Terms and Conditions of Use, Bayerisches Staatstheater

Public notice of the Bavarian State Ministry for Science, Research and Arts dated 11 March 2009, no. B 2-K1445.3-12b/5135

1. Scope

  • 1.1 The Terms and Conditions of Use regulate the legal relationship between Bavaria's State Theatres in Munich and their patrons. By purchasing an admission ticket or concluding a subscription contract, patrons are deemed to have agreed to these Terms.
  • 1.2 The Terms apply by analogy to the events of the Bavarian Theatre Academy "August Everding" at Prinzregententheater.

2. Scheduled performance starts and admittance

  • 2.1 Only the official weekly or monthly theatre performance schedules announced in the publications of the State Theatres contain binding scheduled starting times for performances. We reserve the right to make changes at short notice. Bavaria's State Theatres assume no guarantee for information contained in other publications.
  • 2.2 The theatres usually open one hour prior to the start of any performance.
  • 2.3 For safety reasons and out of consideration for the artists and other theatregoers, patrons arriving after the start of a performance can only be admitted to the auditorium during a suitable break or interval. Upon commencement of a performance, any claims to booked seats extinguish.

3. Admission prices

  • 3.1 Performances are classified in different price groups. Admission tickets may be spread across several price classes.
  • 3.2 The ticket price includes the contribution toward cloakroom storage and, depending on the text on the ticket, entitlement to use all MVV modes of public transport on the day of the performance, without prejudice to any special provisions applying thereto. Whether theatregoers make use of the service concerned is immaterial to the price.
  • 3.3 Printed programmes, librettos and other services are not included in the ticket prices as a matter of principle.

4. Written bookings

  • 4.1 No later than one month prior to the performance concerned, written bookings are processed irrespective of the order in which they are received. Any later bookings are taken into account in the order of their receipt.
  • 4.2 In the event that the number of tickets ordered in writing exceeds the quotas earmarked for this purpose, restrictions may be placed on the sale of tickets for the performance concerned. The same applies to works that are in particularly high demand and where the performances are scheduled to be held in close succession. Orders received are processed by drawing lots.
  • 4.3 Wherever no credit-card number (with expiry date) or direct-debit mandate is attached to an order, a bill will be issued. The issued bill is a binding commitment for the tickets indicated therein. The billed amount must be received by the box office within the stated term. Otherwise, the tickets may be otherwise disposed of.
  • 4.4 Tickets are always forwarded to the orderer at the latter's risk. At the orderer's express request or if on-time dispatch is impossible, tickets may be collected from the box office (at the start of over-the-counter selling for this performance at the earliest) or, after advance payment, on the night of this performance. When tickets paid for by credit card are collected, the credit card and an ID card must be presented.
  • 4.5 For tickets ordered in writing, a processing fee is charged per ticket.

5. Over-the-counter sales

  • 5.1 Over-the-counter selling at Bavaria's State Theatres commences one month prior to performance at the latest. Wherever, according to this rule, the start of selling falls on a Sunday or public holiday, advance selling commences on the preceding workday. The exact start of advance selling may be found in the various performance schedule announcements.
  • 5.2 The sale of tickets may be restricted pursuant to no. 4.2. Shortly before over-the-counter selling opens in each case, waiting numbers may be issued. The issue of such numbers depends on the uninterrupted waiting time of the prospective buyers or their representatives. Patrons are served at the counter in the order of these numbers.
  • 5.3 Disabled and pregnant patrons may be given preferential treatment.

6. Telephone sales

  • 6.1 Orders may be placed by phone upon commencement of over-the-counter selling.
  • 6.2 Wherever no credit-card number or bank account is stated when placing orders by phone, orders do not become binding until receipt of payment after billing. Tickets must be paid for at the box office by the stated time, but no later than on the day of the performance. Any tickets not paid for on time may be otherwise disposed of.
  • 6.3 Nos. 4.4 and 4.5 apply by analogy.

7. Online selling

  • 7.1 Orders may be placed online at the start of over-the-counter selling.
  • 7.2 Tickets ordered online can only be paid for by credit card or direct debit (option not available to first-time orderers). Gift vouchers or subscription value coupons and customer credit balances cannot be redeemed in the case of orders placed online.
  • 7.3 Nos. 4.4 and 4.5 apply by analogy.

8. Privacy policy

  • 8.1 Personal order data are collected, processed, stored and used in compliance with the requirements of data-protection law to the extent necessary for preparing and performing the contract.
  • 8.2 Wherever the customer has given his consent thereto upon registering, personal data may also be used, in addition to performance of the order, for customer-service purposes and for informing the customer of the State Theatres' other offerings.

9. Reduced admission prices

  • 9.1 Subject to specifications, the Bavarian State Ministry for Science, Research and Arts grants reduced admission charges to subscribers, theatregoer organizations, wheelchair users and their escorts, groups of pupils (school classes with supervising teachers), disabled combat veterans, disabled concentration-camp victims, the visually impaired classified as "BI" and their escorts, escorts of disabled persons classified as "B", students up to age 30, pupils as well as military-service personnel and persons doing community service.
  • 9.2 For events marked as family performances in the schedule, reduced-price tickets are issued at a standard price for all seats to children up to their 14th year of life.
  • 9.3 In other respects, the provisions of the State Theatre concerned on reduced ticket prices apply. In addition, each State Theatre may offer discounts for short periods/specific performances.
  • 9.4 Reduced tickets are only valid in combination with the identification document on which the reduction is based. If the document cannot be presented, the difference between the reduced price and the full admission price must be paid.

