GTC

Gurtenfestival AG is hereinafter referred to as the “Organiser”. The following general terms and conditions (hereafter referred to as “GTC”) apply to ticket purchasers, ticket holders, festival visitors, and other contractual partners of the Organiser.

By purchasing a festival ticket, the purchaser or holder (hereafter referred to as “ticket purchaser” or “ticket holder”) accepts the terms and conditions of the Organiser. If the ticket purchaser passes on tickets to third parties, he/she shall inform the third parties of these GTC, and these third parties must accept the GTC.

For festival visitors, the opening hours communicated for the respective categories apply. The Organiser reserves the right to change the opening hours without prior notice. The Organiser assumes no liability for delays in admission.

The Organiser has its own ticket sales organisation. The purchase of the festival ticket through the ticket sales organisation of the Organiser creates a contractual relationship exclusively between the ticket purchaser or ticket holder and the Organiser. The website and the ticketing system are protected by copyright and other laws. All rights thereto, including ownership and/or rights of use, belong to the Organiser and/or its suppliers/licensors.

Ticket purchasers make their selection via the website (ticket shop), which is displayed in the shopping cart. By confirming the order, ticket purchasers submit their binding offer to purchase the selected festival tickets.

Ticket purchasers are obliged to provide all information required during the ordering process completely and correctly. It is the sole responsibility of the ticket purchaser to place orders for festival tickets in good time before the date of the event via the ticket shop (hereafter referred to as “online order”).

To order online, the ticket purchaser must identify himself or herself in the ticket shop with his/her e-mail address and password (hereafter referred to as “login details “; the corresponding user account: “online account”). If the ticket purchaser does not yet have an online account, he or she will be asked to register in the online shop with the required information when ordering online for the first time. The login details provided to the ticket purchaser are intended for personal use by the ticket purchaser and are to be treated confidentially. All online orders placed via the online account are attributed to the ticket purchaser as the online account holder and are binding for him/her.

Ticket purchasers acknowledge and agree that the Organiser may become aware of their data in connection with the online ticket shop service and process them in accordance with the data protection regulations.

Tickets in the ticket shop are not personalized.

Multi-day tickets cannot be split between different people.

Ticket purchasers will receive their tickets by e-mail. In addition, tickets may be viewed at any time on the ticket purchasers’ account in the ticket shop and can be downloaded. Tickets may be printed out or presented digitally on the smartphone. Ticket purchasers acknowledge that it is their own responsibility and risk to have all the necessary technical facilities necessary to receive and print or display the print@home ticket.

For each festival ticket purchased, the ticket purchaser receives only one access authorisation. Any duplication, copying, modification, or imitation of the print@home festival ticket and any electronic redistribution of the corresponding PDF file is expressly prohibited. However, in the event of loss or damage to the print@home ticket, ticket purchasers may print out the print@home festival ticket again, being aware of the possibility that access to the event may be denied in the event of the circumstances according to clause 13 below. The damaged print@home festival ticket must be destroyed immediately. Ticket purchasers are aware that it is not possible to block the print@home ticket. In this case, too, the provision according to clause 13 shall apply.

The Organiser may refuse access to the event if several printouts, duplications, copies, or imitations of a print@home festival ticket are in circulation and a ticket holder of a printout or a copy or imitation of the respective print@home festival ticket has already been granted access to the event. In particular, the Organiser is not obliged to verify the identity of the ticket holder with the ticket purchaser or to verify the authenticity of the print@home ticket. If a holder of a print@home festival ticket is rejected for this reason upon access control, there is no entitlement to a refund of the fee.

Adults can purchase children’s tickets in the ticket shop for children up to 12 years of age for a processing fee. The processing fee is CHF 10.00 per child per day. Adults must first purchase their own tickets in the ticket shop. Then they can purchase the children’s tickets for the same ticket category using their account in the ticket shop. Tickets can be purchased for a maximum of 2 children per adult ticket. Tips for visiting the festival with children can be found under Gurtenfestival.ch. We do not recommend visiting the festival with children under 5 years of age.

For young people aged 13 to 15, tickets with a 30% discount can be purchased in the ticket shop. Youth tickets are not tied to an adult ticket.

Ticket purchasers take note of the fact that the number of children and youth tickets per festival day is limited. There is therefore no entitlement for ticket purchasers to purchase children’s or youth tickets. If no children’s tickets for the Comfort Zone are available, adult ticket purchasers can purchase regular children’s tickets. However, these do not entitle the children to access the Comfort Zone.

