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general Terms & Conditions

of FILMFEST HAMBURG gGmbH

For the sake of better readability, the text on this website refers to personal designations and individual-related nouns in the masculine form. Any such terms apply in principle to all genders for the purpose of equal treatment. The abbreviated form of the use of language is for editorial reasons only and does not imply any valuation.

Scope of application, additional GTC for purchasing tickets online

  • Subject of these General Terms and Conditions
  • These General Terms and Conditions (in the following referred to as “GTC“) govern the legal relationship between visitors to the FILMFEST HAMBURG 2021 (in the following referred to as “you“) and Filmfest Hamburg gGmbH, Mönckebergstraße 18, 20095 Hamburg (in the following referred to as “FILMFEST HAMBURG“).

 

  • Contract between you and FILMFEST HAMBURG about visits to events
  • When buying tickets online or at a box office/evening box office, you enter into a contract with FILMFEST HAMBURG concerning visits to events. As they only broker ticket sales on behalf of and for account of FILMFEST HAMBURG, no contract is concluded between you and Reservix or the operator of the box office.

 

Program, changes, postponements and cancellations of events

Information on the program and events (cinema, running time) are published on the website and in the public announcements issued by FILMFEST HAMBURG.

FILMFEST HAMBURG is entitled to change starting times or cinema auditorium at any time. In case of unforeseeable events, especially force majeure, FILMFEST HAMBURG reserves the right to change the program and postpone or cancel events.

All tickets remain valid in the event of any changes or postponement. If the venue is changed, you are entitled – depending on availability – to a ticket of the same seating category.

If you are unable or unwilling to attend an event due to a rescheduling (date/starting time) or a change in program, FILMFEST HAMBURG will refund the original cost of the ticket.

 

Purchasing tickets

  • Purchasing tickets at a box office
  • Tickets are on sale from September 16, 2021 at the box offices of the festival cinemas (Abaton, Metropolis, Passage Kino, Studio-Kino), in Levantehaus, Mönckebergstraße 7, 20095 Hamburg and from October 1, 2021 at the CinemaxX Dammtor. Tickets may only be purchased during the regular opening hours of the box offices and sale points as mentioned.

 

  • Purchasing tickets online
  • Tickets may also be booked online via our ticket provider Reservix from September 16, 2021. When purchasing tickets online, the Reservix Terms and Conditions also apply. They are available at https://cdn.reservix.com/AGB/AGB_Ticketkunde_RX_DE.pdf. You must accept the Reservix Terms and Conditions when purchasing tickets online. In case of any contradictions between these GTC and the Reservix GTC, the conditions stated here take precedence over the Reservix GTC.

 

  • Purchase of discounted tickets

When purchasing discounted tickets, you must present proof of eligibility with photo at the box office. Should the box office forgo this – for whatever reason – you are still obliged to present proof of eligibility upon admission to the event in question.

 

  • Reserved tickets / last minute sales
  • Ticket reservations are only possible in exceptional cases and at the discretion of FILMFEST HAMBURG. Ticket reservations are – if possible at all – only possible directly with FILMFEST HAMBURG. If FILMFEST HAMBURG makes ticket reservations, the tickets in question must be picked up and paid for at the box office of the cinema no later than 30 minutes before the starting time. FILMFEST HAMBURG reserves the right to resell the seats for any previously reserved tickets that were not picked up and paid for in time (in the following referred to as “last-minute sales”). In the event of a last-minute sale, the reserved ticket is no longer valid. In this case, the holder of the reserved ticket is not entitled to any compensation or other claims against FILMFEST HAMBURG.

 

  • No right of withdrawal or return

In accordance with § 312g Sec. 2, Sentence 1 No. 9 of the German Civil Code (BGB), consumers have no right of withdrawal in the case of contracts on the subject of providing services in connection with leisure activities if the contract provides for a specific date or period for the provision. Cinema screenings fall into this category. Therefore, please note that the purchase of tickets is exempt from the right of withdrawal.

 

  • No exchange of tickets

Tickets cannot be exchanged.

 

  • No resale of tickets

You may purchase and use tickets for private use only. You are not allowed to purchase tickets for commercial or industrial resale, i.e. resale for profit. With this regulation FILMFEST HAMBURG wants to ensure that as many visitors as possible can purchase tickets at the prices set by FILMFEST HAMBURG.

 

In case of commercial resale, FILMFEST HAMBURG is entitled to invalidate the tickets in question. Holders of commercially resold tickets are not entitled to admission to or attendance at the event in question.

 

  • Special conditions for the Online-Special-Carnet
    The Online Special Carnet (10 tickets) is exclusively available online and only while stocks last. Using the Online Special Carnet, you are permitted to book a maximum of two tickets for a single screening. You may purchase the Online Special Carnet but make your selection of film screenings later. The Online Special Carnet is valid for every screening of the Filmfest Hamburg 2021, except for the opening, closing and the Douglas Sirk Award ceremonies. It is not possible to return Online Special tickets.

