General Terms and Conditions for Public Events
1. Scope
1.1. These General Terms and Conditions (T&Cs) apply to all contracts and services concluded by MBO-Productions GmbH (hereinafter “MBO” or the “Organizer”), in particular for events conducted by MBO and the sale of tickets for these events. This applies regardless of which ticketing provider (such as Eventfrog, Starticket, Ticketportal, Ticketcorner, etc.) was used to purchase the tickets. The terms and conditions of the respective ticketing provider apply in addition.
1.2. The customer's own terms and conditions apply only if expressly agreed in writing beforehand.
2. Formation of Contract & and Liability
2.1. By purchasing a ticket for an MBO event, the customer enters into a contract with MBO for the services specified on the ticket. A contract is also formed by acceptance of a written offer from MBO. Offers from MBO are valid for 14 days unless otherwise agreed. The offer lapses after this period expires. There is no offer period for ticket purchases.
2.2. MBO is liable without limitation for direct, proven damages resulting from intentional or grossly negligent breach of duty by MBO. Liability for slight negligence, indirect damages, consequential damages (such as loss of profit), and for content on third-party websites is excluded. Exceptions are damages to life, body, and health, as well as mandatory statutory provisions (product liability).
2.3. The customer is liable without limitation for damages caused by gross negligence or unlawful intent. The ticket purchaser's liability for slight negligence is excluded.
2.4. MBO points out that, despite the implementation of a protection and hygiene concept, the risk of infection with the coronavirus (SARS-CoV-2) or other pathogens cannot be completely ruled out.
3. Purchase of Tickets for Events (Concerts, Shows, Parties)
3.1. The ticket purchase between the customer and MBO is concluded when MBO or the ticketing provider activates the ticket. By purchasing a ticket, the customer acknowledges the security, access, and age regulations and accepts that violations may result in exclusion from the event without compensation.
3.2. Print@home, mobile, or e-tickets are scanned electronically upon entry. The first holder of the ticket is granted admission; the ticket is then blocked. There is no right to admission or compensation in the event of an illegible barcode/QR code.
3.3. Personalized tickets are restricted to the person named on the ticket. The customer is responsible for the accuracy of the personal details.
3.4. Professional photo and video/audio recordings are prohibited without the prior written consent of MBO, with the exception of small, non-professional cameras (e.g. mobile phones).
3.5. There is no entitlement to replacement for lost or damaged tickets.
3.6. Items that could endanger other attendees may not be brought onto the premises.
3.7. Event attendees must comply with the safety and operational instructions of MBO or its representatives.
3.8. MBO may refuse admission to or remove attendees who do not meet the entry requirements or who violate the regulations.
3.9. Tickets can neither be exchanged nor returned, including in the event of date or venue changes. In the event of a definitive cancellation, the ticket must be returned to the point of sale within 30 days. A refund will only be issued for the face value of the ticket excluding fees, and may be reduced by up to 10%. No refund will be issued in cases of force majeure (e.g. natural disasters, pandemics).
3.10. The event attendee acknowledges that ticketing providers accept payments on behalf of MBO.
3.11. MBO assumes no liability for technical malfunctions in the ticket distribution system.
3.12. The commercial resale of tickets is prohibited. Violations will result in forfeiture of ticket rights and may give rise to claims for damages.
3.13. The customer consents to the use of their data for marketing purposes by MBO. MBO's privacy policy is an integral part of these T&Cs.
3.14. The event attendee consents to the recording and commercial use of photo and video/audio footage taken during the event.
4. Services, Prices, Payment
4.1. MBO undertakes to provide the ordered services.
4.2. The customer is obligated to pay the agreed prices. This also applies to third-party services arranged by the customer.
4.3. Prices include statutory value-added tax.
4.4. Invoices are payable within 10 days without deduction. In the event of late payment, MBO is entitled to charge default interest in accordance with Art. 104 of the Swiss Code of Obligations (OR).
4.5. MBO may require advance payments.
4.6. In justified cases, MBO may require a security deposit or advance payment up to the full amount of the fee.
4.7. Set-off of the customer's claims is excluded.
5. Right of Withdrawal
5.1. Free-of-charge withdrawal is only possible with the written consent of MBO. There is no right of withdrawal for tickets.
5.2. If a deadline for free-of-charge withdrawal has been agreed, it must be submitted in writing before that deadline expires.
6. Withdrawal from the Contract by MBO
6.1. MBO may withdraw from the contract if force majeure or other unforeseeable events make performance impossible.
6.2. If an advance payment is not made, MBO is entitled to terminate the contract.
6.3. MBO may terminate the contract without compensation in the event of false statements or breaches of contract by the customer.
7. Bringing Food and Beverages
Bringing outside food and beverages is prohibited.
8. Technical Facilities and Connections
8.1. MBO acts in the customer's name when procuring technical facilities.
8.2. The use of the customer's own electrical equipment requires written consent.
8.3. Malfunctions caused by the customer's own equipment are at the customer's expense.
9. Loss or Damage of Personal Belongings
MBO is not liable for the loss or damage of personal belongings brought onto the premises, unless the damage was caused by gross negligence or intent.
10. Customer Liability for Damages
The customer is liable for all damages caused by them, their guests, or their employees.
11. Privacy Policy
The use of personal data is governed by MBO's privacy policy, which is available on the website.
12. Final Provisions
12.1. MBO may amend these T&Cs at any time and publish the changes on the website.
12.2. The place of performance and payment is MBO's registered office in Zug.
12.3. These T&Cs and all contracts are governed by Swiss law. The exclusive place of jurisdiction is Zug.
12.4. Should any provision of these T&Cs be invalid, the remaining provisions shall remain in force.
