GENERAL TERMS AND CONDITIONS FOR TRACTOR PULLING FÜCHTORF
These General Terms and Conditions (“GTC”) apply throughout the event area for the event period. These GTC apply between the holder of a ticket (“Visitor”) and the organizer, GM Tractor-Pulling GmbH (“Organizer”) for the visit of the “Tractor Pulling Füchtorf” (“Event”).
By purchasing a ticket, the Visitor enters into an event contract with the Organizer and acquires the right to attend the Event. Every visitor agrees to these terms and conditions by purchasing a ticket.
1. Organizer: GM Tractor-Pulling GmbH, Waterort 5, 48336 Sassenberg-Füchtorf, e-mail: email@example.com, management: Tobias Hörstkamp, event management: ppa. Tobias Köckemann
2. Event: The event “Tractor Pulling Füchtorf” consists of the entirety of the competition program as well as the arrangements made directly for this event by the organizer for the arrival, stay and departure of the visitors.
3. Event area: The event takes place on the designated festival area in the district of Warendorf in NRW. The event site includes all areas to which access is only granted with a valid ticket or other access authorization from the organizer, this includes in particular the event area of the town of Sassenberg. This also includes the parking and camping area.
4. Event period: the event begins on 27.04.2024 and ends on 28.04.2024.
5. Consumer: any natural person who purchases a ticket for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
6. Event area: the infield including all areas of the competition or supporting program as well as the forecourt in front of the entrances.
7. Parking and camping areas: The entirety of all parking and camping areas set up for the event, including access routes from the public traffic area and access routes to the event site.
2. Tickets; Prohibition of resale; Contractual penalty
1. Tickets can only be purchased from TicketPAY Europe GmbH in Hamm (www.ticketpay.de) and selected travel partners (“ticket providers”). The General Terms and Conditions of TicketPAY Europe GmbH apply to the purchase. These are available at https://event.ticketpay.de/documents/agb/tc_customer_de.pdf. In addition, general terms and conditions of the respective travel partners may apply.
2. Each purchaser may purchase a maximum of ten (10) tickets. Should a purchaser order more than ten (10) tickets, the organizer reserves the right to have the orders exceeding these limitations cancelled by the ticket provider. Camping tickets are limited to two (2) tickets per buyer.
3. After validation by the Organizer or a company contracted by the Organizer, transfer is not allowed.
4. The sale of tickets for the event takes place exclusively for private, non-commercial use by the buyer. The buyer acquires a personalized visit right per purchased ticket, which is only valid for the person whose name is entered in the designated field on the ticket. All tickets are digital tickets that are transmitted to the visitor digitally or so-called premium tickets that are sent by mail. The ticket can be presented as a printed ticket or as a digital ticket on a mobile device (smartphone or similar)”. Unless the event is sold out, there will also be a ticket sale during the event, Admission will be allowed only with a valid ticket.
5. The transfer of the right to visit to a third party is allowed only with the consent of the organizer. The organizer agrees in principle to the transfer of the visiting right to a third party in case of a legitimate interest, unless
1. The third party is prohibited from entering the premises;
2. The visiting right is offered at a higher price than the nominal price of the ticket. This also applies to fees charged in addition to the nominal price;
3. It is not a private, i.e. a commercial or business resale;
4. The sale is brokered commercially or trade by an unauthorized third party, in particular internet service providers, is carried out via unauthorized third parties or is handled by unauthorized third parties, in particular marketplaces and ticket resellers on the internet (e.g. Ebay) that are not authorized by the organizer;
5. The transfer is directly or indirectly related to advertising measures, unauthorized travel packages, bonus additions or competitions. A transfer or resale without the consent of the organizer leads to the loss of the access authorization without compensation, i.e. the ticket loses its validity in this case and the organizer is entitled to confiscate the ticket without compensation.
6. The purchaser of a ticket undertakes to refer to the transfer restrictions of this clause and the validity of these GTC and to agree to them as part of the contract for each transfer of the right to visit or each resale of a ticket.
7. For each culpable violation of the above conditions of consent, the buyer is obliged to pay a contractual penalty, which the organizer shall determine at its reasonable discretion. The amount of the contractual penalty, which may not exceed EUR 2,500.00, may be reviewed by the purchaser in court for appropriateness. In the event of a breach of the above prohibition, the organizer is entitled to withdraw the right to visit or to confiscate the ticket. This also applies if the ticket was purchased in good faith by a third party.