When ordering online, payment is made either by debiting the credit card provided during the ordering process (MasterCard, Visa), by Postfinance payment method (Postfinance Card, Postfinance E-Finance) or via TWINT. It is at the discretion of the Organiser to decide which payment methods are permitted and whether/when festival tickets that have not been paid for on time will be released for sale again.

The purchase of tickets for the purpose of resale (trade) is prohibited. Tickets that have not been purchased for resale may be sold at the maximum price published by the Organiser. The Organiser carries out appropriate checks and may block and invalidate tickets purchased for resale purposes or offered at inflated prices. Criminal proceedings are reserved.

Festival tickets may only be raffled off in the context of competitions or otherwise passed on for advertising purposes with the prior written consent of the Organiser. The Organiser carries out appropriate checks and can block and declare invalid any tickets that have been raffled off or passed on for advertising purposes.

The festival ticket will be checked at the official exchange points of the Organiser (barcode or QR code) and exchanged for a festival wristband. The festival wristband, which must be worn tightly on the right wrist, entitles the holder to enter the cordoned-off festival area (during the period specified on the ticket). Damaged or not tightly worn around the wrist festival wristbands do not entitle the holder to enter or stay on the festival grounds. Lost and damaged festival wristbands will not be replaced. Wristbands may not be transferred and are only permitted for one person.

The Organiser will carry out an age check on site when exchanging the festival ticket for the festival wristband. Visitors must prove the age of children or young people with a valid ID or passport and present it without being asked to do so. Children and young people under the age of 18 receive a festival wristband marked U16 or U18, depending on their age.

The ticket purchaser acknowledges that the Organiser must comply with the official requirements in connection with the measures to combat infectious diseases and that these official requirements may be adapted between the time of ticket purchase and the implementation of the event.

The Organiser is therefore entitled to restrict access to the festival site or parts of it or to make it dependent on the fulfilment of certain requirements, even after the ticket has been purchased by the ticket purchaser. The official requirements are to be understood as minimum requirements. In addition, the Organiser may, at its own discretion, require stricter admission rules and, in particular, require the presence of a valid certificate, proof of vaccination or recovery, the provision of contact details for contact tracing, the presentation of an identity card, and the wearing of hygiene masks or other suitable measures for access to the festival site or parts thereof, or other suitable measures.

Information about the applicable admission rules will be announced by the Organiser on the website (Gurtenfestival.ch/de/info) and updated on an ongoing basis. Ticket purchasers and visitors are obliged to inform themselves in good time about the applicable admission rules at the time of the event.

The ticket purchaser acknowledges that these admission rules may be adjusted by the Organiser at any time, in particular for security reasons, even after they have purchased their festival ticket, and agrees that if they do not comply with the admission rules, they have neither a claim to access to the festival site nor a claim to a refund of the purchase price paid for the festival ticket.

The Organiser and the providers of food and beverage services charge a deposit on dishes, cups, and bottles or cans. The value of the deposit is credited to the Cashless Card upon returning the deposit items to the designated redemption points and bars. Festival visitors acknowledge that the organised collection of deposits by individuals or organisations is prohibited. Over the entire duration of the festival, the cash register system will accept a maximum of ten depot items more than the number of deposit items than were purchased with the Cashless Card. The Organiser works with a tax-exempt organization that collects deposit items and receives the deposit value as a donation.

The Organiser’s security staff will carry out security and admission checks, including luggage searches, at any official entrances and along the grounds as well as on the grounds for the entire duration of the event.

The security staff has the right to deny people access to the cordoned-off festival area for important reasons or to expel people from the site. Failure to comply with these terms and conditions may constitute such an important reason.

Festival visitors must follow the instructions of the security staff. Non-compliance will lead to the expulsion from the festival site for the remaining duration of the event. The Organiser expressly reserves the right to take further legal action.

The Organiser shall not be liable for lost or stolen items. Lost property will be taken to the lost and found office of the municipality of Köniz after the event.

In the event of cancellation or postponement due to force majeure (e.g. war, environmental influences, disasters, unrest, reverence, terrorist threat, terrorist warning, terrorist act, epidemic, pandemic, official ban or non-approval of the festival through no fault of the Organiser, etc.) without intentional or grossly negligent fault on the part of the Organiser, a time window for the reclaim of the ticket price will be communicated in due course. From the announcement of the official reclaim process, each ticket purchaser has 60 days to decide on a refund (max. 90% of the original value) or a credit (100% of the original value transferred to the next edition of the festival). Should the event be endangered in the following year as well, the regular procedure described above will be repeated.

