GTC

General Terms and Conditions (GTC) of Hamburg Kreativ Gesellschaft mbH for events

Preamble

Hamburg Kreativ Gesellschaft is an institution of the Free and Hanseatic City of Hamburg for the promotion of Hamburg's creative industries. The city thus strengthens one of its most sustainable and innovative economic sectors in a way that is unique in Germany. Since its foundation in 2010, the Hamburg Kreativ Gesellschaft has seen itself as a central point of contact for all players in Hamburg's creative industries with its diverse range of services.

The organizer is the

Hamburg Kreativ Gesellschaft mbH

Hongkongstraße 5 / 3rd floor

20457 Hamburg

Hamburg Local Court - HRB 11 28 45

Tax office: Hamburg

VAT ID No.: DE 269 764 523

Management: Egbert Rühl

Chairwoman of the Supervisory Board: State Councillor Jana Schiedek

(hereinafter referred to as "organizer")

Participants in the events of Hamburg Kreativ Gesellschaft are those who have registered for an event of the Organizer (hereinafter referred to as "Participants"). These GTC apply to all fee-based event formats of the Organizer (workshops, lectures, conferences, networking events, etc.).

§ 1 Scope of application

These General Terms and Conditions govern the contractual relationship between the event participants and the Organizer.

§ 2 Conditions of participation

The events of the Hamburg Kreativ Gesellschaft are open to all players in Hamburg's creative industries and are partly financially supported by the organizer. The local creative industries include all those who are economically active in one of the eleven submarkets of the creative industries (architecture, visual arts, design, film, literature, music, press, broadcasting, software/games, theater/dance, advertising) in the Hamburg metropolitan region.

It is not permitted to bring pets to the events.

§ 3 Conclusion of contract with the organizer, ticket processing

Participants register for a paid event by December 2025 on the Eventbrite ticket platform via the homepages of Hamburg Kreativ Gesellschaft (kreativgesellschaft.org) and its initiatives and projects. Registrations will be considered in the order in which they are received. Registration will be automatically confirmed by Eventbrite by email.

Tickets will be sold in parallel on Eventbrite until December 2025 and thereafter exclusively via Höme - Für Festivals GmbH, c/o Bildau & Bussmann GmbH, Gerichtstrasse 23, 13347, Germany ("Höme").

Höme is a provider of software and other services ("Höme Services") that enable providers or operators of events to sell tickets and other offers and to process related transactions with end customers. Höme is a provider of a technology platform for event organizers. Höme is not a ticket broker and is not the organizer of an event. Insofar as Höme appears vis-à-vis the end customer in connection with the ordering process for tickets and/or offers, this is done exclusively as a representative of the organizer and in its name.

The contract is concluded upon confirmation by the respective ticket platform.

§ 4 Ticket processing via Eventbrite (valid until 01.12.2025)

§ 4.1 Cost contributions and terms of payment for Eventbrite

The fees published on the websites of Hamburg Kreativ Gesellschaft and its initiatives and projects at the time of registration apply. All cost contributions are per person and per event including statutory VAT and plus the fees for the ticket provider Eventbrite.

For events where payment by invoice is offered, the amount is due immediately upon receipt of the registration confirmation and must be paid to

Hamburg Kreativ Gesellschaft mbH

IBAN: DE40 2005 0550 1280 3509 09

BIC: HASPADEHH

The reason for payment will be stated in the confirmation of registration.

If the full cost contribution is not transferred to the specified account within 5 working days after conclusion of the contract, the organizer reserves the right to cancel the contract unilaterally without the consent of the registered person being required. Any costs incurred shall be borne by the participant.

The cost contribution does not include any travel costs of the participants or expenses for accommodation and meals.

§ 4.2 Cancellation by participants

Cancellations must be sent in writing by e-mail to the contact person named as responsible for the workshop on the Hamburg Kreativ Gesellschaft website.