10. Return of tickets

  • 10.1 In principle, admission tickets sold cannot be refunded or exchanged. No substitutes are issued for tickets that have expired.
  • 10.2 Changes to the cast and other modifications to the sequence of the performance do not entitle patrons to return admission tickets.
  • 10.3 If a work is performed other than the work that was announced when the ticket was bought, the purchased tickets may be returned at any time prior to the start of performance; in the event of any change announced at short notice or the cancellation of a performance, tickets may be returned within seven days of the original performance date.
  • 10.4 If a performance is abandoned, the admission charge is refunded only if less than half the performance has taken place by such time. The claim to a refund shall lapse unless asserted within five days.
  • 10.5 In the cases of nos. 10.3 and 10.4, further-going claims are excluded.

11. Ticket loss

  • 11.1 In the event of ticket loss, the box office may issue a once-only substitute ticket if the theatregoer can prove or show credibly which ticket was bought, stating the precise seat.
  • 11.2 If both the original ticket and a substitute ticket are presented for the same seat by different theatregoers, the holder of the original ticket has priority over the owner of the substitute ticket. In such a case, the substitute ticket does not give rise to any claim to allocation of another seat.

12. Cloakroom

  • 12.1 Cloakroom (coats, umbrellas, large bags, backpacks, similar bulky objects and image recording devices) shall be handed in to the cloakroom personnel in charge.
  • 12.2 With the issue of a cloakroom ticket, Bavaria's State Theatres are only liable for any loss of, or damage to, items in their safekeeping to the extent that the cloakroom personnel has infringed its storage duties wilfully or with gross negligence. Liability is limited to the current value of all items handed in under one cloakroom ticket, and amounts to max. €500.
  • 12.3 The loss of, or damage to, cloakroom items and the loss of cloakroom tickets must be reported to the cloakroom personnel without delay. Any cloakroom items without cloakroom ticket may only be handed over if it is substantiated that the theatregoer is the entitled recipient. If a cloakroom ticket is lost, adequate monetary compensation may be demanded.

13. Lost property

  • 13.1 Items of any kind found in the playhouses of the State Theatres must be handed in to the cloakroom personnel. The loss of items must be reported to the cloakroom personnel.
  • 13.2 The further treatment of lost property shall be governed by the provisions of secs. 978 ff. of Germany's Civil Code (BGB).

14. Householder's authority

  • 14.1 Bavaria's State Theatres exercise householder's rights in all their playhouses. They are entitled to order house evictions and impose house bans or to take other suitable measures within the scope of this authority. Specifically, patrons may be expelled if they disrupt performances, harass other theatregoers or have materially infringed the Terms of Use in another manner or have done so repeatedly. Access may be denied if there is a justified assumption that the patron will disrupt the performance or harass other theatregoers. The ticket price is not refunded in such cases.
  • 14.2 The patron may only occupy the seat stated on his admission ticket. If he has occupied a seat for which he does not have a valid ticket, the Bavarian State Theatres may charge the difference amount or evict the patron from the performance. No. 14.1, sent. 4 shall apply by analogy.
  • 14.3 Any private offering or resale of admission tickets in the premises or on the property of the Bavarian State Theatres is prohibited.
  • 14.4 Mobile phones, pagers and acoustic signal generators of any type may only be taken into the auditorium if switched off.
  • 14.5 No food or beverages may be brought into or consumed in the auditorium.

15. Prohibition of visual and audio recordings

The production of visual and audio recordings of any kind in the auditorium is prohibited. Any infringements may trigger claims to compensation or measures pursuant to no. 14.1.

16. Commercial reselling

  • 16.1 No commercial reselling of admission tickets is permitted, unless the Bavarian State Theatre concerned has given its prior consent thereto. An access right to a performance is created only by a ticket purchased directly from the State Theatre concerned, from the Central Service of the Bavarian State Theatres or from a third party with the prior consent of the State Theatre concerned.
  • 16.2 This provision shall not affect the resale of tickets without the intent to make a profit. The Bavarian State Theatres and the Central Service may refuse the issue of tickets to persons who commercially trade in tickets without the former's consent or who make tickets available to such persons.
  • 16.3 The Bavarian State Theatres assume no liability for the validity of tickets of other ticket providers or for their services or prices.

17. Liability

In the event of damage sustained by a patron on the premises or on the property of the Bavarian State Theatres, the rule is that the State Theatres, their legal representatives and vicarious agents (Erfüllungsgehilfen) are only liable in the case of wilful action and gross negligence. This liability limitation shall not apply to claims based on injury to life, limb and health.

18. Special provisions

The State Ministry for Science, Research and Arts may make arrangements departing from the above provisions.

19. Effective date

These Terms and Conditions of Use become effective on 1 April 2009. Upon expiry of 31 March 2009, the Terms of Use dated 8 June 2006 (KWMBl I p. 135, State Gazette no. 26) become invalid.

Dr Friedrich Wilhelm Rothenpieler