Supplementary general terms and conditions and data protection provisions

for the sale of tickets for the concert of the Berliner Philharmoniker on 20 March 2021 at the Philharmonie, Berlin, and the performance of the concert.

Terms of use

Contents:

I. Introductory notes to the pilot project

II. Supplementary general terms and conditions ("COVID 19 Conditions")

III. Supplementary data protection provisions ("COVID-19 data protection provisions")

I.Introductory notes to the pilot project

The Berliner Philharmoniker Foundation (‟Foundation” or ‟we”) will [with the approval of the Senate of Berlin Administration on the basis of Zweiten SARS-CoV-2-Infektionsschutznahmeverordnung from 4 March 2021  present a Berliner Philharmoniker concert during the ongoing SARS-CoV-2 pandemic (‟corona pandemic”) as a pilot project (own event). This pilot project aims to ensure health and infection protection for all participants, especially the concertgoers at the event, through a uniform testing strategy and adherence to a protection and hygiene concept according to a high standard. Therefore, in comparison to events held by the Foundation before the start of the corona pandemic, partially differing and supplementary conditions apply, which are regulated in the following Supplementary General Terms and Conditions and Supplementary Data Protection Conditions.

II. Supplementary General Terms and Conditions

1. Scope

These Supplementary Terms and Conditions (‟COVID-19 Terms and Conditions”) apply in addition to the Foundation's General Terms and Conditions for Ticket Sales. In case of conflicting terms, these COVID-19 conditions shall prevail.

2. Ticket sales

Tickets can only be purchased online via a website of the Foundation (‟website”). Tickets offered for sale by third parties do not confer admission rights. A purchaser may buy (notwithstanding clause 2.3 of the General Terms and Conditions for Ticket Sales) a maximum of 2 tickets. The provisions in clause 2.7 of the General Terms and Conditions for Ticket Sales on discounts do not apply.

3. Mobile ticket

Tickets are issued exclusively as mobile tickets. Postal dispatch or collection are not possible.

4. Right of revocation

In addition to the regulations in the General Terms and Conditions for Ticket Sales, a right of revocation is also excluded if you cannot attend the event because you have tested positive for SARS-CoV-2. In these cases, the purchase price will also not be refunded for other reasons.

5. Re-seating

The purchaser acknowledges that the Foundation is entitled, for good cause, e.g. due to prescribed protective or hygienic measures as part of the fight against the corona pandemic and requirements for compliance with distancing measures, to allocate to the ticket holder seats of the same or a higher category than those ordered; in this case, there is no entitlement to compensation. If tickets are sold at uniform prices, re-seating in any seat is possible.

6. Hard personalisation, no passing on of tickets

When tickets are purchased, the contact details of each ticket holder (so-called hard personalisation) are recorded, among other things, for the implementation of the protection and hygiene concept and for the purpose of tracing chains of infection as part of measures to combat the corona pandemic. First name, last name and date of birth are indicated on each ticket. The purchaser shall provide the contact details of the concertgoers for whom he/she is purchasing tickets; he/she shall only provide contact details of third parties (accompanying persons) if they have consented to the provision of such details. Clause 2.8 of the General Terms and Conditions for Ticket Sales does not apply. It is prohibited to sell or pass on tickets.

If the purchaser buys an admission ticket (also) for a third party (accompanying person), the purchaser must expressly inform the accompanying person of the validity and content of the General Terms and Conditions for Ticket Sales and these COVID 19 Terms and Conditions as well as the necessary disclosure of information to the Foundation in accordance with this clause 6, whereby the accompanying person for whom the purchaser buys the ticket agrees to the validity of the General Terms and Conditions for Ticket Sales and these COVID 19 Terms and Conditions between him/her and the Foundation by accepting and using the ticket.

Clause 2.8 of the General Terms and Conditions for Ticket Sales does not apply. The risk of not being able to attend the event for reasons beyond the Foundation's control (e.g. illness, positive SARS-CoV-2 test result) is borne by the purchaser or ticket holder.