The following conditions apply when canceling participation in fee-based workshops

up to 30 calendar days before the start of the event: reimbursement of the full fee

from less than 30 calendar days before the start of the event: no refund of the cost contribution

In the event of a no-show, the full fee must be paid.

The following conditions apply if you cancel your participation in a paid event (lectures, conferences, networking events, etc.):

Cancellation of tickets is not possible.

§ 4.3 Nomination of substitute participants in case of prevention

If registered participants are unable to attend a paid workshop, it is possible to nominate substitute participants for the booked date free of charge.

For this purpose, the organizer must be informed of the new personal data by e-mail. The contact person is the person named on the Hamburg Kreativ Gesellschaft website who is responsible for the workshop. The alternatively named person must fulfill the conditions from § 2 Conditions of these GTC.

§ 4.4 Changes to the implementation by the organizer

The organizer reserves the right to change the location and/or time of the workshop or event in the event of special, unforeseeable circumstances for which the organizer is not responsible (e.g. illness or other absence of a speaker), to replace the workshop or event with another speaker or to cancel the event.

If the minimum number of participants is not reached, the organizer reserves the right to postpone or cancel the respective event. In this case, the organizer will endeavour to inform the participants at least 7 calendar days before the planned start of the event, but at least 24 hours before the start of the event.

If an event is postponed, participants may choose between attending the alternative date offered and a refund of any fees already paid.

If an event is canceled without substitution, any fees already paid will be refunded.

Participants shall have no further claims, in particular no claims for damages (including cancellation fees for travel or hotel costs) if an event is changed or canceled.

§ 4.5 Final provisions

These GTC and the legal relationship between the participants and the organizer are subject to the law of the Federal Republic of Germany.

The place of jurisdiction is Hamburg.

Amendments to the GTC must be made in writing, whereby e-mail is sufficient.

Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining GTC shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended economic purpose.

§ 5 Ticket processing via Höme

§ 5.1 Conclusion of contract with the organizer, ticket processing by Höme

§5.1.1 Upon successful completion of a purchase transaction for tickets or other offers, a contract shall be concluded exclusively between the organizer and the end customer. The organizer shall be supported by Höme in order and payment processing. No purchase, service or other contracts regarding the purchase of tickets and the event or related services shall be concluded between the end customer and Höme.

§5.1.2 The end customer shall not be entitled to conclude a contract with an event organizer. The end customer acknowledges that the organizer may make the conclusion of the contract dependent on the acceptance of further conditions, data protection declarations, revocation instructions and other contractual components by the end customer and further restrictions (e.g. maximum number of tickets for an event). The organizer and Höme (acting on behalf of the organizer) are entitled to refuse or reject the conclusion of purchase transactions with an end customer without giving reasons.

§5.1.3 The end customer acknowledges that the total purchase price of a purchase transaction is determined or changed solely by the organizer and may exceed the ticket price shown on a ticket or in the ticket store. The total purchase price is calculated from the ticket price shown (including taxes) plus any service and processing fees charged by the ticket service provider. The total purchase price to be paid by the end customer will be communicated to the end customer before the order process is completed. Payment of the total purchase price can only be made via the payment methods provided by Höme (on behalf of the organizer).

§5.1.4 The contract between the organizer and the end customer shall only be concluded when Höme (acting on behalf of the organizer) sends the end customer the corresponding confirmation (e.g. by sending the transaction confirmation or allocation and then sending a ticket with the corresponding ticket ID). Going through the ordering process alone does not constitute the conclusion of a contract and does not entitle the end customer to participate in an event.

§5.1.5 If ticket quotas (both the total quota for the event and quotas for individual ticket categories) are exceeded due to technical problems, the organizer or Höme (acting on behalf of the organizer) shall inform the end customer of this. The organizer or Höme (acting on behalf of the organizer) may cancel such tickets and refund the corresponding total purchase price.