 

Visiting the event

    • dmission / No admission after the start of the film screening

    Admission to events is only possible with a valid ticket. You are required to take the seat printed on the ticket of the respective screening. Unless otherwise agreed with FILMFEST HAMBURG in text form, you are not entitled to being admitted to or attend the event by merely presenting an order confirmation or invoice.

    You are not entitled to admission once the film has started. In such a case, the ticket in question is no longer valid.

     

    In accordance with the admission and hygiene regulations of the Hamburg SARS-CoV-2 Containment Ordinance, visitors to any film screening at FILMFEST HAMBURG require one of the following documents in addition to the ticket and a valid photo ID:

     

    • Proof of negative Covid test (official rapid antigen test not older than 24 hours or PCR test not older than 48 hours.)
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    • Proof of Coronavirus vaccination (14 days after completing a full course of vaccination. For those recovered, a single dose of vaccine is sufficient).
    •  
    • Evidence of recovery from Covid-19 (medical or governmental confirmation of a Corona infection overcome in the last six months verified by molecular biology (e.g., PCR test). The test must be at least 28 days old and no more than six months old).

     

    • Concessions and discounts

    If you are using a concession or discounted ticket, you must present proof of entitlement with photo on admission to the cinema.

     

    • Hygiene measures

    In accordance with the Ordinance of the City of Hamburg for the Containment of the Spread of the Coronavirus SARS-CoV-2 dated August 27, 2021 (HmbSARS-CoV-2-EindämmungsVO), the following hygiene guidelines must be observed at all FILMFEST HAMBURG venues:

     

    • Wearing surgical mouth and nose protection

    From the moment of entering the cinema, visitors must wear surgical mouth and nose protection. The mask may only be removed during performances, speeches or lectures by those presenting or performing, and for eating or drinking. The mouth and nose protection shall cover the mouth and nose in a manner that reduces the spread of droplets from coughing, sneezing or talking.

     

    • Minimum distance

    During admission and when buying tickets, food or beverages at the respective sale point, you are required to maintain the minimum distance of 1.5 meters to other persons or groups. Inside the cinema, the checkerboard seating arrangement guarantees the required distance: In the case of single seats, the adjoining seats are kept free. Additionally, the seating is allocated according to a staggered pattern across all rows.

     

    • Contact data collection for the traceability of infection chains.

    In order to attend a screening at FILMFEST HAMBURG, providing personal contact details is mandatory. In the case of online tickets, these contact details must be provided in the course of the purchase. If the cinema tickets are purchased at a FILMFEST HAMBURG box office, you are required to fill out a contact form (available on site) by hand and hand it to the admission staff upon entering the auditorium. Besides the contact form, the cinema also offers digital options for collecting contact data that may be used upon admission to the screening (e.g. the Luca App).

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    The following categories of personal data are processed: name, address, telephone number, starting time and end of the event. The legal basis for the processing of your data is Art. 6 Sec. 1 lit. c of the General Data Protection Regulation (DSGVO) in conjunction with. §§ 7, 18 Sec. 1 HmbSARS-CoV-2-EindämmungsVO. Your data will be treated confidentially and will be used exclusively for the purpose of tracing chains of infection of the SARS-CoV-2 virus. Recipients or categories of recipients of your personal data are the responsible party and the relevant authority of the Free and Hanseatic City of Hamburg (Health Department). The use or disclosure of your data for our own purposes or services, in particular advertising, is excluded. This data will be deleted/destroyed after the retention period of 4 weeks from the date of the event.

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    If your personal data is processed, you are a data subject within the meaning of the GDPR and you have rights against the responsible party. You may demand a confirmation from the responsible party, whether the personal data concerning you is processed and which (including, among other things, the purposes for which the personal data is being processed; categories of personal data; recipients; storage period). Furthermore, under certain conditions you may demand the correction or deletion of your data. You might also have the right to restrict the processing of your data as well as the right to have the data you provided to be supplied in a structured, common and machine-readable format. You have the right to lodge a complaint with a supervisory authority.

     

    • Hygiene concept of the respective cinema

    In addition, the respective hygiene concepts of the cinema in question must be observed. This mainly affects any possibly adapted routes, signage, use of sanitary areas or elevators. The individual hygiene concepts of the cinemas are linked on the FILMFEST HAMBURG website and can be viewed on the cinemas’ websites.

     

    • Exclusion in the case of non-compliance with hygiene measures

    Persons who do not comply with or refuse to comply with the guidelines according to No. 4.3 Sec. (1) – (3) are to be excluded from participating in the event or refused admission to the event.

