GENERAL TERMS AND CONDITIONS

 

Racino Rocks

General Terms and Conditions of the Organizer

I. General Provisions

II. Park Regulations

III. House Rules of the Event Area (Infield)

IV. Alternative Dispute Resolution for Consumers

These general terms and conditions (“Racino Rocks Terms and Conditions”) apply to the visit of the Racino Rocks event (“Event”) and apply in addition to any general terms and conditions of our official ticket partners when purchasing tickets to the event. By purchasing and possessing a ticket to the event, the respective person accepts the applicability of the Racino Rocks Terms and Conditions. The event is organized by Live Nation Austria GmbH, Alser Str. 21/9, 1080 Vienna, Austria (hereinafter “we,” “us,” “organizer”).

I. GENERAL PROVISIONS

  1. Purchase of Tickets

Tickets can only be purchased from Ticketmaster GmbH (see www.ticketmaster.at) and Oeticket (CTS Eventim Austria GmbH, see www.oeticket.com). The General Terms and Conditions of Ticketmaster GmbH (“Ticketmaster T&Cs”) and CTS Eventim Austria GmbH (“Oeticket T&Cs”) exclusively apply to the purchase of tickets. These can be accessed under Ticketmaster T&Cs and Oeticket T&Cs. The Ticketmaster T&Cs and Oeticket T&Cs are an integral part of these General Terms and Conditions. In case of conflict between the Racino Rocks Terms and Conditions and the Ticketmaster T&Cs or Oeticket T&Cs, the Racino Rocks Terms and Conditions take precedence.

Each customer may purchase a maximum of ten (10) tickets. If the number of tickets ordered by a customer exceeds ten (10), we reserve the right to cancel orders exceeding this limit through the ticket provider.

  1. Admission / Age Restriction

2.1 Children and adolescents under 14 years of age may attend the event until 10 p.m. without a guardian. With a guardian, admission is permitted until midnight. 2.2 Children and adolescents between 14 and 16 years of age may attend the event until 1 a.m. the following day without a guardian. With a guardian, admission is permitted beyond this time.

  1. Liability of the Organizer

The liability of the organizer for damages of any kind is excluded. This exclusion does not apply to damages caused intentionally or through gross negligence by the organizer, in cases of (simple) negligence of the organizer resulting in injury to life, body, or health, as well as for the negligent violation of essential contractual obligations by the organizer. Essential contractual obligations are all obligations whose fulfillment enables the proper execution of the contract and on whose compliance the visitor regularly relies and may rely. In cases of simple negligent violation of essential contractual obligations, the liability of the organizer – with the exception of damages to life, body, or health – is limited to the damage that was foreseeable for the organizer at the time of conclusion of the contract or commission of the breach. In this respect, the organizer’s liability for damages that are exclusively attributable to the visitor’s risk area is excluded. The foregoing exclusions and limitations of liability also apply to the liability of the organizer for its bodies, employees, and vicarious agents, as well as the personal liability of the organizer’s bodies, employees, and vicarious agents.

  1. Entering and Leaving the Event Venue

Before initially entering the event venue, the admission tickets are completely invalidated. When leaving the venue during the ongoing event, the visitor receives an exit ticket or wristband. To re-enter the event venue, the undamaged exit ticket or wristband must be presented together with the invalidated admission ticket; otherwise, there is no entitlement to re-entry. Alternatively, the organizer may decide to provide each visitor with a wristband before initially entering the event venue. This wristband replaces an exit ticket or wristband and must be worn at all times during the event, together with the admission ticket.

5. Sicherheitskontrollen

5. Security Checks

5.1 Upon entry to the event venue, for reasons of security, order, and waste reduction, a security check including a body search (pat-down) will be conducted by the security service. The organizer is entitled to refuse admission to the event if the visitor carries prohibited items or substances (see Event Site Rules) or poses any other risk to the safety and health of the visitor or other attendees (e.g., aggressive behavior, lack of proof of admission entitlement), or if the ticket used for admission has been invalidated, or if the visitor violates the Racino Rocks Terms and Conditions in any other way.
5.2 We reserve the right to conduct random security checks during the event to ensure its safety.
5.3 If the visitor causes the refusal of admission to the event or removal from the event, there is no entitlement to a refund of the ticket price.
5.4 We reserve the right to refuse admission if a visitor refuses to leave behind items that, in our reasonable estimation, may pose dangers or disturbances to other persons at the event or belong to the non-permitted items listed in the Event Site Rules. The organizer is not obliged to keep the items and assumes no liability for their loss.