§ 5.2 Form of tickets purchased via Höme

§5.2.1 Unless otherwise communicated by the organizer or Höme (acting on behalf of the organizer), the end customer shall receive an automatic order confirmation email from Höme (acting on behalf of the organizer) and a further email with a link to the purchased tickets for the corresponding event. The form of the tickets provided depends on the entry and admission modalities used by the organizer for a particular event and will be communicated to the end customer (e.g. download and print, digital wallet, infield app wallet, etc.). To participate in an event, the ticket must be presented in the form communicated. Presentation of the order confirmation email alone (without presentation of the ticket in the correct form) does not entitle the holder to attend an event.

§5.2.2 The end customer is obliged to check a ticket after delivery or receipt for correctness with regard to number, price, date, event, venue and other essential features. Complaints about incorrect tickets must be made to the organizer or Höme (on behalf of the organizer as a representative) immediately, at the latest within five working days of handover or receipt of the ticket.

§5.2.3 The transfer of ownership of tickets or rights derived from them to the end customer shall not take place until the total purchase price has been paid in full or all outstanding claims have been settled.

§5.2.4 As part of the purchase process, the end customer must provide truthful, complete and correct information. The organizer or Höme (acting on behalf of the organizer) shall be entitled to verify the information provided by the end customer by means of suitable measures (e.g. credit information).

§ 5.3 Payment via payment service provider STRIPE

§5.3.1 Payment by the end customer shall be processed exclusively via the external payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as STRIPE) and its payment system STRIPE Checkout (available at: https: //stripe.com/de/legal/consumer) in accordance with STRIPE's privacy policy (available at: www.stripe.com/de/privacy). The end customer can choose between various payment methods, such as credit card (Visa, Mastercard, American Express, Discover, Diners Club, China UnionPay), Apple Pay, Google PayPayPal, Giropay, etc. We expressly reserve the right to change, supplement or discontinue certain means of payment.

§5.3.2 Insofar as the "PayPal" payment service is offered, payment shall be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, whereby PayPal may also use the services of third party payment service providers for this purpose.

§5.3.3 If the payment method credit card is selected via STRIPE, the invoice amount is due immediately upon conclusion of the contract. STRIPE reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

§5.3.4 Payments are subject to the general terms and conditions of the respective payment service provider, which is the sole recipient of the payment. Neither the organizer nor Höme shall accept payments from the end customer.

§ 5.4 Rights and obligations

§5.4.1 All information relevant to an event or other offer of the organizer (e.g. scope/content, location, time, organizer, price, fees and taxes, participation requirements and restrictions, access controls and restrictions, form of tickets to be presented, accessibility, seating plan, house rules and other rules of conduct of the respective venue and other restrictions or material information that could reasonably influence the purchase decision of an end customer) shall be communicated by the organizer or Höme (on behalf as representative of the organizer).

§5.4.2 The end customer hereby acknowledges this information and these regulations and thus form part of the contract between the organizer and the end customer.

§5.4.3 It is the sole responsibility of the end customer to check whether they are able or willing to fulfill the requirements, conditions, provisions and regulations necessary for participation. The Organizer may refuse or terminate participation in or attendance at an event in the event of non-compliance or non-observance.

§5.4.4 If there is a suspicion of misuse or violation of legal provisions, these GTC or other provisions or conditions of the Organizer (e.g. through fraudulent, illegal or unfaithful activities) or of corresponding circumvention or attempts to circumvent, the Organizer or Höme (acting on behalf of the Organizer) may revoke the validity of a ticket without compensation before or during an event and refuse the end customer the right to participate in an event or expel him/her from the event.

§5.4.5 Damage, loss or seizure of tickets must be reported to the organizer and Höme by the end customer without delay. If the end customer loses a hard ticket or if it is lost in his area of responsibility, the organizer or Höme shall not be obliged to procure a replacement.

§5.4.6 Unless otherwise agreed, the validity of a ticket is limited to the respective event (in particular in terms of location and time) and, if applicable, the respective seat or seating unit or the corresponding ticket category. Once the event has taken place, the ticket loses its validity.