3. Arrival; Parking; Camping; Cleanliness
1. The StVO applies on the entire event area. It is to be driven on the whole area with adapted walking speed. Unnecessary driving movements on the site, especially with quads, mopeds, scooters etc. are prohibited. Except for the arrival and departure. Driving with non-street legal vehicles (self-built) is generally prohibited. Vehicles that are parked outside of designated parking areas or that obstruct passage on driveways or in emergency lanes may be towed away without prior warning. The fees incurred for this will be borne by the party responsible. Bringing individual engines is prohibited.
2. The parking authorization expires if the vehicle is not covered by liability insurance and does not have an official license plate with a valid inspection sticker or has had its operating license revoked for other reasons. The same applies if the vehicle has been parked with defects that are hazardous to the environment or health.
3. Without prior written notification and appropriate consent of the organizer, the event area may not be driven by agricultural tractors, tractors, other heavy (over 7.5t) or agricultural equipment and other heavy equipment (over 7.5t), which is likely to cause serious damage to the ground of the event area. In case of approval by the Organizer, such vehicles shall be parked in assigned areas on the instructions of the Organizer’s staff. The organizer reserves the right to set a fee at its reasonable discretion in accordance with the additional expense and to inform the visitor of this in advance when registering the vehicle. This regulation does not concern teams registered through DTTO or ETPC.
4. Generators up to 2 kW are allowed on the camping area if they are in perfect condition, especially if they do not lose oil or fuel. The operation is allowed until 23:00. A maximum of 5 liters of fuel per vehicle may be carried in additional tanks. All aggregates are to be operated in a technically perfect and maintained condition according to the operating instructions. The operation of gensets and other power sources must be monitored at all times. Only gensets with an approval for the European Union may be used.
5. Environmental protection and the principles of waste avoidance and correct waste disposal are to be observed. The assigned stand area is to be cleared of garbage regularly for fire protection reasons. The garbage is to be collected and the waste is to be disposed of at the garbage collection points set up for this purpose. For garbage collection, additional garbage bags are available free of charge at the entrance to the campsite. Waste water may only be emptied into sinks provided for this purpose. At the end of the stay, the pitches must be left in an orderly condition. The visitor is obliged to take away or properly dispose of all the things brought by him. Especially the own camping equipment has to be completely dismantled and taken away.
6. In case of bad ground and road conditions, driving bans can be ordered for a limited period of time, and for safety reasons, moving to another parking area or temporary stay in the vehicle can be ordered. If the weather situation makes it necessary, a separation of camping and parking may be ordered.
7. The visitors are obliged to inform themselves regularly about the course of the weather and especially about the approach of short-term weather events (thunderstorms, hail, storms, etc.).
8. The camping area must be cleared by 12:00 noon on Monday, 29.04.2024 at the latest.
9. Also prohibited is:
– The use of drones or other flying objects.
– Noise of any kind such as loud music systems during the hours of 11:00 pm and 7:00 am.
– The ignition of fireworks of any kind.
– The lighting of bonfires. Barbecue fires are only allowed in suitable containers.
– The cutting of branches and trees. The damaging party will be held liable for any damage.
Admission; admission control
10. Admission to the event area is only possible with a valid ticket or an intact festival wristband (“Wristband”) or an entrance stamp. The ticket can be presented as a printed ticket or as a digital ticket on a mobile device (smartphone or similar). Visitors who leave the event premises will only be granted renewed admission if they wear a sealed, intact wristband around their wrist or can present an admission stamp on the back of their hand.
11. The wristband is not transferable. Unsealed or tampered wristbands will lose their validity and will be voided. The wristband can be equipped with digital and contactless payment capability by the organizer.
12. When entering the event area, a security check can be carried out by the security service on site (e.g. vehicle checks, bag checks). The security service is instructed to carry out a body and bag search of the visitors, especially when entering the infield. The visitors agree to this.
13. The organizer reserves the right to refuse admission to the event area to a visitor for good cause or to exclude the visitor from the event. An important reason is in particular, but not conclusively, the carrying of prohibited objects according to item 8, an obvious heavily intoxicated state of the visitor, if the visitor is obviously under the influence of drugs or the visitor has an obviously homophobic, sexist, racist or inhuman attitude. In case of violation of the protection of minors, admission will also be refused. If there is an aforementioned important reason for the refusal of admission, for which the visitor is responsible, the ticket and wristband lose their validity, the entrance fee will not be refunded.
14. Camping chairs may only be brought along if a so-called “chair ticket” has been purchased in advance. Without this ticket the entrance with chair is not allowed.
