject to the limitations set forth in clause 4.5:
4.5 For reasons of fairness, to prevent the resale of tickets at exorbitant prices and prevent any associated damage to the reputation of Kulturprojekte Berlin, the consent of Kulturprojekte Berlin to the accession of a third party to the contract with the event organiser pursuant to clause 4.4 will not be given in the following cases:
a) if, without the express prior permission of Kulturprojekte Berlin, online tickets are passed on or resold or if online tickets are purchased on behalf of a third party if this is within the scope of trade or commercial activities;
b) if online tickets are sold in internet platforms which are not authorised by Kulturprojekte Berlin;
c) if online tickets are sold at a price which exceeds the purchase price of the ticket plus any expenses otherwise incurred by the seller on account of the purchase or resale of the ticket;
d) if online tickets are sold for the purpose of making a profit or purchased in the name of a third party for the purpose of making a profit from the brokerage activities;
e) if online tickets are passed on or sold for the purposes of advertising or marketing, as a bonus, promotional gift or prize or as part of a hospitality or travel package that Kulturprojekte Berlin has not authorised; or
f) if online tickets are sold without reference being made to these Terms, especially clause 4.4 and this clause 4.5 hereof.
In such cases both offering and passing on/reselling online tickets is prohibited. Selling online tickets outside the event venue is prohibited without exception.
4.6 Kulturprojekte Berlin may in addition demand from you payment of a contract penalty for each case of culpable contravention of the prohibitions set forth in clause 4.5, including the prohibition of offering online tickets in the cases mentioned in clause 4.5. Kulturprojekte Berlin may set the amount of such a contract penalty at its own reasonable discretion; in case of dispute the contract penalty may be reviewed by a court of law. The amount of the contract penalty is generally based on the current price at which the ticket is offered or resold, but at least, however, on the purchase price of the ticket offered or resold in contravention of clause 4.5. The total contract penalty may not exceed EUR 4,000. This does not affect any further claims for damages or demands for contract penalties for other contraventions of these Terms. Any contract penalty paid will be set off against any claim for damages.
