Status: August 2025

§1 General Provisions

(1) These General Terms and Conditions (GTC) apply to all business relationships between Opus Festivals GmbH (hereinafter referred to as “we” or “us”) and the customer. The version valid at the time of the conclusion of the contract shall be decisive.

(2) By ordering tickets, the customer commissions Opus Festivals GmbH, as the appointed and authorised commercial agent, to handle the ticket purchase, including shipping.

(3) Consumers within the meaning of these GTC are natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

(4) Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their trade, business, or profession.

(5) “Customer” within the meaning of these GTC refers to both consumers and entrepreneurs.

(6) Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless their validity has been expressly agreed in writing.

§ 2 Conclusion of Contract and Payment Terms

(1) Our offers are non-binding. Technical modifications and other reasonable deviations remain reserved.

(2) By placing an order, the customer makes a binding offer to conclude a contract. Receipt of the order will be confirmed without delay; however, this confirmation does not yet constitute acceptance. Acceptance may be expressly declared or combined with the shipping confirmation.

(3) We reserve the right to reject orders – e.g., following a credit check or in the event of violations of sales conditions (such as circumventing purchase limits through multiple registrations). The number of tickets available per household may also be limited.

(4) The conclusion of the contract is subject to our own receipt of supplies. If the goods are unavailable or only partially available, the customer will be informed without delay; any payments already made will be refunded.

(5) Prices may be higher than the printed ticket price. The total price, including fees, is due upon conclusion of the contract.

(6) For orders placed via the internet or call centre, service and shipping charges may apply. These will be clearly communicated in the shopping cart or by phone. No additional undisclosed costs will be incurred.

Vouchers

(1) After purchasing a voucher via the jazzopen ticket shop, the customer will receive a file containing a voucher code.

(2) Vouchers can only be redeemed for purchases.

(3) Only one voucher can be used per order.

(4) Any remaining balance will be issued as a new voucher code.

(5) Subsequent redemption is not possible.

(6) Gift vouchers are excluded from the right of withdrawal and return. Cash payment is not possible.

(7) The transfer of the voucher to third parties is permitted. In such cases, the original purchaser may not reuse or share the code.

(8) The limitation period for gift vouchers is three years from the end of the year in which the contract was concluded (§ 195 BGB).

§ 3 Retention of Title

(1) For consumers, we retain ownership of the goods until full payment of the purchase price.

(2) For entrepreneurs, the goods remain our property until all claims arising from the ongoing business relationship have been settled in full.

(3) The customer is obliged to inform us immediately of any third-party access to the goods (e.g., seizure), as well as of any damage, destruction, or change of address.

(4) In the event of conduct contrary to the contract, in particular in the event of payment default, we reserve the right to withdraw from the contract and reclaim the goods.

§ 4 Resale of Tickets

(1) The commercial resale of tickets is not permitted.

(2) Private resale is only permitted at the original price plus verifiable fees (e.g., shipping costs) and up to a maximum surcharge of 25%.

(3) In the event of a violation, the organiser may deny entry to the event.

§ 5 Right of Withdrawal

(1) There is no right of withdrawal for the purchase of tickets.

(2) No right of withdrawal exists in accordance with § 312g (2) no. 9 BGB, as these are services related to leisure activities for which a specific date is provided. Each ticket order is therefore binding upon confirmation of the contract and obligates payment.

For the purchase of goods:
(3) Consumers have the right to withdraw from the contract within 14 days of receiving the goods without stating any reasons.

(4) Withdrawal must be declared in writing (e.g., by email or letter) or by returning the goods. Timely dispatch is sufficient to meet the deadline.

(5) Exceptions to the right of withdrawal include:

• Delivery of digital content (e.g., by email),
• Sealed goods such as audio/video recordings or software, if the seal has been removed,
• Custom-made or clearly personalised items,
• Perishable goods or products with an expired shelf life.

(6) In the event of withdrawal, the customer must return the goods if they can be sent by parcel.

(7) The customer bears the cost of returning the goods, provided the goods supplied are as ordered.

(8) The customer is liable for any loss in value if it is due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

§ 6 Liability

(1) In the event of a slightly negligent breach of duty, we shall only be liable for foreseeable damage typical for the contract.

(2) Towards entrepreneurs, we shall not be liable for slightly negligent breaches of non-essential contractual obligations.

(3) The limitations of liability do not apply to claims arising from product liability or to damages attributable to us resulting in injury to life, body, or health.

(4) We assume no liability for the content of linked external websites. If unlawful content becomes known, we will remove such links without delay.

(5) The customer shall indemnify us against third-party claims arising from culpable violations of statutory provisions or these GTC by the customer.

§ 7 Data Protection

(1) The customer has been informed about the type, scope, and purpose of the processing of personal data. Details can be found in the privacy policy.