In the event of interruption or termination of the festival due to force majeure (e.g. war, death or illness of an artist, storms, riots, reverence, terrorist threat, terrorist warning, terrorist act, epidemic, pandemic, official ban or non-approval of the festival through no fault of its own, etc.) without intentional or grossly negligent fault on the part of the Organiser there shall be no entitlement to the return of the ticket, nor to a refund of the purchase price, nor to an exchange for the next edition of the festival. An interruption of the festival is defined as any temporary disruption of festival operations after the festival has opened its doors. The festival shall be deemed terminated if it is interrupted without recommencement of festival operations after the festival has opened its doors.

The Organiser reserves the right to change the program without prior notice. No claims for damages can be made for cancellations of artists, changes in the schedule, performance times of the artists, stage changes, etc., and the Organiser rejects any liability.

The Organiser has no influence whatsoever on the design and content of the concerts. At concerts, there may be a risk of possible hearing and health damage due to the volume or light emissions. At the festival entrance, at the Info Point at the Festival Store and on the grounds, ear plugs will be provided free of charge. The Organiser declines any responsibility for any hearing or health damage.

The festival takes place in all weathers; weather conditions that make it impossible to carry out the event are reserved (see also clauses 31 and 32).

Travelling to and from the festival is the responsibility of the festival visitors. The Organiser excludes any liability. Any inclusions in the purchased ticket for the use of public transport or the Gurtenbahn will be communicated in good time on the website and are an integral part of these GTC.

The festival is is a cashless event. The Cashless Card is the only possible means of payment at the festival. Other means of payment (cash, debit, credit cards, TWINT, etc.) are not accepted. The Organiser may accept credit cards as a means of payment in the Comfort Zone.

The Cashless Card will be provided to festival visitors free of charge by the Organiser. Festival visitors will receive the Cashless Card on site as part of the festival wristband exchange. Detailed information about the festival wristband exchange: Gurtenfestival.ch. With the credit loaded or stored on the Cashless Card, festival visitors can pay for goods or services at the festival.

To be able to use the Cashless Card to purchase goods or services at Gurtenfestival, festival visitors must load credit (in CHF) onto the Cashless Card. Charging is free and the number of charges is unlimited. The Cashless Card can be topped up as follows:

• The Cashless Card can only be topped up online. After opening a free online account on the website www.Gurtenfestival.ch (“load card”), the desired credit can be topped up using a credit card (Visa, Mastercard), debit card (Postcard) or TWINT. Online top-up is possible from Monday of the respective festival week until the end of the festival.
• The minimum amount to top up a Cashless Card is CHF 30.00 while the maximum amount is CHF 500.00. The Cashless Card can be topped up to this maximum amount at any time.
• In principle, there are no Cash Points available on the festival site where the Cashless Card can be topped up using cash, debit, credit cards, etc. In the event of problems or failures of the cashless system, the Organiser can provide Cash Points at short notice.

The cashless card is valid for the duration of the respective Gurtenfestival of the reference year.

The cashless card is used throughout the site by the acceptance points (food stalls, bars, market stalls, etc.) for cashless payment of goods or services. The price for the goods or services purchased will be debited from the balance of the Cashless Card. By purchasing goods or services, festival visitors enter into a separate, independent contractual relationship with the relevant acceptance point by means of the Cashless Card. Gurtenfestival accepts no liability for the proper performance of the contract by the acceptance points or for their services. Festival visitors are responsible for the safe storage of the Cashless Card and for its protection against unauthorized use. The entitlement to the Cashless Card presented will not be checked by the acceptance points or any Cash Points. The Organiser is not liable for damages incurred by festival visitors as a result of misuse of the Cashless Card. If there are criminally relevant offences, a criminal complaint can be filed by the Organiser or the injured person. The assertion of civil law claims is expressly reserved.

In the event of loss, suspicion of misuse or damage to the Cashless Card, festival visitors are asked to report immediately to the Cashless Help Desk outside the festival site at the main entrance. In the event of loss, suspicion of misuse or damage, registered Cashless Cards will be replaced by a new Cashless Card upon presentation of an official identification document (fee CHF 5.00), provided that the identification document matches the information in the online account. These can only be obtained from the Cashless Help Desk. The credit available at the time of the loss report will be loaded onto this new Cashless Card. Existing credit on an unregistered Cashless Card cannot be replaced in the event of loss or suspicion of misuse.