§5.4.7 The end customer acknowledges that the organizer is solely responsible for events and other offers of the organizer that are offered and processed via Höme services, as well as their content, quality, sequence, implementation, modification, cancellation, cancellation or postponement, the corresponding communication, publications and information, and that Höme is in no way responsible for this. Höme shall be under no obligation to instruct, check or supervise the organizer with regard to its obligations towards end customers. Furthermore, Höme shall be under no obligation to check publications and information of the organizer for their topicality, legality, correctness and completeness. This shall also apply in particular if Höme employees act on behalf of the organizer or the organizer uses contractual documentation and templates provided by Höme.

§ 5.4.8 The end customer further acknowledges that Höme offers no guarantee of uninterrupted accessibility and usability of Höme services. Höme accepts no liability for delays or errors in transmission, memory failures and associated restrictions to Höme services. It should be noted that temporary interruptions to the website and/or individual Höme services may occur in the course of maintenance work.

§ 5.4.9 Changes to implementation by the organizer

The organizer reserves the right to change the location and/or time of the respective workshop or event in the event of special, unforeseeable circumstances for which the organizer is not responsible (e.g. illness or other absence of a speaker), to replace the workshop or event with another speaker or to cancel the event.

If the minimum number of participants is not reached, the organizer reserves the right to postpone or cancel the respective event. In this case, the organizer shall endeavour to inform the participants at least 7 calendar days before the planned start of the event, but at least 24 hours before the start of the event.

§ 5.5 Transfer of tickets

§ 5.5.1 Tickets may not be re-personalized or passed on for every event. The organizer must be contacted for the re-personalization of individualized tickets. A processing fee may be charged for this.

§ 5.5.2 Tickets may not be resold for more than the ticket price shown on the ticket. Commercial resale (e.g. as part of a competition or for advertising purposes) is prohibited without the prior written consent of the organizer or Höme (acting on behalf of the organizer).

§ 5.5.3 In the event of a violation, the organizer or Höme (on behalf of the organizer as representative) may demand payment of a contractual penalty of EUR 500 per ticket from the end customer and refuse access to an event for corresponding tickets without replacement. Further claims for damages remain unaffected by this.

$ 5.6 Cancellation, other cancelations, refunds, returns, exchanges

§ 5.6.1 Without significant change to the event:

Provided that no case under the above Section 7 applies, there is no right of revocation, return, cancellation or exchange for events. Each purchase of tickets is therefore binding immediately after the conclusion of the purchase process and cannot be reversed, with the exception of a ticket refund in accordance with Section 7.

§ 5.6.2 In the event of significant changes, postponement or cancellation of the event:

In the event of a significant change, postponement or cancellation of an event due to circumstances for which the organizer is not responsible, the organizer is entitled to declare the validity of a ticket to another event. A return of the ticket, a refund of the total costs or a reversal of the ticket purchase is not possible in these cases, unless participation in the other event is demonstrably unreasonable for the end customer.

§ 5.6.3 Other cases: In all other cases of a significant change, postponement or cancellation of an event, the end customer shall be entitled to return the tickets and receive a refund of the ticket price, less any costs of reversal and any fees already paid.

§ 5.6.4 "Significant change": A change is significant within the meaning of this Section 8 if the changed event differs fundamentally from an event that the ticket purchaser may reasonably expect.

§ 5.7 Liability

§5.7.1 The organizer shall only be liable for intent and gross negligence, except in the event of a breach of material contractual obligations, injury to life, limb or health and the provisions of the Product Liability Act. Liability for a slightly negligent breach of material contractual obligations is limited to the transaction value associated with the transaction giving rise to liability. In principle, the organizer is not liable for damages caused by force majeure or breaches of duty by third parties.

§5.7.2 Insofar as the Organizer's liability is excluded or limited, this exclusion or limitation of liability shall also apply mutatis mutandis to any personal liability of the Organizer's legal representatives, vicarious agents and assistants as well as any representatives acting on behalf of the Organizer vis-à-vis the end customer.