(2) The customer consents to the collection, processing, and use of their personal data. This consent can be revoked at any time with effect for the future.

§ 8 Final Provisions

(1) German law shall apply.

(2) For consumers, this choice of law applies only insofar as it does not deprive them of mandatory protections under the laws of the country in which they have their habitual residence.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be our registered office. The same applies if the customer has no general place of jurisdiction in Germany.

(4) Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision shall apply that comes closest to the economic purpose of the invalid one.

GENERAL TERMS AND CONDITIONS AND VISITOR INFORMATION JAZZOPEN STUTTGART

1. Scope

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all concert visitor contracts concluded between the customer and Opus Festivals GmbH, Mörikestraße 20, 70178 Stuttgart (hereinafter referred to as “OPUS”).

2. Purchase of admission tickets

(1)Tickets can only be purchased in the jazzopen ticket shop at https://tickets.jazzopen.com .
(2) The General Terms and Conditions of Opus Festivals GmbH apply exclusively to the purchase of tickets.

3. Access authorization

Children under 3 years of age are not permitted access to the event site. Children between the ages of 3 and 14 are only allowed to attend the concerts when accompanied by a person with legal guardianship. With parental permission, young people between the ages of 14 and 18 are admitted to concerts until midnight without being accompanied by a legal guardian. Children between 3 and 6 years of age receive free entry without the need for a seat.

4. Security checks

Upon entry to the event site, a security check will be carried out by the security service for reasons of safety and order as well as to avoid waste. OPUS is entitled to refuse access to the event if the visitor is not carrying permitted items, such as professional photography and/or film equipment, beverage cans or bottles, umbrellas, weapons and knives of any kind or fireworks.

5. Exclusion of visitors

If there is an important reason, in particular if a visitor commits criminal offenses on the event site (e.g. assault, theft, drug trafficking) or sets off fireworks or endangers other visitors (e.g. through crowd surfing or similar), OPUS is entitled to exclude the visitor from the event . If OPUS exercises its right of exclusion, the admission ticket will lose its validity. A claim for re-admission or a refund of the purchase price is excluded.

6. Prohibition and permission of image and sound recordings

Only 35mm cameras and cell phones with camera functions are permitted on the event site. The recordings may only be made for private purposes.
Any use outside of private purposes is not permitted. Please be careful when using social networks and only share the images with friends with whom you are connected through a personal bond of relationships (see Section 15 Paragraph 3 of the Copyright Act). Otherwise, the reproduction is public and no longer private and is not covered by the permit and is therefore unlawful.
The transport of SLR cameras, cameras with zoom lenses or with video functions of any kind as well as video cameras and audio recording devices of all kinds, such as: B. tape recorders, MP3 recorders and dictation machines are prohibited.
OPUS may refuse the visitor entry to the event site unless the visitor is willing to leave the unauthorized devices behind.

7. Resale of tickets

Commercial resale of tickets is not permitted.
In the case of private resale, the tickets may not be sold at a higher price than the printed ticket price plus proven fees that were charged when the ticket was purchased.

8. Program changes in the pre-program

In the event that a supporting act cancels or is unavailable due to illness and OPUS is not at fault, OPUS will endeavor to hire an appropriate supporting act and is therefore entitled to change the program in the preliminary program to the main act. In this case, the visitor has no claims due to the cancellation or the failure of individual artists (groups) as opening acts.

9. Weather at Open Air

The concert generally takes place in all weather conditions. Interruptions may occur due to weather conditions. OPUS endeavors to avoid interruptions. If the concert cannot be carried out due to force majeure, especially if there is a weather-related threat to the life and limb of visitors (e.g. heavy rain, hurricane, heavy hail), the concert must be canceled or stopped.

10. Instructions and Information

The instructions of the security staff on site must be followed.
Current notices and information can be accessed daily via the festival website www.jazzopen.com and the social media page www.facebook.com/JazzOpen/.

11. Failure or cancellation due to terrorism

In the event that the event is canceled in whole or in part due to a bomb threat, a terrorist attack or the imminent danger of such (force majeure) by the event management's security circle or by the responsible authorities (especially regulatory authorities), and the organizer is not at fault in any way , there is no entitlement to reimbursement of the ticket price or expenses already incurred.

12. Liability

The contractual and legal liability of OPUS for damages of any kind is excluded. This exclusion does not apply to damages that OPUS caused intentionally or through gross negligence, in cases of simple negligence on the part of OPUS to damages based on injury to life, body or health, as well as to simple negligent violations of essential contractual obligations by OPUS. Essential contractual obligations are all obligations whose fulfillment enables the proper execution of the contract and on whose compliance the visitor regularly trusts and can rely.
In cases of simply negligent violation of essential contractual obligations, OPUS' liability - with the exception of damage to life, body or health - is limited to the damage typical for the contract and foreseeable for OPUS when the contract was concluded or the breach of duty was committed.
The above exclusions and limitations of liability also apply to the liability of OPUS for its bodies, employees and vicarious agents as well as the personal liability of the bodies, employees and vicarious agents of OPUS.