The Organiser does not assume any liability for the accuracy and completeness of information and information that can be requested at the Cashless Help Desk, at a collection point, in the online account or in any other way. In particular, information on the current balance and transactions carried out is considered provisional and non-binding.

After the festival, any remaining credit will be automatically returned to the last payment method used. It is not possible to repay credits on site during the festival. In some cases, the remaining balance cannot be automatically refunded. In these cases, the refund will be made in the same way as for non-registered festival visitors. Non-registered festival visitors can reclaim their credit after the festival by providing their personal details and account details in the online repayment form under www.cashless.Gurtenfestival.ch. Payments are made weekly and usually within 10 working days. The online refund form is available to festival visitors until August 31 of the year of issue. After that, no more claims are possible. Repayments are only possible in Swiss CHF accounts. Repayments to foreign accounts are excluded. Cashless credit as a gift cannot be refunded and is only valid for the respective year.

The Organiser is not responsible for disputes between festival visitors and a collection point. Complaints in connection with the Cashless Card must be sent to cashless@Gurtenfestival.ch by e-mail. During the festival, you can report to the Cashless Help Desk (in front of the main entrance) on site. Complaints concerning the balance on the Cashless Card must be sent to cashless@Gurtenfestival.ch by e-mail no later than 7 weekdays after the end of the festival. Complaints received thereafter will not be accepted, and any claims for compensation derived from this can no longer be asserted against the Organiser.

The Organiser is subject to Swiss data protection legislation. Festival visitors acknowledge that the provision and operation of the cashless system is managed by a third-party provider (WEEZEVENT SWITZERLAND Sàrl; “Cashless Provider”) and agree that the Organiser and the Cashless Provider may become aware of their data in connection with the Cashless Service. Any data processing will be carried out exclusively for the purpose of operating the cashless system and repaying the remaining amount to the festival visitors. Data will only be passed on for the purpose of correctly processing payments authorized by festival visitors. The data will only be passed on to authorities within the framework of mandatory national legislation. Festival visitors agree that the Organiser has their data and transactions at their disposal for statistical evaluation. The Organiser is entitled to involve third parties in Switzerland and abroad for the provision of the Cashless Service and to outsource individual related services to third parties in Switzerland and abroad. In accordance with the Data Protection Act (DSG), all personal data from the previous year will be deleted by mid-May of the following year at the latest.

Audio and video recordings of the bands performing at the festival are not allowed. Photography with a mobile phone for private use is generally possible. Filming and photography with professional cameras require separate accreditation.

As part of the festival, the Organiser, media representatives, and partners will create and publish photo and film recordings (in print and online media, on TV, on social media, etc.). By purchasing the festival ticket or visiting the festival, festival visitors agree that they can be depicted in these photo and video recordings and that these photo and video recordings may be used for the above-mentioned purposes without compensation.

To the extent permitted by law, any liability of the Organiser for its own conduct and for the conduct of its assistants is excluded. In particular, the Organiser and its assistants are not liable for bodily injury or financial damage caused to festival visitors by third parties (e.g. food stall operators, market stall operators, etc.).

The Organiser and its suppliers strive to offer customers a service that is as smooth and professional as possible according to the state of the art. To this end, the Organiser makes use of proven technology as well as proven experts and suppliers, using the necessary care. Nevertheless, the Organiser cannot guarantee the error-free or uninterrupted provision of the services or exclude unlawful interference with the IT system or misuse by unauthorised persons and disclaims any liability for any damage resulting from this. Liability for third-party services is excluded to the extent permitted by law.

By purchasing festival tickets, the ticket purchaser agrees to the use of the e-mail address by the Organiser for sending the newsletter. The ticket purchaser has the right to unsubscribe from the newsletter at any time and to revoke their consent. The e-mail address will only be passed on to third parties to the extent necessary for the performance of the service. Furthermore, the data protection regulations of the Organiser apply.

By purchasing the festival ticket in the ticket shop, the ticket purchaser agrees that the Organiser may use the e-mail address before and during the event for the delivery of all important visit information and after the event for the delivery of a link for participation in a survey.

These General Terms and Conditions of the Organiser are an integral part of the contract concluded with the purchase of a festival ticket. The Organiser reserves the right to make changes to these GTC at any time.

Any changes are considered accepted unless actively objected to within 30 days of their publication. Changes must be made in writing, published appropriately and brought to the attention of the parties in a reasonable manner.

These General Terms and Conditions are governed exclusively by Swiss law, excluding its conflict of law rules and the Vienna Sales Convention. The exclusive place of jurisdiction and performance is Bern.