6. Image and Sound Recordings at the Event Site

6.1 Only compact cameras and mobile phones with camera function are permitted at the event site, provided they are intended solely for personal, non-commercial use. Therefore, the carrying of single-lens reflex cameras, cameras with zoom lenses, or with any video function is not allowed. Video cameras and audio recording devices of any kind such as tape recorders, MP3 recorders, and dictation machines are also prohibited.

The organizer may refuse admission to the event site if the visitor is not willing to enter the event site without the non-permitted devices. Clause 5.4 applies accordingly.

6.2 All rights to audio and audiovisual recordings of the event are exclusively owned by the organizer for commercial exploitation purposes. No one may record, broadcast, and/or make such recordings publicly accessible for commercial purposes without the prior written consent of the organizer. This includes, in particular, the direct distribution of such recordings via the internet.

7. Exploitation of Audio and Visual Recordings

We film, live stream, and photograph the event, including the audience. By entering the event site, the visitor irrevocably consents to the free use of their image and voice for photographs, live broadcasts, broadcasts, and/or recordings of audio and/or video recordings created by the organizer, its agents, or other third parties in connection with the event, as well as their subsequent exploitation in all current and future media (such as in the form of audio and audiovisual recordings and digital distribution, e.g., via the internet). This means, in particular, that the visitor grants the organizer and its third-party contractors/licensees the unrestricted right, temporally, geographically, and content-wise, to record images, voice, actions, and/or statements of the visitor in any form and configuration without the visitor’s separate consent and to reproduce, broadcast, make publicly accessible, and/or distribute them in any other form for any commercial and non-commercial purposes in media of its choice.
Police or security-related recordings may be made on and around the event site for the safety of visitors or for crime prevention. By entering the event site, the festivalgoer consents to this.

8. Exclusion of Visitors

In the event of a material reason, especially if a visitor commits offenses (e.g., assault, theft, drug dealing, etc.) on the event site, sets off fireworks, or in any other way endangers the organizer’s staff or other visitors (e.g., through crowd surfing or similar activities), the organizer is entitled to exclude the visitor from the event. If the organizer exercises its exclusion right, the admission ticket loses its validity. There is no entitlement to re-entry or refund of the purchase price.

8a. Health Protection Measures in Relation to Covid-19

8a.1 Covid-19, caused by the SARS-CoV-2 virus, is an infectious disease that can have a severe and potentially fatal course. There is a risk of transmission of Covid-19 in any environment where people gather. This risk increases in enclosed spaces and with increasing numbers of people. The World Health Organization (WHO) has emphasized that older people and people with underlying medical conditions are at higher risk. Further information can be found on the WHO website: https://www.who.int/health-topics/coronavirus#tab=tab_1.
8a.2. Based on our individual hygiene concept, we will take appropriate measures to protect health. We reserve the right to require, as a condition of entry to the event:

the provision of truthful contact details of each visitor to ensure contact tracing by the relevant authorities in the event of infection;
presentation or notification of a current (i.e., not older than 24 hours) negative test result for infection with the SARS-CoV-2 coronavirus (we reserve the right to request a PCR test) and/or an officially recognized immunization certificate by the German authorities, subject to applicable data protection regulations; as well as
determining normal body temperature through temperature measurements.
Therefore, we are entitled to refuse entry to the event without obligation to refund if a person does not meet the conditions listed in clauses 8a.2.a. to c. as well as in the event that it is found that a person is obligated to isolate (quarantine) due to an official order or law.
This also applies in the following cases where the respective person may not attend the event:
a. Any person showing typical symptoms of a Covid-19 infection (e.g., new persistent cough, fever, loss of taste or smell);
b. Any person with a current Covid-19 infection confirmed by testing.
8a.3 In addition, the applicable regulations and recommendations of the competent authorities must be observed when conducting the event to prevent the transmission of SARS-CoV-2. All visitors are expected to comply with the regulations and recommendations and, where applicable, follow the code of conduct, which may be sent to ticket buyers shortly before the event and displayed on site. This may include the following measures:
Wearing a face mask on the event site and in the immediate vicinity;
Observing hygiene rules (e.g., regular hand washing), other instructions mentioned in the code of conduct, as well as instructions given by us and our event and security staff or the event venue;
Participating in any temperature measurements conducted randomly.
8a.4. In case of non-compliance with the above measures, we are entitled to exclude the respective visitor from the event.
8a.5. Visitors should visit the event website well in advance of the event for further information on protective measures.
8a.6 Despite the reasonable measures we have taken, the risk of transmission cannot be completely eliminated. When attending an event, visitors assume the risk associated with Covid-19 themselves. Accordingly, our liability for damages is excluded. Clause I.3 Paragraph 1 remains unaffected.

9. Hearing and Other Health Damage

The festivalgoer is aware and agrees that music events involve a high level of noise and that pyrotechnics, lasers, smoke machines, strobe lighting, or other special effects may occur during some performances. The organizer is liable for hearing and other health damage of visitors only if the organizer and its agents act with intent or negligence or if the organizer has culpably failed to fulfill its duty of care. The visitor must avoid close proximity to the speakers and must strictly observe any barriers. The use of ear protection is strongly recommended by the organizer, especially near the stages.
The event takes place outdoors. It is strongly recommended to bring suitable clothing and shoes to protect against possible weather influences.

10. Handling of the Admission Ticket; Prohibition of Commercial Resale, Use

10.1 The admission ticket must be kept carefully and is non-transferable after being invalidated.
10.2 Prohibited Transfer: We sell tickets to visitors exclusively for private, non-commercial use. Any commercial or commercial resale of tickets is prohibited. Commercial ticket sales are reserved solely for us and our authorized advance sales outlets. Customers must not, in particular: (a) offer or sell tickets publicly as part of an auction (e.g., on eBay), (b) offer or sell tickets on Viagogo, StubHub, Ticketbande, (c) offer or pass on tickets at a higher price than the paid price, with a surcharge of up to 15% to cover transaction costs permitted, (d) sell or pass on tickets to commercial or commercial resellers and/or ticket dealers, (e) use or allow the use of tickets commercially or commercially without our prior written consent, e.g., for raffle purposes, for advertising, marketing, as promotional gifts, or as part of an unauthorized hospitality or travel package.
10.3 Permissible Transfer: Private transfer of a ticket for non-commercial reasons, especially in individual cases of illness or other hindrance of the customer, is permitted, provided that it does not constitute prohibited transfer within the meaning of clause 10.2. In this case, the customer may transfer the rights and obligations from the visitor contract to a third party only by having the third party enter into the visitor contract in their place, assuming all rights and obligations. This transfer requires our consent, which is hereby granted under the following conditions: (a) the transfer is a case of permissible transfer as described above in this clause 10.3, (b) the customer expressly informs the new ticket holder of the validity and content of these Racino Rocks Terms and Conditions, and the new ticket holder agrees to the validity of these Racino Rocks Terms and Conditions between them and us. The transfer of individual rights from the visitor contract is excluded in the absence of one of the conditions mentioned in (a) or (b).
10.4 Consequences of Prohibited Transfer: A violation of the above conditions (clauses 10.2-10.3) leads, subject to the imposition of a contractual penalty in accordance with clause 10a, to the loss of the right of access without compensation, i.e., the ticket loses its validity in this case, and the organizer is entitled to confiscate the admission ticket and other admission permits without compensation.

10.5 We do not issue reprints (e.g., in case of loss of tickets). If the ticket has been wholly or partially altered and destroyed, we are entitled to invalidate it.
10.6 Unless expressly stated otherwise during the ordering process, tickets can only be canceled in the event of cancellation or postponement of the event. Clause 12.5 remains unaffected.

