CONDITIONS OF USE OF THE BAVARIAN STATE THEATRES
Announcement by the Bavarian State Ministry of Science and the Arts of 25 May 2020Ref.: K.2-K1445.3/3
1. SCOPE OF VALIDITY
1.1 These Conditions of Use regulate the legal relationships between the Bavarian State Theatres in Munich (Bayerische Staatsoper, Bayerisches Staatsschauspiel, Staatstheater am Gärtnerplatz) and their visitors. These Conditions shall apply as agreed when an admission ticket is purchased or subscription agreement is concluded. For subscribers, the respective subscription conditions shall apply as well. The Conditions of Use shall apply for the members of audience organisations, where not otherwise agreed.
1.2 The Conditions of Use shall apply accordingly for events of the Bayerische Theaterakademie August Everding.
2. START TIMES AND ADMISSION
2.1 Only the official weekly and monthly programmes, which are announced in the publications issued by the Bavarian State Theatres, shall include the performances’ start times. The Bavarian State Theatres in Munich reserve the right to short-term modifications without notice. The Bavarian State Theatres do not accept any liability for information provided in other publications.
2.2 The theatres generally open one hour before performances begin.
2.3 When the event begins, the claim to the booked seat shall expire for safety reasons and by way of respect for the event’s performers and other visitors. After the performance has begun visitors may only leave the auditorium when there is a suitable interval.
3. OPENING TIMES
3.1 The box offices and telephone sales shall be open during the times given in the Bavarian State Theatres’ regular publications.
3.2 The box office generally opens one hour before performances begin. This shall also apply for morning and afternoon performances. Only admission tickets for the evening performance shall be sold at the box office. The box office closes when the performance begins.
4. ADMISSION PRICES AND DISCOUNTS
4.1 Performances are assigned to various price categories. Admission tickets are distributed over several seat groups.
4.2 The ticket price covers the fee for using cloakroom facilities, as well as using all MVV public transport on performance day, as printed on the ticket; this applies irrespective of the applicable special stipulations. It is irrelevant whether or not the respective service is used.
4.3 Programmes, librettos and other services are not included in the ticket price by matter of principle.
4.4 Discounts are granted as determined more precisely by the Bavarian State Ministry of Science and the Arts for subscribers, audience organisations, school groups (school classes with supervising teachers), pupils, students under 30, voluntary services (federal voluntary service – German abbreviation: BFD, voluntary social year – FSJ, voluntary ecological year – FÖJ), München-Pass holders, wheelchair users and their companion, people with impaired vision meeting criterion “Bl” and their companion, people disabled by war, people disabled by concentration camps meeting criterion “VB” or “EB” as well as companions of disabled individuals meeting criterion “B”.
4.5 The discount provisions of the respective State Theatre also apply (e.g. for families). Each State Theatre may also run short-term, performance-related discount campaigns.
4.6 Discounted tickets shall only be valid with the ID required for the discount. If such ID is not presented, the difference between the discounted fee and the full entrance fee must be paid.
5. WRITTEN ORDERS
5.1 Written orders by post, fax, e-mail and online order form shall be processed regardless of the order of receipt, at the earliest one month prior to the respective performance. Later orders shall be processed according to the order of receipt.
5.2 Should the demand for tickets exceed the available quota, the issuing of tickets may be limited for the respective performance per order or per customer. The same principle applies for especially coveted performances of works which are performed close together. The written orders received shall be processed by means of lottery.
5.3 If the order is submitted with a credit card number (including that card’s validity date) or SEPA direct debit authorisation, an invoice shall be issued. The issued invoice shall be the binding confirmation for reserving the tickets listed in it. The credited invoiced amount must be received at the box office within the given period. If not the tickets may be allocated elsewhere.
5.4 The tickets are essentially sent to the orderer at their own risk. At the orderer’s explicit request or where punctual sending is not possible the tickets may be collected at the box office (at the earliest when box office sales for this performance begin) or following previous payment at the box office. With collection of tickets paid for by credit card, the credit card and an ID must be presented.