§5.7.3 If Höme acts as a representative or vicarious agent of the organizer on behalf of the end customer or otherwise appears vis-à-vis the end customer, the following shall apply: Höme shall only be liable for intent and gross negligence - except in the event of a breach of any material contractual obligations, injury to life, limb or health and the provisions of the Product Liability Act. Liability for a slightly negligent breach of material contractual obligations shall be limited to the transaction value associated with the transaction giving rise to liability. Höme shall not be liable for damages caused by force majeure or breaches of duty by third parties.

§5.7.4 Insofar as Höme's liability is excluded or limited, this exclusion or limitation of liability shall also apply mutatis mutandis to any personal liability of Höme's legal representatives, vicarious agents and assistants as well as any representatives acting on Höme's behalf vis-à-vis the end customer. In particular, Höme shall not be liable for damages resulting from the cancellation, refusal, change, postponement or defects of an event, insolvency of the organizer, loss or late arrival or incorrect hard tickets, or restrictions on Höme services.

§ 5.8 Final provisions

§5.8.1 These GTC shall take precedence over any other provisions in the contractual relationship between the Organizer and the End Customer.

§5.8.2 The law of the Federal Republic of Germany shall apply, excluding the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG - UN Sales Convention). The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions shall remain unaffected by this.

§5.8.3 If the end customer is not a consumer, the exclusive place of jurisdiction for all disputes between (i) the end customer and the organizer is the registered office of the organizer and (ii) the end customer and Höme.

§5.8.4 The end customer shall be deemed to be a consumer insofar as the purpose of the ordered deliveries and services is not attributable to his commercial or independent professional activity. Any natural or legal person or partnership with legal capacity that is acting in its commercial or independent professional capacity when concluding the contract shall be deemed to be an entrepreneur. The end customer is not considered a consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period for the provision of the service (as defined in Section 312g (2) No. 9 BGB).

§5.8.5 The following applies to end customers with their registered office, domicile or habitual residence in the European Union:

The end customer warrants that he has unlimited legal capacity or the necessary powers of representation to conclude this contract.

The European Commission provides an internet platform for online dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr. The organizer and Höme are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§5.8.6 Should any of the aforementioned provisions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same applies if and insofar as a loophole is found. In place of the invalid or unenforceable provision or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to what the organizer and the end customer would have wanted economically if they had considered this point.

§ 6 Copyrights and use

The concept and content of the events as well as any seminar documents and presentations are protected by copyright. Any reproduction, transfer to third parties or other use by the participants is only permitted with the written consent of the speaker.

§ 7 Liability

The organizer selects professional speakers for its events who are qualified in the respective specialist areas. However, the organizer assumes no liability for the content or the achievement of the learning objectives sought by the participants.

Unless otherwise stated in these provisions, any further claims by participants - regardless of the legal grounds - are excluded. The organizer is therefore not liable in particular for damages, loss of profit or other financial losses of the participants. This exemption from liability shall not apply if the cause of the damage is based on intent or gross negligence.

§ 8 Data protection provisions

In all data processing operations (e.g. collection, processing and transmission), the organizer works in accordance with the statutory provisions. The personal data and contact details of the participants are stored by the organizer. The legal basis is GDPR Art. 6 para. 1 b) (processing for the performance of a contract).

The privacy policy of Hamburg Kreativ Gesellschaft (https://kreativgesellschaft.org/ueber-uns/datenschutz) provides detailed information about the rights of the data subject (e.g. right of access, right to rectification, right to erasure) and names the data protection officer to whom data subjects can turn.

§ 8. 1 Processing of photo and video recordings at events

Photographs and video recordings may be made during our events. These are used for documentation and public relations purposes, in particular for publications on our website, in newsletters and on social media channels.
The legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the presentation of our activities and the promotion of public awareness of our work.
In accordance with Art. 21 GDPR, you have the right to object to the processing of your personal data for this purpose at any time. To do so, please get in touch with the contact person named at the event or in writing by email to the contact person named on our website.