10a. Contractual Penalty

10a.1 Prerequisites: In the event of a culpable violation of these Racino Rocks Terms and Conditions, especially against one or more provisions in clauses 10.

  1. Arrival of Visitors/Parking/Allocation of Spaces Visitors are responsible for their own arrival at the event and park their vehicles at their own risk. Wild parking is prohibited and will be pursued by the authorities; vehicles may only be parked in approved parking areas or lots. The road traffic regulations (StVO) apply in these parking areas. Escape and rescue lanes must be kept clear of any obstructions – especially parked vehicles – at all times. Vehicles parked outside designated parking areas or obstructing traffic lanes or rescue lanes may be towed without warning. The costs incurred for this will be borne by the offender. In addition, the regulations of the parking order in Section II of these Racino Rocks terms and conditions apply.
  2. Cancellation/Rescheduling/Program Changes 12.1 The organizer reserves the right to cancel the event without giving reasons up to the start of the event. Therefore, please check our website https://racino-music-summer.at/racinorocks in advance to find out if the event will take place as announced.

12.2 Furthermore, program changes may occur at events of this nature. In the event of the cancellation of individual artists/groups, the organizer will make efforts to find suitable replacements; however, visitors have no claims for compensation due to the cancellation of individual artists/groups. Access to event areas with limited capacity will only be granted within the officially approved audience capacities. If the capacity limit is reached, the organizer may temporarily restrict access without entitling the visitor to a partial refund of the ticket price. 12.3 Our liability in case of cancellation before the start of the event, rescheduling, or other significant changes to the event is limited to refunding the face value of the ticket. Personal arrangements made by the ticket holder, including travel and accommodation related to the event, are at their own expense and risk. In these cases, we do not accept liability beyond refunding the face value of the ticket, especially for expenses incurred in vain. The limitations of liability in this regard are subject to the restrictions outlined in Section I.3 accordingly. A significant change occurs when a change takes place that makes the event significantly different from what a ticket buyer could reasonably expect. A change in artists in the event lineup does not constitute a significant change in this sense. 12.4 If the event is rescheduled or a significant change occurs, a refund of the ticket price can only be made if the refund request (and possibly return of the ticket) is received by us or our ticket partners in a timely manner. Such refund requests must be received by us no later than 24 hours before the start of the replacement date for the event or the significantly changed event. 12.5 In the event of cancellation or interruption of the event, the organizer will endeavor to reschedule the event as soon as possible and reasonably practicable. If the event is rescheduled or rescheduled in the event of cancellation or interruption, tickets for the event remain valid.

  1. Closure/Evacuation of Areas For safety reasons, the organizer may temporarily or completely evacuate and close individual areas of the event grounds without this entitling the visitor to a partial refund of the ticket price. Visitors must immediately comply with the instructions of the organizer or the instructions of persons and companies commissioned by them, especially to prevent danger to life or limb.
  2. Weather Conditions The event will generally take place in all weather conditions. However, the organizer reserves the right to interrupt or cancel the event at any time in case of weather-related risk to visitors. In the event of such an interruption of the event, visitors have no claims for full or partial refund of the ticket price.
  3. Notices/Instructions In addition to the parking regulations, the current notices and instructions of the on-site security personnel, as well as the current information on the official website https://racino-music-summer.at/racinorocks of the organizer, apply.
  4. Amendment of Racino Rocks Terms and Conditions We reserve the right to change, supplement, replace, or otherwise modify the Racino Rocks Terms and Conditions at any time with immediate effect. In making changes, we will adequately consider the interests of users. If we change the Racino Rocks Terms and Conditions, we will inform about it on the Racino Rocks website. The amended Racino Rocks Terms and Conditions will become effective for already purchased tickets six (6) weeks after this notification, unless the ticket buyer objects to the change within six (6) weeks after the notification. Attending the event after the expiration of the six (6) week period without objection is deemed as consent to the amended Racino Rocks Terms and Conditions.
  5. Severability Clause Should a clause of these Racino Rocks Terms and Conditions be or become ineffective, the remaining clauses of the terms and conditions shall remain expressly unaffected. In place of the ineffective clause, a valid provision that the parties would have agreed upon considering good faith if they had known about the invalidity of the respective provision and which comes as close as possible to the originally intended economic purpose of the invalid provision shall apply.