5.5 A processing fee per ticket shall be charged for tickets ordered in writing.
6. BOX OFFICE SALES
6.1 Box office sales begin one month before the performance at the latest. Should the sales start according to this calculation fall on a Sunday or bank holiday, advance sales shall already begin on the preceding workday. The precise advance sales start is provided in the respective programme announcements.
6.2 Ticket provision may be limited (see item 5.2). Queue numbers may be issued shortly before box office sales open. Queue numbers shall be given out according to the uninterrupted waiting time of those intending to purchase or their representatives. Tickets shall be allocated in the order of these numbers.
6.3 People with severe disabilities, pregnant women and those with small children may receive preferential treatment.
7. TELEPHONE SALES
7.1 Telephone sales are possible when box office sales begin (see item 6.1).
7.2 Where a credit card number or bank details for the SEPA direct debit are not given on the telephone, the orders shall only be binding on receipt of the invoice payment. The tickets must be paid for at the box office by the given time, at the latest however, on the day of the performance. Tickets that are not paid for on time may be allocated elsewhere.7.3Items 5.2, 5.4 and 5.5 shall apply accordingly.
8. ONLINE SALES
8.1 Online sales shall be possible when box office sales begin.
8.2 Payment with online purchasing shall be possible by credit card, with an immediate bank transfer, a SEPA direct debit (not for first-time orders) or by redeeming gift vouchers. Customer credits may not be redeemed with online purchases.
8.3 Items 5.2, 5.4 and 5.5 shall apply accordingly.
8.4 With use of the TicketDirekt method the tickets bought shall be sent electronically to the buyer to download the TicketDirekt admission tickets in PDF format. The personalisation of the TicketDirekt admission ticket with name and date of birth serves to protect the customer, to prevent unlawful reproduction. Combined with an ID it entitles the holder to MVV transport free of charge on performance day.
8.5 When presented at admission the TicketDirekt admission tickets printed by the buyer must be free of damage, dirt or other impairments that would prevent, impede or make admission control impossible. Should there be such damage, dirt or other impairments, neither a right to admission nor reimbursement of the amount paid by the buyer shall be possible. This shall also apply if TicketDirekt admission tickets are lost.
8.6 Any reproduction, copying, changing or forgery of TicketDirekt admission tickets and any electronic further processing of the PDF file shall be explicitly forbidden.
8.7 Provision of TicketDirekt for every performance shall not be obligatory.
9. DATA PROTECTION REGULATIONS
9.1 The collection of personal data with orders and purchases shall be made via communication media while complying with data protection law and shall be required for initiating and concluding the contract.
9.2 Where the customer has specifically consented to this, in addition to being used for the completion of the order, personal data shall also be used for the purposes of customer care and the customer shall also be informed about further offers of the Bavarian State Theatres. The customer may revoke this consent at any time.
9.3 The respective data protection statements of the following institutions are also referred to:• Zentraler Dienst der Bayerischen Staatstheater• Bayerische Staatsoper• Bayerisches Staatsschauspiel• Staatstheater am Gärtnerplatz• Bayerische Theaterakademie August Everding
10. TICKET RETURN
10.1 Sold admission tickets may not be returned or changed as a matter of principle. A right of revocation does not apply with contracts to provide services connected with leisure activities, if the contract is intended for provision for a specific date or period (§ 312g, section 2, clause 1, item 9 of the German Civil Code, “BGB”). Each order of admission tickets shall then be binding immediately after confirmation by central ticket sales and according to the current regulations obliges acceptance and payment of the ordered tickets.
10.2 Expired tickets shall not be replaced.
10.3 Cast changes and other changes to the performance arrangement shall entitle neither the return of admission tickets nor a part refund of the admission price.
10.4 Should another work be performed in place of the work announced when the admission tickets were purchased, the tickets may be returned before the performance begins; with short-notice changes to or cancellation of a performance, a return shall be possible within seven days after the original performance date.
10.5 Should the performance be discontinued, the admission charge shall only be refunded if the performance had not reached the end of the first half. The refund claim shall expire if not made with within five days.10.6In the cases of item 10.4 and item 10.5 further claims shall be excluded.
11. TICKET LOSS
11.1 With loss of an admission ticket a replacement ticket can be issued at the box office against payment of a processing fee (see item 5.5), if the visitor can prove or credibly explain which ticket was lost by naming the exact seat details.