7. Pre-event testing and admission to the event

7.1 Testing on the day of the event

All concertgoers must undergo a SARS-CoV-2 antigen test on the day of the event. There are 2 ways to do this:

  • Testing can be done at one of the external partner test stations in Berlin as listed here.
  • Alternatively, testing can take place immediately before the start of the event (in the Philharmonie) in a central temporary SARS-CoV-2 testing station of a diagnostic/laboratory operator. The central SARS-CoV-2 test has a maximum available contingent of testing facilities for 480 persons. Testing will be available between 17:00 and 18:30 (in 5 minute slots).

The test stations are operated by legally independent third parties (e.g. laboratories). For testing, the ticket holder enters into a separate agreement with the testing station. The Foundation is not a party to this agreement.

Samples for SARS-CoV-2 antigen testing are taken by medically trained personnel. All results are validated by a doctor.

Access to the event is only possible if the above-mentioned test stations show a negative SARS-CoV-2 test result. Results from other test stations or laboratories or other test results (such as home tests) will not be accepted at the admission control.

Concertgoers must independently book an appointment at one of the test stations via the website https://veranstaltungstestung.de/schnelltestberlin operated by ticket i/O GmbH. We will send you a voucher code that you can use to pay for the test in advance when you book the appointment.  The cost of the test is included in the price of the ticket. 

The concertgoer will receive his/her medically validated SARS-CoV-2 antigen test result from the testing station. The results must show that the testing was carried out on the day of the event. The test station report is personalised with at least name and date of birth.  This result serves - in case of a negative test result - as proof of a negative test result at the admission control to the event.  At the entrance control, proof can be provided in two ways: 

  • The ticket holder shall present a paper report of his/her negative SARS-CoV-2 test result.
  • Alternatively, it is possible to show the test result on his/her smartphone at the entrance control.

 

7.2 Conditions for admission to the event

Concertgoers will only be admitted to the event if they can present the following documents (cumulatively) at the entrance control:

  • negative SARS-CoV-2 test result as a printed paper report or digital report on a smartphone, issued by one of the testing stations listed in section 7.1 on the day of the event,
  • personalised ticket and
  • proof of identity with photo.

Admission to the event will generally be refused if (i) the holder noted on the admission ticket is not identical to the official photo ID and/or (ii) all three documents are not presented.

Should certain information, e.g. recent stay of the ticket holder in a corona pandemic risk area (as per the respective binding current specifications of the Robert Koch Institute ("RKI")), be required for admission to the event for an important reason, e.g. due to officially prescribed protective and hygiene measures, the ticket holder is obliged to provide this information to the Foundation immediately upon request in line with the respective applicable data protection provisions. If the ticket holder does not meet the relevant requirements, the Foundation may refuse admission to the event. In this case, the purchaser and the Foundation may withdraw from the contract for the affected ticket for the event. In this case, the purchaser will be refunded the amount paid for the ticket.

7.3 Vaccination is no substitute for a negative SARS-CoV-2 antigen test result

No distinction is made between vaccinated and non-vaccinated persons for the event. All concertgoers must present a negative SARS-CoV-2 antigen test result at admission control.

7.4 Removal from the venue or refusal of admission in the case of symptoms of illness

The Foundation is entitled to refuse admission to the venue or to remove the concertgoer from the venue for good cause, e.g. in the case of obvious symptoms of illness. This also applies if a ticket holder violates mandatory provisions of the protection and hygiene concept A refund of the purchase price is excluded in these cases.

8. Non-attendance at the event and isolation in the case of a positive SARS-CoV-2 test result

In the case of a positive SARS-CoV-2 test result, the ticket holder is required to (i) not attend the event and (ii) isolate himself/herself immediately and undergo a PCR test no later than the following day.  Whether and which measures the test stations take is the responsibility of the test stations. The central testing station in the Philharmonie will issue a report in the event of a positive SARS-CoV-2 test result and directly offer the ticket holder a subsequent PCR examination and, if the infection is confirmed, send a notification to the public health department in accordance with the Infection Protection Act. Until the PCR result is known, the person in question must immediately go into quarantine.

9. Protection and hygiene concept

A protection and hygiene concept is in force at the event, which includes the following:

  • The following distancing rule applies to the seating: occupancy is in a chess board pattern (50%).  The distance rule applies to all concertgoers without exception, including members of the same household and the ticket purchaser and his/her companion.
  • It is mandatory to wear medical mouth-nose coverings everywhere and without restriction at the venue, including in the admission area and outside the venue. 
  • Distancing rules apply, which are indicated on signs at and around the venue.
  • Hand disinfection dispensers are provided.
  • Maximum numbers for simultaneous use of toilets apply.
  • A limited selection of food and drinks is available only in the outdoor area, not in the indoor area.