II. PARKING REGULATIONS

  1. Scope of the Parking Regulations The parking regulations apply to all parking areas designated on the maps, as well as to the streets and paths belonging to the event site (maps can be accessed in advance of the event at https://racino-music-summer.at/racinorocks). By purchasing the admission ticket and/or entering the premises, the visitor submits to these parking regulations. The use of parking areas is included in the admission price for the event site.
  2. Instructions of Security Personnel Visitors must comply with the instructions of the security service; they apply in addition to these regulations.
  3. Applicability of Traffic Regulations/Use of Parking Areas

The road traffic regulations (StVO) apply throughout the event site and in the parking areas. Driving speed must always be walking pace in the event site and parking areas. Only vehicles with a maximum permissible weight of up to 3.5 tons may be parked in the parking areas. Wild parking is prohibited and will be pursued by the authorities; vehicles may only be parked in approved and designated parking areas or lots. Vehicles parked outside designated parking areas or obstructing traffic lanes or rescue lanes may be towed without warning. The costs incurred for this will be borne by the offender. There is no entitlement to the availability of a specific parking area within the booked category. Parking areas will be opened and assigned to visitors by ushers as needed. Escape and rescue routes must be kept clear at all times.

  1. Expiration of Parking Authorization Parking authorization expires if the parked vehicle is not insured for third-party liability and/or has been de-registered and/or does not have a valid official license plate with an inspection sticker and/or if the vehicle has a leaky tank/engine or is otherwise in an unsafe condition or in a condition that could pose a danger.
  2. No Surveillance of Parking Lots There is no surveillance of vehicles parked in parking lots. Parking of vehicles is at the visitor’s own risk. Security personnel are deployed for guidance and to control access rights, not to guard vehicles.
  3. Organizer’s Liability The organizer is generally not liable for damages due to theft or damage to vehicles parked in the parking lots. The organizer is generally not liable for damages and losses suffered by users and visitors due to burglary, theft, fire, natural events, or other incidents. The limitations of liability in this Clause 6 are subject to the restrictions outlined in Clause I.3 (Organizer’s Liability) of the Racino Rocks Terms and Conditions. Valuables can be deposited for a fee in the baggage storage in lockers. The organizer’s liability for items deposited in lockers is excluded.
  4. Rescue Routes Escape routes and rescue lanes are marked by floor markings or other markings. They must be kept clear at all times!
  5. Prohibition of Animals The presence of animals in parking areas is not allowed.
  6. Exclusion from the Event Failure to comply with the parking regulations may result in temporary or complete exclusion from the entire event.
  7. Other Instructions/Notices In addition to the parking regulations, the current notices and instructions of the on-site security personnel, as well as the current information on the official homepage https://racino-music-summer.at/racinorocks, apply.

III. EVENT SITE HOUSE RULES

  1. Applicability of the House Rules/Event Site By purchasing the admission ticket and/or entering the premises, the visitor submits to these house rules according to Clause III of these Racino Rocks Terms and Conditions.
  2. Instructions of Security and Order Personnel The instructions of official order personnel and/or the order service employed by the organizer must be followed unconditionally at all times.
  3. Entry to the Event Site Entry to the event site is only permitted with a valid admission ticket or an applied, undamaged festival wristband accompanied by the corresponding validated admission ticket or a valid festival pass.
  4. No Entry for Visibly Impaired Visitors Visibly intoxicated, under the influence of drugs, or similarly conspicuous visitors are not entitled to access the event site.
  5. Security Checks/Prohibited and Allowed Items

Upon entering the event site, all persons (body check) and their accompanying items are subject to inspection for prohibited items. Prohibited items include, among others:

Bags, backpacks larger than A4 PET or glass bottles Tetra packs in all sizes Glass (except perfume) Cans Reusable bottles (Tupperware, thermos bottles) Tupperware for food Self-brought drinks and food Umbrellas, parasols Cameras with interchangeable lenses GoPros Tablets Audio recording devices Selfie sticks Noisemakers of any kind Speakers Bulky items (ladders, suitcases, scooters, stools, chairs, etc.) Scooters, skateboards, hoverboards, mopeds, inline skates Helmets, disguises Water guns Inflatable rubber animals Laser pointers Weapons (knives, firearms, blank guns, etc.) Slingshots Hookahs Fireworks, sky lanterns, pyrotechnics Animals (except guide and assistance dogs) Drones Drugs, illegal substances of any kind Flagpoles Studded belts, large chains Bicycles, strollers Texts, images, and other materials with discriminatory, contemptuous, obscene, pornographic, and/or racist content, or which indicate backgrounds that violate the personal rights of third parties. The carrying of the above-mentioned items may result in the rejection of the visitor and exclusion from the event; carried items according to points 5. a, j, k, m), can be deposited for a fee at designated storage facilities (drop-off containers or lockers), the number and capacity of which are limited. The organizer assumes no liability for the loss of items from the storage facilities. The remaining prohibited items may not be deposited in the storage facilities (drop-off containers or lockers).

Permitted items include, among others:

Wallet Keys Small belt and waist pouches Small handbags up to a size of DIN A4 Transparent backpacks (Clear Bags) up to a size of H44 x W37 x D30 cm Mobile phones Empty collapsible drinking bottles Disposable cameras Pocket cameras Fine chain necklaces Small power banks Hand sanitizers up to a bottle size of 50ml Free-to-use drinking water taps are available on the event site.

  1. Escape and Rescue Routes etc. Escape routes, rescue lanes, supply routes, and stairs must be kept clear at all times, must not be used as seating, and must be traversed quickly.
  2. Prohibition of Animals The presence of animals on the event site is not allowed.
  3. Organizer’s Liability/Lockers The organizer is not liable for damages and losses suffered by users and visitors due to burglary, theft, fire, natural events, or other incidents. The limitations of liability in this regard are subject to the restrictions in Clause I.3 of the Racino Rocks Terms and Conditions regarding the organizer’s liability. Valuables can be deposited in the baggage storage in lockers (if available). The organizer’s liability for items deposited in lockers (if available) is excluded.
  4. Handling of Waste During the event, waste must be disposed of in the provided bins and containers.
  5. Protection of Children and Adolescents We observe youth protection laws. For the protection of children and adolescents, access authorization according to Clause I.2. of the Racino Rocks Terms and Conditions applies to all event areas.
  6. Use of Toilets Urinating outside the designated toilets and facilities is not permitted.
  7. Vandalism Willful damage to any objects and facilities is prohibited and will be prosecuted as vandalism.
  8. Prohibition of Entering Certain Areas Entering ramparts, climbing fences, light poles, buildings, power boxes, sanitary stations, mobile toilets, and other infrastructure facilities on the entire event site is prohibited.
  9. Unauthorized Stay on the Event Site Persons who are on the fenced event site without authorization will be reported for fraudulent misrepresentation (§ 265a StGB) and trespassing (§ 123 StGB)!
  10. Duty of Consideration Consideration must be shown towards other event visitors.
  11. Exclusion from the Event Failure to comply with the house rules may result in complete exclusion from the event. With exclusion from the event, the admission ticket loses its validity. There is no entitlement to re-entry or refund of the purchase price.
  12. Prohibition of Endangering Other Visitors

Any endangerment of other visitors – especially through “crowd-surfing,” “circle of death,” “pogo dancing,” or by setting off fireworks (including bengal lights) – is strictly prohibited and will result in exclusion from the event.

IV. ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS

  1. If the buyer is a consumer who has purchased the ticket online, the organizer points out that the European Commission provides a platform for online dispute resolution from 15.02.2016 onwards here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE. The organizer’s email address is: info@livenation.at.
  2. The organizer points out that they are not willing to participate in a dispute resolution procedure before a consumer arbitration board.
  3. A consumer is any natural person who acquires a ticket for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

Date: November 28, 2023