11.2 If both the original ticket and a replacement ticket are presented for the same seat by different visitors, the holder of the replacement ticket shall take precedence over the holder of the original ticket. In such a case the original ticket does not entitle the holder to any claim to assignment of another seat either.
12.1 Cloakroom items (coats, umbrellas, large bags, rucksacks, comparable bulky items and image recorders) must be handed in to the responsible cloakroom staff.
12.2 With the issuing of a cloakroom ticket the Bavarian State Theatres shall only accept liability for loss of or damage to items kept, if the cloakroom staff violated their safekeeping obligations intentionally or due to gross negligence. Such liability shall be limited to the fair value of all items handed in on one cloakroom ticket and shall be no more than EUR 500.
12.3 The loss of or damage to cloakroom items and the loss of a cloakroom ticket must be reported to the cloakroom staff immediately. Cloakroom items may only be given out without a cloakroom ticket if it is made credibly clear that the visitor is the entitled recipient. A reasonable monetary compensation may be requested with loss of the cloakroom ticket.
13. LOST AND FOUND
13.1 Items of all kinds that are found in the State Theatres’ venues are handed in to the cloakroom staff. Loss of items must be reported to the cloakroom staff.
13.2 The further handling of lost and found items is regulated by the stipulations of §§ 978 ff. of the German Civil Code (“BGB”).
14. RIGHTS OF THE VENUE
14.1 The Bavarian State Theatres exercise their right to ask a person to leave their venues. They shall be entitled to exercise requests to leave the venues or buildings or implement other suitable measures according to these rights of the venue. Visitors can in particular be asked to leave performances if they disturb them, bother other visitors and significantly or repeatedly violate the Conditions of Use. Access can be refused if there is a well-founded suspicion that the visitor will disturb the performance or bother other visitors. 5The ticket price shall not be refunded in such cases.
14.2 The visitor may only sit in the seat shown on their admission ticket.
14.3 If the visitor has taken a seat that they do not have a valid ticket for, the Bavarian State Theatres may either charge the differential amount or ask the visitor to leave the performance. The ticket price shall not be refunded in such cases.
14.4 Privately offering or selling on admission tickets on the premises of the Bavarian State Theatres is explicitly forbidden.
14.5 Mobile devices, pagers and acoustic signallers of every kind may only be taken into the auditorium when switched off.
14.6 Taking food and drink into or consumption of such in the auditorium is explicitly forbidden.
14.7 Scooters, bicycles, etc. must be parked outside the theatre building. Mobility aids are permitted in the building in compliance with fire protection guidelines.
15. VIDEO AND AUDIO RECORDING BAN
Video and audio recordings during a performance are explicitly forbidden. 2Violations may result in claims for compensation for damage or measures according to item 14.1.
16. COMMERCIAL RESALE
16.1 The commercial resale of admission tickets is explicitly forbidden, unless the respective Bavarian State Theatre has issued its prior consent. Access entitlement to a performance shall only be granted with a ticket that has been purchased directly from the respective Bavarian State Theatre, central ticket sales or from a third party that has the prior consent of the respective Bavarian State Theatre.
16.2 Irrespective of this regulation, the resale of tickets shall always be without the intention of making a profit. The Bavarian State Theatres and central ticket sales may refuse provision of tickets to people that deal with tickets commercially without their consent or who make tickets accessible to such people.
16.3 The Bavarian State Theatres shall not accept liability for the validity of the tickets of other ticket providers or for their services or prices.
For damages suffered by a visitor in the buildings or on the premises of the Bavarian State Theatres, the Bavarian State Theatres, their legal representatives and their vicarious agents shall only accept liability in cases of intent and gross negligence. This liability limitation shall not apply to claims arising from injury to life, body and health.
18. SPECIAL REGULATIONS
The Bavarian State Ministry of Science and the Arts may introduce regulations that differ from the regulations listed here.
19. ENTRY INTO FORCE, ABROGATION
These Conditions of Use shall enter into force on 1 June 2020. After 31 May 2020 the Conditions of Use of the Bavarian State Theatres of 13 February 2015 (KWMBl. p. 12) shall abrogate.