15. The entire entrance areas are video-monitored.
4. Prohibited items
1. The following are prohibited on the entire event premises:
2. Weapons of any kind (also in the technical sense),
3. So-called selfie sticks,
4. Flares, pyrotechnical objects, sparklers, sky lanterns,
5. Vuvuzelas, megaphones,
8. Bulky waste (old sofas, armchairs, building material, wood, etc.)
9. Shirts of bands with anti-constitutional background, especially if they are under observation of the Office for the Protection of the Constitution or are affected by bans due to anti-constitutional publications; as well as
10. Dangerous objects of any kind, unless they are objects of daily use that are socially customary and used for their intended purpose;
11. Without prior written permission, photographic, film, video cameras or other recording devices which, by their equipment, type and size, are obviously not intended solely for private use.
12. The use of drones or other flying objects.
13. Noise of any kind, such as loud music systems during the hours of 23.00 and 7.00. The ignition of fireworks of any kind. 14.
14. The lighting of bonfires. Barbecue fires are allowed only in suitable containers.
15. Cutting of branches and trees. The damaging party will be held liable for any damage.
2. From 23:00 o’clock there is night silence. Music systems and power generators are to be switched off. On Sunday (last day of the event) there is already night rest from 10 p.m. on.
3. Barbecue is allowed, open fire and campfire are prohibited. The unauthorized construction of fireplaces in camping areas or parking lots is prohibited because of the resulting fire hazard. Only tested and technically flawless, commercially purchased charcoal lighters, gas cartridges, gas bottles (only permanently mounted in the camper) and barbecue devices are permitted. All gas appliances must be in a technically perfect condition and comply with German DIN standards. Only gas cartridges (cartridges with valves) with a maximum filling weight of 450g and gas bottles with a maximum filling weight of 5kg may be used. Liquid gas systems installed in vehicles must have a valid gas pressure test. Only barbecue food may be placed on the burning barbecue and nothing other than barbecue food may be thrown onto the glowing coals, in particular no gas cartridges. After grilling, the coals must be allowed to burn out; sudden extinguishing with water produces large amounts of hot water vapor, which causes scalding. It is forbidden to pour charcoal onto the lawn to burn out. In the event of a storm or similar weather conditions, barbecuing may be prohibited for safety reasons. If a fire breaks out, the security service must be informed immediately, even if the fire could be extinguished by yourself. Gensets up to 2 KW output power are allowed on the parking and camping areas, if they are in perfect condition and especially do not leak oil or fuel. Operation is permitted until 24:00. A maximum of 5 liters of fuel per vehicle may be carried in auxiliary tanks. Aggregates are to be used in technically perfect condition. Only tested aggregates approved in the Federal Republic of Germany may be put into operation.
4. Photography for private use with cell phones is permitted. The personal rights of third parties must be respected at all times. The production of film or sound recordings of any kind as well as their publication online or offline without the permission of the organizer are prohibited.
5. Visitors who culpably violate the aforementioned rules of conduct or the rules of conduct may be expelled from the event premises by the organizer and banned from entering the premises. If a visitor commits or tries to commit a criminal offence at the Tractor Pulling Füchtorf (e.g. drug trafficking, bodily harm, theft, sexual assault etc.), the visitor will be expelled from the event premises immediately and without warning and the facts will be reported to the police.
6. If there is an important reason as mentioned above and the organizer expels the visitor from the venue, the ticket and the wristband lose their validity and the entrance fee will not be refunded. Anyone who culpably violates these GTC is liable to compensate the organizer for the resulting damage.
7. The traffic, escape and rescue/fire protection routes are marked by barrier tape – no parking or camping is allowed on these. In case of violation, clearing or towing will be charged.
5. Cancellation or termination of an event; program changes
1. If the Tractor Pulling Füchtorf is cancelled, there is a claim against the organizer for reimbursement of the ticket price. Possible advance booking fees of third parties will not be refunded by the organizer.
2. The Tractor Pulling Füchtorf will take place in any weather condition. However, if the weather conditions should cause danger for life, limb or health for visitors, artists or staff, the Tractor Pulling Füchtorf will be cancelled immediately or interrupted temporarily. In this case as well as in case of interruption of the Tractor Pulling Füchtorf for other reasons of force majeure, due to official order or court decision, the visitor has no claim for damages, unless the organizer is liable according to paragraph 13.
3. Due to the SarsCov2 virus and the related Covid19 disease, it is uncertain whether and to what extent events can take place. In the event that the event is cancelled due to an official order because of the SarsCov2 virus, the above sections 10.1.and 10.2 shall apply accordingly if the organizer, after weighing all circumstances, comes to the conclusion that the event must be cancelled due to the SarsCov2 virus, in particular due to a danger to life and limb of the participants in the event or of the visitors, due to entry restrictions of the participants in the event or of the visitors, or due to contract terminations by third parties, such as subcontractors, for whom the organizer is unable to procure a replacement.