     

    • Possession of the ticket throughout the event

    You must be in possession of a valid ticket for the entire duration of your visit to the event. Violations of this obligation may constitute a criminal offence and result in claims for damages by the film distribution companies.

     

    • Admission of children and young people to events

    For the protection of children, persons under the age of three are not permitted to attend cinema screenings. Children up to the age of ten may only be admitted if accompanied by a responsible adult. The adult is obliged to supervise the child at all times.

    Children and adolescents are only admitted to film screenings which end by specific times and have been approved for their respective age by the Voluntary Self-Regulation Body for the Film Industry (Freiwillige Selbstkontrolle der Filmwirtschaft, FSK). It is not permitted to take children to films with an unsuitable FSK rating. The age restrictions for the films are on the FILMFEST HAMBURG website.

    In the case of doubt regarding a child’s age, FILMFEST HAMBURG or the respective cinema is entitled as well as obliged to check the age. Without verifiable legitimation, the child or young person is excluded from admission to the respective event.

     

    • Behaviour in the cinema and during the events

    It is not permitted to bring food and drinks into the cinema. It is not permitted to bring bulky or dangerous objects, pyrotechnic devices, weapons, dangerous tools, spray cans, cacophonous instruments, laser pens, bottles, cans, intoxicants and animals – except those required for assistance in case of physical or mental disability.

     

    Smoking is prohibited in all festival cinemas. Mobile phones may not be used in the cinema auditorium during the performance and must be switched to Silent mode.

     

    • Illegal recording

    It is not permitted to carry devices for image, film or sound recording, with the exception of mobile phones. It is also prohibited to record any sound, images or videos of the film screenings or the cinemas/event locations or to transmit or distribute such recordings in whole or in part via the Internet, social networks (Facebook, etc.) or other media (including mobile communications) or to assist other persons in such activities. Any violation will be prosecuted under civil and criminal law.

     

    • House rules / security measures (checks)

    In order to ensure the security and the orderly and smooth running of an event, you are obliged to follow any instructions given by FILMFEST HAMBURG or the staff of the respective cinema. For security reasons, body and bag checks may be carried out upon entering the location.

     

    • Admission refusal / termination of the visit

    FILMFEST HAMBURG and/or the respective cinema operator have the right to refuse your admission or visit to the event location – even after a previously granted admission.

 

Recordings of visitors for public reporting and applications

FILMFEST HAMBURG is entitled for public reporting as well as for self-promotion by commissioned or authorized third parties (e.g. press/media) to independently create film/image, sound or audio recordings of events according to Art. 6 Sec. 1 p. 1 DS-GVO, which may show you as a visitor of the event in question. These recordings can be processed by FILMFEST HAMBURG as well as the respective authorised third parties (e.g. press, other media) according to Art. 6 Sec. 1 p. 1 f) DSGVO, and utilized and publicly reproduced. The same applies if you allow yourself to be filmed and/or recorded directly (e.g. for a visitor interview). Your rights under § 23 Sec. 2 of the German Art Copyright Act remain unaffected.

 

Liability

    • FILMFEST HAMURG is liable to you without limitation for damages resulting from injury to life, body, health or from the breach of an essential contractual obligation (cardinal obligation). Essential contractual obligations are those whose fulfilment is a prerequisite for the proper execution of the contract and on whose compliance the contractual partner relies and may also rely. Furthermore, FILMFEST HAMBURG is liable to you without limitation for damages caused by FILMFEST HAMBURG or its vicarious agents by an intentional or grossly negligent breach of duty.

     

    • In case of simple negligence, FILMFEST HAMBURG is liable – subject to paragraph 1 lit. (1) GTC – for damages resulting from the violation of an essential contractual obligation up to the amount of the contract-typical, foreseeable damage.

     

    • Liability for technical defects

    If major technical defects occur at an event you attended (permanent sound or image disturbances, incomplete film screening, film screening with an interruption of more than 30 minutes caused by technical failure), you are entitled to a refund of the ticket price. Any further claims for damages or other claims are excluded.

     

    • Liability for vicarious agents

    Sections 6.1 and 6.2 GTC apply accordingly to the legal representatives and vicarious agents of FILMFEST HAMBURG if claims are asserted directly against them.

     

    • Limited Limitation of Liability

    The limitations of liability resulting from Sec. 1 and 2 do not apply if FILMFEST HAMBURG has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if FILMFEST HAMBURG has made an agreement with you on the properties and condition.

 

Alternative dispute resolution in accordance
with the Consumer Dispute Settlement Act

FILMFEST HAMBURG is neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board.

 

Collateral agreements / written form

Verbal collateral agreements do not exist. Changes to these terms and conditions must be made in writing.

 

Date: 07.09.2021

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