The purchaser and/or ticket holder acknowledges that additional rules, regulations and requirements may apply for good cause, in particular due to instructions or orders issued by the authorities in connection with access to and staying in the event area. These will be communicated to the ticket holder and must be adhered to as soon as they are made known. The purchaser and/or ticket holder is subject to the instructions of the Foundation's staff with regard to the protection and hygiene concept. If a purchaser and/or ticket holder violates the aforementioned protection and hygiene concept, the purchaser and/or ticket holder is obliged to leave the event immediately on the instructions of the Foundation's staff. The purchase price for the ticket will not be refunded in this case.

10. Scientific monitoring

The pilot project is supervised and assessed by external experts.

11. Liability

Supplementary to clause 2.19 of the General Terms and Conditions for Ticket Sales, the following applies: The event is a pilot project.  The pilot project being implemented at the event is intended to reduce the risk of concertgoers and third parties becoming infected with the SARS-CoV-2 virus to an acceptable level. However, the risk of SARS-CoV-2 infection in connection with attendance at the event cannot be completely excluded. The purchaser and ticket holder is aware of this risk. Therefore, the Foundation's liability for injury to the life, body or health of a concertgoer resulting from a SARS-CoV-2 infection in connection with the event, despite implementation of the hygiene concept, is excluded; this does not apply to damage caused by intentional or negligent acts or omissions.

12. Additions and amendments

In the event of a change in the legal situation or jurisdiction, even in the case of existing contractual obligations, the Foundation is entitled to amend these COVID 19 conditions in advance with a reasonable notice period of three (3) days or for good cause, e.g. in the case of official requirements in connection with the corona pandemic, even up to the event, provided that this is deemed reasonable for the purchaser or ticket holder. The purchaser will be notified of the respective changes. The changes shall be deemed approved if the customer has not objected to the changes in writing or by email within the respective period after receipt, provided that the Foundation has expressly referred to this assumption of approval in the notice of change.

III. Supplementary data protection provisions

1. Scope

These Supplementary Data Protection Provisions (‟COVID-19 Data Protection Provisions”) apply in addition to the Foundation's Data Protection Provisions. In case of conflicting terms, these COVID-19 conditions shall prevail.

2. Processing of additional personal data - what data do we use?

In the context of the staging of the event, including the sale of tickets, compared to the staging of events prior to the corona pandemic, the Foundation collects the following additional personal data of concertgoers for processing in accordance with the COVID 19 Conditions:

Purchaser: Last name, first name, telephone/mobile number plus email and address.

Ticket holders: Last name, first name, date of birth.

3. What do we process your data for (purpose of processing) and on what legal basis?

We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

The processing of the personal data mentioned in section 2 is carried out for the purpose of processing the purchase contracts for concert tickets, for billing purposes, for carrying out pre-contractual measures and for answering your enquiries (e.g. by email or via our contact form) in connection with our business relationship regarding the event.

If you show your test result, personalised ticket and proof of identity at the entrance control to the event, we only store the ticket.  We do not store data on the test result or on proof of identity. 

Further details on the purpose of the data processing can be found in the COVID 19 terms and conditions.

4. Who has access to my data?

We do not pass on the data collected for the personalisation of tickets to third parties.

The ticket holder must book an appointment to take a SARS-CoV-2 antigen test at a testing station via the website https://veranstaltungstestung.de/schnelltestberlin. This website is not operated by us, but by ticket i/O GmbH. Therefore, the terms of use and data protection provisions of ticket i/O GmbH, which can be accessed via https://ticket.io/privacy/, apply to this website.

If the ticket holder undergoes SARS-CoV-2 antigen testing at a testing station, this is done on the basis of a separate agreement between the ticket holder and the testing station. We are not a party to this agreement and are not the responsible party under data protection law with regard to the data collected by the test station. The test station does not communicate any personal data to us.

5. Availability of the COVID 19 Data Protection Provisions

This COVID-19 Data Protection Policy can be viewed, saved and printed as a PDF.

As of: 10 March 2021