4. One ticket entitles the holder to attend a number of concerts and accompanying events on the event premises. In case of program changes, the cancellation of individual shows or program points, the deletion of individual concerts from the program, including so-called headliners, the visitor therefore has no claims against the organizer, as long as the overall character of the Tractor Pulling Füchtorf remains intact. Delays and postponements of individual program points are to be accepted by the visitor. Changes will be announced by the organizer immediately on www.greenmonster.de.
6. Health impairments, in particular due to loud noise.
1. The visitor is aware that at the event, especially at the competition track, the noise level is particularly high and there is a risk of possible damage to health, especially hearing. Visitors are strongly recommended to use suitable hearing protection and to keep sufficient distance to the loudspeaker boxes and tractors, as well as to choose a place in front of the competition track that is compatible with individual hearing habits.
7. Protection of minors
1. The provisions of the Law for the Protection of Young People in Public apply to every event.
2. Children and adolescents up to the age of 16 may only enter the event area in the company of a person authorized to have custody or a person authorized to educate. A person authorized to educate is any person over the age of 18, if he or she performs educational duties permanently or temporarily on the basis of an agreement with the person authorized to educate or if he or she looks after a child or young person in the context of education or youth welfare (§ 1 para. 1 no. 4 JuSchG). Admission is free for children up to and including the age of 9.
3. Children and adolescents under the age of 18 are only allowed to stay in the camping area after 24:00.
4. Persons with parental authority must carry written proof of their authority and show a copy of the identity card of the person with parental authority on request.
5. The organizer is entitled to refuse children and young people admission to the event if there are sufficient indications that the person with parental authority or the person responsible for the child’s upbringing is not fulfilling his or her duty of care to the required extent.
1. The stay on the event area is at your own risk.
2. The organizer, its legal representatives or its vicarious agents shall only be liable in the event of intent or gross negligence.
3. The organizer’s liability for the violation of essential contractual obligations shall remain unaffected by the above limitation of liability, even in the case of simple negligence, however, limited to the foreseeable and contract-typical damage. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the contractual partner regularly relies and may rely.
4. The above limitations of liability do not apply to damages resulting from injury to life, body or health, or insofar as the organizer has fraudulently concealed a defect or assumed a guarantee and for cases of liability under the Product Liability Act.
5. The organizer is not liable for lost or damaged property in accordance with the above limitations of liability. Parking on designated parking spaces or the camping area is at your own risk.
9. Right to own image
1. The organizer and third parties commissioned by it shall be entitled to make image, sound and video recordings of the visitors (“recordings”) within the scope of the events without remuneration for the persons depicted and to use them or have them used comprehensively in all known and future audiovisual media in any way and without any restrictions in terms of time, place and content. This includes in particular the use and exploitation of the recordings in digital form and in online media (in particular on the Internet and there on the organizer’s own website, YouTube channels and social media channels of the organizer and its licensees, agents and legal successors), in print media (in particular magazines, brochures, catalogs, presentations, newsletters, printed and/or collected works), in the form of TV commercials and trailers or in editorial articles, on image and sound carriers of any kind (in particular CD, DVD, BluRay, memory sticks), on other data carriers and in databases, at trade fairs and events and for advertising purposes. This includes in particular the right to use, distribute, exploit, publicly perform, broadcast, reproduce, archive, make available on demand and make publicly accessible the recordings. The recordings may be modified, altered, color processed, edited or used and exploited together with other content such as images, video, audio and text elements as well as graphics as described above. All rights may also be transferred or sublicensed to third parties for the above purposes.
10. Final provisions
1. German law shall apply exclusively.
2. The organizer reserves the right to change these GTC if there is a valid reason for a change. A valid reason exists in particular if the change is necessary in order to (a) respond to legal requirements that came into force after the conclusion of the contract, (b) to a ruling of the highest court or (c) to a change in market conditions in the entertainment and festival industry; (d) to eliminate doubts about interpretation that have arisen; or (e) if an expansion of the offer makes the change necessary. The changes shall be deemed accepted by the Visitor if the Visitor does not object to the changes by sending an e-mail to [-] within a period of one (1) month from the date of receipt of the announcement of the changes. If the User does not agree with the changes, the User shall have the right to terminate the contract without notice until the date on which the changes take effect. In the e-mail announcing the changes, the organizer will separately inform the user of the significance of the four-week period, his right to object to the change, and the legal consequences of his silence. The old GTC shall continue to apply to legal acts that were performed before the changes were made.
3. Should any provision of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions. 4.
4. The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. The organizer is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
By purchasing the ticket, the visitor of the Tractor Pulling in Füchtorf has agreed to the GTC and the camping regulations.