NOTE: Alternative dispute resolution for consumers

1. If the buyer is a consumer and purchased the ticket online, the organizer points out that the European Commission provides a platform for online dispute resolution: www.ec.europa.eu/consumers/odr.

2. If the visitor did not purchase the ticket online, the organizer points out that he is not prepared to take part in a dispute resolution procedure according to the Consumer Dispute Settlement Act.

3. A consumer is any natural person who purchases a ticket for purposes that cannot primarily be attributed to their commercial or independent professional activity.

CONSENT for RECORDING and USING

- image and sound recordings of visitors

- insofar as this goes beyond the legal exception of Section 23 No. 3 of the Art Copyright Act.

The visitor agrees that OPUS or third parties acting on behalf of OPUS may take photographs of the event with the visitor's portrait in which he or she moves in public and use them for JAZZOPEN's advertising purposes in common online and print media for an unlimited period of time , especially in social media channels, the JAZZOPEN website, JAZZOPEN flyers, JAZZOPEN program booklets and for press reporting purposes.

HOUSE RULES jazzopen stuttgart

§ 1

These house rules apply to the entire jazzopen festival site and the associated areas.

§ 2

The aim of the house rules is to prevent danger or harm to people, to ensure that events run smoothly and to protect the festival grounds from damage and contamination.

§ 3

People who are under the influence of alcohol can be excluded from taking part in events. Note: Please note that due to safety regulations, you are only permitted to bring drinks (only non-alcoholic) with you in a Tetra Pak up to a maximum of 0.5 liter containers per person. It is prohibited to take larger packaging units (over 0.5l) as well as bulky items, glass, PET or cans.

§ 4

It is not permitted

1. to enter the site without a valid admission ticket or other authorization; authorization can only be granted by the organizer or the site management. Violators will be prosecuted.

2. with seat cards, to take a seat other than the designated one,

3. stay in the entrances and staircases to the spectator seats,

4. to stand on the chairs and benches,

5. to enter areas and rooms not intended for the general public,

6. to drive on the premises with vehicles of all kinds without special permission and to park them in unauthorized places

7. to remove, climb over or climb structures and other facilities,

8. bringing dangerous, bulky objects or objects suitable as projectiles onto the premises, such as carrying and using glass and PET bottles, tetra packs over 0.5 l, cans, weapons, umbrellas, flagpoles, blankets and gas pressure bottles of any kind,

9. to carry, burn or shoot fireworks, sparklers and pyrotechnic articles of any kind, as well as to light fires,

10. Backpacks from a size of 30cm x 30cm, bags (except women's handbags up to a size of 30cm x 30cm), strollers, bulky picnic baskets and bulky cooler bags, ladders, as well as your own seating of any kind, boxes and similar items to take into the event location,

11. throwing objects onto the stage or into the audience,

12. to defecate outside the toilets or to soil the area in any other way and to bring suitable objects with you for this purpose, such as confetti, scraps of paper and paper rolls,

13. Bringing animals into the venue

14. to label, paint and stick on structural and other facilities (especially paths),

15. to consume cannabis on the festival site,

16. to consume illegal drugs on the festival site,

17. Making film, video and sound recordings without the permission of the organizer. However, we have nothing against visitors carrying a smartphone or a so-called pocket camera with them to take a souvenir photo of their concert visit. Cameras with interchangeable lenses are generally NOT permitted! Photo accreditations are intended exclusively for the reviewing press.

In the event of non-compliance with these regulations, OPUS is authorised to exclude visitors from the event. If OPUS makes use of its right of exclusion, the admission ticket loses its validity. A claim for re-admission or reimbursement of the purchase price is excluded.

§ 5

The instructions of the security service must be followed. A violation of these house rules can be punished by expulsion from the jazzopen, without compensation for the admission ticket and/or a ban on entering the premises. The security service is entitled to issue and enforce the reprimand or ban on the premises on behalf of the operator/organizer. The general legal regulations, in particular those relating to the protection of life, physical integrity and public safety and order, remain unaffected.

§ 6

Children under 3 years of age are not permitted access to the event site. Children between the ages of 3 and 13 are only allowed to attend the concerts when accompanied by a guardian or guardian. With parental permission, young people between the ages of 14 and 17 are permitted to attend concerts until midnight without being accompanied by a legal guardian. Children between 3 and 6 years of age receive free entry without the need for a seat. Furthermore, the Youth Protection Act applies.